Ex-Yankee's DUI Manslaughter Trial Begins

Former Yankee Jim Leyritz is scheduled to stand trial for the charge of DUI manslaughter.  It is alleged that in December of 2007, Leyritz was involved in a crash that killed a mother of two.

If convicted, Leyritz faces up to 15 years in prison with a 4-year mandatory minimum sentence.

Today's Sun-Sentinel reported that the judge in Leyritz's case has ruled that evidence showing that the victim had a high blood-alcohol content, was not wearing a seatbelt, and was receiving text messages at the time of the crash will not be allowed to be presented to a jury.

This ruling is seriously damaging to the defense's case since it is a defense to DUI manslaughter that the accused did not cause or contribute to the crash.  In fact, a criminal defense attorney may argue that the accused is guilty of DUI, but that their driving and impairment did not cause the crash.  It is perfectly acceptable to place the blame on the other driver.

With the judge's ruling that evidence of the victim's intoxication and careless driving will not be admissible, it will hurt the defense's chances of establishing that Mr. Leyritz did not cause or contribute to the crash.

DUI manslaughter is a very serious offense that carries mandatory prison time.  Since the accused's blood is often taken when they are arrested for DUI manslaughter, these cases typically have physical evidence showing impairment.  If the blood-alcohol level is .08 or higher, there is a presumption that the accused was impaired.

However, it is not DUI manslaughter if you get into a fatal crash while intoxicated. The State of Florida must prove beyond a reasonable doubt that the accused's impairment caused or contributed to the crash.

For instance, if the evidence showed that X had a .09 blood-alcohol level, but was stopped at a red light when Y rear-ended X at 75 miles per hour, and Y died, the charge of DUI manslaughter could not be sustained.  X could certainly be found guilty of misdemeanor DUI, but the evidence would be insufficient to show that the impairment caused or contributed to the death.

DUI manslaughter requires a strong defense.  If you or someone you know has been charged with DUI manslaughter, call me to discuss your case.