The Umansky Law Firm

Outside of Umatilla in late September, 2009, a man driving a Toyota Prius struck and killed a 49-year-old woman while she was riding her bike. The accident occurred around 8:00am.

The driver, an unemployed construction worker, told the police the sun was in his eyes when he hit the cyclist. He was travelling east and hit the cyclist from behind. According to investigators, the driver said he held up his hand to block the sun, and then heard a "boom." He looked in his mirror and saw the cyclist lying in the middle of the two-lane road. The cyclist was not wearing a helmet and died later at the hospital of her injuries.

A witness said they saw the driver make a U-turn after the crash and come back to the accident. The driver then told the witness to dial 911.

So far, so good. However, the driver was given a toxicology test that revealed his blood alcohol content to be 0.186, double the 0.08 allowed for drivers under Florida law. He also tested positive for marijuana. The driver admits he consumed five or six beers the night before and assumed he was able to drive.

Police gave him the test after they noticed he was unsteady on his feet, had bloodshot eyes, and alcohol on his breath. They also determined he was driving with his passenger side tires off the side of the road, where a bicyclist would be riding. As a result, the man was charged with a DUI. It then took police four months to charge him with manslaughter.

The driver now faces up to 15 years in prison if he is convicted of the second-degree felony.

If you or a loved one has been charged with a crime in Orange County or Orlando, Florida, or anywhere else in the state of Florida, please contact the experienced criminal defense attorneys at the Umansky Law Firm for an initial case consultation.