A Riverview woman is throwing that whole “taking responsibility” thing out the window. Jessica Nicole Kerns is suing the Florida Department of Highway Safety and Motor Vehicles to overturn a DUI charge resulting from an incident in March in which Kerns was arrested.
According to the lawsuit filed in late May, Kerns was found asleep in her car at about 1:30 in the morning on March 7. Sleeping in a car isn’t typically all that big of a deal, but in this case Kerns was reportedly stopped in the left-turn lane at the intersection of I-75 and Gibsonton Drive.
Her car was reportedly running and in gear and police said they had a difficult time even waking the sleeping Kerns.
She was subsequently arrested for DUI after refusing a breath test.
Instead of realizing it could have been worse, as in she could have been struck by a car while sitting idle in an intersection, Kerns just wants the whole thing to go away.
Who wouldn’t? That’s an embarrassing little tale right there.
Her attorney, Anthony Polumbo III, argues there is insufficient evidence the stop was illegal. He argues the case should be dropped because “the probable cause affidavit submitted was not properly sworn to prior to the hearing.”
Oh, and this wasn’t Kern’s first DUI charge. In 2013 she pled guilty to a lesser charge of reckless driving after being arrested for DUI.
During her latest arrest, Kern’s reportedly asked officers to “cut me some slack” because she “already went through this once.”
If ever there was a good reason to not charge someone with a DUI, it’s because they’ve already gotten one.
Nope, not how the world works.
Chalk this one up to another “oh, Florida” headline.