Miami’s District Court of Appeals Reverses Convictions but Affirms Criminal Sentence in DUI Manslaughter Case

Miami Dade Circuit Court Judge Marisa Tinkler Mendez convicted Mark David Ivey of DUI manslaughter, leaving the scene of an accident and vehicular homicide despite the best efforts by his defense attorney. Although he was convicted on all three counts, the court only sentenced him on the DUI manslaughter charge. Mr. Ivey appealed the jury’s decision and the verdict.

On appeal before Judges Cope, Gersten and Chief Judge Ramirez, Ivey’s attorneys argued that convictions on these three counts were a violation of double jeopardy. The Doctrine of double jeopardy states that you cannot be tried more than once for the same crime. In this case, lawyers for Ivey contended that DUI manslaughter encompassed, vehicular homicide and leaving the scene of an accident. Therefore, the second two charges were redundant. The Third District found this to be true. This is in part because the DUI manslaughter charge was enhanced from a misdemeanor to a felony because the Defendant fled the scene of the accident.

Ivey’s criminal defense attorneys won their argument. Unfortunately, it did not benefit Ivey. Both the vehicular homicide charge and the leavening the scene of the accident charge were overturned. However, the DUI manslaughter charge was upheld along with the 22 year long prison sentence that went with it.