Drinking and driving does not mix; and guns and booze do not mix; so drink driving with a gun... well, apparently that's where 43 y/o separated wife and gun toting mother of 2,Tina Wishnevski, comes in.
The whole concept behind DUI laws is that when folks drink their judgment and physical abilities tend to get impaired, and the more that they drink the worse their judgement and physical abilities tend to become.
As cars are potentially deadly weapons, where a driver is not in control, both mentally and physically, then the combo (impaired driver and motor vehicle) presents a danger to persons and property.
Similar logic applies to booze and guns. In Florida F.S. 790.151 (Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties) makes it a crime for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state. (To “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge and "readily accessible for immediate discharge” means loaded and in a person’s hand.)
While there is some dispute as to whether Tina drove to her estranged husband's home (where their 2 young sons were) at 12:30 am and proceeded to maniacally smash out windows with her gun (as the estranged husband claims) or whether, while there and not smashing anything her estranged husband pulled a gun on her, choked her out and then shot at her striking her car (as Tina claims), 2 things are certain:
1) When the cops appeared Tina got in her car, fled, sideswiped a police car and lead police on a short pursuit. When she finally stopped and police approached she yelled obscenities who held her at gunpoint until backup arrived. When asked why did what she did Tina said that she saw an officer attempting to stop her with his car as she drove away from the home, but he was in her lane and “you do what you gotta do to look good and cover your own”; and
2) If Tina didn't A) have a gun, B) drive while impaired, C) flee law enforcement, D) hit a cop car and E) make a foolish and inappropriate statement then she would not have been charged with criminal recklessness with a firearm and resisting law enforcement with a vehicle, both felonies, and misdemeanor charges of drunken driving, having a handgun without a permit and leaving the scene of a property damage accident.
When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is: "Don't do it! Get a DD (Designated Driver), not a DUI".
Be smart{er than Tina Wishnevski}: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
Michael A. Haber, P.A.: Providing creative criminal defense litigation services primarily in SoFlo since 1991.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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