DUI Florida - New Trial Required Manslaughter

Florida DUI Attorney reports the Court ruled that a DUI Jury Instruction was inaccurate and misleading. The jury was instructed that the state was required to prove that defendant, while driving or while in actual physical control of vehicle, had blood alcohol level of .08 or higher ''and/or a controlled substance to-wit: cocaine.'' The Appeals court reversed the manslaughter conviction and ruled that simply having cocaine in the system is not legally sufficient to convict because state must prove beyond a reasonable doubt that the defendant was ''under the influence'' of cocaine. Source 33 Fla. L. Weekly D921a

DUI Florida Attorney