This is a doozie for all you 5th amendment fans.
ORLANDO, Fla. — An alleged drunk driver killed another driver. But, because of a judge’s oversight, the driver may never go to jail. …
…Bohms was ticketed for two violations, misdemeanor DUI and felony DUI manslaughter.
…The accused drunk driver’s attorney, Amanda Jacobson, says she assumed the DUI manslaughter charge had been dropped and helped her client plead no contest to the much less serious charge when there was no prosecutor in court.
The judge apparently did not notice the information in the case file indicating there had been a fatality and accepted the plea on the lesser charge. He sentenced Bohms to a $573 fine, one year’s probation, DUI class and 50 hours community service.
When the judge became aware of the mistake, he tried to throw out the plea.
The DUI manslaughter case is under consideration by the State Attorney’s Office. But, somehow, the lesser-included charge made its way through the courts and was scheduled for hearing.
The problem is, Judge Todd may not be able to legally throw out that plea and the accused drunk driver may never face prosecution for Nicolas Cudnik’s death.
Amendment 5 says: “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb
Maybe some of you poli-sci/legal types can chime in, but I just don’t see how they can get this guy. They blew it… He got a get out of jail free card. I don’t really blame the judge, he has a docket full I’m sure. But the prosecutor should be fired and I don’t think he’ll be running for DA any time soon.