Spring Hill Man Arrested for Felony Driving Under the Influence

April 2, 2009
By Musca Law on April 2, 2009 9:16 PM |
A law enforcement officer was sitting in his patrol car at the intersection of Upton Street and Woodbine Street at about 1:00 in the morning on Friday. He heard screeching tires and saw a car attempting to turn southeast onto Upton Street. The driver lost control of the vehicle, swerving into the patrol car as the deputy watched the vehicle in his rearview mirror.

The deputy was uninjured in the accident and got out of the vehicle to evaluate the condition of the other driver. Cory Mixon, 25, was operating the vehicle that hit the patrol car. The police report stated that the deputy found Mixon in an "extremely impaired" state and noted that the officer could detect the odor of alcohol on him. He detained Mixon while waiting for backup officers.

Law enforcement officers found that Mixon had an arrest warrant out. They placed him under arrest for that warrant, which was issued due to a previous charge of felony driving with a suspended license with knowledge of the suspension. Driving with a suspended license is an enhanceable offense, like driving under the influence. After two convictions for driving on a suspended license, each additional charge becomes a felony under Florida law.

As the officers were evaluating Mixon's condition to determine if the accident was caused by DUI, he reportedly began hitting his head against a window on the vehicle. As a result, officers wrapped up the investigation and took Mixon to jail to avoid further harm to the defendant or to law enforcement vehicles.

Ultimately, Mixon faced multiple charges, including felony driving with a suspended license with knowledge, refusing to submit to a breath alcohol test (breathalyzer), and felony driving under the influence. As an enhanceable offense, DUI is only charged as a felony when it is the third offense within a 10 year period or when it is the fourth or higher DUI charge in a person's lifetime.