Polk County DUI Attorney Blog

Polk County drivers are pulled over for DUI on a frequent basis, but few people realize that in certain narrow circumstances there Polk County DUI lawyer may be able to assert a defense based on necessity.  A necessity defense is based on extremely compelling circumstance that requires one to drive to avoid a more serious harm.  In some circumstances, this defense may be available when a defendant faces pending DUI charges.

The most common example of a necessity defense would include a medical emergency in which a driver needs to drive oneself or someone else to a hospital for medical treatment.  Under Florida law, the defense of necessity is based on the following elements that an experienced DUI lawyer might use in a case where a driver is charged for DUI:

• The driver reasonably believed it was necessary to drive while intoxicated to avoid an    imminent threat of serious bodily injury or death;
• The driver did not act recklessly or intentionally in creating the circumstances which required him to drive while intoxicated;
• No other adequate means existed to avoid the serious harm;
• The harm that the driver avoided by driving while intoxicated is worse than the harm of DUI;
• The defendant ceased driving while under the influence as soon as the apparent necessity ended.

"While this is a narrow defense, it may theoretically be available to a driver accused of DUI depending on the circumstances," said experienced Polk County DUI Attorney John Musca.  "This is a defense that is difficult to assert in a criminal case and fairly novel in a DUI case so only an experienced DUI lawyer should assert this type of defense," Musca said. 

No Florida appellate court has definitively ruled on the issue of whether a defendant may assert a necessity defense in a DUI case.  Courts have split on the issue of whether to permit a necessity defense in a Florida DUI case.  At least one appellate court decision has reversed a lower court ruling refusing to permit a necessity defense in a DUI case.  Several other states have permitted a DUI defense to necessity and an experienced DUI lawyer in Polk County and elsewhere in Florida may be able to assert such a defense under the appropriate circumstances.

Contact a knowledgeable Polk County drunk driving defense attorney to work for you.  Musca Law Firm has handled countless alcohol related cases in Polk County and throughout the State of Florida. Our firm has over 100 years of combined experience and we understand the complexities of the justice system.  Experience does make a difference with the outcome inside the courtroom.  Contact Musca Law for a consultation and an in depth review of the charges against you.

A man was arrested and charged with DUI manslaughter in connection with an auto accident involving a pedestrian in December.  Chandrashekar Singh has been charged with DUI manslaughter in the death of William C. Morrison.  The Sheriff's Office received a call regarding a vehicle-pedestrian accident that occurred in the parking lot of a Davenport business.

When deputies arrived, a green 2000 Honda Civic was parked in front of a business on Posner Boulevard, which was occupied solely by Singh, according to Sheriff's Office reports.  Singh hit and struck Morrison who was standing near the passenger side of the car as he pulled out of a parking spot at a restaurant where they had been dining together.  The vehicle struck Morrison who fell backwards hitting his head on the pavement and suffered serious injuries.  Morrison died at the scene despite attempts to revive him.

When officers arrived at the scene Singh was sitting in his car parked in the parking lot of the restaurant where he and Morrison had been dining.  Deputies recently arrested Singh after receiving blood test results from the Florida Department of Law Enforcement lab indicating Singh's blood alcohol level was .191, more than twice the legal limit.

Singh was arrested Friday at his residence for DUI manslaughter and was taken to Polk County jail.  Singh is being held under no bond.  "When someone is charged with DUI where there is a fatality, the potential consequences are enormous including state prison," said Polk County DUI lawyer John Musca.  "This is an unfortunate tragedy where two people who apparently knew and liked each other make a terrible mistake which turns out to be fatal for one of them."

Musca Law provides the highest quality criminal litigation services to the residents of Polk County and the surrounding areas.  Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases in both state and federal courts throughout Florida. These cases include, but are not limited to, felony cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white-collar crimes, violent crimes, and motor vehicle offenses. 

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 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.

 

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