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Tampa Criminal Defense
Tampa's Aggressive Criminal Defense Firm

Driver Convicted of DUI Manslaughter Sues Victim

In a rather odd factual scenario, a driver convicted of DUI manslaughter in Tampa FL is suing the victim, claiming the victim has caused him pain and suffering.  On Christmas Eve 2007, David Belniak was traveling 70-90 MPH when he rear ended a vehicle operated by the victim, Ray McWilliams.  Rather than go to trial, Belniak agreed to a plea deal and was sentenced to 12 years in Florida State Prison where he resides today.  In a recent court filing, Belniak served the estate of McWilliams with a civil suit trying to recoup money, apparently for pain and suffering and other medical bills.

In the civil suit, Belniak alleges that McWilliams was the one who caused the accident by abruptly changing lanes.   The attorney for the estate of McWilliams defies Belniak’s logic and states “It’s hard to wrap your head around.”

In Florida, DUI manslaughter is a second degree felony punishable by up to 15 years in prison and a lifetime revocation of a driver’s license.   If you have been charged with DUI in Tampa, Florida contact Stephen Higgins, a criminal defense lawyer in Tampa with offices at 3426 W. Kennedy Blvd., Tampa, FL or at stephen@fightyourcase.com

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