SHOULD JUDGES CONSIDER PASSENGERS ASSUMPTION OF RISK IN MANSLAUGHTER CASE IN TAMPA BAY, FLORIDA?

A recent DUI manslaughter case in Pinellas County pits two sets of parents against each other. One set of parents have lost a child to death, the other set of parents may lose their child to the criminal justice system with a Judge and at least one Clearwater Criminal Defense Lawyer wondering what Solomon might do; cut the Defendant in half?
The two USF students had been friends since kindergaten till the terrible night when an automobile accident took the life of one while the other was driving under the influence of alcohol (DUI).
The driver has shown remorse, talking thru her tears about the dangers of alcohol and the loss of her best friend to high schools and college students.
Should the survivor be sent to prison? The parents of the dead child want fifteen years. The parents of the living child want no prison at all. The prosecutor wants ten years.
Clearly the driver should be punished. However, DUI Manslaughter may be one of the few crimes where an assumption of risk by the victim should be considered in sentencing.
The victim also chose to drink that night. The victim chose to get into that car knowing that her friend was impaired, under the influence and likely DUI. Shouldn’t her decisions have some impact on the outcome of the case?
If so, jail should not be as inevitable as mercy. If your seeking the best possible arguments in a Tampa Bay murder case contact a Clearwater Criminal Defense Attorney.