Tampa DUI Lawyer Blog

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A Largo Police Officer has been arrested and charged with DUI. Arresting officers found the defendant, 45-year old Darren G. Cockeram, passed out behind the wheel of his Dodge truck. A hit and run accident had earlier been reported matching the description of Cockeram's automobile. It was obvious that the truck had suffered body damage as the result of a crash. Largo Police suspect Cockeram's involvement.

Deputies on the scene located an unknown alcoholic substance and a glass of orange juice inside the truck. Officers stated that Cockeram had been so drunk that he fell off a guardrail in which he was sitting while awaiting on the investigation. Cockeram faces charges of driving under the influence. He has been released on $250 bond from the Pinellas County Jail. Florida Highway Patrol is investigating Cockeram's involvement with another hit and run on that evening, however, it occurred out of district. It is unknown what administrative action the Largo Police have taken pending the drunk driving investigation against the officer.

 

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Jason Lanning, 30, has been arrested for driving under the influence, the Tampa DUI lawyers at Musca Law have learned. Lanning is known locally as a reporter on Bay News 9. According to law enforcement officials in the Tampa area, Lanning was allegedly driving north on Dale Mabry Highway on Wednesday night when he rear-ended a truck. Lanning allegedly drove off of the road and kept going for several blocks, even hitting road signs along the street. He apparently tried to drive away from the scene of the accident, but Greg Bentley, who was driving the truck that was rear-ended, blocked Lanning's escape.

Police examined Lanning upon arriving at the scene of the accident. Law enforcement officers said that Lanning smelled of alcohol and had red, glassy eyes. His breath test readings were 0.047 and 0.044, although the relatively low levels did not prevent his arrest. Police also administered roadside tests to evaluate his level of sobriety prior to placing him under arrest for DUI.

Lanning's case demonstrates that a driver can be impaired even if his BAC is lower than 0.08 percent, says Tampa DUI attorney John Musca. Many members of the public mistakenly believe that a motorist can only be arrested and convicted of DUI/DWI if he has a BAC of 0.08 percent or higher. Although that can result in a conviction under the Florida "per se" law (see Florida Statute 316.193), a driver can also be convicted of driving under the influence even if his BAC is lower, if he is actually impaired. Impairment can be established with other factors, such as performance in roadside field sobriety tests. Additionally, blood or urine tests, or even just observation, could lead the police to believe that a driver is under the influence of drugs in addition to or instead of alcohol.

A Bay News 9 report:

The original article is available here.

The Florida Legislature takes drunk driving very seriously. Over the years, it has increased penalties for driving under the influence of alcohol or drugs (and made the definition of what constitutes the crime stricter. For a first-time DUI conviction, the defendant, if convicted, cannot be imprisoned for more than six months pursuant to the DUI statute (Florida Statute 316.193). If a motorist is convicted of DUI a second time, imprisonment cannot exceed nine months. Additionally, a driver who is convicted of two DUIs must have an ignition interlock device placed on his vehicle for at least one year after his driver's license is reinstated. This occurs on vehicles which the driver owns, even if jointly, leases, or regularly operates.

A third conviction within a ten year period is charged as a third-degree felony, which is punishable by up to five years in prison. If the third DUI conviction occurs outside of the ten year time frame, it is punishable by no more than 12 months in jail. The fourth conviction or beyond is a third-degree felony, which can result in a prison term of up to five years.

After a DUI arrest, the license of the driver is suspended, a decision which is appealable to the Florida Department of Highway Safety and Motor Vehicles within 10 days from the suspension. This is an administrative rather than a criminal matter. In order to retain or reinstate the license, the driver must request a formal administrative hearing.

The maximum jail and prison sentences are not typically imposed, but any person who has been arrested for driving under the influence - whether for a first-time or subsequent offense, even if the first offense occurred in a different area or another state - should seek the advice of an attorney. The experienced Tampa DUI lawyers at Musca Law have decades of experience defending drunk driving charges.

If a police officer has reason to believe that driver may be intoxicated, he will often administer a breath alcohol test on the spot, take the subject back to the police station for a breathalyzer test, or perhaps even both. In the event that the law enforcement official finds that the person has very little or even no alcohol in his system, he may require blood or urine samples.

Marijuana is probably the only illegal substance for which there is no relatively widespread consensus on impairment. Although it has been studied at length, experts differ in their opinions. Cannabis has effects on the body as well as the mind. During the high, the user may feel relaxed, paranoid, and enter an altered state of consciousness in which he expresses an increased appreciation for - or even fixation upon - colors and sounds, such as music. It can also cause a person's eyes to redden and the heart rate to increase. Perhaps most problematically, motor control can be impaired, as are reflexes and a person's ability to pay attention or focus. Still, many people argue that marijuana does not necessarily adversely affect a person's ability to drive a motor vehicle. At least one study has found that drivers who have used marijuana drive more cautiously, slower, and react less quickly than drivers who have not consumed marijuana.

Complicating matters further is the fact that traces of marijuana usage can stay in a person's urine for as long as a month after smoking or consuming the substance. Therefore, if a law enforcement agency tests a driver who is suspected of driving under the influence, it is complicated if marijuana traces are found in the suspect's urine - alone or in conjunction with alcohol or any other substance.

If you have been arrested for possession of marijuana or DUI/DWI, contact the Tampa DUI attorneys as soon as possible to discuss your case.

A night out on the town ended up causing trouble for one local woman. Although Gilmara Barreras, 26, and her friend designated a sober driving for their escapades, the Barreras still found herself in trouble with law enforcement in Tampa in the early hours of Thursday morning. Barreras was out at local bars with acquaintances.

Barreras and her friend were removed from the premises of the Pickled Parrot by the management at about 1:30 in the morning due to their disorderly behavior. A manager from the establishment notified a nearby deputy of the situation. When the deputy inquired as to the problem, neither would explain the situation, and Barreras became hostile.

As the deputy tried to make a report, Barreras dialed 911 and yelled at the deputy that she wanted him to take a report of the incident. He told her that he was doing so and asked her to get off the phone. She dialed 911 again as the deputy gave her a number and explained to her how to use it in order to receive a copy of his report at the Sheriff's office. Again, Barreras called the 911 emergency number to insist to the operators that an officer take a report of the incident at the bar. At that point, the deputy escorted the pair into a vehicle with a designated driver. While in the car, Barreras called 911 two more times, for a total of five 911 calls. After the fifth, deputies were dispatched to her home, where she was arrested for making false 911 calls. The charge is a misdemeanor and is usually employed only when a person egregiously or continuously violates the emergencies-only nature of the system.

The lesson: use alcohol responsibly. In addition to the possibility of DUI/DWI, reckless driving, and other criminal charges, crimes such as public intoxication and disorderly intoxication can also happen after a partygoer has too much to drink. Many crimes, especially domestic violence, tend to happen frequently when one or more people are under the influence of alcohol.

More information is available here.