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Don't Drink And Drive - Introduction
Every people of the country have to follow the rules of the signal, which are made for their welfare and safety. The management of the law for the people is being done by the government but the main role is of the people who follow them. The case describes the negligence regarding the traffic signal. The report is about the major situational discussion and the ways for proving that how driving was done by ignoring the rule of the drink and drive law.
Case And Solution
The case defines the condition of a person whose name is Bob McTuff. It has been given that he was struggling to fight against the death of his son. Last Friday, in the evening, his son was driving across the roads after he had spend long hours in drinking at a public bar. The bar was situated on Hope Street. While driving, his son could not control his high speed and crossed the red light. Due to this, a severe accident took place and there was a head on collision with a 1959 convertible. There were four students in that vehicle. All of them got killed on the spot, but son of McTuff was not harmed. So, he ran away from the site of accident. However, police recognized him and traced him soon seeking help from his vehicle, which he left at the site of accident. When police arrived at McTuff’s house, they soon came to know that his son was in an intoxicated state. His son told the police that since he got panicked due to the accident he ran away from the accident site. The police took his sample of blood.
In the case, it is to be proved that McTuff’s son was dunked over the limit, which is stated in law. The law related to the Drunk Driving Law of the Florida state that if the any person of Florida drives the car at the local places by consuming alcohol, then the respective police might ask for the blood sample of the person and according to the test result he can be charged for the penalties.
There are some of the rules that have been made by the government which are:
- The legal limit for the drivers for driving the car after drinking is .08. If the limit of alcohol content in the blood in this case is found more than the standard being set then it will be proved that the person driving the car is liable for the penalties. If the person is below the age group of 21 years then the person is found liable for the punishment and he cannot be excused for the crime.
- The second law for the Florida people is that they cannot drive the car with the open container of the alcohol. In this case, as the person was drinking and driving the car and there can be the possibility of getting some of the evidence in the car, which may prove that the person has committed the crime by ignoring the law of “drink and drive”.
- The third law states that people cannot drive car while drinking alcohol when the BAC limit of the test goes 20% additional to the actual limit set by the law of the Florida. If this happens then the person can be directly put to jail even if he has not done any accident. Here, in this case, there was an accident, which was due to “drink and drive” law. So, it is clear from the beginning that the person was drunk.
- The law of the Florida says that if the person who is driving the car has an opened container of alcohol in the car then the person has to put the container in the trunk of the car so that he is not able to use it while he is driving (Florida Wrongful Death Case: Hit-And-Run, 2010).
Here, in this case it is said that the person was driving the car and has met with an accident with the students of the college. The main reason for the discussion of the case is that the person was dunk at the time of the accidents. Now, there are some of the possibilities in the case such as:
- Whether the person was drunk at the time of the accident?
- Whether the person was under the age?
- Whether the person was having the BAC limit of 0.08 or more than this?
- Whether the limit was more with an addition of 20%?
- Whether the person ran away from the scene without fulfilling the legal responsibility which is mandatory for the people of Florida?
- Pratten, J Amanda. “The licensee and problems drinking: a practitioner's view”. Worldwide Hospitality and Tourism Themes. 1.2 (2009): 194 – 200. Print.
- Taylor, Lawrence and Oberman, Steven. Drunk Driving Defense. Aspen Publishers Online. (2006).
- Thompson, Tamara. Drunk Driving. Greenhaven Pr. (2007).