According to reports, the Zephyrhills, FL Police Department has charged a Pasco County man for an accident that allegedly occurred on April 12, 2009. The allegation put the 40-year-old man in the Land O’Lakes Jail on Monday, June 1, for the misdemeanor charge of DUI with Property Damage.
The report goes on to indicate that the defendant’s blood alcohol level was .281 – this allegation is over 3 times the “legal limit” of .08. It is common after an accident, wherein law enforcement has yet to determine an individual’s blood-alcohol limit, to wait until the blood results come back from the laboratory before making an arrest.
DUI with property damage is misdemeanor offense that requires the prosecutor to prove an additional element that property was somehow destroyed or damaged due to the alleged DUI. Much like, DUI Manslaughter, the State of Florida will need to be concerned with provided proof to a jury as to the nexus or connection between the DUI and the property damage. Otherwise, this man will only face a simple DUI with no accompanying charge for property damage.
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