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DUANE BOURNEThe accused woman ended up in a collision in front of her house. Besides being hurt, she feels embarrassment.
SPRING HILL- On Wednesday, a 45-year-old Spring Hill woman maneuvered her motorized wheelchair before Hernando County Judge Peyton Hyslop to answer a charge of driving under the influence.
The charge against Cynthia Christensen stems from Sept. 21, 2003, when her battery-operated Hoveround, which travels about 3 mph, struck a van driven by Nancy Lebron, 58, in front of Christensen's mobile home at 7414 Sealawn Drive, according to a Hernando County sheriff's report.
In December, months after Christensen submitted to a blood test at Oak Hill Hospital, a sheriff's deputy had returned to her home with news that she registered a 0.12 blood-alcohol level, exceeding the legal limit of 0.08
"I was so embarrassed," said Christensen of her court appearance. "People were laughing at me. Judge Hyslop said it was the first time he has heard of something like this."Christensen's problems began on a clear Sunday afternoon when she and her fiance, James Woodrow, were having a cookout, drinking beer, eating prime steak and watching the Buccaneers beat the Atlanta Falcons.
After recharging the wheelchair, the couple decided to talk in the front yard. Christensen said as she maneuvered down the driveway at about 7:41 p.m., her wheelchair sank in a swath of fine sand. Frustrated, she said, she fiddled with the joystick for a minute to get the wheelchair to solid ground.
Without warning, the wheelchair hopped a 4-inch lip at the edge of the yard and entered the roadway, where Christensen collided with Lebron's 1992 Ford, traveling east on Sealawn Drive at about 30 mph, the report said.
"I was not even one foot from the curb," said Christensen, who moved with her fiance from Hollywood 11 months ago. "I was popped pretty good."
After the collision, an ambulance drove Christensen to Oak Hill Hospital. In the emergency room, nurses gave her nine stitches to close the gash on her right toe.
According to the report, the sheriff's deputy smelled alcohol on Christensen at the scene. Suspecting she may have been under the influence of alcohol or prescription medications, Oak Hill nurses drew her blood and sent the sample to the Florida Department of Law Enforcement laboratory to complete the toxicology exam, the report said.
Christensen acknowledged that she did not think much of it when they told her she would receive the test results in a few weeks.
The next day, Lebron's husband, Emilio volunteered to drive Christensen and her fiance home from the hospital.
"He was just trying to make sure that I was okay," said Christensen, her voice quaking as she tried to hold back her tears. "I didn't think anything was going to happen."
That was until Dec. 8, when she was greeted by a knock on the door. It was a sheriff's deputy issuing a summons for Christensen to appear in county court. She had registered a blood-alcohol level over 0.08 percent, the legal limit.
"I freaked out," said Christensen. "It was not like I was riding down the road drunk. I can't even drive. I am very upset."
She was upset not because there was an accident, Christensen said. Her recent injuries have slowly healed. But Christensen said she is taking pain treatment for injuries suffered in an accident in Hollywood three years ago.
"It was worse because I was put in this wheelchair because of another accident," Christensen said. "I never thought something like this would happen."
She said drank four beers that evening but does not remember taking her prescribed dosage of Percoset earlier that day.
"This is ridiculous," she said.
Woodrow, her fiance, echoed her comments.
"It's the dumbest thing I have ever heard," said the 46-year-old unemployed carpet layer, who said his left arm has been paralyzed after he was assaulted in Hollywood in 2002.
"It's just stupid," he added. "It's battery-powered like one of those scooters that they are trying to stop people from riding. It's not motorized. "
Under Florida law, a motor vehicle is defined as any self-propelled vehicle, including a bicycle, motorized scooter and an assistive mobility device.
"At first blush, it appears to meet the definition in the statute," said Assistant State Attorney Pete Magrino, whose office is handling the case. Magrino said Christensen's wheelchair might be considered a mobility device.
The State Attorney's Office does not track the circumstances of specific DUI cases, but Magrino said Christensen's case is unusual.
"It's a good one," he said, "but how often do you have a DUI on a bicycle?"
Florida Highway Patrol Lt. David Apgar said that in his 27 years with the agency, he has heard of people driving lawn mowers and garden tractors while being impaired.
"I am not sure about wheelchairs," said Apgar. "It's in the law, anyone who is driving a vehicle can be considered impaired."
Following her firstappearance earlier this week , Christensen must wait to hear prosecutors choose to keep the charges. She is scheduled to return to court for her arraignment on Feb.2.
If convicted, she could face fines and no more than six months in jail.
"I hope they will drop it," she said. "It does not make sense."
- Duane Bourne can be reached at 352 754-6114. Send e-mail to dbourne@sptimes.com