On Saturday March 2nd, Nicole Mendez crashed into the back of a car in Fort Lauderdale causing the death of a 27 year old man. Nicole Mendez was brought up before a judge on Monday March 4th, where investigators showed that she failed the sobriety test. When they examined her blood alcohol leveled, they found it under the legal limit. But not only alcohol can lead to a DUI.
Nicole Mendez was a heroin addict currently recovering, and admitted that she was under the influence of other drugs the night the accident happened. In South Florida, not only alcohol can lead to DUI charges, but also cocaine, heroin, marihuana, etc.
The two charges she is facing are DUI manslaughter and vehicular homicide.
To prove the crime of DUI, the prosecutors need to prove beyond a reasonable doubt that the individual was in actual physical control of a vehicle, and that while driving, or while he was in physical control of the vehicle, he or she was under the influence of alcohol or any controlled substance to the extent that their normal faculties were impaired. By normal faculties, the Florida Statute refers to the ability to talk, walk, see, hear, judge distances, drive an automobile, make judgments or act in emergencies.
If you or someone you know is being accused of driving under the influence of alcohol or other controlled substances, you need an experienced criminal defense attorney. Call our offices at 561-717-3000 to speak with Attorney Ralph Behr.
Updated: