Polk County DUI Attorney Blog

A central woman went back into Court on a motion for representation against the State. The defendant, 27-year old Tiffany Ann Davis, is facing a maximum sentence of 50 years in prison for four felony accounts of DUI manslaughter. Davis had originally been arrested in March for a misdemeanor case when the State amended the charges up to four felony charges, including DUI manslaughter.

The central Florida police accused the driver of crossing into oncoming traffic and slamming into a pickup truck. Toxicology reports acknowledged that Davis had several medications in her system, including marijuana, cocaine and oxycodone. The defendant claims that the drugs in her system were miniscule.

This Polk County felony criminal case has now turned into a civil matter. The defendant is suing the alleged victim for monetary damages because she claims it actually was the victim who crossed into her lane and is liable for the crash. The alleged victim left the country the day following the accident and returned to the U.K.

The judge reserved ruling on the defense's motion. The criminal case has been set for trial in January of 2010, but may be pushed back for preparation. The defense is expected to call additional experts for testimony on the toxicology report.

A driver has been arrested for a Polk County DUI after he allegedly causing a traffic crash while texting. The defendant, 26-year old Stephen Wade Horne, is accused of texting on his cell phone when he crashed into a stopped garbage truck. A trash collector employee, 20-year old Emmanuel Mejia, fell victim to the accident and was pinned between the vehicles. Mejia ended up losing both of his legs from injury.

The accident occurred in August, but the Polk County Sheriff's Department arrested Horne on Monday on Polk County reckless driving causing serious bodily injury charges. Horne has not posted the $15,000 bond required and remains inside the Polk County Jail. If convicted, the defendant faces a maximum sentence of five years in State prison.

Florida Statute 316.192 defines the crime of reckless driving causing serious bodily injury as driving with the willful disregard for the safety of others that ultimately results in serious bodily injury to another. Serious bodily injury is where the victim risked possible death, suffered serious disfigurement, permanent loss and or impairment of a bodily member or organ. The State of Florida considers this crime a third degree felony. Often times the circumstances surrounding the crime allow this charge is added to a Polk County DUI case.

Last week more than 4,000 Polk County residents lost power for over 16 hours after a suspected drunk driver collided with a main electrical transmission pole. The accident occurred around 4:15 a.m. Old Polk City Road in Polk County. Officers arrested the driver of a 2005 Honda sedan, 28-year old Luke Huber, for DUI.

Huber only suffered minor injuries as a result of the alcohol related crash, but Lakeland Electric had a major power outage to deal with. Huber damaged the internal transmission poles and circuits of a transformer. Electrical repairs are estimated between $30,000 and $40,000. A spokesperson for Lakeland Electric has stated they plan on seeking reimbursement from Huber's insurance company. Crews finally restored power around 8:40 p.m. that evening.

Florida law considers a first time DUI without bodily injury or property damage a misdemeanor offense. However, the ramifications of a DUI conviction are very serious. A first time convicted offender can expect to receive no more than 6 months behind bars, no more than a $500 fine and up to 1 year of court monitored probation. Penalties are increased if an offender possesses a blood alcohol content of .15 or higher at the time of the arrest.