Meet 48 y/o Carol McGrory, a relatively young Marion County, FL grandmother. That’s her below (and you can see her booking information here)…
Carol was weaving her way up the road blatantly enough to prompt multiple citizens to call the cops.
Carol did not stop for Marion County Deputies who tried to pull her over and it wasn’t until some time later and after two (2) more local squad cars (from the Belleview Police Department) got involved that she ultimately brought her vehicle to a stop. In Florida this is called “Fleeing and Eluding (a felony charge which is found at F.S. 316.1935 and which can be seen here). The elements of the crime include driving, knowing that a cop has directed you to stop (lights and sirens on are usually enough) and then either “willfully refusing or failing to stop” or “having stopped… {then} willfully fleeing in an attempt to elude the officer”. Contrary to popular belief, it does NOT require a “high speed chase” (remember OJ? He was not driving quickly…)
Anyhow, when Carol did finally pull over cops observed her 3 y/o grandson in the backseat (the silver lining, if any for grandma, is that the child was restrained in a proper child seat); unfortunately cops also found multiple pill bottles, with at least two (2) containing oxycodone and ocycontin. Although Carol refused sobriety testing she was arrested for an aggravated DUI (in Florida DUI can be proven by the State under the “impairment” theory, whereby the State alleges that a driver with no objective breath or blood reading was operating a vehicle with her / his “normal faculties impaired” by either booze or controlled substances), the basis of the aggravation being the presence of the toddler in the vehicle.
When it comes to the subject of drinking OR TAKING Rx MEDS (or both) 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 Carol McGrory}: Don’t drink and drive, but, if you do, DON’T DO IT WITH KID(S) IN THE CAR, 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, 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
LIKE www.facebook.com/haberpa ~ FOLLOW http://habercriminallaw.blogspot.com ~ SUBSCRIBE https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~ CALL 1-888-SHARK-8-1
THIS BLOG POST (AS ARE ALL OF HABERPA 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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