Police arrested a man on DUI charges, saying he ran a stop sign to trigger a series of events that left Jacksonville Beach streets flooded and several people and businesses without water service. A driver told police he was headed north on 1st Street when another car ran a stop sign and crashed into him, sending his car into a fire hydrant, according to a report in the Florida Times-Union. The fire hydrant burst and the water that rushed out flooded many nearby roads, the newspaper reported. Meanwhile, the driver who ran the stop sign is accused of getting out of his car and running away, the newspaper reported. He eventually stopped on the beach when confronted by police. The driver was charged with leaving the scene of an accident and a DUI causing property damage. Both charges are misdemeanors - leaving the scene a second-degree with a maximum sentence of six months in jail, and this type of DUI charge a first-degree misdemeanor that carries up to one year in the county jail.
This Jacksonville DUI charge has a slightly increased penalty because there was property damage involved. Charges increase to felonies when people are seriously injured or even killed but, for the most part, Jacksonville DUI Cases are misdemeanors. Media reports on this Jacksonville DUI Case do not indicate how police came to the conclusion the driver was impaired. Most likely, police smelled an odor of alcoholic beverages on the man once he was caught by police. During the arrest, the man was likely asked to perform field sobriety exercises, which are tailored to determine whether or not the person is too impaired to be driving. Tests include walking in a straight line and turning around; stand on one leg and also with one's legs together to test balance; touching one's finger to his or her nose and reciting numbers or letters.
If the driver does not pass those tests, he or she is typically arrested on Jacksonville DUI Charges. From there, the driver is taken to jail and asked to take a breath test. In Florida, like most states, the legal limit is .08. Drivers can refuse to take the test - just like they can refuse field sobriety exercises - but there are immediate penalties that kick in. Those, however, can be worth taking because the field sobriety and blood alcohol results are often the best evidence the state would have in a Jacksonville DUI Case. This case may be a little different because of the crash and the fact the man ran away, but that does not prove that he was intoxicated at the time of the crash. There are many state rules and regulations governing how field sobriety and breath tests must be conducted. If they are not done properly, they cannot be used as evidence in a Jacksonville DUI Case. Our Jacksonville DUI Attorney knows the ins and outs of the laws governing traffic stops and testing in DUI cases and will review your case to provide you or your loved one with the best options going forward.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.