Under Florida law, it is not necessary that the prosecutor present any evidence of bad driving in order to to seek a conviction for drunk driving. The State Attorney’s Office need only show under Florida Statute Section 316.193 that you operated a vehicle while under the influence of an alcoholic beverage, a chemical substance listed in Florida Statute Section 877.111 or any substance controlled under Chapter 893. Further, that the alcoholic beverage, chemical or controlled substance affected you to the extent that your normal faculties were impaired. Keep in mind that If you had a breath alcohol level of a .08 or above at the time you operated or were in actual physical control of the vehicle, it is presumed under Florida law that your normal faculties were impaired.
Being in the Wrong Place at the Wrong Time
Someone who has consumed alcohol could be exercising extreme caution in their efforts to safely drive home. Without violating any traffic infractions he normally could not be lawfully stopped by a police officer for suspicion of DUI. However, his vehicle could be struck by an impaired driver and they suddenly find himself also subject to field sobriety testing and arrest for DUI. In other words, he was simply in the wrong place, at the wrong time. As the links below reveal, it is not uncommon for both motorists involved in an auto accident to be arrested for DUI.
Both Drivers in April Dunedin Crash Arrested for DUI
Both Drivers in Head-On Collision Arrested for DUI
Both Drivers Arrested for DUI, Passenger Treated for Life Threatening Injuries
Both Drivers in Crash Arrested for DUI
First motorist struck pedestrian, Second Motorist Ran Over Body – Both Arrested for DUI Manslaughter
It can get much worse if someone dies as a result of the accident. In that situation, one or both drivers are likely to find themselves charged with the serious offense of DUI Manslaughter. That is because in Florida, it is not necessary to show that you “caused” the accident that led to the fatality. Only that in some way you “contributed” to the accident. Watch our video: Pinellas DUI Manslaughter Causation
Other Related Videos
St. Petersburg / Clearwater DUI Manslaughter Attorneys – Qualifications
Pinellas DUI Manslaughter Defense - Blood Evidence in Your Case
Preserving Exculpatory Evidence in Your Pinellas DUI Manslaughter Case
Factors That Can Reduce Your Risk for an Inadvertent DUI Arrest
With the availability of inexpensive Uber transportation, it makes no sense to consume alcohol and then get behind the wheel of a motor vehicle. Yet, a study by the American Journal of Epidemiology recently revealed by the Washington Post found no noticeable impact on the number of drunk driving fatalities in cities serviced by Uber. It is believed that those drinkers using Uber tended to be the same responsible individuals who previously called a taxi. Rather then shelling out money for a ride sharing service, other people leaving a bar choose to gamble that they won’t get caught by law enforcement. The stakes are high and it is clearly a “bad bet” when you consider the ramifications of going to jail and losing your driving privilege or life. However, let us not forget that when you drink alcohol, it is easy to exercise poor judgment and make bad choices. See: DUI Manslaughter... an “Unintended Crime” in Florida.
There are things you can do to reduce your risk:
- Stay off the road after midnight - The National Highway Traffic Safety Administration reports that 75% of fatal crashes involving alcohol occur between midnight and 3 AM;
- Stay off the road on the weekend - An alcohol related auto accident is more than twice as likely to occur on the weekend, as opposed to a week day;
- Avoid using your cell phone - Using your cell phone could jeopardize your ability to avoid an accident. “A Comparison of the Cell Phone Driver and the Drunk Driver.”
- Drive at a safe speed – Traveling at a slower speed could help you take evasive action to avoid becoming involved in a DUI related accident “Traffic Safety Facts: 2007 Traffic Safety Annual Assessment—Alcohol-Impaired Driving Fatalities.”
- Always Wear Your Seat Belt - Your failure to wear a seatbelt gives the police officer the right to pull you over and issue you a traffic ticket. If he smells alcohol on your breath, you can bet a roadside DUI investigation is going to commence.
- Get Advance Notice of DUI Checkpoints – When our office receives information of an upcoming Pinellas county DUI Checkpoint, we do a blast email informing our clients of the place, date and time. If you would like to get on our mailing list, simply call our office and provide one of our legal assistants with your email address. See: Pinellas Criminal Defense Attorney Says DUI Checkpoint Illegal – Court Agrees
If You Have Been Arrested for DUI We are Attorneys Who Can Help!
If you are arrested for a misdemeanor or felony criminal charge arising out of the St. Petersburg / Clearwater area, we are lawyers who can help.
If you believe there is an “outstanding Pinellas county warrant” for your arrest, we can discuss your possible remedies right over the phone.
The Law Offices of Russo Pelletier & Sullivan
Former State Prosecutors
9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702
Contact our office to discuss your options
(727) 578-0303
Free consultations
Visit Our St. Petersburg / Clearwater / Pinellas Criminal Defense Website: www.defensehelp.com
See our Prescription Drug Fraud Website: www.floridaprescriptionfraud.com
Take Advantage of a Website Dedicated to only Pinellas DUI Defense at: www.duistpetersburglawyer.com
Links:
Check Your Florida Drivers License Status
Driving on a Suspended License Charge in Pinellas County
How to Seal Your Record of Arrest in St. Petersburg / Clearwater / Pinellas
Finding the Best DUI Lawyer in Pinellas County
I bought a stop watch and timed the amber light at 34th St. and 38th Ave. We have 3 seconds from green to red. That's not enough time to watch the lights and oncoming traffic in order to make a left hand turn. I sat at Burger King for 30 minutes and witnessed 8 cars missing the mark. This is so unfair. The video of my red light ticket shows the amber light time as being 4.9 seconds. NOT!
Posted by: June Bryant | January 08, 2013 at 12:02 PM
Red light cameras often raise the accident rates and many examples are on our website. They need to be banned statewide.
Red light cameras are a revenue system, not a safety system.
James C. Walker, National Motorists Association
Posted by: James C. Walker | January 01, 2013 at 07:40 PM
I'm the lucky recipient of a UTC because my truck was photographed running a red light in South Pasadena at Pasadena Ave and Park St.
I chose not to pay when I received the initial "Notice of Violation" because I was outraged at the lack of due process. They provided convincing photos that my truck ran a red light but not a clue as to who was driving it.
Now that the UTC has arrived in the mail I have to decide whether it's worth the time and cost of fighting this. Is the Pinellas Court likely to fairly weigh my constitutional rights or would i just be tilting at windmills? The choices are to pay $264 or take a chance of doing better (or worse) in court; along with eating up more of my time.
Thanks,
Posted by: Lawrence Feldhusen | May 22, 2012 at 12:58 AM
Refreshingly new article. I must applaud your creativity dude…how can you ever think that something as common as this can do
Posted by: Driving Lights | April 06, 2012 at 12:27 AM
Wayne:
I would encourage you to write a letter to your elected representatives in the Florida Legislature as well as the St. Pete Times, and the City of South Pasadena. The Florida Legislature is responsible for passing the law which basically increases your exposure to points and a higher fine if you even attempt to take the case to court (a clear violation of due process if there ever was one). The City of South Pasadena was one of the first Pinellas cities to jump on the red light camera bandwagon and has been using it as a merciless money grab ever since. The St. Pete Times has been covering the increasing use of red light cameras since they went into effect, and the paper is generally quite fair about covering both the negative and positive reactions in the community to the use of these cameras. Thanks for your comments!
Posted by: Russo and Russo, P.A. | February 13, 2012 at 10:54 AM
Does anyone know where to send complaint letters on Red Light Program? I got a violation ticket in December of 2011 for running a red light at 10 AM on December 20th at South Pasadena and Park St by the South Pasadena Police Department says but the fine is $158. I missed the red light by a second after reviewing the video. You do not get many choices if you wanted to try to fight it. I was hoping for a warning but my only choices are you either pay the money or try to fight it but if you wait to fight it, your fine goes way up from what I was told almost doubled before you even go anywhere. I asked if you could do payment plans because I got laid off days after this ticket getting to my job so I am unemployed. They girl on the phone said there is only one payment option which is to pay the money. I tried to explain to the girl I do not have a ticket to my name, let alone drive barely 5 miles over speed limit and get jokes about it. I had to pay the fine using my tax money but I want to write a letter to voice my opinion on this Red Light Program.
Posted by: Wayne | February 12, 2012 at 01:43 PM