Jul

17

Florida Man Not Guilty of DUI Manslaughter in Crash

By Mary Ann

An Ocala, Florida man was found not guilty of DUI manslaughter and DUI with property damage. The Ocala Star-Banner reports that David Andrew Ballinger had faced up to 31 years in prison and $20,000 in fines.

The Star-Banner earlier reported that the Florida Highway Patrol had responded, in January, to a single-vehicle crash. They found Robert Lewis Wilson pinned beneath the vehicle. Witnesses told investigators they had seen a man jump out of the truck and try to help Wilson, but that the man had run away.

Five hours after the crash, police went to Ballinger’s home and drew blood.  His blood alcohol level was 0.05 percent, five hours after the crash.

A Florida Department of Law Enforcement toxicologist testified Ballinger’s BAC could have been above legal limit for DUI of 0.08 percent at the time of the crash. The Star-Banner’s article does not indicate whether Ballinger argued he had drank alcohol following the crash.

It appears that convincing juries that a driver was DUI when his measured BAC was below 0.08 percent is becoming increasing difficult.

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One Response so far

There is also the issue of a “wheel witness”…..an inexperienced state attorney doesn’t hurt either…. BTW, time on the job does not equal experience……