Woman with alcohol in the car swerves into me. Is there anything I can do?

[CdwJava]

But again, she should have been arrested upon failing to show a driver's license. After that, they would have been able to test her sobriety, according to you.

No. I did not say that. Had they arrested her for being unlicensed, they could NOT compel her to take a chemical test. ONLY if she were arrested for DUI can they compel a chemical test for alcohol or drugs.

My question is, since she has to go to court. Would she go to jail after the jury or judge or whatever decides her punishment or would she had been detained right then and there?

Assuming the offense is a criminal offense, if found guilty she could - in theory - be hauled off to jail from there. In reality, I suspect she will return for sentencing and likely be given options of fines and obtaining a valid license in order to avoid jail time. Actually serving time for being unlicensed would seem unlikely.

 

[quincy]

https://www.felonyflorida.com/driving-without-a-valid-drivers-license-florida-statute-322-03.html




Driving without a license is indeed a criminal offense.

About the open container thing. You are right in the case that it is not a criminal offense in florida. The cop I spoke to works in a different state. And yes, apparently open container means not empty.

But again, she should have been arrested upon failing to show a driver's license. After that, they would have been able to test her sobriety, according to you.

It depends. Driving without a license is a noncriminal traffic violation if the driver HAS a license but is driving without it.

 

[Slay2055]

After becoming more informed I agree that the cops did make the right decision there.

By the way, apparently she does have a license she just didn't have one on her. Meaning all she has to do is show her license and pay $10 dollars and a drunk driver goes free without repercussions. And if she does have a license why did she carry a fake one? Either to get into clubs or this girl was in something fishy.

Talk about luck.

 

[CdwJava]

Carrying a phony ID to get alcohol is not uncommon.

Mom can still make a claim for insurance and consider a lawsuit. A lack of a criminal prosecution does not preclude civil action.

 

[Slay2055]

Her real driver's license says she's 21. Just a year older than me. So it must be something deeper than that.

Mom can still make a claim for insurance and consider a lawsuit. A lack of a criminal prosecution does not preclude civil action.

That's what I'll do. Thank you for offering good advice and knowledge. Same thing can't be said for everyone else.

 

[Zigner]

That's what I'll do. Thank you for offering good advice and knowledge. Same thing can't be said for everyone else.

Oh, you mean the "everyone else" who told you exactly the same thing that you finally decided was correct?