Polk County DUI Attorney Blog

Labor Day drivers should be aware. The City of Lakeland plans to step up patrols between now and September 7, 2009, as a part of the statewide crackdown against drunk drivers. Lakeland Police will be hosting a DUI checkpoint sometime over the Labor Day weekend. The date, place and time of this checkpoint have not been released for obvious reasons. In addition to the one time sobriety checkpoint, Lakeland Police will be out in full force looking for offending drivers.

Florida statistics reported 22,200 alcohol related accidents in the year of 2008, with 1,100 of those are fatalities. Officers have issued a statement of possessing a no tolerance policy over the upcoming holiday weekend. Second chances will not be given to any driver for any violation, whether a minor seatbelt infraction or driving under the influence charges.

Labor Day weekend is considered the deadliest driving holiday on our roadways. Last year 36 travelers were killed over the three day weekend. Out of those fatalities, 12 were alcohol related.

Florida has implemented the Ignition Interlock System for those convicted of driving under the influence. The Ignition Interlock System is a device installed on the steering wheel of an automobile. It requires the driver to submit a breath sample before the vehicle will start. After five minutes, the driver must submit another breath sample. If both samples are free of alcohol, the automobile will then start. The driver is then required to submit another breath sample for every thirty minutes of drive time.

Not every DUI offender is ordered to install this device on their vehicle. Each case is different ranging from the severity of the case to the number of the offender's prior convictions. The Ignition Interlock System could be installed for up to six months time for first time offenders or a minimum of two years for those with three DUI convictions.

The State of Florida is taking part in a special operation to keep drunk drivers off of the road over the Labor Day holiday weekend. The Over the Limit, Under Arrest is planned for police agencies across the country. The Osceola Sherriff's Office plans to participate in this nationwide campaign.

The residents of Polk County, Osceola County and surrounding areas can expect officers out in full force over the three day weekend. Deputies will be stepping up patrols during the hours of 7:00 p.m. and 3:00 a.m. The Osceola Sheriff's Department had participated in similar missions on July 31 and August 14 of this year. Both nights yielded a total of 103 citations and 6 arrests.

The Over the Limit, Under Arrest campaign is designed to promote community awareness and drunken driving prevention. Under Florida Law, an individual is considered impaired to drive with blood alcohol content of .08 or above. The amount of alcohol needed to influence impairment depends on a number of factors; including the drinker's size, sex, and food and sleep intake. Drunk driving is the cause of death in 41% of all traffic accidents. However, the devastating effect of a drunk driving conviction stems further than just the embarrassing experience of an arrest.

Polk County is considered a central Florida location and has several colleges and universities in the area to boot. The fall season is upon us and students are heading into the classroom. Experiencing the high school and college lifestyle is an important rite of passage for young people. However, with all of the changes and excitement that young life brings, so does the opportunity for poor choices.

Underage drinking is on the rise for young people. In the State of Florida, the legal age for alcohol consumption is 21 years old. However, Florida statistics for underage drinkers is the twelfth highest in the nation. In 2005, reports show that Florida possessed 647,000 drinkers who were not of legal age.

The rise in underage drinking can also be related to additional socioeconomic problems, such as pregnancy, violence, drug use and criminal behavior. Minors who consume alcohol between the ages of 12-20 years old are two and half times more likely to develop an alcohol dependency later in life. Around 10% of the admissions to Florida substance rehabilitation clinics are under the legal age.

Charges against 54 accused drunk drivers have been dropped by the State Attorney of Polk County. Facts became public about a deputy serving on the DUI Enforcement Squad who allegedly cut corners on proper procedure for blood alcohol tests and officer report writing. The deputy, 27-year old Tex Thomas, has served the Polk County Sheriff's Office since February of 2008. He made 124 DUI arrests within the past year alone. Up until recently the sheriff's department considered him a model officer in all evaluations.

All this changed after an internal investigation documented that Thomas failed to follow officer protocol for alcohol testing and arrest reports. The investigation took place from October 2008 through July 2009 after statements from the officer in question emerged during a deposition. Thomas claimed that he used a template to cut and paste information from previous arrest reports into new document for new offenders. He also admitted that he did not follow the rules and wait the allotted 20 minutes of time before a suspect submitted a breath sample. Belching, vomiting or ingesting anything could provide a false reading and impact the validity of the test.

A jury sentenced a man to 25 years in prison for DUI manslaughter. The accused, 27-year old Luis Gonzales-Ines, was out on bond when he ran over a motorcyclist in Polk County. Gonzales-Ines had posted bond two months earlier and was awaiting trial for a DUI charge at the time of the crash.

The victim, 36-year old Gilberto Acevedo, spent the day riding his motorcycle with friends during the day of the accident. Witnesses testified they saw the Defendant's truck hit Acevedo's motorcycle from behind. The truck then dragged the motorcycle and the victim under it. Both vehicles burst into flames and Gonzales-Ines fled the scene on foot. A Polk County Sheriff's tracking dog located the defendant passed out in an orange grove. The victim leaves behind two small daughters who now reside with relatives in Puerto Rico.

A suspect has been finally arrested in connection to a February DUI manslaughter case. Chelsea, Massachusetts authorities found and arrested the 24-year old defendant, Jason Torres. Torres was the driver in a Polk County vehicular accident that killed two of his passengers. He submitted to a blood alcohol test at the time of the crash and it registered at .118. This reading is well over the Florida legal limit of .08. He posted bond and allegedly skipped town. The Lakeland man faced two counts of DUI manslaughter charges prior to fleeing the State of Florida.

Massachusetts State Police are holding Torres without bond. He is awaiting extradition back to Florida. Polk County Sheriff's office is ready for the defendant's return where he will stand trial for the two DUI manslaughter charges.

Lakeland Police have a new tool to stop drunk drivers. LPD will be patrolling in a 2009 Dodge Charger equipped with the "police package." This includes front and rear radar and a built in breathalyzer test. This new equipment allows officers to test suspects in out in the field versus the station. Wasted travel time will be reduced by 50%, making breath test results more accurate.

This new police ride is bad news for those driving under the influence. Previously, suspects had to be driven to the station to submit to blood alcohol testing. Precious minutes were wasted in travel time and allowed any alcohol in their system to be processed. This resulted in lower blood alcohol content readings and benefits the offender.

Florida's legal limit for blood alcohol content is .08. The number of drinks consumed to determine legal impairment depends on many factors: the size, age, gender, type of alcohol ingested, amount of rest and food the suspect had the day of the arrest. A first offense of driving under the influence is considered a misdemeanor in the State of Florida and is punishable by up to 60 days in jail.

School officials are often held to higher moral standard by the general public. The public sometimes fails to remember that school employees are people too; and they make mistakes like anyone else. A Wesley Chapel High School instructional assistant has learned this the hard way; she has been arrested for driving under the influence in Polk County.

Police responded to a traffic crash and found the Defendant, 53-year old Valeri Youmans, off balance, smelling of alcohol and possessing bloodshot/watery eyes. The police report stated that Youmans failed three separate field sobriety tests and submitted to a breathalyzer test. She blew 0.162 and 0.155, which is twice the Florida legal limit for alcohol consumption of .08. Police arrested her on charges of DUI. She is currently out of jail on bond and awaiting trial.