If there was ever an example of how NOT to handle being pulled over for suspicion of DUI, it was in full force and effect on the evening of May 23, 2011 during Estella Warren’s detainment. It is alleged that Ms. Warren leisurely cruised into the sides of three cars, battered a uniformed law enforcement officer, and ultimately pulled a Houdini out of her handcuffs at the police station and made a break for it (honestly, how the hell does that happen?). Though I don’t necessarily advise that an individual detained for suspicion of DUI simply agree to perform all exercises and tests requested by the officer, I’d say Ms. Warren has made it a touch more difficult for her legal beagle.
Were Ms. Warren to be charged in Florida, depending on her indications of impairment, she would be facing charges under Florida’s DUI with property damage statute, found at 316.193(3)(c)(1). Charges under this statute subject her to the possible following penalties: Adjudication of Guilt (formal conviction), up to 9 months in jail depending on her breath test or 12 months probation, 50 public service hours, fine potentially up to $2000 depending on her breath test, suspended driver’s license from 180 days to one year, 10 day vehicle impoundment, DUI school and Victim impact panel, and lastly the possibility of having to blow her car started with an ignition interlock device depending on her breath test.
All of those sanctions sound horrible but she still has bigger fish to fry. Were Ms. Warren in Florida and convicted of all alleged, she could be going to her very own Planet of the Apes (for those of you that don’t know, Estella Warren starred as “Daena” in the 2001 version of Planet of the Apes) care of the Florida State Penitentiary. Due to Ms. Warren’s slap fight with Officer Friendly, she would be facing battery on a law enforcement officer (assuming she knew he was a LEO), a third degree felony punishable by up to 5 years in the State Penitentiary.
There would be an accompanying charge of resisting arrest without violence due to Ms. Warren slipping out of her handcuffs. This would be classified as a first degree misdemeanor, punishable by up to 11 months, 29 days in prison. Because Ms. Warren ran from the officers she would finally be charged with fleeing to elude, a third degree felony punishable up to 5 years in State Penitentiary.
It will certainly be interesting to see how California handles these allegations. If you’ve been charged with a criminal offense in the Tampa Bay area, contact the attorneys at The Mayberry Law Firm today for a free consultation. Give us an opportunity to protect your civil rights. We’re available to you 24 hours a day, 7 days a week.