A Greenacres woman is facing DUI and child neglect charges today after police say her teenage daughter was in the vehicle with her as she drove impaired.Greenacres police arrested Martina Cecilia Ramirez, 45, in the area of South Jog Road and 10th Avenue North Wednesday night. She is being held at the Palm Beach County Jail this afternoon in lieu of $3,000.During the traffic stop, the affidavit says Ramirez told the officer she had been drinking coffee but not alcohol. She pointed to a 20 oz. Styrofoam coffee cup with a white lid and straw, which was sitting in a cup holder. She hesitated when the officer asked to see the cup, but eventually handed it over.“It was not filled with coffee,” the officer wrote, “but a clear liquid that had a strong odor of an unknown alcoholic beverage coming from it.”The affidavit says Ramirez had a blood alcohol level of 0.238 — nearly three times the legal limit of .08 — and she was unable to accurately complete several roadside tasks. The officer wrote that she told him she could not close her eyes without falling because of the drinks that she had.Ramirez’ 15-year-old daughter was in the vehicle when this all happened. Full story, sourceDUI Child EndangermentIn 2010, 17 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed in alcohol-impaired crashes.1 Of the 211 children 0 to 14 years old who were killed in alcohol-impaired driving crashes during 2010, 131 (62 percent) of those killed were passengers in vehicles with drivers had a BAC level of .08 or higher.2 A child in a vehicle with a drinking driver is not only at risk from the impaired driver, but also from the lack of safety restraint use (like a seat belt or child safety seat), as drinking drivers are much less likely to make sure a child is properly restrained. Specifically, in fatal crashes, sober drivers had restrained their children 30.5 percent of the time, compared with only 18 percent for drinking drivers.3 MADD believes that driving under the influence of alcohol or other drugs is criminal and irresponsible. Having a child in the car elevates this criminal act to child abuse. Black’s Law Dictionary defines child abuse as: When a child's parent or custodian, by reason of cruelty, mental incapacity, immorality or depravity, is unfit to properly care for him or her, or neglects or refuses to provide necessary physical, affectional, medical, surgical or institutional care for him or her or is under such improper care or control as to endanger his or her morals or health. Clearly, driving under the influence with a child in the vehicle – child endangerment – is “improper care... so as to endanger his or her morals or health” and thus constitutes child abuse. Thus, additional sanctions should be placed on those who drive under the influence with a child in the vehicle – regular sanctions and treatment are not enough. 43 states and the District of Columbia have laws enhancing penalties for those who drive drunk with a child passenger in a vehicle. The laws vary widely in severity and definition of a child passenger. For example in New York it is a felony to drive drunk with a child passenger under the age of 16. Whereas in Wisconsin, the same offense is a misdemeanor.DUI Child Endangerment Laws in FloridaIf passenger is under 18: first offense: Up to nine months in prison and a fine range from $1,000 to $2,000. An ignition interlock is required for six months too. Second offense: up to 12 months in prison and $2,000-$4,000 fine. An ignition interlocks is required for at least two years. FL ST § 316.193 (4) Source: http://www.madd.org/laws/child-endangerment.htmlIt is not illegal to drink and drive in Florida, so long as your blood alcohol content (BAC) is not over .08 or your normal faculties are not impaired. At the law firm of Andrew D. Stine, P.A., in West Palm Beach, we advise our clients to neither blow into a breathalyzer machine nor do a roadside test. Why give evidence to the state if you don't have to?If you have submitted to a breathalyzer test and failed, that is not the end of your case. The Intoxilzer 5,000 and Intoxilzer 8,000 breathalyzer machines used to measure BAC in Florida have significant problems. If you have an expert witness and an experienced attorney who can challenge the accuracy of the machine in court, the BAC evidence may be thrown out. DUI/DWI Lawyer Andrew Stine has obtained not-guilty verdicts due to machine failure for clients who have had blood alcohol levels of .229 and .227.The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. We will also represent you at your hearing before the Florida Department of Motor Vehicles in order to protect your right to drive.Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Distributed by Viestly
A Greenacres woman is facing DUI and child neglect charges today after police say her teenage daughter was in the vehicle with her as she drove impaired.Greenacres police arrested Martina Cecilia Ramirez, 45, in the area of South Jog Road and 10th Avenue North Wednesday night. She is being held at the Palm Beach County Jail this afternoon in lieu of $3,000.During the traffic stop, the affidavit says Ramirez told the officer she had been drinking coffee but not alcohol. She pointed to a 20 oz. Styrofoam coffee cup with a white lid and straw, which was sitting in a cup holder. She hesitated when the officer asked to see the cup, but eventually handed it over.“It was not filled with coffee,” the officer wrote, “but a clear liquid that had a strong odor of an unknown alcoholic beverage coming from it.”The affidavit says Ramirez had a blood alcohol level of 0.238 — nearly three times the legal limit of .08 — and she was unable to accurately complete several roadside tasks. The officer wrote that she told him she could not close her eyes without falling because of the drinks that she had.Ramirez’ 15-year-old daughter was in the vehicle when this all happened. Full story, sourceDUI Child EndangermentIn 2010, 17 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed in alcohol-impaired crashes.1 Of the 211 children 0 to 14 years old who were killed in alcohol-impaired driving crashes during 2010, 131 (62 percent) of those killed were passengers in vehicles with drivers had a BAC level of .08 or higher.2 A child in a vehicle with a drinking driver is not only at risk from the impaired driver, but also from the lack of safety restraint use (like a seat belt or child safety seat), as drinking drivers are much less likely to make sure a child is properly restrained. Specifically, in fatal crashes, sober drivers had restrained their children 30.5 percent of the time, compared with only 18 percent for drinking drivers.3 MADD believes that driving under the influence of alcohol or other drugs is criminal and irresponsible. Having a child in the car elevates this criminal act to child abuse. Black’s Law Dictionary defines child abuse as: When a child's parent or custodian, by reason of cruelty, mental incapacity, immorality or depravity, is unfit to properly care for him or her, or neglects or refuses to provide necessary physical, affectional, medical, surgical or institutional care for him or her or is under such improper care or control as to endanger his or her morals or health. Clearly, driving under the influence with a child in the vehicle – child endangerment – is “improper care... so as to endanger his or her morals or health” and thus constitutes child abuse. Thus, additional sanctions should be placed on those who drive under the influence with a child in the vehicle – regular sanctions and treatment are not enough. 43 states and the District of Columbia have laws enhancing penalties for those who drive drunk with a child passenger in a vehicle. The laws vary widely in severity and definition of a child passenger. For example in New York it is a felony to drive drunk with a child passenger under the age of 16. Whereas in Wisconsin, the same offense is a misdemeanor.DUI Child Endangerment Laws in FloridaIf passenger is under 18: first offense: Up to nine months in prison and a fine range from $1,000 to $2,000. An ignition interlock is required for six months too. Second offense: up to 12 months in prison and $2,000-$4,000 fine. An ignition interlocks is required for at least two years. FL ST § 316.193 (4) Source: http://www.madd.org/laws/child-endangerment.htmlIt is not illegal to drink and drive in Florida, so long as your blood alcohol content (BAC) is not over .08 or your normal faculties are not impaired. At the law firm of Andrew D. Stine, P.A., in West Palm Beach, we advise our clients to neither blow into a breathalyzer machine nor do a roadside test. Why give evidence to the state if you don't have to?If you have submitted to a breathalyzer test and failed, that is not the end of your case. The Intoxilzer 5,000 and Intoxilzer 8,000 breathalyzer machines used to measure BAC in Florida have significant problems. If you have an expert witness and an experienced attorney who can challenge the accuracy of the machine in court, the BAC evidence may be thrown out. DUI/DWI Lawyer Andrew Stine has obtained not-guilty verdicts due to machine failure for clients who have had blood alcohol levels of .229 and .227.The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. We will also represent you at your hearing before the Florida Department of Motor Vehicles in order to protect your right to drive.Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Distributed by Viestly
Under most circumstances, driving under the influence (DUI) in California will result in misdemeanor charges being filed against you. Most of the 200,000 people arrested for DUI will be charged with a misdemeanor offense.
These are the many people pulled over by a police officer who subsequently smelled alcohol on their breath and conducted a DUI investigation. Under California law, a person is intoxicated if they are driving a vehicle with a blood alcohol content (BAC) of .08 or greater.
As long as there are no factors that would result in enhanced charges, a person would most likely face nothing more than a misdemeanor charge for their first, second and even their third DUI. However, if you have had three DUI convictions within the ten year look back period from the initial arrest, you will be facing California felony DUI charges with your fourth DUI arrest.
If your DUI resulted in injury or death to another person you will face felony DUI charges. The injury can be to a passenger in your vehicle, the driver or passenger in another vehicle or a pedestrian. A DUI with injury is sometimes referred to as a "wobbler" because it can be a misdemeanor or a felony, depending on the extent of the injury and the county of the arrest.
If your DUI resulted in the death of someone you will be charged with vehicular manslaughter while intoxicated, which is a felony. In these cases, the death will be said to have been caused by ordinary or gross negligence of the intoxicated driver.
If the circumstances surrounding the death of another person while you were drunk are egregious enough, you can be charged with second degree murder. In these cases the death will be said to have been caused by malice or malice aforethought -- a conscious disregard for human life. These charges are by far the most severe and are filed against repeat DUI offenders. They are called "Watson murders" because of a 1981 California Supreme Court case that allowed for the crime of second degree murder for repeat drunk drivers who cause a death. Everyone convicted of a DUI in California has to sign or acknowledge being given a Watson advertisement. That acknowledgement essentially states that you acknowledge how dangerous it is to drive under the influence and agree to be charged with murder in California if you kill someone while driving under the influence.
Finally, it is also possible for you to be charged with a felony DUI, for even a simple misdemeanor DUI arrest, if you have a prior felony DUI conviction. So, even a simple misdemeanor DUI arrest with no aggravating circumstances will escalate to a felony if you have had a prior felony DUI.
A felony DUI with bodily injury comes with stiff penalties, such as two to four years in a California State Prison, fines of up to $5,000, mandated 30 month DUI school and a driver's license suspension of five years. You will also be designated as a habitual traffic offender (HTO) for three years.
A vehicular manslaughter while intoxicated will result in fines of up to $10,000 and up to four years in a California State Prison. The facts surrounding your arrest may cause the punishment to escalate. A gross vehicular manslaughter conviction will result in four to ten years in prison. If you are charged with gross vehicular manslaughter and have two or more prior DUI convictions, you could face 15 years to life in prison.
