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.

After numerous dealings with the law, a Leesburg doctor may lose his hospital privileges while he awaits trial in jail without bond. Two local hospital administrators have stated that they plan on terminating the accused, 51-year old Dr. Akram Ismail, clinical practicing privileges at both Leesburg Regional Medical Center and The Villages Regional Hospital. Ismail practices internal medicine and gastroenterology in the central Florida area.

In 2004, the doctor faced DUI and reckless driving charges after allegedly getting behind the wheel while intoxicated. In 2005, Ismail served 90 days in jail for disrupting a flight headed to Orlando from New York. Alcohol may have also been involved at the time of his second arrest.

Law enforcement agencies in and around Polk County are stepping up their patrols in what is called Operation Full Force. This operation is focused on saturating deputy patrols looking for drunk drivers, sexual predators and juvenile offenders. With school back in session, Polk County law enforcement is trying to create a community check-up. Three weeks ago, a similar operation arrested 8 individuals with 2 drunk drivers.

Police agencies are also trying to send a message to parents that they need to be responsible for the well being of their children by educating them on the dangers of drunk driving. Traffic accidents are the number 1 killer of young people ages 15 to 20 years old. In 2005, 7460 youth drivers and passengers had been killed in a traffic related accident. Over 28% of those crashes involved alcohol.

The commonality of underage drinking is staggering. Within the past month, 28% of high school students reported that they have accepted a ride from a driver under the influence of alcohol, on at least one occasion. According to SADD, Students against Drunk Driving, statistics show that young people are less likely to use their seatbelts after drinking. Over 74% of the teens killed in car crashes in 2005 were not buckled in.

A Polk County court has sentenced a woman to ten years behind bars resulting from her involvement with a DUI crash in 2007. The State accused the defendant, 29-year old Jennifer Oatman, of making an illegal turn at a red light and crashing into another vehicle on September 14, 2007. Oatman tried to flee the scene, but the authorities caught up to her. She possessed a blood alcohol content of .186, over double the Florida legal limit for alcohol consumption of .08.

The victim and other driver involved in the crash, Tijuana Jordan, was in her final trimester of pregnancy. Doctors were forced to perform an emergency C-section of the baby after the accident. The baby, Isaiah, died within days of his traumatic birth. An autopsy determined the cause of death of baby Isaiah to be blunt force trauma from the accident.

A Polk County driver faces DUI manslaughter charges after hitting a member of a roadside construction crew in the wee hours of October 19, 2006. The driver of a white BMW, Elias Sota, lost control of his vehicle and slammed into a worksite installing traffic signals. Sota hit a young man, 18-year old Michael Gunter, while unpacking a trailer. He suffered from two broken legs and severe internal bleeding.

Gunter died months later as a result of his injuries. This week Sota will head to trial to face charges of DUI manslaughter, manslaughter by culpable negligence and two counts of DUI stemming from the 2006 crash. However, the defendant's blood alcohol content registered below the Florida legal limit of .08 at .051 and .055, at the time of arrest.

A Polk County resident has found his second chance in life. An admitted alcoholic and native of Winter Haven, 68-year old Eddie Lee, is running for Florida Kiwanis treasurer. A drinker for over 20 years, he never had problems with the law. That soon changed. Lee had been arrested and convicted of the crime of driving under the influence. A once prominent community figure had hit rock bottom.

Lee explained that he lost his license and faced criminal penalties for his DUI conviction. This difficult time in his life sent him into a self described downward spiral. He struggled with alcohol dependency and eventually became homeless for five years.

Lee is proud that he has moved past the days of drinking and criminal charges of DUI. He volunteers with several charities around the Polk County area and has most recently been nominated for the Florida Kiwanis Club treasurer.

Police charge a Zephyrhills driver with multiple alcohol related offenses after allegedly colliding with a police cruiser. The driver, 27-year old Alex Rodriguez, collided head on with Detective Brian Felts while he was on his way into work. Detective Felts chased Rodriguez's car on foot for over a quarter of a mile before the vehicle finally came to a stop.

An ambulance transported Rodriguez to Florida Hospital where he submitted to a breathalyzer test over three hours after the accident. The defendant blew 0.113, well above the legal limit of .08. Rodriguez now faces charges of DUI, knowingly driving on a suspended or revoked license, DUI causing damage to property and person and leaving the scene of an accident that caused injury. He has been denied bond and is currently awaiting trial within the Land O' Lakes Jail.

As a general rule it takes the human body around one hour to process one alcoholic beverage. Rodriguez submitted his breathalyzer test over three hours after the crash had taken place and his blood alcohol limit was still well over the legal limit of 0.08. There are many factors that contribute to the level of the blood alcohol content beyond alcohol consumption. Size, gender, the amount of sleep and food intake all impact a consumer's blood alcohol level.

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.

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.