Jurors deliberate the fate of a driver accused of vehicular homicide and DUI manslaughter. In December 2006, Richard Hutchinson drove his truck across the median and struck the victim's lightweight SUV. The victim, Joan Wilkins, died on impact.
Hutchinson was taken to a Lakeland hospital on that early December morning for treatment of injuries related to the accident. The authorities and hospital staff failed to have the defendant's blood sample taken until almost 5 hours after the crash. The test showed that Hutchinson had a blood alcohol level of .73; below the Florida legal limit is .08.
A drinker's BAC or Blood Alcohol Concentration is based on several factors: size, age, weight, gender, physical condition, chosen alcoholic beverage and the amount of sleep and food consumption by the drinker. Once an individual's blood alcohol level has peaked, the human body breaks down the alcohol and the level decreases. It is my understanding that a blood level not taken until 5 hours after the crash would most definitely have an impact on the reading of the alcohol level.
The Polk County Medical Examiner gave testimony that she estimated the Defendant's blood alcohol level to be at least .122, at the time of the accident. Hutchinson's attorney defended his client by presenting contributing factors to the crash as evidence. The defense stated that Hutchinson's tire blew out and he lost control of his truck on wet roads.
The jury is still in the process of deliberating this case and there has yet to be a resolution. The defendant has pleaded not guilty to the charges of vehicular homicide and DUI manslaughter. He faces a maximum sentence of 15 years in prison, if he is convicted.
I do not represent Mr. Hutchinson, nor do I possess information that may jeopardize attorney/client privileges. I am a Polk County DUI Attorney who has experience in dealing with proceedings such as these. I want readers to understand that there are always three sides to every story: The defenses', the prosecutions' and then there is the truth. The untimely death of another individual is a tragedy. However, sometimes it is an unavoidable accident. Contact a knowledgeable Polk County DUI Defense Lawyer for guidance with your case.
