Posted On: March 20, 2009 by Pensky & Kim

DUI Update: Source Says Donté Stallworth Was Driving Drunk At Time Of Fatal Accident

This Miami criminal lawyer has learned that an unnamed source with knowledge is reporting that Cleveland Browns wide receiver Donté Stallworth, 28, was driving under the influence of alcohol when he struck and killed Mario Reyes, 59, on Miami's MacArthur Causeway last Saturday morning. In addition, WSVN-FOX was reporting on Thursday afternoon that Stallworth's blood alcohol content was 0.12 grams of alcohol per 100 milliliters of blood. However, Miami Beach police would not yet confirm that Stallworth's blood alcohol level was above the 0.08 legal limit.

Although criminal charges have not yet been filed, Stallworth could still be facing charges as serious as DUI manslaughter or vehicular manslaughter. Under Florida law, both DUI manslaughter and vehicular homicide are 2nd degree felonies punishable by up to 15 years in state prison.

Stallworth, who has been cooperating with police, released a statement on Wednesday expressing his condolences to the the victim's family. In a prepared statement he stated, ''My family and I are grief stricken over the tragic accident which occurred Saturday on Miami Beach where Mario Reyes sadly lost his life. My thoughts and prayers are with the Reyes family during this incredibly difficult time."

If these unconfirmed reports are true, Stallworth could be the second professional athlete in the past 15 months to be facing a DUI manslaughter charge is South Florida. Jim Leyritz, a former major league baseball player for the New York Yankees, is still awaiting trial on DUI manslaughter charges stemming from a fatal automobile accident on December 28, 2007. According to police, Leyritz was out celebrating his 44th birthday when he ran a red light and crashed into a vehicle being driven by Fredia Ann Veitch. Sadly, Veitch was not wearing her seatbelt and was ejected from her vehicle. She died a short time later at Broward General Medical Center. DUI blood tests results showed that Leyritz's blood alcohol content was 0.14 and 0.13 about three to four hours after the accident.

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