Miami Accident Lawyer Blog
A drunk driver, with his one year old child in the back seat, was arrested after being stopped by Boynton Beach police. Driving in the bicycle lane on North Federal Highway, Yair Espinsosa had a suspended license. His only identification was a Mexican passport. (sunsentinel.com) After police pulled Espinosa over, they found a bag of cocaine, as well as several open beer bottles.
In the state of Florida, drunk driving is a very serious offense. The legal blood alcohol level in Florida for drivers is .08%. Moreover, drivers are required to sign an “Implied Consent” when they sign their driver’s license. This law mandates that one has agreed to take drunk driving tests, if requested to do so. In Espinosa’s case, he refused the roadside sobriety test. Nevertheless, he later blew a .227 on a breath alcohol test which is almost three times the legal limit. Espinosa was transported to the Palm Beach County Jail; where, he still remains. He could not post the bail amount of $10,050.
The legal ramifications for drinking and driving are severe in the State of Florida, and laws vary depending on the age of the driver. For instance, there is a “Zero Tolerance Law” which applies to all individuals under the age of 21. According to this law , drivers who are found to have a blood alcohol level of .02% or higher are subjected to harsh penalties, including jail and a suspended license for 6 months.
Essentially, this means zero tolerance for any driver under the age of 21. According to Florida Drunk Driving statistics issued by the DMV, there were 33,625 convictions in the state of Florida in 2010. Of these, 2,274 were in Miami-Dade County. The highest number of convictions was in Hillsborough County which includes Tampa, Fl.
Victims who are injured or killed by drunk drivers can seek compensation based on the damages they have suffered. Drunk Driving accident attorneys advocate for just compensation for persons who have suffered because of a negligent driver, who was under the influence. Based on their personal injuries, attorneys can ultimately make claims for victims or their families directly. In this way, those accident victims do not have to get involved with insurance companies or other responsible parties. Often, but not always, punitive damages are available to victims.
The gross negligence of the drunk driver in this story, who also had a toddler in his car, and the negligence of others like him, can cause serious harm, injury or death to other drivers and passengers, as well as, to themselves. Experienced personal injury attorneys investigate the breathalyzer reports and all other aspects of accident cases, such as this one. Blood alcohol level tests, in combination with thorough investigations, can very often provide solid proof of the presence of alcohol or drugs in a driver’s blood stream. In general, this information is indisputable, generating clear cut evidence for these cases. Drunk driving can be proved in court, even without blood alcohol tests, in certain cases. Extra skill is needed to accomplish this task.
Florida injury attorneys at Gerson & Schwartz, PA are highly qualified professionals, who have the experience and expertise necessary, to make the important decisions regarding how to proceed in cases, where a drunk driver has seriously injured or killed innocent victims. Over four decades, our firm has successfully sued drunk drivers and others legally responsible for their misconduct.
Contact Gerson & Schwartz, PA today for a free consultation, if you or anyone you know has been harmed. (305)371-6000 or info@gslawusa.com