floridaduh

The Bizarre World of Florida

Woman charged with 4th DUI flashed ‘bare buttocks’ October 5, 2014

Filed under: Abuse,Bizzarre,Controversy,Disgusting,Disrespectful,Drunk,DUI,Funny,Stupid,WTF? — floridaduh @ 3:35 pm

A birthday celebration turned sour for a North Lauderdale couple when both were accused of DUI after a road-rage incident in Coral Springs, police said.

sfl-flduh-4th-dui-bare-buttocks-20141002-001Records show it was the fourth DUI arrest for Michele Ann Rivera, 49, and the first for Stancel Ganus Kinsley, 68, who were returning home from Kinsley’s birthday outing at 1:13 p.m. Sunday.

Another motorist called 911 and told police Rivera was driving a 1999 silver Toyota 4Runner all over the southbound lanes in the 1200 block of North University Drive, according to the arrest report.

The witness told police Rivera stopped in the middle of traffic, got out of the driver’s seat, walked to the car behind her vehicle and yelled at that driver for following too closely. Rivera went back to her SUV but got in the passenger side after Kinsley went around the vehicle and got into the driver’s seat, the report stated.

When police arrived they noticed both Rivera and Kinsley had a strong odor of alcohol, watery, bloodshot eyes and slurred speech. Officers also found an open bottle of Smirnoff vodka in Rivera’s purse, police said.

After repeated police requests, Rivera agreed to take a roadside sobriety test but had trouble getting out of the SUV and walking around it, the report stated.

She was unable to complete several sobriety exercises and kept asking if she was under arrest. When Rivera was put in the back seat of a patrol car she noticed Kinsley was being arrested too. Rivera spontaneously blurted out, “He wasn’t driving, I was,” the report stated.
When Rivera and Kinsley were taken to the police station Rivera became loud and abusive. She lifted her skirt and flashed her bare buttocks at an officer saying, “This is the best you’ll ever have,” the arrest report stated.

She refused to take a breath-alcohol test but when asked if she had been drinking, Rivera said, “Obviously,” and admitted to having a few vodkas with cranberry juice since 8 a.m, police said.

Kinsley admitted to drinking since 10 a.m. at a restaurant. He failed several roadside sobriety tests and said, “I’m done, take me.” His breath-alcohol test was over the legal limit, police said.

He claimed several times to be the driver of the 4Runner, but later admitted Rivera was driving and that they had switched places just before police arrived, the report stated.

Rivera has a revoked license and a record that includes convictions for DUI in 1997, 2003 and 2010; leaving the scene of a crash and refusing to take a breath-alcohol test, according to the Florida Department of Highway Safety and Motor Vehicles.

Rivera is jailed on $66,000 bond. Kinsey was released on a $500 bond, court records showed.

 

DUI suspect allowed son to ride in bed of pickup, troopers say September 30, 2014

A woman who Highway Patrol troopers said exhibited reckless driving that caused her 8-year-old son to be injured in the bed of the pickup she was driving was arrested.

sfl-flduh-dui-bed-pickup-20140926-001Troopers said 37-year-old Wendy Lynn Cauchi was charged Thursday with being impaired and refusing to take a breath test.

When Trooper James D. Whitmore arrived in the 7000 block of Southwest 80th Street, Ocala, a Marion County sheriff’s deputy told him that witnesses said Cauchi had been drinking all day.

The witnesses told troopers the boy was in the bed of a 2006 Toyota 4Runner and was injured because his mother was driving around the yard unsafely.

Troopers said the vehicle crashed into a fence. After impact, the boy was flung forward and his forehead struck the bottom floor of the truck bed. He was taken to Munroe Regional Medical Center for treatment. He is expected to recover from his injuries.

The Department of Children and Families was notified and agency representatives went to the hospital.

Whitmore said he went to Cauchi and detected a strong odor of alcohol on her breath. He described her speech as slurred and thick-tongued. Cauchi declined to talk to the trooper, telling him that she wanted her lawyer. Her lip was bruised from hitting the steering wheel. She was not wearing a seat belt, authorities said.

The trooper arrested Cauchi, who complained to officials, wondering how she could be taken into custody for driving on her own property. She told authorities she was just looking for her horse.

The trooper said Cauchi had troubled standing and walking to his cruiser.

Cauchi was charged with DUI, DUI with property damage, DUI with serious bodily injury to another and refusal to submit to a DUI test after her license was suspended or revoked.

She was taken to the Marion County Jail, where she refused to submit to a breath test. The trooper said it was Cauchi’s second DUI test refusal.

She again told the trooper that she wanted her attorney.

 

Guess swimming is not the best way to sober up September 26, 2014

Filed under: Alcohol,Amazing,Bizzarre,Drunk,DUI,Dumb,Florida Nut,Funny,Unusual,WTF? — floridaduh @ 1:34 pm

Swimming away from a traffic crash may not be the most effective means of escape, but a 24-year-old man appears to have given it a try in Sebastian.

sfl-flduh-swim-avoid-charge-20140925-001The truck ran a stop sign at Indian River Drive, crashing into a guardrail just west of the Indian River.Witnesses told Sebastian police about 1:40 a.m. Sept. 11 that a man identified as Donald Hull was driving a Ford truck east on County Road 512, according to a recently released arrest affidavit.

Hull began to flee on foot and ran into the Indian River, an extremely large body of water. He took off his shirt and swam toward a dock in the 800 block of Indian River Drive.

It’s unclear whether he used the crawl, butterfly or another stroke during the apparent aqueous getaway.

Two witnesses watched Hull as he swam while the third went to the dock.

“The third witness then stood by and observed the defendant swimming around the dock area until law enforcement arrived,” an affidavit states.

Police helped fish Hull out of the water.

Hull, who smelled of booze, first said he’d had a few drinks and was driving on an “unknown road.” He said he had no license, then reported he wasn’t driving and didn’t know how he got there.

Hull declined to participate in field sobriety exercises and declined to take a breath test.

Hull, of the 8800 block of Central Avenue in Micco, was arrested on charges including DUI, driving while license suspended with knowledge and leaving the scene of an accident with property damage.

 

Drunk woman tried to pick up kid at school, hit 2 cars September 9, 2014

A New Port Richey woman who deputies say was drunk, wound up getting into trouble after trying to pick up a child from school.

sfl-flduh-elementary-school-drunk-20140908-001The staff at Trinity Elementary School say Renata Congleton, 27, was extremely intoxicated when she arrived at the school last Friday afternoon and tried to pick up the child.

Congleton hit two vehicles and left the school before Pasco County Sheriff’s deputies arrived, according to an arrest affidavit.

Deputies later found Congleton sitting by her front door. They say she swore at them when they asked her a question and continued to curse when they asked more questions.

Deputies say Congleton did admit she was involved in an accident. When a deputy went to handcuff her, she pulled away and kicked and scratched the deputy.

A test found Congleton’s blood alcohol level to be .413. In Florida, it is illegal to drive with a blood alcohol level of .08 or higher.

Congleton was charged with neglect of a child, battery on a law enforcement officer, and resisting an officer with violence. Bond was set at $15,000.

 

Troopers: I-75 wrong-way DUI suspect wanted ride home September 2, 2014

sfl-flduh-wrongway-driver-20140831-001While troopers were on patrol of I-75 early Saturday morning, they spotted a driver in a Chevrolet Impala heading eastbound near Naples at a high rate of speed.  The driver was pulled over after radar estimated the vehicle’s speed at 106 mph in a 70 mph zone.

As they were writing up the driver for excess speed, a driver in a Cadillac was heading westbound in the eastbound lanes.  The troopers managed to flag the driver down and get him to pull over.  It took them several tries for to get the driver to put the car in park and get out of the vehicle.

The troopers believed the driver to be intoxicated based on what they saw, according to the arrest report.

They attempted to conduct a sobriety test which the driver identified as 54-year-old David Johnsen refused to cooperate.  During their interview, the troopers say the driver claimed to be a retired cop from Duluth, MN and wanted a ride home.

Johnsen got a ride to the Collier County Jail on a DUI charge where he posted a $1000 bond.

 

A question only one state can answer: If you drink more after a crash, can you avoid a DUI? September 1, 2014

Two years ago, a man in a 1973 Rolls-Royce blew through a red light and killed an 81-year-old man driving with his wife to Walmart.

b0s_dui083114c_13766468_8colA Pinellas Park officer suspected Tracy Garon, the driver of the Rolls-Royce, was drunk. The officer led the 59-year-old to a curb and resumed investigating at the crash scene. Left to himself, Garon walked into a Circle K and bought a 24-ounce Miller Lite.

The officer saw Garon leave the convenience store with the beer to his lips and told him to stop drinking. Garon kept swigging. The officer grabbed the beer and placed it on the sidewalk.

“At this point, I had suspicion to believe this act was an attempt to defeat a DUI investigation,” an officer wrote of the Dec. 9, 2012, crash.

Stories of how to beat a DUI test abound. And expert opinions vary on how much people could torpedo a DUI case by drinking after a crash and before a breath or blood test is administered.

“It could certainly muddy the waters,” said Reta Newman, director of the Pinellas County Forensic Lab.

In Garon’s case, both he and the officer knew that the can of Miller Lite could be a key piece of evidence in a DUI manslaughter prosecution.

The officer tried to secure the can as evidence. Before he could, Garon kicked it over, spilling it onto the sidewalk.

The strategy is this: If you drink after a crash and before a test, it will be harder for police to determine your blood alcohol level at the time you committed the supposed crime.

“We have people who when pulled over for driving drunk … throw the key out of the car and pop open a beer,” said Pinellas Park police Sgt. Adam Geissenberger.

This could create a problem for police, because if a blood test shows the person is drunk, how can investigators prove that the alcohol consumed after the crash didn’t put them over the limit?

Clearwater defense lawyer Nicholas Dorsten represented Garon. He also represented another client who tried the same tactic.

In that instance, an officer pulled over a St. Petersburg woman on her way home from a Christmas party. The officer called for a member of the DUI unit so they could determine whether the woman had been drinking. Before the other officer arrived, the woman walked inside her home and drank alcohol, Dorsten said. She returned outside in her pajamas and refused a breath test. Police arrested her, but she later was offered a plea deal that reduced her DUI to reckless driving.

Dorsten said prosecutors would have had a hard time proving how much alcohol she had at the time she was pulled over.

In Garon’s case, because someone died in the accident, officers had a legal right to test his blood.

An officer stood watch over Garon after he bought the beer. An hour later they drew a blood sample. The test indicated Garon had a .25 blood alcohol level. An hour later officers drew another sample, which read .23. And an hour after that he tested at .21. All are about three times the legal limit.

Garon told officers he had just come from a car show and only had a small glass of red wine. Officers could tell Garon’s body had begun metabolizing the alcohol because each blood alcohol reading was lower than the last. This helped save the case.

Garon’s blood alcohol level wasn’t affected by the beer he drank. If it had, it would have spiked the sample on at least one test.

“What juror wouldn’t look at that person and say … ‘what the hell is that?’ ” said Assistant State Attorney Scott Rosenwasser, who prosecuted Garon. “You just killed someone and you’re going to start drinking?”

In court, Garon pleaded guilty to DUI manslaughter and vehicular homicide. He was sentenced in June to 17 years in prison.

But if Garon had drunk more immediately after the crash, it could have spiked his blood alcohol level. Would that have made a difference?

“The biggest thing is (drinking after a crash) would have a hard time making a major impact unless there is a significant amount of time and a significant amount of alcohol,” said Newman.

Newman said if a person could drink enough, and then wait for the alcohol to kick in, a blood alcohol test would not be able to show their level of intoxication at the time of the crash. That’s what might have helped the St. Petersburg woman who drank an unknown amount of alcohol in her home.

Rosenwasser said he doesn’t think the tactic works.

“Depending on the blood alcohol level it wouldn’t change the way I prosecute,” he said. “And in fact, I would use it as consciousness of guilt. They’re trying to play a game by drinking it right after.”

One thing is clear from Garon’s case, and that’s that officers should not allow DUI suspects to slip into a convenience store to chug a beer after a fatal crash.

Geissenberger, the police sergeant, said in this case the severity of the crash and the size of the scene made it hard for the officer to give all his immediate attention to Garon. The officer was not disciplined, Geissenberger said, but they did discuss what went wrong.

“It was just about how we as an organization can do better,” he said.

 

Mom, if you want your kids to experience a scary ride, take them to Disney — don’t do this August 28, 2014

UntitledJennifer Mannino of Punta Gorda was stopped Tuesday night for suspected DUI.

When a Charlotte County deputy managed to pull her over near Tamiami Trail and Bayshore Road the deputy said she had already taken the pickup truck over the median and almost hit traffic as she made a right hand turn.

Mannino failed a field sobriety test and her blood alcohol registered three times the legal limit at .025.

Compounding her situation, her 12-year-old daughter and 10-year-old son were in the car at the time.  The daughter, according to the arrest record, was so concerned she called her father.

There was an open container of vodka inside the truck’s cab that the arresting deputy said contributed to the evidence she had been driving while she was driving the pickup.

This was Mannino’s second DUI charge in less than two years according to jail records.  In addition to the DUI, Mannino was charged with child neglect without great bodily harm.

The children were turned over to their guardian who showed up at the scene and took them away.

She remains in Charlotte County jail without bond.

 

 
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