Florida Man Tries to Skirt DUI Charge by Swapping Seats with Passenger
To arrest someone on a DUI charge, prosecutors and police officers must establish that the individual was in actual physical control of the vehicle at the time of their DUI arrest. This is established by proving that the individual was behind the wheel at the time of their DUI arrest. So, one Florida defendant thought it would be a good idea to switch seats with his sober passenger in order to fool police into thinking that the passenger was in actual physical control of the vehicle as opposed to the driver, who was drunk at the time of being pulled over. That’s precisely what police say one driver attempted to do after a crash involving two vehicles.
According to police, a Florida man was taken to jail for driving under the influence in Volusia County. The 59-year-old defendant, of Port Orange, FL, was arrested on charges of DUI and resisting an officer without violence, according to the arrest affidavit.
Police say that on August 30, around 9:40 p.m., deputies responded to a crash at the intersection of Williamson Boulevard and Taylor Road. According to the report, both vehicles were traveling westbound on SR-421 when the Ram pickup, driven by the defendant, rear-ended a Ford truck. A passenger in the Ford sustained minor injuries but declined medical attention, according to the report. It was at this point that the driver of Ram swapped seats with a female passenger, “in an effort to portray [the female passenger] as the driver and not [the defendant],” the report stated.
According to police, they ordered the defendant out of the vehicle multiple times because he showed signs of impairment, but he refused. Ultimately, the defendant did exit the vehicle, but he refused to undergo field sobriety tests due to “back and hip problems” and also declined to take a breath test.
He has since been charged with DUI and resisting an officer without violence. The resisting an officer without violence charge is related to the defendant’s attempt to swap seats with his female passenger. Ultimately, the defendant bought himself an extra charge with the subterfuge: resisting arrest without violence.
Analyzing the charges
Assuming this is a first-time offense, the driver will face a charge of simple DUI, which is the least serious DUI charge that you can face in Florida. However, because he refused a breathalyzer test, his license will automatically be suspended and he can still face charges of DUI under Florida’s implied consent law. The defendant will also face a charge of resisting an officer without violence. This is a misdemeanor charge in Florida as well. Fines for such a charge range from $500 to $1,000 and have a maximum jail sentence of six months.
Talk to an Orlando DUI Lawyer Today
FL DUI Group represents the interests of Orlando residents who are facing DUI charges in Florida. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
Source:
wdef.com/i/florida-man-accused-of-swapping-seats-to-avoid-dui-charge/
