Browns Waive Lonnie Phelps After DUI Crash in Florida
The Cleveland Browns have elected to waive defensive end Lonnie Phelps after he crashed his vehicle into a restaurant here in Florida. Phelps has been charged with one misdemeanor count of DUI causing property damage according to the Monroe County Sheriff’s Office. According to arresting documents, Phelps allegedly crashed his SUV into the Red Shoe Island Bistro, a high-end restaurant in Florida. Police also say that Phelps did not cooperate with officers during the arrest, according to reports.
DUI causing property damage in Florida
Florida Statute Section 316.193.3C1 provides enhanced penalties for any individual who causes or contributes to property damages while operating their vehicle under the influence of drugs or alcohol. DUI causing property damage or non-serious personal injury is regarded as a first-degree misdemeanor which is punishable by up to a year in jail. In cases where someone is seriously injured as a result of a DUI crash, it can be charged as a third-degree felony.
Under Florida Statute Section 316.193, any person who drives while under the influence of alcohol or any controlled substance to the extent that their normal faculties are impaired, or who has a BAC of .08 or higher, and causes or contributes to causing damage to the property or person of another individual, commits a misdemeanor in the first-degree. This is a more serious charge than simple DUI which is considered a misdemeanor in the second-degree.
Defenses to DUI causing property damage in Florida
Often, police officers arrive at the scene after the accident has occurred. The individuals involved in the accident have all exited their vehicles. This forces the prosecution into the position of proving that the defendant was actually the one in control of the vehicle at the time of the accident. This is known as a “wheel witness” and generally requires prosecutors to find someone willing to testify that the defendant was the one operating the vehicle at the time of the crash.
In the case of DUI manslaughter, DUI causing serious bodily injury or DUI causing property damage, the prosecution must establish that the defendant’s erratic driving was the cause of the accident. In other words, you can’t be charged with DUI causing property damage if the other driver involved in the crash was responsible for the accident. You can still be charged with DUI, however, but the crime of DUI has a lesser sentence than DUI causing property damage.
In the case mentioned above, the defendant will have a hard time convincing a jury that the restaurant was responsible for the crash. In this case, he simply drove into a restaurant and police were able to establish he was intoxicated at the time of the crash. So, he’s responsible.
Talk to an Orlando DUI Lawyer Today
The Florida DUI defense attorneys at FL DUI Group represent the interests of Florida residents who have been charged with driving under the influence of drugs or alcohol. Call our office today to schedule an appointment, and we can begin discussing your best defense right away.
Source:
nytimes.com/athletic/5579119/2024/06/20/lonnie-phelps-arrest-dui/
