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ORLANDO, Fla. -- An alleged drunk driver killed another driver. But, because of a judge's oversight, the driver may never go to jail.

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Orlando police say the driver had more than twice the legal limit of alcohol in his blood. The victim's mother is obviously very upset about this.

The Orlando Police report says the car the accused drunk was driving hit a tree last September, wrapped around it and the car crumbled on South Semoran, just north Hazeltine National Drive near the airport.

Also in the car was the driver's friend, 23-year-old Nicolas Cudnik. He was pinned in and eventually died.

The police report says, when 23-year-old Jacob Bohms crashed, his blood-alcohol concentration was .172, more than twice the legal limit. Bohms was ticketed for two violations, misdemeanor DUI and felony DUI manslaughter.

The misdemeanor DUI case was scheduled for county court in front of Judge Alan C. Todd on Monday. The accused drunk driver's attorney, Amanda Jacobson, says she assumed the DUI manslaughter charge had been dropped and helped her client plead no contest to the much less serious charge when there was no prosecutor in court.

The judge apparently did not notice the information in the case file indicating there had been a fatality and accepted the plea on the lesser charge. He sentenced Bohms to a $573 fine, one year's probation, DUI class and 50 hours community service.

When the judge became aware of the mistake, he tried to throw out the plea.

The DUI manslaughter case is under consideration by the State Attorney's Office. But, somehow, the lesser-included charge made its way through the courts and was scheduled for hearing.

The problem is, Judge Todd may not be able to legally throw out that plea and the accused drunk driver may never face prosecution for Nicolas Cudnik's death.