Fatal DUI Charge Dismissed Due To Police Errors

In Florida, DUI manslaughter is a charge that is always a felony. If the driver who was intoxicated knew that a victim was hurt or dying and did not give aid, then it is a first-degree felony. All other DUI manslaughter charges are a second-degree felony. It should also be noted that Florida allows for DUI manslaughter to be charged if the accident kills an unborn fetus. There is also a four-year minimum prison sentence in effect for DUI manslaughter, while the term can run up to fifteen years for the second-degree felony version. In the first-degree felony version, the prison term is between 4 and thirty years.

The Sun-Sentinel reports that police botched a DUI investigation that killed a young girl’s parents.

According to Deputy Chief Allen Siegal, the missteps that the agency made included: failing to take the correct pictures needed for prosecution and using spray paint on a rainy night to mark the crime scene.

Police wanted to prosecute Judith Khoury, 56, for DUI manslaughter. Instead, Khoury was only convicted of DUI and received just a 30-day sentence.

The couple, Benyamin “Benny” Benyamin and Zafrit “Sofie” Ruvio Benyamin had arranged for a sitter for their 6-year-old daughter while they went out for a night. They used a cab-hailing service to get to their dinner location but caught a ride home with Khouri in her 1998 Mercedes.

On March 26, 2017, Khoury failed to yield the right of way at 3 a.m. to a Honda that had the green light at Commercial Boulevard and Northwest 70th Avenue.

Khoury survived the crash. Nearly three hours following the crash, her blood-alcohol level was still 0.14%, nearly double the legal limit.

Due to the lack of documentation at the crime scene, it was impossible to tell necessary details, such as vehicle position, and speed. Photos of the scene also lacked background characteristics that could have helped to determine who was at fault in the crash.