Vehicular Manslaughter Charges Dropped Against Former Coral Springs Police Officer
In July 2011, Coral Springs officer Peter Munoz was driving along LeJeune Road and Aledo Avenue in Coral Gables when his car crashed with Jennifer Gutierrez’s car. Guiterrez, 24-years-old, died as a result of the accident. As part of the investigation, Munoz’s blood-alcohol was determined to be .229, more than three times the limit of .08. He was charged with vehicular homicide and DUI manslaughter.
Prosecutors alleged that in addition to Munoz’s high blood-alcohol level, he caused the accident by driving over the speed limit and striking Gutierrez’s car as she attempted to make a right turn. However, as it turns out, there was an issue with the blood-alcohol results. Under a Supreme Court of the United States ruling, cases of warrantless blood testing can be dismissed based upon unreasonable search and seizure. This was the instance in this case, which forced the judge to throw out that piece of evidence. Still, the manslaughter charges remained.
On Wednesday, November 12, the parties attended a hearing on the case. In reviewing similar cases, the court rulings showed that Gutierrez’s driving was not considered reckless and the case was dismissed.
It’s not unusual for technicalities to make or break a criminal defense case. Defendants have certain rights that must be protected. For example, in the instance of this case, the Supreme Court dictated in a previous ruling that when investigators can reasonably obtain a warrant before drawing a blood sample, they must do so under the Fourth Amendment.
Source:
Miami.cbslocal.com, “Fmr. Coral Springs Cop Cleared In Vehicular Manslaughter Case,” 12 November 2014.
Posted on November 13, 2014, in Criminal Defense and tagged DUI, DUI manslaughter, vehicular homicide. Bookmark the permalink. Leave a comment.
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