Golf legend Tiger Woods says he’s stepping away for a time period to hunt therapy following a rollover car crash in Florida late last week.
The assertion got here hours after he pleaded not responsible Tuesday to DUI fees associated to the incident close to his house in Jupiter Island.
Woods has been concerned in 4 automobile incidents since 2009. He was arrested as soon as earlier than for DUI however confronted restricted penalties.
In his assertion, Woods stated he’s dedicated to therapeutic, however his authorized future after the newest crash is much less sure, particularly due to his alleged refusal to undergo a urine test.
NCS spoke with Lawrence Meltzer, an lawyer who focuses on DUI instances with Meltzer and Bell, P.A. in West Palm Beach, Florida, about Woods’ newest incident. Meltzer is just not concerned in the case.
Woods is charged with driving underneath the affect with property harm and refusal to undergo a lawful test, each misdemeanors.
He was arrested Friday when a Martin County sheriff’s deputy administering a area sobriety test at the crash website “believed that Woods’ normal faculties were impaired, and he was unable to safely operate the motor vehicle,” in accordance with the affidavit in the case.
A breath test taken at the Martin County Jail registered 0.000 on each samples, indicating no alcohol was detected, the affidavit says. But Woods additionally refused to submit a urine test to find out the presence of chemical or managed substances, the affidavit stated.
Woods’ crash has drawn consideration to a brand new Florida legislation that will increase penalties for impaired driving instances.
Trenton’s Law, which took impact in October, requires the suspect be advised that his or her failure to submit a breath or urine test throughout a DUI arrest is a first- or second-degree misdemeanor.
Additionally, it requires a felony penalty to refuse a breath or urine test throughout a DUI arrest. Failure to supply a pattern leads to the suspension of the driver’s license and a minimal of 30 days in jail.
Trenton’s Law “absolutely” applies to Woods’ crash Friday, Meltzer stated.
Florida operates underneath an Implied Consent Law, which says by driving in the state, you might be consenting to breath, urine or blood exams if you’re lawfully arrested for allegedly driving underneath the affect. As of final yr, refusing a urine test for a suspected DUI is a second-degree misdemeanor for a first-time refusal – punishable by as much as 60 days in jail and a $500 tremendous – along with an automated one-year driver’s license suspension, Meltzer stated.
Woods was knowledgeable about the Florida Implied Consent Law however “still refused to provide the urine test,” in accordance with the affidavit. He was advised he might change his thoughts at any level throughout his time at the jail however by no means did, the affidavit stated.
Next, Woods can apply for a waiver listening to and get what’s referred to as a hardship license by enrolling in DUI college. If granted, he would obtain a Business Purpose Only license to carry out solely needed duties, Meltzer stated.
Woods’ refusal to submit a urine pattern might hurt him if the state goes ahead with the fees in opposition to him, Meltzer stated.
“The refusal is indicative of guilt,” he stated. “They can use it as evidence of guilt.”
However, as a result of Woods didn’t consent to a urine test, if there isn’t any different proof he was driving whereas impaired on a particular drug, the district lawyer’s workplace could have a tough time proving the DUI case, Meltzer stated.
“Can they go forward without having any evidence of what the substance is? Meaning, they have no alcohol, and then technically they have no drug.”
If the state decides to not proceed with the DUI cost, Woods may be supplied a deal to plead responsible to the refusal cost, which doesn’t carry as many penalties as the DUI cost, Meltzer stated.
In November 2009, Woods pulled out of his driveway close to Orlando early one morning and struck a fireplace hydrant, then a tree. He advised Florida State Police the crash was his personal fault and he was cited for careless driving.
Woods pleaded guilty to reckless driving in 2017 after he was arrested in Florida on Memorial Day underneath suspicion of driving underneath the affect. Police had found him stopped on the aspect of the street along with his car nonetheless operating.
Woods said he had an “unexpected reaction to prescribed medications” for again ache and a sleep problem, relatively than a response to alcohol. His 12-month probation was contingent on finishing really useful therapy, together with DUI college, 50 hours of group service and random drug and alcohol testing.
During that arrest, he complied with a breath and urine test, however nothing from that case might be admissible on this one, Meltzer stated.
“This case would be tried in a vacuum,” the lawyer stated.
He added, nevertheless, that the earlier arrest might play a task in sentencing if Woods have been discovered responsible throughout a trial.
“The judge could then refer back to his previous accusation, because he was in fact arrested for driving under the influence, but ultimately pled down to reckless driving,” Meltzer stated. “It’s a factor at sentencing for purposes of the judge rendering an appropriate sentence.”
The 2021 rollover crash that critically injured Woods outdoors Los Angeles was ruled an accident and investigators didn’t pursue fees in opposition to him. “This remains an accident. An accident is not a crime. They do happen, unfortunately,” Alex Villanueva, who was the sheriff of Los Angeles County, stated at the time.
Meltzer careworn Woods is harmless till confirmed responsible, like some other defendant.
Based on his expertise and the proof accessible to date, nevertheless, Meltzer stated he doesn’t imagine Woods will see jail time on this case.
Woods would even be handled like some other defendant if the case have been to go to trial, Meltzer added.
“I don’t think they would alter the manner in which they prosecute based on who a person is,” Meltzer stated. “I think they will treat him like John Smith, like any other citizen, and do what is legally required of him and what they are ethically permitted and able to do,” Meltzer stated.
Woods’ subsequent courtroom listening to is May 5.