Monday, November 6, 2017

A FL Woman was Arrested for DUI & Animal Neglect for Riding her Horse on a Public Road with .161 BAC ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 53 y/o Donna Byrne of Polk County, Florida.  That's her (latest) mug shot below.




Donna, who reportedly has some 10 misdemeanors and 5 felonies (including animal cruelty and drug possession) under her belt can now add 2 more to her resume, DUI and animal neglect.
  



On Thursday, November 2nd, 2017 a concerned citizen dialed 911 and advised the Polk County Sheriff that a woman who appeared confused and who was possibly in danger was riding a horse in the roadway.  Deputies weer dispatched and when they arrived, sure enough, Donna was riding her horse in the road. 




After failing field sobriety tests Donna consented to breath and blew .161, double the legal limit of .08 BAC, leading to her arrest for both DUI and animal neglect (as she is accused of endangering and failing to provide proper protection for the horse - who is pictured below).




Per Polk County Sheriff Grady Judd:  "Ms. Byrne was obviously not in any condition to be on the road. She not only put herself and the horse in danger, but also anyone who was driving on the road, which is typically very busy."  Deputies reportedly took the horse to the Polk County Sheriff's Animal Control livestock facility... Donna, on the other hand, was booked into the Polk County Jail. 



Memo the the Folks:  Yes.  You can get a DUI on a horse in FL.  




Memo the the Folks:  In fact you can get a DUI on all sorts of things in FL.  The DUI statute (F.S. 316.193) says that: 

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person 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 the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

and in FL a "vehicle" is defined in F.S. 316.003(97) as:

Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices and devices used exclusively upon stationary rails or tracks.

SO.... In FL you can be arrested for DUI for operating all sorts of things from a motor vehicle to a horse to a bicycle to a a golf cart to a wheelchair (motorized or not).  In FL it matters less what you are operating than it does the manner in which you are functioning while you are doing so.   Always remember...




Memo the the Folks continued:  And also please, pretty please, BE SMART{er Than Donna Byrne}:  Don't drink and drive (even a horse), 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 or 1-888-SHARK-8-1.




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".



 Michael A. Haber, P.A.: Providing creative, effective and zealous 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!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


THIS BLOG POST (AS ARE ALL OF HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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