Polk County DUI Attorney Blog

Can a bar in Polk County or elsewhere in Florida be held responsible for contributing to the DUI Manslaughter death caused by one of its patrons?  A family is suing Applebee's after two patrons who had been drinking, raced away from the restaurant in their Volvo at nearly 100 miles per hour and rear-ended another vehicle killing the other driver.  The patrons fled the scene.

The state convinced one of the drunk drivers to testify against the other driver who was charged with DUI manslaughter with failure to render aid, vehicular manslaughter with failure to render aid, leaving the scene of an accident with death and aggravated fleeing and eluding police.  However, both patrons claimed the other was driving so the jury acquitted the defendant in the criminal case.

Following the acquittal, the family of the victim proceeded to sue Applebee's restaurant, claiming the restaurant was responsible for the victim's death because the patrons were served even though they were obviously intoxicated.  The family also claims restaurant staff watched the patrons continue drinking as they drove away.  The waitress who served the patrons did call the police when they left the restaurant.

Under Florida's "dram shop laws," a business is not responsible for the injuries caused by its intoxicated patrons.  There are two exceptions:  (1) the individual who was served alcohol is under 21 or (2) the person served is habitually addicted to the use of any and all alcoholic beverages.

The Applebee's case does not fit either exception.  However, the victim's family, who was frustrated that neither patron was convicted of DUI manslaughter, has argued that Applebee's should face civil liability because they continued to serve the patrons who were already obviously intoxicated.  Legal experts have speculated that the victim's family faces an uphill battle because a Florida court would have to make new law to hold Applebee's responsible for the tragedy.  "When it comes down to it, we can't physically stop somebody from getting in the car.  If that's the choice they're gonna make, that's their choice," said a Florida restaurant manager.

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A Windermere Reserve Officer driving a marked city of Windermere patrol car was stopped for suspicion of DUI in Winter Springs in Polk County.  The officer, a reserve still in training with the city of Windermere, was driving in her pajamas, when she was stopped by Winter Springs Police.  She was stopped after a Cpl. notified Winter Springs Police that she had been pounding on the door of another Windermere officer's home and appeared to be intoxicated.

The Winter Springs officers spotted her driving the Windermere patrol car and followed her on Winter Springs Boulevard, when she suddenly turned into the George Towne neighborhood.  When she was stopped, she told officers that "she turned into the area because she was afraid that a police officer was behind her, and she knew she had been drinking," according to the report.  When she was asked, she admitted, "I had three beers, and I know I should not have been driving."  She indicated that the officer whose door she had been pounding on was her boyfriend, but that their superiors did not know they were dating.

She passed a field sobriety test that did not require a breath test, the report states.  However, records show she used her arms for balance and missed putting the tip of her finger on the tip of her nose.  The Winter Springs Police Chief indicated that she was not arrested, but insisted she was not allowed to be above the law.  "There is no professional courtesy," he said.  After hearing that she had passed the field sobriety tests, he told police, "I can't believe she passed the exercises, she had been drinking since 9 o' clock last night," the report states.

The Windermere Police Chief indicated that she was suspended pending the outcome of an administrative investigation.  She told Winter Springs officers that "she would do anything if we would let her go.  She had reported that she could lose her [law enforcement] certification for this."   The Windermere Police Chief referred to statewide policies for police and municipal agencies that prohibit public employees from driving publicly owned vehicles after consuming any amount of alcohol.  He indicated that under the policies it did not matter "if it was one hour ago or 10 hours ago."

Continue reading "Windermere Officer in Pajamas Fails Sobriety Test When Stopped by Winter Springs Officers" »