Florida DUI Lawyer Blog

According to Broward DUI attorney William Moore, Ozzie Conseco is the identical twin brother of Jose Conseco, the former Major League Baseball Player. Ozzie also participated in professional baseball, playing in 24 games in with the St. Louis Cardinals and the Oakland A’s in the early 1990s. He has also played in Japan and in other leagues in the United States. Ozzie was selected by the New York Yankees in the second round of the 1983 draft. His brother Jose hit more than 400 career home runs while playing in the major leagues, notes sports buff and Fort Lauderdale DUI lawyer Moore.

Ozzie was recently arrested in Florida for DUI, according to media reports. His BAC was reportedly between 0.108 and 0.109. Initial news reports make no mention of a crash associated with the DUI arrest, notes Broward DUI lawyer Moore.

Ozzie Conseco has been previously arrested in Florida twice before, although never previously for drivind under the influence. In 2003, police pulled him over due to “bad tints” (windows tinted darker than the law allows) and determined that he was driving with a suspended license. When law enforcement officials searched his car, they found an illegal steroid, along with a syringe. Ozzie spent four months in jail as a result of the incident.

On the night of Halloween in 2001, Jose and Ozzie Conseco were both arrested following an incident in Miami Beach. The pair got into a fight with tourists visiting the area from California. The dispute turned physical. The tourists suffered injuries as a result of the fight: one required numerous stitches on his lip, while the other had a broken nose. Both of the Conseco twins pleaded guilty to felony aggravated battery charges, although neither was required to spend any time in jail. Ozzie Conseco was sentenced to 18 months of probation, anger management classes, and 200 hours of community service.

First DUIs in the state of Florida, where the defendant is convicted after a trial or pleads guilty, do not usually result in time in jail, although there are exceptions. Aggravating circumstances, DUI arrests in other states, injuries, accidents, and the like can result in harsher sentencing in some instances.

Driving under the influence, as the name implies, usually actually involves driving. But Fort Lauderdale DUI lawyer Moore says that literal driving is not a requirement for the state to prove the a DUI charge. The Florida law that governs drunk driving, Fl. Stat. Section 316.193, requires only that the driver be in "actual physical control" of the vehicle. Most states have a similar or identical standard, which has tended to be construed rather broadly.

Surprisingly, Broward DUI lawyer Moore says that actual physical control may include just simply sitting in the driver’s seat in some instances. The car does not necessarily even need to be turned on. If the keys are in the ignition or even within reach, such as within the pocket of the person sitting in the driver’s seat, as well as other circumstances, law enforcement agents and the courts may consider the defendant to have been in actual physical control of the vehicle.

A driver -- or “driver,” as the case may be -- also does not need to necessarily be out on the road in order to be charged with DUI. Sitting in a car in a driveway, on private property, can still potentially subject the individual to a charge of driver under the influence so long as the law enforcement officer had a reason to investigate the situation. For example, if police were called to the home to sort out allegations of a domestic altercation, the situation could arise where one partner goes to the car to cool off. The police might also initiate an investigation if they see suspicious activity that warrants their attention, says Fort Lauderdale DUI lawyer, such as a person passed out in a car who may need medical attention.