Benjamin Henriquez, who drove under the influence and caused a fatal accident, has been convicted but will not serve additional prison time. The Court ruled that although Henriquez was impaired, he was not driving irresponsibly as defined by law. His sentence includes a 1,350 florin fine and a conditional six-month suspension of his driver’s license. However, due to time already served in detention, he will not have to pay the fine.
The victim, 21-year-old Luisa Torres, had just finished work and was riding home on a motorcycle with Lyendrick Kelly. Near the intersection of Adriaan Lacle Boulevard and L.G. Smith Boulevard, a car turned in front of them, leading to a fatal collision. The accident occurred in October of last year.
The Court’s decision came as a devastating blow to the grieving parents of the young woman.
A notable aspect of the case was the difference in conclusions between the judge and the Public Prosecutor. The Prosecutor had charged Henriquez, 27, with multiple offenses, including irresponsible driving. However, the judge found that this charge could not be proven.
The judge pointed out that the motorcyclist also contributed to the accident by traveling at an extremely high speed—137 km/h in a 50 km/h zone. This fact was a key reason Henriquez received a lighter sentence and avoided further prison time, contrasting sharply with sentences in similar fatal traffic cases in recent years.
Security camera footage presented during the trial showed Henriquez turning in front of the oncoming motorcycle. The footage confirmed the scooter’s high speed, significantly above the legal limit.
Although Henriquez was under the influence of alcohol, the Court determined that his behavior did not meet the legal standard for irresponsible driving. Instead, it concluded that alcohol impaired his attention, but combined with the excessive speed of the motorcycle, he could not accurately assess the situation. Ultimately, Henriquez was found guilty of driving under the influence and causing a fatal accident.
Since this was Henriquez’s first offense, the Court decided against the harsher penalties sought by the Prosecutor. Henriquez was fined 1,350 florins—equivalent to 27 days of detention—and received a conditional six-month suspension of his driver’s license with a two-year probation period. He retains his license for now, but if he commits a similar offense within two years, his license will be revoked for six months.
Having already spent 70 days in detention during the investigation, Henriquez’s time served was credited against his sentence, meaning he will not have to pay the fine and will have his car returned.
A civil claim for damages totaling 30,000 florins was rejected by the Court, which advised the victim’s family to pursue the matter in civil court instead.
It remains unclear whether the Public Prosecutor’s Office will appeal the decision, given that the final ruling differed significantly from their original request. The Prosecutor had sought a two-year prison sentence (with 10 months conditional), a two-year probation period, and a three-year driver’s license suspension.
