A Hudson, Florida woman was arrested and charged with driving under the influence, child abuse, possession of marijuana and possession of a controlled substance without a prescription after Pasco County police say she allegedly passed out at a Burger King drive-through with three children in her car.
The Associated Press reports that authorities were called after employees watched the 27-year-old woman fall asleep in her car. Children — ages 1, 3 and 5 — were passengers in the automobile.
The Pasco County Sherriff’s Office reported that the woman had marijuana and oxycodone in her possession, and she allegedly told police she had smoked marijuana earlier in the day. She was held on $7, 150 bond.
The children were placed with their father.
A prosecutor for the state of Florida must show that the defendant was driving and at that time also under the influence of alcohol and/or a chemical substance to prove DUI. In this case, where there is no mention of the presence of alcohol, the State will attempt to weave an argument of impairment based on the presence of drugs and possibly any statements that may have been made at the scene. Assuming they are admissible at trial, these statements will most likely be the corner stone of the State’s case. Sometimes that’s a tough sell to a jury, especially when the only person who heard these comments is the same person who made the arrest.
If you have been charged with a drug DUI in Florida, contact the Florida DUI Lawyers at the Law Offices of Whittel & Melton, LLC online or call 1-866-608-5LAW (5529).