On behalf of The Law Office of Gustavo E. Frances, P.A.
Central Florida authorities say they took a 44-year-old man into custody for allegedly driving while drunk in Palm Coast after they were notified of a wrong-way driver. The man reportedly had his 7-year-old grandson in the vehicle. The man was subsequently charged with child neglect and DUI.
According to a report from the Flagler County Sheriff’s Office, witnesses said that a driver almost hit a car in the parking lot of a McDonald’s. Then, witnesses say, the driver pulled onto the road and began to travel the wrong way. When police pulled the man over, they claim he smelled of alcohol and was slurring his words. They allegedly determined his blood alcohol concentration to be .342 percent, more than four times the legal .08 percent limit in Florida. However, the report did not state which method of testing authorities used to determine this. The officers detained the man and booked him into jail. After posting bond, they released him from custody.
People who are convicted of DUI for the first time might be ordered to pay up to $1,000 and spend up to six months in jail. Those convicted of DUI more than once may face harsher penalties. However, the lawyers for the accused persons may attempt to negotiate a plea deal. This means that the severity of the DUI penalties could possibly be reduced in exchange for the defendant pleading guilty to fewer or lesser charges. For example, this might include the accused agreeing to complete an alcohol abuse treatment program and community service rather than spend time in jail.
Alternatively, lawyers for the accused could challenge the results of chemical tests to convince a judge to rule the evidence inadmissible. Without this evidence, the charges may be dismissed entirely.
WESH Orlando, ‘Deputies: Man accused of driving drunk with child in car,” Catherine Mejia, July 30, 2014Source: Official Internet Site of the Florida Legislature, ‘Title XXIII. Chapter 316. Section 193. Driving under the influence; penalties.”
Click Orlando.com, “Man had .342 BAC while driving with grandson in car, police say”, Daniel Dahm, July 31, 2014