As you have probably heard, Henry Ruggs III, a former Raiders receiver, was recently involved in a severe automobile crash. The driver in the other crashed vehicle, as well as their dog, was declared dead on the scene. After the police investigated the circumstances surrounding the incident, the Nevada state prosecutors decided to charge Ruggs with two counts of DUI resulting in death or substantial bodily harm, two counts of reckless driving and one count of possessing a firearm while under the influence. Since the crash occurred in Nevada, Ruggs will be charged under Nevada state law. This article will take a deep dive into examining how each of Ruggs’s charges would be treated if the case instead happened in Florida.
DUI Resulting in Death
Florida statute 316.193 outlines the crime of driving under the influence, also known as a DUI. A person is considered guilty of committing a DUI when:
- The person is driving or is in actual physical control of a vehicle within the State of Florida,
- The person is under the influence of alcohol or chemical substances to the extent of impairment
If alcohol is involved, the person’s blood-alcohol level must be 0.08 or higher to be considered “impaired” under this statute. This can be determined by analyzing either 100 milliliters of the person’s blood or 210 liters of their breath.
DUI Manslaughter
In Rugg’s’ case, the crime he is charged with is not a simple DUI; it is a DUI resulting in death. Under Florida law, this particular DUI is treated differently. Under subsection (3), a person who causes “the death of any human being” while driving under the influence has committed DUI manslaughter. This is typically charged as a second-degree felony, punishable by up to 15 years of imprisonment and a fine up to $10,000.
This charge can be elevated to a higher felony level if the State can prove two things: (1) the defendant knew, or should have known, that the crash occurred and, (2) the defendant failed to give information and render aid. If these two factors can be proven, then the defendant could be charged with a first-degree felony, resulting in up to 30 years of imprisonment and a fine up to $10,000.
Vehicular Homicide
The same defendant could also be charged under Florida statute 782.071, which defines vehicular homicide. Vehicular homicide is considered to be the “killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”
Vehicular homicide is charged as a second-degree felony, which carries a potential sentence of up to 15 years of imprisonment and a fine up to $10,000. Similar to DUI manslaughter, this charge can be elevated to a first-degree felony if the State can prove both that the defendant knew, or should have known, that a crash occurred and that he or she failed to render aid. The defendant does not have to be aware that the accident resulted in injury or death. The first-degree felony variant of vehicular homicide is punishable by up to 30 years of imprisonment and a fine up to $10,000.
In addition to imprisonment and a fine, the court can also order the defendant to serve 120 community service hours as part of their punishment. These hours must be completed in a trauma center or hospital that regularly receives vehicle accident victims.
Reckless Driving
Florida statute 316.192 defines reckless driving as being when a person drives a vehicle “in willful or wanton disregard for the safety of persons or property.” Reckless driving is subject to different punishments depending on the type of conviction:
- First Conviction:
- Up to 90 Days of Imprisonment
- A Fine Between $25 and $500
- Second or Subsequent Conviction:
- Up to 6 Months of Imprisonment
- A Fine Between $50 and $1,000
If the defendant caused substantial bodily harm as a direct result of their reckless driving, this same statute would also allow the State to charge him or her with a third-degree felony. Additionally, if the defendant has been found guilty of reckless driving and the court believes that alcohol or other substances were responsible for their actions, Florida courts must order him or her to complete a DUI program substance abuse education course and evaluation, followed by a revocation of his or her driving privilege.
Possessing a Firearm While Under the Influence
Florida statute 790.151 outlines the crime of using a firearm while under the influence and how it must be punished:
- As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
- For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
- It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
- Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
- This section does not apply to persons exercising lawful self-defense or defense of one’s property.
If Rugg’s case were to occur in Florida, he would probably not be charged for this crime. There was indeed a loaded handgun in his vehicle; however, this statute specifically states that the weapon must be “in a person’s hand.” Therefore, since he was not actually “using” the firearm, he likely would not be successfully charged under this statute.
If you have been charged with a DUI, reckless driving, or felony possession of a firearm, you will need an experienced criminal defense attorney who can represent you and protect your rights. Call the criminal law attorneys at Hendry & Parker, P.A., located in downtown Dunedin, at (727) 592-5205 today for a free case review.