A man who was sentenced to 15 years for DUI Manslaughter for causing a crash that resulted in the death of a University of Miami student has exhausted his appeals and will serve the original 15-year sentence, the maximum sentence allowed under the law. At the time of the accident two years ago, Ramone Herrera's blood alcohol concentration (BAC) was three times the level at which a driver is presumed to be impaired under Florida DUI law. Herrera was driving the wrong way on I-95 when his vehicle crashed into the Dodge Neon driven by Michelle Shore.
Herrera was charged with DUI manslaughter and vehicular homicide and received a sentence of 15 years which was the maximum in an open plea, leaving it to the judge to determine the sentence. Herrera had sought to have the sentence reduced on appeal. However, the judge on appeal affirmed the sentence, and Herrera has now exhausted his appeals. The family and friends of Shore appeared to implore the judge not to modify Herrera's sentence. Those close to Shore were happy with the sentence. "Judge, I'm here on behalf of my daughter to beg you to not let Ramone Herrera serve anything less than a 15-year sentence," said Michelle's mother.
Herrera asked the judge to reduce his sentence saying he was very remorseful. "My sincere apology goes to the Shore family. I never intended for that to happen. This is something that I will forever regret and feel remorseful for," Herrera said. Herrera's mother also made an impassioned plea through a translator to the judge saying, "But he's not a murderer. It was an accident." Miami DUI lawyer John Musca said that DUI manslaughter is a second degree felony which is punishable by a maximum sentence of a $10,000 fine and 15 years in state prison. A conviction for vehicular homicide provides for the same maximum sentence under Florida DUI law according to Musca. Because a conviction of DUI manslaughter can result in a lengthy term in state prison, one who is charged with DUI manslaughter in Miami should retain an experienced DUI lawyer who will investigate the circumstances of the accident and the validity and procedure in any breath or blood testing as well as other potential defenses or mitigating factors.
When you are faced with DUI charges in Miami, you will face some serious legal issues where you will need the assistance of a Miami Dui Defense Attorney. It is crucial that you have legal representation if you are facing a DUI charge. Don't face this situation without an aggressive attorney fighting for your rights every step of the way. Contact Musca Law immediately.
