Polk County DUI Attorney Musca Comments on Polk County Deputy's DUI Probation Sentence

April 16, 2010
By Musca Law on April 16, 2010 12:53 PM |

Polk County Sheriff's deputy James Pruitt was sentenced to serve 12 months of probation after he pleaded no contest to reckless driving with alcohol as a factor.  Pruitt also was sentenced to 50 hours of community service as well as being assessed $476 in fines and court costs.  Pruitt continues to remain on unpaid suspension until the results of an internal investigation are made available.  Polk County Judge Reinald Ojeda decided to withhold adjudication.  This basically means there is no formal finding of guilt.

Pruitt was originally arrested for DUI on New Year's Eve after he was discovered asleep at the wheel of his black 1997 Jeep in front of the Pier Place subdivision on County Road 540A.  Pruitt's vehicle was running, but he as asleep in the car.  When police attempted to wake him by repeatedly pounding on the window and door to the vehicle, Pruitt did not respond.  Pruitt was taken into custody after he failed the field sobriety tests that were administered.  He also refused to submit to a breathalyzer test to determine his blood alcohol concentration (BAC).


This case demonstrates serious consequences beyond sentencing that can result from a DUI case according to Polk County DUI attorney John Musca.  Although the sheriff's deputy's sentence was reduced, the sheriff faces the real chance that his career may be over.  The alcohol related reckless driving conviction could cost the deputy his chosen career field.  The deputy also will likely lose his driving privileges.  While a driver can refuse a breath or blood test in Florida, the refusal can have a significant impact on one's driving privileges because of Florida's implied consent law. 

Under the implied consent law, driving is considered a privilege.  Thus, a driver is deemed to consent to a breath or blood test as part of the privilege of driving.  A driver who is suspected of DUI and fails to consent to a chemical test, such as, blood, breath or urine can have their license suspended, usually for six months to a year.  This case is also a good example of why having an experienced DUI attorney is important if you are accused of a Polk County DUI.  An experienced Polk County DUI attorney will frequently try to get a DUI charge reduced to a "wet reckless," said Musca.  A "wet reckless" basically means that alcohol was involved but the driver was not DUI explained Musca.

Musca Law Firm had over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Polk County DUI  team will aggressively defend your rights on the State and Federal level.  The prosecution is looking to punish you to the fullest extent of the law.  You need a knowledgeable attorney that will watch out for you.  Contact Musca Law for a free, comprehensive review of your case.