According to both Joel Anderson of the St. Pete Times (“Why not DUI? No driver ID’d”) and Kyle Martin of the Tampa Tribune (“Sheriff’s Office Director Target Of Probe”), the Finance Director of the Hernando County Sherriff’s Office was involved in a single-car accident in Brooksville, Florida after allegedly running several cars off the road while being under the influence of both wine and sleeping pills. However, it should be noted that no sobriety tests were performed.
While the driver potentially faced charges for DUI, DUI property damage, Reckless Driving and Leaving the Scene of an Accident, the Deputy involved in the investigation elected not to go forward due to the unavailability of a “wheel witness”. What does this mean?
In this case, in order to prove DUI, Reckless Driving or even LSA – the State of Florida, represented by the Hernando County State Attorney’s Office, has to prove beyond a reasonable doubt that the defendant was driving at the time of impairment or the alleged criminal act (like for example, driving recklessly or leaving the scene of an accident). The State usually accomplishes this by simply having a witness (“wheel witness”) testify that the defendant was driving or behind the wheel. It can also be proven by what is called “Actual Physical Control.” These situations, commonly referred to as APC cases, usually come in two forms: 1) a defendant is slumped over the wheel in the middle of traffic, the side of the road or in a parking lot, or 2) after an accident.
A DUI conviction can lead to jail, probation and a host of other penalties. Our Brooksville, FL DUI Law Firm can represent you during your case from start to finish and help you obtain the best Hernando County Result possible for your case.