Fitzgerald v. State

Florida Circuit Courts

Fitzgerald v. State

45 Fla. Supp. 2d 10

CourtCircuit Court for the Judicial Circuits of Florida

DecidedFebruary 11, 1991

DocketCase No. 90-0024 AC (A) 02, Lower Court Case No. 89-35527 TC A08

StatusPublished

This text of 45 Fla. Supp. 2d 10 (Fitzgerald v. State) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitzgerald v. State, 45 Fla. Supp. 2d 10 (Fla. Super. Ct. 1991).

Pincite

Opinion

OPINION OF THE COURT

COLBATH, J.

The Florida Legislature made clear, when it enacted Section 316.193, Fla. Stat., that persons convicted thereunder shall be responsible for all consequences attendant thereto.

Under that statute, it is a violation of the law to operate a motor vehicle with a blood alcohol level of 0.10 percent or higher. The blood alcohol level of a pedestrian victim is of no consequence.

It is uncontroverted that Appellant was operating her motor vehicle [11]*11with a blood alcohol level of 0.13. A miscreant driver cannot benefit after injuring a pedestrian who happens to have a higher blood alcohol. Neither can a criminal court apportion financial responsibility under such circumstances, Stewart v Florida, — So.2d —, 15 FLW 2194 (Fla. September 7, 1990).

Accordingly, the trial court is affirmed. LUPO, STEWART, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI