Lamborghini Driver Arrested for DUI Manslaughter after Deadly Miami Beach Crash

On April 24, 2014, early in the morning, 53-year-old Andres Esteban Toro was allegedly driving his Lamborghini at speeds in excess of 120 miles per hour when he hit an SUV that was stopped at a light on MacArthur Causeway in Miami, Florida.  Toro’s passenger, Toro’s brother-in-law Malcolm Lloyd, died in the accident.  Toro and the driver of the SUV that he hit were both seriously injured.  Toro was charged with reckless vehicular homicide on April 25.  However, after blood tests came back showing that his blood alcohol level hours after the crash was nearly three times the legal limit on April 30, Toro was also charged with DUI manslaughter and DUI with serious injury.  Toro is still in the hospital, but bail has been set at $250,000.

In most cases, giving a breathalyzer or other test is voluntary, although there is implied consent.  You can refuse a test, although you will probably pay additional penalties if you do.  However, there are some situations where police can take a test against your will, such as in the case of when you are suspected of drinking and driving but are unconscious or otherwise not able to say yes or no to a test.  This is somewhat common in cases involving severe accidents.  It is pretty likely that Toro had blood taken while he was being treated at the hospital for the injuries he got in the crash.  This is allowed.

Also allowed is “arresting” someone and having bail set while they are in the hospital as a patient.  When someone is arrested, it is rare for them to be kept locked up without the opportunity of bail, and it would not be allowed that the courts take that person into custody when their medical care would not otherwise allow it.  Regardless of the crime, a person is innocent until being found guilty, meaning that they cannot be denied medical care and put in jail instead.  However, other steps may be taken depending on the situation to effectively arrest someone, such as police guard and other restrictions.

The court can still order bail and, if it were paid, a defendant would be subject to the same freedoms and restrictions as they would have if they were not in the hospital.  They would likely be unable to drink or take drugs and, in a DUI case, probably not be allowed to drive.  They also would not be able to leave the country or other things that would normally not be allowed by someone awaiting trial.  Even if someone does not have the same freedom of movement, such as when they are in the hospital, does not mean their bail would be any less, as the purpose of it remains the same, i.e. to make sure the person shows up to court.

Toro may be in the hospital because of his injuries still, but he is still under arrest and does have bail set.  When it comes to how the law views his case at this stage, his injuries don’t really have much impact.