New evidence has been released in the case of Carlos Bertonatti's fatal car crash with cyclist Christophe Le Canne. Bertonatti was involved in an accident on Rickenbacker Causeway in which he veered into the bike lane and hit Le Canne who was riding his bike. Bertonatti left the scene of the accident with the bike still lodged under his car.
Now the police have revealed new details regarding the case. An officer who witnessed Bertonatti flee the scene claims that he clocked Bertonatti's speed at 80 mph according to a report released by the police. The police also indicated that when he was finally arrested he refused to believe that he was involved in the fatal collision with the cyclist. "Your lying to me . . . cops do that stuff all the time," Bertonatti told police.
The new information released also included information that the officer's had to strap Bertonatti to a stretcher to obtain a blood sample. The blood test indicated that his blood alcohol concentration (BAC) was .122. An adult male the size of Bertonatti would have to consume six beers in an hour to register a BAC of that level. The new report also indicated that Bertonatti was tested for drugs but tested negative for marijuana, cocaine and a slew of other drugs.
Police officer Felix Huertas saw Bertonatti leave the scene of the collision and indicated that the car had "extensive front end damage." The officer also claims that Bertonatti obviously fled when he saw the officer at the scene. "Upon seeing my lights activate, (Bertonatti) began to increase his speed in excess of 80 miles per hour, almost colliding with slower moving traffic ahead of him," said the officer's report. Bertonatti pled not guilty to charges of DUI manslaughter, vehicular homicide, resisting arrest and leaving the scene of an accident where someone was killed.
According to Miami DUI attorney John Musca, this case is somewhat unusual because of the details released regarding the officers strapping the suspect to a stretcher to administer a blood test. "Florida DUI law permits law enforcement to use reasonable force to obtain a blood test if a driver refuses to submit to such a test after being involved in an accident where someone is seriously hurt or killed," said Musca. The officer still must have probable cause that a driver is intoxicated and perform the test in a "reasonable manner," explained Musca.
A driver who is charged in a fatal accident where the driver is alleged to have been driving under the influence of drugs or alcohol faces very serious charges. The maximum prison term for DUI manslaughter is 15 years and 15 years for vehicular homicide as well. While no Miami driver wants to be faced with the consequences of a fatal DUI related accident, anyone who finds themselves in this position should immediately consult an experienced Miami DUI lawyer.
When you are faced with DUI charges in Miami, you will face some serious legal issues where you will need 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.
