DUI Manslaughter Charges Dismissed Against Man With Cocaine In His System Due To Lack Of Impairment
A July 9 car accident that left Richard Klose dead, ended in a DUI arrest when the driver tested positive for cocaine. Nearly seven months later the charges against David Lanier have been dropped. The Orange-Osceola State Attorney’s Office dropped the case saying there was no evidence of impairment. Assistant State Attorney Robert Eagan wrote “Cocaine in one’s system does not constitute impairment”.
According to a story in the Orlando Sentinel, St. Cloud police crash investigators determined the fatal DUI crash would not have happened had Lanier not been under the influence of cocaine. In Florida there is no definition of cocaine impairment. Drug-related DUI cases are based on an officer observation backed up by lab reports.
Lanier is an admitted heroin user and on the night of the crash police searched his car and found crack pipes, syringes with cocaine residue and marijuana. He tested positive for Xanax and cocaine. He has three previous convictions in Florida. Two were for felony cocaine charges. Lanier said he hadn’t used cocaine for three days prior to the fatal crash.
If you have been charged with a drug crime in Orlando or Orange and Osceola County please do not hesitate to contact Criminal Defense Attorney Darren Finebloom at 1-800-FIGHT-IT (1-800-344-4848) to discuss the matter or visit our website FightYourDrugCrime.com. Also you can contact Darren by stopping in our Orlando office located at 189 S. Orange Ave. Suite #1805S.
