In September of 2008, Jose Cruz was just minding his on business driving after dark down a thoroughfare in West Charleston, West Virginia. Just because his lights were not on, he felt, was no good reason for the police to stop him.
On top of the seemingly insult and after failing a field sobriety test, he was arrested and hauled off to jail for further testing. Once in the booking and testing room, Palmer, a certified policeman who administers such tests, proceeded to give Cruz a breathalyzer test. After having already loudly passed gas multiple times, when Palmer tried to place the breathalyzer on Cruz’s face, the besieged man lifted his leg, let our a horrendous fart, fanned it toward Palmer’s face, and declared, “Here, put that in your breathalyzer.”
At that point, with no where else to go, the police surrounded Cruz and rearrested him once again, but this time, according to police complaints, they charged him with battery on a police officer. The official complaint noted, “the gas was very odorous and created contact of an insulting or provoking nature with Palmers.”
Cruz’s defense was that he “retaliated against the cop because the cop gave a breath test while he was having an asthma attack.” Cruz has been arrested multiple times on charges of DUI, but the battery charge was later dropped after a very short plea bargain.
Although drunk people can do some humorous things, even innocent farts, in Florida are no laughing matter when it comes to the seriousness of drunk driving. In 2007, an estimated 12,998 people in the U.S. died in alcohol-impaired traffic crashes involving a driver with an illegal blood alcohol content. These deaths constitute 31.7 percent of the 41,059 total traffic fatalities in 2007.
Third time DUI convictions in Florida can cost you up to one year in jail, up to a $5000 fine, up to a ten year license suspension, mandatory ignition interlock device for two years, mandated DUI School, and your vehicle being impounded for 90 days. On top of all this, in most states across the United States, after a conviction of driving under the influence of any type of drug including alcohol, you are branded a criminal, and the conviction goes on your permanent driving record that is public information.
So, if you have been accused of drunk driving or any similar charge, it is no time to be funny about such matters. Get professional help! There are attorneys in your area that can help. Contact DUIAttorneyHome.com right now, so that we can help you find a professional that will take a more serious and sane approach to your predicament.