Pasco County DUI Defense Attorneys Whittel & Melton :: Hudson Driver Accused of DUI and Fleeing the Scene of an Accident That Sent Two Motorcyclists to the Hospital

February 3, 2012

A Hudson, Florida man who had allegedly been driving under the influence was arrested Thursday after troopers claim he fled the scene of an accident that left two motorcyclists in critical condition.

Police claim the 42-year-old man was pulling out of a gas station just before 11:45 p.m. when he allegedly drove into the path of a motorcycle. The motorcycle apparently collided with the driver’s side door of the man’s Kia sedan and ejected a 62-year-old man and a 48-year-old woman from the motorcycle and into the street.

According to the Florida Highway Patrol, neither party was wearing a helmet.

The man and woman thrown from the motorcycle were taken to Bayonet Point Medical Center where they remained in critical condition.

The man apparently left the crash site and drove to his home, where he was later arrested.

A breath-alcohol test allegedly determined the man had a concentration level of 0.148 to 0.153.

He was charged with DUI and leaving the scene of an accident with serious bodily injury.

Leaving the scene of a car wreck in Florida is a serious offense, however when combined with a DUI, the possible punishments can be even more severe. The consequences associated with a DUI Hit and Run resulting in injuries or deaths are far harsher than the penalties a person would face if they remained at the site of the accident. In Florida, leaving the scene of an accident involving injury is a third-degree felony, while an accident involving death is elevated to a first-degree felony with a mandatory two year period of incarceration if also convicted of DUI. For the State to prove guilt in a DUI Hit and Run, the following must be shown:

• The accused was driving the vehicle that caused the accident
• The accused caused the accident
• The accused had a blood alcohol concentration over the legal limit of 0.08 or his or her
• normal faculties were impaired by alcohol, illegal drugs, medication or any combination of the three
• The accused knew or should have known an accident occurred
• The accused knowingly or intentionally fled the scene of the crash without rendering aid or exchanging information with the other parties involved

It is important to understand that while breath and blood tests, police reports and evidence from the accident site may be used by the prosecution in an attempt to prove guilt, if you are accused of DUI you have the right to legal counsel. Despite the facts surrounding your DUI charge, the Florida DUI Defense Attorneys at Whittel & Melton can examine every aspect of the case for flaws. Certain opportunities such as police error, illegal search and seizure, lack of probable cause and breath, blood and field sobriety test attacks may be applicable to your DUI case. If your legal rights were violated or if any evidence was improperly handled, your case may be dismissed. While every DUI case is unique, the Florida DUI Defense Attorneys will work tirelessly to seek the best possible result on your behalf.

If you have been charged with any type of Florida DUI, contact the Florida DUI Defense Attorneys at Whittel & Melton online or call our Pasco County office at 727-847-2299 or dial us statewide and toll-free at 1-866-608-5LAW (5529).