Drunk Driving

Published on: January 14, 2016

Alcohol-Related Accidents on Florida Roads

It should not come as a surprise to anyone that driving while under the influence of drugs or alcohol is dangerous. In fact, it is so dangerous that all 50 states have agreed to make it illegal to operate a vehicle while under the effects of drugs or alcohol. Not only is drunk driving illegal under the the criminal statutes of Florida, but also it can also give rise to civil liability in certain situations in which a drunk driver causes an injury to another motorist, passenger, or pedestrian.

In Florida, a driver is per se “drunk” if they have a blood-alcohol content of .08 or greater. However, even if a driver’s blood-alcohol content is below that amount, they may still be in violation of the State’s ban on intoxicated driving if they have any quantity of alcohol in their system such that their “normal facilities are impaired.” This means that a driver can be considered under the influence even if they do not have a blood-alcohol content of .08 or greater. This same analysis applies to the use of prescription drugs. If a driver is impaired by the use of a prescription drug, they may still be found to have been intoxicated under the law.

This is important for those who have been injured by a driver whom they suspect was under the influence of drugs or alcohol. The negligence laws of Florida allow for injured accident victims to seek compensation from those who are responsible for their injuries. However, before an injured party is entitled to compensation, that party must first prove that the other driver was negligent in the operation of their vehicle. One way to do this is to show that they were legally “drunk” or otherwise intoxicated at the time of the accident, and that their intoxication caused the accident.

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Published on: December 15, 2015

Driving Under the Influence Can Result in More Than Just Criminal Consequences

By Cecere Santana, PA

Anyone who has successfully completed a driver’s education course knows that driving while under the influence of drugs or alcohol is against the law and can result in the intoxicated driver facing criminal consequences. However, the drunk driver may also face additional liability through a civil lawsuit brought by anyone who was injured as a result of the driver’s decision to get behind the wheel while intoxicated. This may include other motorists or pedestrians on the road, and it may include passengers in the drunk driver’s vehicle as well.

Drunk Driving Liability in Florida Courts

As noted above, drunk drivers can face criminal as well as civil liability. Criminal liability is what most people are familiar with when it comes to the penalties of drunk driving. This can include punishments like jail time, fines, and probation. However, the civil liability that can arise after a drunk driving accident can be equally significant, especially when serious personal injury results.

Drunk driving accident victims who sustain serious bodily injury can bring a lawsuit against the drunk driver, seeking monetary compensation for their past medical expenses and future medical needs, as well as for non-economic damages such as pain and suffering. These verdicts can be substantial in cases in which long-term injuries occur that will require treatment throughout an accident victim’s life.

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Published on: November 7, 2015

Fatal Halloween Accident Claims One Miami-Dade Man’s Life, Alcohol May Be a Factor

By Cecere Santana, PA

Earlier this month, on the day after Halloween, one man was killed when he was involved in an accident with another vehicle on the 5000 block of N.W. 32nd Avenue. According to a news report by the local CBS affiliate, the accident occurred in the early morning hours of November 1, just hours after most had finished celebrating the Halloween holiday.

Evidently, a Chevy Camaro was traveling at a high rate of speed when the driver lost control of his vehicle. The Camaro crossed the center line and ended up facing oncoming traffic, where it was struck by a Dodge Charger. The impact from the collision caused the driver of the Camaro to be ejected from the vehicle.

One witness on the scene, still in a Halloween costume, told reporters that he didn’t realize there was a body at first, likely because it had been ejected from the vehicle. The witness attempted to perform CPR, but it was too late. The driver of the Camaro was pronounced dead at the scene once emergency crews arrived. The passengers in the Camaro, as well as the driver of the Charger, were all admitted to the hospital for the treatment of their injuries.

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Published on: October 11, 2015

Miami Dade Commissioner Arrested for DUI; Pleads Not Guilty

By Cecere Santana, PA

Earlier this month, Miami Dade Commissioner Jose “Pepe” Diaz pleaded not guilty to allegations that he was operating his motorcycle while intoxicated. According to one local news source, the Commissioner was driving his Harley Davidson motorcycle on Roosevelt Boulevard at approximately 74 miles per hour. The speed limit on this section of Roosevelt Boulevard is 35 miles per hour.

Evidently, when officers pulled the Commissioner over, the officers had dash-cams and body-cams recording their entire interaction. It shows the unsteady Commissioner introducing himself as “Commissioner Diaz from Miami Dade County.” He also name-dropped by mentioning that Monroe County Sheriff Rick Ramsay knows his name.

The Commissioner declined the officers’ request that he take a blood-alcohol test, and regardless of how the case ultimately is decided, he will be required to forfeit his license for one year based on that refusal. The Commissioner’s attorney told reporters that he hopes that his client will be able to take advantage of some kind of diversionary program that may allow him to escape having a conviction on his record.

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Published on: July 21, 2015

Florida Residents Convicted of DUI Manslaughter See Widely Varying Sentences, Accident Victims’ Families Have Effect

By Cecere Santana, PA

Earlier this year, a 20-year-old woman was convicted of DUI manslaughter after killing two teens. Shortly before the fatal accident, the woman tweeted “2 drunk 2 care” to her boyfriend. The judge hearing the case sentenced her to 24 years in prison, in part due to the callousness of her behavior. However, according to one local Florida news source, sentences handed down for DUI manslaughter are not often this severe, and they vary widely depending on a number of circumstances.

Another example mentioned in the article presents the other end of the spectrum. A single mother of two who suffered a history of domestic violence was sentenced to just four years in jail after she hit and killed a pedestrian while she was out on bail for a DUI manslaughter charge. To make matters worse, she allegedly fled the scene of the second accident before getting caught. However, the judge was swayed by the equities in the case and was lenient on the woman.

One final example was of a professional NFL player who hit and killed a pedestrian in a drunk driving accident. The pedestrian was not in the crosswalk at the time of the accident, which created some uncertainty as to whether the driver would ultimately be convicted. The NFL player was convicted but sentenced to just 30 days in jail and a lengthy period of probation. It later came out that the accident victim’s family was in favor of the deal and had received an undisclosed settlement from the drunk driver.

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Published on: June 29, 2015

Maserati Involved in an Alleged Drunk Driving Accident in Coral Springs

By Cecere Santana, PA

Last week in Coral Springs, one Plantation man was arrested after he ran into several cars, allegedly while under the influence of alcohol. According to one local news report, the accident occurred late on Sunday night at the 1600 block of NW 102 Way.

Evidently, one of the man’s relatives attempted to stop him from getting behind the wheel that night, but the driver insisted. Not long after he drove off in his Maserati, he ended up crashing into two parked cars that were in a driveway. Ultimately, the man’s vehicle came to rest with one of the cars partially resting atop his Maserati. The other vehicle he hit was pushed into a nearby utility pole.

Thankfully, no one was in either car, and the driver sustained only minor cuts and bruises. He declined medical treatment and also refused a blood test. However, during a hospital interview, he admitted to drinking two beers and taking one shot of vodka in the minutes preceding the accident. He also told officers that he thought he hit a mailbox, but he doesn’t remember hitting any cars.

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Published on: February 27, 2015

“2 Drunk 2 Care” Miami Driver Pleads Guilty to DUI Manslaughter

By Cecere Santana, PA

Earlier last year, 21-year-old Floridian Kayla Mendoza was involved in a fatal head-on collision that took the lives of two young girls. The accident, which occurred on the Sawgrass Expressway, was caused when Mendoza went the wrong way down the Expressway. According to a local news report, the driver had tweeted “2 drunk 2 care” earlier that night a few minutes before the fatal crash.

Mendoza, who was just 20 years old at the time, has recently pleaded guilty to the offense of DUI manslaughter. The evidence presented showed that Mendoza had consumed two fishbowl-sized margaritas at the bar prior to getting behind the wheel.

Regarding the infamous tweet, her fiancé claimed that it was in response to him giving her a hard time about not coming home after work. However, that certainly would have been up for interpretation by the jury.

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Published on: February 6, 2015

Miami-Dade School Teacher Arrested for DUI in Florida Keys

By Cecere Santana, PA

Earlier this month in the Keys, an elementary school teacher was pulled over and cited for driving under the influence. According to a report from the Miami Herald, the woman—who teaches at Florida City Elementary School—was heading southbound on U.S. 1 around 1:45 in the morning when she was pulled over.

Evidently, the woman was traveling in her 1995 Red Toyota Camry when an on-duty officer noticed that she came close to crashing into about five cars. The officer told police that if she wasn’t stopped she was “going to kill somebody.” The officer began tracking the woman at mile-marker 81 and pulled her over two miles later at mile-marker 79 when he again noticed her weaving in and out of the center lane of traffic.

When the officer pulled the teacher over, he administered a series of field sobriety tests, which the woman failed. He then arrested her and brought her to the station, where her breath-alcohol level was .221, over twice the legal limit in Florida. The teacher has since posted bail and was released pending the outcome of her case.

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