Ocala Injury Lawyers Blog
Late last week, the founder of the International Polo Club was found guilty in a fatal drunk-driving crash. A local news report explained that the defendant was found guilty in 2012 for the accident, but it was overturned after juror misconduct was discovered. The case was retried, and after four hours of jury deliberation the defendant was found guilty of vehicular homicide and DUI manslaughter.
Apparently, the defendant ran a stop sign while drunk and slammed into a 23-year-old recent college graduate. He left the scene of the crime and did not call 911 until approximately one hour later, at which point the victim had already passed.
His attorneys attempted to argue that the test that gauged his blood alcohol concentration was inaccurate and that his car may have malfunctioned. However, even after his retrial he was found guilty.
DUI in Florida
In Florida, the DUI law explains that a person is considered to be driving under the influence if he or she is driving or in physical control of a vehicle on Florida roads while he or she is under the influence of controlled substances, alcohol, or inhalants to the point where his or her normal faculties are impaired, or if his or her blood or breath alcohol concentration is .08 or over.
The impairment of a person’s faculties is judged by the degree to which his or her normal functions are impaired. Some factors that are considered are the individual’s ability to walk, talk, and drive. Thus, even if a person’s blood alcohol concentration is not more than .08, he or she can still be found liable for DUI.
Being in control of a vehicle does not necessarily mean actually driving a car. In Florida, the physical control prong of a DUI analysis takes into consideration many different factors. Some of these factors include whether the engine is on, how easily the individual could gain access to the car, the location of the car, and if the car was recently driven.
It is also important to note that Florida is considered an implied consent state. Implied consent is the theory that when an individual drives on Florida roads, he or she is giving consent to be tested for his or her blood alcohol concentration. Although individuals have the right to refuse these tests under the Constitution, the refusal comes with certain consequences.
Have You Been Injured Because of Another’s Driving Under the Influence?
When an individual has been injured because of another person’s negligence, it is important to contact an attorney to increase the chance for successful recovery. Although Florida has some statutory laws regarding DUI, it is still a complicated area of the law. There is a lot of investigation, analysis, and preparation that goes into bringing these types of claims. If you are successful, you could be entitled to injuries related to your past medical bills, future medical expenses, and other related costs. Contact one of our dedicated and diligent accident attorneys today at 352-387-8700 to set up your free initial consultation.
More Blog Posts:
Florida Helicopter Crash Results in $16 Million Verdict, Ocala Injury Lawyers Blog, published October 3, 2014.
Tampa City Truck Driver Kills Toddler in Accident, Ocala Injury Lawyers Blog, published September 12, 2014.