Impaired driver hits police cruiser during a traffic stop

On January 8, 2021, at approximately 11:00 p.m., Deputy Hernandez conducted a traffic stop on SE 145th Street, in Summerfield. While in his car continuing his investigation, a white Kia Soul passed by at a high rate of speed and collided with Deputy Hernandez’ patrol vehicle.

Deputy Hernandez immediately attempted a traffic stop on the driver of the Kia, Angel Rains (W/F, DOB: 04/18/1965), who continued to drive away for about a mile.

Eventually, Rains turned onto SE 36th Avenue and pulled to the side of the roadway. A felony traffic stop was conducted and contact was made with Rains, who was unaware that she had hit Deputy Hernandez’ patrol vehicle.

Deputy Hernandez asked Rains to step out of the vehicle and noticed numerous signs of impairment. The Florida Highway Patrol was contacted to respond in reference to the traffic accident caused by Rains.

While awaiting the arrival of FHP, Rains admitted to having several alcoholic beverages throughout the evening and night. Rains also stated she did not see or hear Deputy Hernandez attempting to pull her over until she looked into her rearview mirror.

FHP arrived on scene and conducted their traffic accident investigation, as well as a DUI investigation, at the conclusion of which Rains was arrested for DUI with Property Damage and transported to the Marion County Jail.

While it is unfortunate that this incident happened, it serves as a harrowing reminder of the importance of Florida’s “Move Over” law. In this case, Deputy Hernandez was lucky to be uninjured, but far too many emergency workers lose their lives every year due to the failure of motorists to obey this law.

As a reminder, FSS 316.126 states, in part, “If an authorized emergency vehicle displaying any visual signals is parked on the roadside… the driver of every other vehicle, as soon as it is safe:

1. Shall vacate the lane closest to the emergency vehicle… when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle… except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver…

2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.”
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