On March 14, 2009 Dante Stallworth, a Cleveland Browns wide receiver accidentally ran over and killed a pedestrian in Miami. He was driving a Bentley that was heavily damaged from the impact. Stallworth cooperated with the police investigation, took field sobriety tests and provided blood work that was sent to a lab for examination. The result of the test was a .126, more than one and one half the legal limit in Florida. Yesterday, Stallworth was charged with DUI and DUI manslaughter. Reports place Stallworth drinking at a club shortly before the accident. A videotape shows Stallworth taking a field sobriety test known as the Horizonatal Gaze Nystagmus test. Florida law has a fifteen year maximum prison sentence for a conviction of DUI manslaughter.
Read Article: Dante Stallworth Charged With DUI Manslaughter
See Videotape: Stallworth Taped Performing HGN Test
In Massachusetts OUI Manslaughter is a crime under Massachusetts General Laws Chapter 265 Section 13 1/2. This is part of Melanie’s Law, Massachusetts’ newest and perhaps most strict version of Massachusetts OUI laws. The Massachusetts Manslaughter has a five year mandatory prison sentence and authorizes incarceration for up to twenty years.
Most likely, the issue facing Stallworth is not whether or not he was impaired when he was driving but whether his actions amount to DUI manslaughter under Florida law. This is a matter of fact that is determined by a judge or a jury.
The Law Offices of Stephen Neyman handles OUI cases throughout Massachusetts. Even if the offense with which you have been charged is your first we strongly recommend that you hire an experienced Massachusetts OUI defense lawyer to defend and advise you. Our office can be reached 24 hours per day, 7 days per week by calling 617-263-6800 or you can contact us online.
Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.