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5th District Court of Appeal Reverses Circuit Court & Reduces DUI Manslaughter to DUI  Uploading ....In the matter of Pennington vs. State of Florida, the 5th District Court of Appeal ruled as follows:
The 5th District Court of Appeal reversed the defendant's conviction for DUI manslaughter, remanding for an amended judgment and sentence for a DUI, & affirmed a judgment and sentence for leaving the scene of an accident with death. The defendant had appealed, arguing the circuit court erred in denying defendant's request for judgment of acquittal as his reasonable hypothesis of innocence regarding the nature of the accident was not rebutted and by denying defendant's motion for a mistrial on the basis of juror misconduct. The court ruled that there was not evidence to show that defendant's drunk driving caused or contributed to the other driver's death. The State is required to prove that fact beyond a reasonable doubt under Florida Law.
Michael Dye and Daniel Rosenberg are a href="http://yourfloridacriminalattorney.com/miami-criminal-attorneys">Criminal Attorneys who represent individuals accused of DUI and other serious crimina offenses in Miami-Dade County & throughout Florida. For further information, please call (305)429-3285 or visit our website by clicking here: Miami DUI Attorney.
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