Florida Statute provides that a drunk driver can be punished for operating a motor vehicle when his/her normal faculties are impaired, either by alcohol or chemicals (see Florida Statute 316.193) The Statute also provides that money damages can be awarded to “punish” this reckless behavior. These damages are called punitive damages, which Florida courts allow to “punish” the Defendant. In Florida, a driver who operates a car when his/her blood alcohol content is in excess of .08 is presumed to have operated the vehicle when their normal faculties are impaired. Therefore, if someone operates a vehicle (car, truck, motorcycle) with a blood alcohol level of .08 or above, under Florida law that person is presumed to be driving under the influence.
The lawyers at 247InjuryLaw, will offer a detailed and complete presentation of the DUI evidence to the insurance company representatives and attorneys, which will probably cause the insurance company to pay a significantly higher settlement than in a crash that does not involve a drunk driver. If suit is filed, the presentation will initially be made in mediation. The following is language that has been used in Motions before Florida courts by the lawyers at 247InjuryLaw in order to seek punitive damages against a DUI Defendant: Defendant failed to adhere to Florida Statutes by his reckless disregard of /for the safety of others when he operated a vehicle when he was intoxicated. Defendant’s negligence “transcends the level of simple negligence, and even gross negligence (citation omitted) and enters the realm of wanton intentionality, exaggerated recklessness, or such an extreme degree of negligence as to parallel an intentional and reprehensible act.” Como Oil Company, Inc. v. O’Loughlin, 466 So.2d 1061, 1062 (Fla. 1985). Monty v. Hayward, 451 So.2d 938 (Fla. 4th DCA 1984).
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