Driver Blows .241, over Three times the Legal Limit

License Reinstated!

The Charges

The Client was observed by Police driving the wrong way, swerving between lanes of traffic, and not wearing a seatbelt. A traffic stop was made when it was noticed by the Police that the Driver had glassy eyes, slurred speech, and smelled of alcohol. When asked to step out of the car, the Driver urinated on herself and had poor balance. Field sobriety tests were administered, on which she performed poorly. The breathalyzer test results were .234% and .241%, which were well over three times the legal limit.

An arrest was made where she was charged with DUI (Driving Under the Influence), careless driving, driving with the knowledge of a suspended license, and not wearing a seatbelt.

Not Wearing a Seatbelt Charge

It is a law for individuals to wear their seatbelts when they are in a moving vehicle. The driver of the car could be cited if they are not wearing a seatbelt but also if others in the car are not wearing their seatbelts. Those that need to buckle up include the driver, anyone in the front passenger seat, and those that are under the age of 18.

A seat belt can help save your life if they are worn correctly. They prevent you from being ejected in a crash and they keep you in place so that you do not collide with other passengers. If you have your seatbelt on, it will prevent you from hitting the steering wheel or the windshield as a result of a collision.  

Florida law allows some exceptions to the requirement to wear a seatbelt, including the following cases:

  • An employee of a newspaper delivery service that is out delivering papers
  • School buses that were purchased new before December 31, 2000
  • Operating farm equipment
  • Buses that are used for the transportation of persons for compensation
  • Trucks with a net weight of more than 26,000 pounds
  • A person that has a medical condition that has been certified by a doctor that prevents them from wearing a seatbelt (paperwork must always accompany the person.)

Careless Driving

Careless driving is defined as not driving a motor vehicle in a careful and cautious manner. There are times that careless driving is accidental, but even so, it is very dangerous and carries legal consequences.  

Examples of careless driving include speeding, falling asleep while at the wheel of the car, not using turn signals, illegal lane changes, using your cell phone/texting while driving, and not obeying traffic signs. 

Careless driving is a moving violation. Those that are cited for this offense will receive four points on their license and a fine up to $500. They will also be responsible for all court costs. 

Musca Law Firm

If you have been charged with any type of traffic violations, such as DUI or careless driving, it is in your best interest is to hire legal counsel. Musca Law Firm can represent you in times of litigation need. We serve the entire state of Florida with multiple offices in cities across the state for your convenience. With over 150 years of combined legal experience, our team of attorneys have the experience to fight for your rights and the confidence to negotiate with the prosecution. Please call us today at (888) 484-5057 for your free initial case consultation with one of our highly qualified defense attorneys. 

RESULTS: Both arresting officers failed to appear for the hearing. LICENSE REINSTATED!