Fifth District Court of Appeal
An appeals court has issued a ruling overturning a conviction in a case involving a driver who was sentenced to 12 years in prison on a DUI manslaughter charge in connection with a fatal motorcycle accident in 2007. An Orange County jury found that the man had been driving drunk around 2:30 a.m. on his way home to Apopka when he pulled out in front of a motorcyclist and caused a fatal accident. However, in the recent ruling, the Fifth District Court of Appeal overturned the conviction, saying that while the defendant was intoxicated that morning when he caused the accident, the 29-year-old victim was also at fault. Evidence suggested that the victim had “popped a wheelie” at the time of the accident, causing his headlight to point skyward, effectively making him invisible to the driver.