Miami DUI Blood Test Results For Donte' Stallworth Expected Soon
According to the Miami Herald, the DUI blood test results for Cleveland Browns wide receiver Donte' Stallworth should be available soon. Stallworth, 28, was driving his Bentley eastbound on Miami's MacArthur Causeway last Saturday at about 7am when he struck and killed Mario Reyes as he was crossing the street. Reyes, 59, had just left his job as an overnight crane operator and was attempting to cross the street to catch the bus home.
Although he was questioned and released by Miami Beach police, Stallworth may still face criminal charges. If his DUI blood test results reveal the presence of alcohol or drugs, Stallworth could be facing the criminal charge of DUI manslaughter. However, even without a positive test result, he may still be facing criminal charges such as vehicular manslaughter and reckless driving. Under Florida law, DUI manslaughter and vehicular manslaughter are both 2nd degree felonies punishable by up to 15 years in state prison.
A graphic video released shortly after the accident shows a Miami Beach police officer administering the Horizontal Gaze Nystagmus field sobriety test to Stallworth who is dressed casually in jeans and a t-shirt. In the background, you can see paramedics attempting to save Reyes's life. Stallworth appears to be calm and cooperative on the video. Although it may come as a surprise to some people, a blood draw is routine in Florida when there is an automobile accident involving serious bodily injury or death. In fact, Florida law specifically authorizes the use of reasonable force to take a blood sample from an unwilling driver.
It's a sad situation for all involved. The Reyes family has suffered a terrible loss, and Stallworth 's career and future liberty are in jeopardy. Stay tuned for the DUI blood test results. From a criminal defense perspective, Stallworth's case is much more difficult if he's facing a DUI manslaughter charge with a positive blood test than a vehicular homicide charge without a positive blood test.
If he hasn't done so already, Stallworth should start looking for a Miami criminal law firm with extensive DUI and criminal traffic experience such as Pensky & Kim, P.A.
