Shane Eason is a faculty member of FAU’s School of Communication. He is available to discuss the dangers of driving under the influence to youth groups and schools in the South Florida region.
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The decision to drink and drive a couple years back is something I think about often. It was an obvious mistake and it has directly, yet indirectly, affected a lot of people that were close to me, such as my family members, friends and colleagues. It also affected people I did not know, such as the on scene witnesses, law enforcement officers, lawyers and the family of the deceased.
If you remember in the April article, I left off at how a chemical sample is given to police as evidence when there is suspicion of driving under the influence. For those that are not aware, driving under the influence of alcohol is the act of operating a motor vehicle after having consumed alcohol or drugs, to the degree that mental and motor skills are impaired. A motor vehicle can be classified as a car, golf cart, motorcycle, tractor, etc. A DUI is a misdemeanor crime in most states, however it can also be elevated to a felony if there is grounds and evidence to do so.
As I stated before, the chemical sample, if it is indeed requested, is usually given by breathe, urine or blood. There may also be a road side sobriety test involved where a number of coordination and memory tests are performed by the driver in front of a law enforcement officer. The tests usually consist of reciting the alphabet forward, then back; standing on one leg; touching your finger to your nose with your head back; walking a toe to heel straight line; and the horizontal gaze, which is the following of a pen or small light with your eyes left to right.
In my situation and by the discretion of the police, I was asked to give a blood sample because of the accident. I complied, and a few weeks later found that I was over the .08 legal limit to drive. I would be charged with a DUI and because there was a death involved, vehicular homicide became a frightful and real possibility that would be discussed among people that enforce our very tough DUI laws.
After months of thorough investigation by police, state attorneys, accident reconstruction experts and private lawyers, the vehicular homicide charge was not pursued. The decision to omit the possibility of the felony charge was made for a number of reasons that involve actual facts that surround the accident. Aside, in Florida, the statute regarding a charge of vehicular homicide states there must be sufficient proof of recklessness and causation by a party involved. Recklessness is usually determined by disregarding traffic laws such as speeding, inappropriate lane changes, running red lights and the such. It may surprise you to know that recklessness may be applied to any vehicle accident even if alcohol is not involved. This now includes text messaging in some states.
The events of that night still have wide spread ramifications. Knowing that I was involved in the accident is depressing and stressful. Embarrassment and ridicule are two very real aspects that accompany a conviction of driving under the influence. For some people, there is also the possibility of losing a job, scholarship and respect from peers.
There is a constant, heavy burden to carry through all of this and that will not be undone. Therefore, to prevent an incident such as this one, make the right choices.
Got a story of your own? Please send comments, questions and thoughts to Shane Eason at [email protected].
This column will continue monthly throughout 2008. Past columns are available online at upressonline.com.
