Miami-Dade Teenager Will Not Face DUI Manslaughter Charges

April 21, 2009
By Musca Law on April 21, 2009 3:07 PM |
In October of 2007, Catherine Martin, then 17, was driving a car with her 16-year-old sister Carolynne Martin as her passenger. Catherine had been drinking before the accident occurred. According to the police investigation, she ran a stop sign, crashing into a truck driven by Miami firefighter captain Robert Garcia. Garcia, who was the captain of his fire station, was ejected from his car and killed. The passenger in his truck survived the accident. Catherine Martin also survived, with injuries, but her sister Carolynne was killed.

The Miami-Dade State Attorney's Office has investigated the case extensively since the accident and considered bringing DUI Manslaughter charges against Catherine Martin. The teenager admitted to an officer at the scene that she had been drinking and law enforcement officials stated that she smelled of alcohol. Still, the blood samples taken later did not put her blood alcohol concentration at or above 0.08 percent, the level at which state law presumes a driver is too impaired to operate a vehicle. The blood samples showed her blood alcohol concentration ranging from 0.056 to just 0.013. Prosecutors believe her blood alcohol level was probably less than 0.07 percent at the time of the crash. With that in mind, the State Attorney's Office determined that it would be unable to prove the crime of DUI Manslaughter. Captain Garcia's family also apparently requested that the state not prosecute Catherine Martin. Minors, of course, are not legally permitted to consume alcohol.

Now 18 years old, Catherine Martin is in her first year of college and hopes to become a physician. Her mother, Lucia Martin, said of Catherine and the accident that, 'It's not easy on her. She's trying to get by," and described Carolynne as Catherine' s "best friend." Lucia Martin also said that she hopes Captain Garcia's family is doing well and has found "peace with God" regarding the accident and Garcia's death.

An article on this accident is available here.

If you have been arrested for driving under the influence, contact the Miami DUI attorneys at Musca Law as soon as possible after your arrest.

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