Tampa Criminal Lawyer Blog
A pantsless and shoeless Jonesboro, Arkansas woman is being charged with DUI after crashing her 2001 Pontiac Grand Am into a mobile home last week. Witnesses told authorities that Jamie Jeannette Craft, 28, then got out of her car and into a child’s Power Wheels truck and attempted to flee the scene of the crime. Despite the undoubtedly high speed chase that ensued the owner of the souped up Power Wheel truck’s father caught up to Craft and made her exit the vehicle. Craft then walked to her mother’s home where officers later found her to be irate, intoxicated, and disorderly. Upon arrest Craft was taken to jail and blew a very reasonable .217 just shy of three times the legal limit. It is unknown what the legal alcohol limit is to drive a Power Wheel while pantsless. Craft was ultimately charged with DUI and leaving the scene of the accident.
Whoa. This story has everything you could possibly want. Redneck? Check! No pants? Check, check! Ridin’ dirty in a damn Power Wheel!?!?! Yep, have that too! Despite all of her alleged wrongs, at least she looks beautiful in her mug shot… A Tampa DUI lawyer could tell you that the meat and potatoes of a DUI or DWI allegation are pretty much uniform from state to state with some unique differences. In Florida, under Florida Statute 316.193 the State could prove a DUI under Ms. Craft’s factual scenario by showing that she drove or was in actual physical control of a vehicle and while driving or in actual physical control of the vehicle she had a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath. Specifically because there was damage, should they charge her with being at fault for that damage they would have to make an additional showing that as a result of her operating her Pontiac, she caused or contributed to causing damage to the property of whoever owned the mobile home she so delicately nudged. In Florida generally an officer must see all elements of a misdemeanor in order to make an arrest. For a DUI there is an exception that a lay witness can testify as to a Defendant driving when there is a traffic crash amounting to a breaking to pieces of something on the vehicle or object hit. If your Tampa DUI attorney can show that there was no crash, he may be able to get your DUI dismissed on a pretrial motion as our Tampa DUI lawyers did for one of our clients. If one of these witnesses saw Craft behind the wheel and there was damage amounting to a crash, this case could be proven in Florida. If this case was proven in Florida, the Defendant would face enhanced DUI penalties because of the high breath test and would be liable for restitution for the damage caused.
In addition to DUI, the State may be able to make a case for leaving the scene of an accident. In Florida if one is involved in an accident with damage they must , pursuant to Florida Statute 316.062, remain on scene long enough to give their name, address, car registration number and if requested show their information to the person. If they don’t they could be charged with leaving the scene of an accident per Florida Statute 316.061 and subject to a misdemeanor. Shame, shame, shame on Ms. Craft for darting to her mother’s abode without leaving her information. It’s possible a defense could be mounted that she left her car there and her information was within as she went to her nearby mother’s for medical aid. That dog likely won’t hunt in front of 6 people in a box in a courtroom. Better luck next time.
Ah, the miracle that is the DUI fact pattern. Despite the serious nature of a Tampa DUI, often the facts leading to arrest are ones for the ages. Our Tampa DUI attorneys have seen and handled just about anything you can imagine and more often than not we’ve been able to help those seeking our aid. If you’ve been charged with DUI in Tampa or the Tampa Bay area contact our attorneys at 813-444-7435 for a free consultation today.