Polk County DUI Attorney Blog

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.