In the case of Pennington vs. State of Florida, the Fifth District Court of Appeal ruled as follows:
The Fifth District Court of Appeal reversed the defendant's conviction for DUI manslaughter, remanding for an amended judgment and sentence for DUI, & affirmed the judgment and sentence for leaving the scene of an accident with a death. Defendant had appealed, contending that the circuit court erred in denying defendant's motion for judgment of acquittal because his reasonable hypothesis of innocence concerning the nature of the accident was unrebutted along with denying his request for mistrial on the grounds of juror misconduct. The court ruled that there was not evidence to indicate that defendant's intoxicated driving caused or contributed to the other driver's death. The State is required to prove that fact beyond a reasonable doubt by Florida Statute Section 316.193.
Michael Dye & Daniel Rosenberg are a href="http://yourfloridacriminalattorney.com/miami-criminal-attorneys">Criminal Attorneys who represent individuals accused of DUI and serious offenses in Miami-Dade County & throughout Florida. For further information, please call us at (305)429-3285 or visit our website by clicking here: Miami DUI Attorney.