State Fails To Prove Intoxication In Fatal Crash Case
Posted on February 28, 2019 | Categorized: General
Typically, the issue of fault in a drunk or drugged driving case is considered to be open-and-shut. However, Florida has comparative negligence laws when it comes to determining fault in an accident. In essence, comparative negligence means that lawyers determine to what extent each driver was at fault in an accident. For example, if it is determined that a person is entitled to $10,000 for an accident, but it is determined that they were 20% at fault for the accident, even when the other driver was intoxicated, they are only entitled to be compensated for $8,000. $2,000 is considered their “share” of responsibility.
The Miami Herald reports on a Florida DJ who will not be facing charges in relation to an accident that killed an ex-city worker.
The Miami-Dade State Attorney’s Office stated that it could not prove that 27-year-old Hugo Milochevitch was actually intoxicated at the time of the crash.
The crash, which occurred in March 2017, happened as Milochevitch was driving a BMW packed with passengers after a night of partying. Milochevitch ran flashing red lights at the intersection of Northwest Third Avenue and Fifth Street, slamming into a truck that had the right of way. The crash killed passenger Gus Lopez, who had formerly been the procurement director for the City of Miami. Four others were injured.
The Miami-Dade State Attorney’s Office did explore charging Milochevitch with DUI manslaughter. However, his blood-alcohol content was only 0.67%, just shy of the legal limit of .08% three hours after the crash. Traces of cocaine were also found in Milochevitch’s system, but the drug could have been present days before the accident.
Under Florida law, since they could not prove intoxication at the time of the crash, prosecutors could not charge manslaughter just for running a red light.
The man known as Hugo M, Milochevitch was a DJ at the Miami restaurant Seaspot. He also performed DJ gigs at the clubs Mynt Lounge and Bâoli Miami.