Elderly Driver Nearly Hits Officer with Town Car; Charged with DUI


The Charges

A town car nearly struck a Police Officer assisting on a traffic stop. The Officer followed the driver and pulled her over after witnessing her weave in and out of traffic. During questioning, the 70-year-old driver admitted to drinking wine with lunch and acted confused as to her whereabouts. The elderly driver refused to participate in Field Sobriety Testing and was arrested. The elderly suspect wet herself in the police cruiser and refused to submit to a Breathalyzer test while at the jail. Police charged the Defendant with driving under the influence (DUI) and refusing to submit to a Breathalyzer test.

Driving Under the Influence 

Driving under the influence in Florida, also known as a DUI, has many penalties for a first-time offender. Anyone who has a blood content alcohol level of .08% or higher will be charged with a DUI. Your driver’s license will be suspended for at least six months when your BAC (Blood Alcohol Content) registers at that amount or higher. 

And then there is jail time or probation time as well. Six months of jail time is standard for a .08% or higher blood alcohol level. However, if you have .15% or higher, you will receive nine months. This amount of time will also be given if you have a passenger with you that is under the age of 18. For those that have injured someone or done property damage, one year can be served. If there was serious bodily injury, five years can be given. Probation is required to be given by those that have a first offense for a DUI. However, jail time and probation time cannot exceed one year. 

Fines for a standard DUI will range from $500 to $1,000. However, if you have a passenger under 18 or your BAC is .15% or higher, these fines double.  

All first-time offenders will be required to complete 50 hours of community service. Your car will also be impounded for ten days. 

Obtaining Legal Services 

If you have been charged with Driving Under the Influence or you have refused to submit a Breathalyzer test, it is wise to hire an attorney that can adequately assist you in court. Musca Law Firm can represent you. We serve all of Florida with offices in various cities across the state.  

Our firm offers a free initial consultation. We have successfully handled many DUI cases, the majority of which we were able to have the charges lowered or completely dropped. Our defense will be strong and we will expose the weaknesses in the prosecution’s case.  

Call us today at (888) 484-5057 to reach us 24 hours a day, 7 days a week.  

RESULT: The Defendant hired Musca Law Firm to fight the charges against her. The Defense Attorney filed a Motion to Consolidate both charges against the Client and prepared for trial. The Court ruled in favor of the Defense dismissing the DUI charge and the Client entered a plea to a lesser charge. The Client is now eligible to have her records sealed!