What Is an “Open Plea” for a Fort Myers DUI?

If you have been accused of a DUI in Fort Myers, you might have heard of something called a “plea deal.” As many people know, a plea deal is when you plead guilty in exchange for a more lenient sentence. However, this is not the only way one can plead guilty during a criminal case. One might also enter an “open plea.” But what exactly does this mean, and how might it affect the outcome of your case?

Man Enters Open Plea After Initially Pleading Not Guilty to Fatal DUI 

In March of 2025, a Fort Myers man entered an open plea after initially pleading not guilty to a DUI causing serious injury. This crash claimed the life of a construction worker in 2023. The construction worker was initially injured after the crash but later succumbed to his wounds. This led to an upgraded charge of DUI manslaughter, and the defendant was arrested again after initially being released on bond.

Police say when they responded to the crash scene at about 2:00 AM, they found the defendant in his SUV with slurred speech and red eyes. The man was also disoriented and confused, according to the arresting officers. When these officers questioned him, the defendant admitted to drinking three whiskeys and cokes within a single hour.

Witnesses say the defendant veered out of his lane and knocked over several construction cones before rear-ending a construction truck. The victim was inside the construction truck at the time of the crash. The defendant’s BAC level was reportedly nearly four times the legal limit.

Although he initially pleaded not guilty, he later pleaded guilty in late January before a Lee County Circuit Court Judge. He made this admission of guilt during an “open plea” and subsequently received a sentence of 12 years imprisonment. The maximum penalty for a DUI manslaughter in Florida is 15 years in prison.

What Is an Open Plea? 

In many cases, defendants strike “plea deals” with prosecutors. When a defendant pleads guilty without striking a plea deal, this is called an “open plea.” So why would a defendant plead guilty without any of the advantages that come with plea deals?

Some defendants decide to enter open pleas when they receive unfavorable plea deals from prosecutors. For example, the prosecutors might have offered a 10-year sentence for manslaughter DUI. The defendant may have decided to “roll the dice” and put themselves at the mercy of the judge and court. Sometimes, the circumstances of the court may encourage the court to pass more lenient sentences – and these penalties can potentially be more lenient than plea deals.

Can a DUI Lawyer in Fort Myers Help Me? 

A DUI lawyer in Fort Myers may be able to help you consider your various options when facing charges. An open plea is certainly a valid option, although you may be able to execute all kinds of different strategies based on your unique circumstances. You can discuss your circumstances in more detail during a consultation with The Foley & Wilson Law Firm. Contact us today to get started.

Sources:

floridabar.org/the-florida-bar-news/debating-the-pros-and-cons-of-plea-bargaining/

news-press.com/story/news/crime/2025/03/06/fort-myers-man-sentenced-in-dui-crash-that-killed-construction-worker/81636739007/