Starcasm can confirm that Welcome To Plathville matriarch Kim Plath’s DUI case in Florida has been closed.
Online court records indicate that the case status was changed to “closed” on Tuesday, February 28. Kim was assessed a sum of $963, which she paid in full on the same day.
A docket entry from February 28 indicates there was an “order placing defendant on probation/community con.” I assume that is probation/community control, but the entry was cut off due to a character restriction.
There has been a public request placed to view the order, but the document is not yet viewable. We will keep an eye out and update once it is available and we know the specific terms of the order.
UPDATE – Public court records have been updated. Starcasm can confirm that Kim entered a plea of nolo-contendere and was found guilty. Here are the details from Kim Plath’s sentencing:
- Driver’s license suspended for 6 months
- Ignition interlock device for 6 months
- Subject to random chemical testing any time day or night at the discretion of probation
- No alcohol, unprescribed medications, or illegal drugs
- Must complete SA evaluation within 30 days and follow all the recommendations of the evaluator
- Complete DUI school
- 9 months of county probation
- 50 hours of community service
Kim Plath DUI arrest recap
The closing of Kim Plath’s DUI case comes a little more than eight months after the 50-year-old reality star crashed her SUV into a ditch in Saint Marks, Florida on June 10, 2022. The SUV was upside-down and the ditch was filled with water at the time.
A police officer on the scene stated that Kim “appeared to be intoxicated and had a strong odor of alcoholic beverage emitting from her breath and person.”
After Kim was taken to a local hospital, she was given a series of tests that indicated intoxication. She told a police officer that she had “two 12-ounce margaritas” before attempting to drive to a friend’s house from her home in Cairo, Georgia.
According to the officer at the hospital, Kim “stated she did not know where she was or what road she was on when the crash occurred.”
Kim consented to a blood test. The results came back in September and indicated that Kim had a blood alcohol content between .161 and .162, which is more than double the Florida legal limit of .08.
Charges were filed against Kim and a warrant was issued for her arrest. Kim turned herself in on October 20, 2022. That’s when the story broke about her DUI. (Starcasm was the first to link the October arrest to Kim’s car accident in June.)
Kim Plath’s DUI court case recap
Kim Plath’s attorney attempted several angles in an attempt to get her off. He argued that there was no probable cause to have a blood sample taken because “an accident and the mere odor of alcohol without more is not indication of impairment.”
Her attorney went so far as to suggest that Kim was “coerced” into taking the blood test. “Ms. Plath only consented to a blood test after being read implied consent warnings,” reads the filing, “and that is what coerced her into taking the blood test.”
The Defense also argued that it could not be proven that Kim was driving the SUV at the time of the crash.
On February 10, the judge in the case denied Kim’s attempt to have the blood test thrown out. That denial was likely motivation for Kim’s attorney to settle the case before it went to trial.
Kim Plath DUI recap from police officer
Below are excerpts from the narrative of Trooper Anthony Moschetto of the Florida Highway Patrol. He is the officer who met Kim Plath at the hospital and had her sign the form agreeing to give a blood test. I have excluded some of the paragraphs with details about the specific tests administered, but most of the rest of his narrative is included.
“At approximately 12:50 AM, I responded to TMH [Tallahassee Memorial Hospital] where I observed Ms. Plath as she was brought into the Emergency Room by Wakulla EMS.
“I observed Ms. Plath had several scrapes/lacerations on the bridge of her nose and facial area. Ms. Plath had dried blood on her face and blood in her mouth. Ms. Plath was in a cervical collar and was sitting up on the stretcher as she was brought in to the Emergency Room. Ms. Plath was conscious, appeared to be in a daze, and had very red glassy eyes. Ms. Plath displayed Ptosis (droopy eyelids) and Mydriasis (dilated pupils). I detected a very strong odor of an alcoholic beverage emitting from Ms. Plath’s breath and person. Ms. Plath had very slow lethargic, uncoordinated movements as she would wipe at her eyes. Ms. Plath would stop approximately 5 to 6 inches from her face and would slowly guide her fingers into the area of her eyes.
“I contacted Ms. Plath as she was waiting to be placed in an examination room. I introduced myself to Ms. Plath and advised her that I was there to investigate a possible DUI offense. Ms. Plath stated that she understood. At 1.00 AM, I advised Ms. Plath of her Miranda Rights, where she stated she understood her rights and she would speak to me. I observed that Ms. Plath had very slow slurred speech.
“I asked Ms. Plath what happened this evening?
“Ms. Plath stated that she was driving from Cairo, GA, by herself, and was headed to a friend’s house south of Tallahassee. Ms. Plath stated she did not know where she was or what road she was on when the crash occurred.
“I asked Ms. Plath how much she had to drink this evening?
“Ms. Plath stated she had ‘2 12 ounce margaritas’ this evening.
“I further asked Ms. Plath how much she had to drink since the crash, and she stated ‘Nothing.'”
“…Based on my training, experience (20 years as a DRE), I determined that Ms. Plath was under the influence of alcohol and was unable to operate a vehicle safely.”
“I asked Ms. Plath if she would submit to a voluntary blood test. Ms. Plath stared off with a blank stare and did not respond. At 1:20 AM, I read the Implied Consent to Ms. Plath, where I requested a blood test. Ms. Plath agreed to the blood test, where she signed a voluntary consent to a blood draw form.”
Judge’s recap of Kim Plath DUI case
Below are the “Factual Findings” in the case, as entered by the judge in his ruling on whether or not Kim’s blood test was admissible. It’s similar to the officer’s narrative above, but the summary is bit better — especially in regards to the legality of the blood test.
“The State called Trp. Anthony Moschetto of the Florida Highway Patrol as its only witness at the evidentiary hearing held on February 7, 2023. Trp. Moschetto testified that he has been a Drug Recognition Expert, Drug Recognition Expert Instructor, and Field Sobriety Instructor since the early 2000s. Trp. Moschetto was the primary investigating officer for this case and spoke with the Defendant regarding her provision of a blood sample.
“Trp. Moschetto testified that another officer, Trp. Edwards, was dispatched to a vehicle crash on June 20, 2022. Trp. Edwards contacted Trp. Moschetto approximately thirty (30) minutes after he was dispatched to the vehicle crash and informed Trp. Moschetto that a Wakulla County Sheriff’s deputy placed the Defendant in actual physical control of the vehicle involved in the crash, which was then located in a ditch. Trp. Edwards informed Trp. Moschetto of the Defendant being in actual physical control of the vehicle, as well as possible impairment due to the odor of alcohol. Trp. Edwards also told Trp. Moschetto that the Defendant was in an ambulance for transportation to a hospital. There was no testimony indicating that another vehicle was involved in the crash or that there were any other occupants of the vehicle than the Defendant. Based on receiving this information, Trp. Moschetto proceeded to Tallahassee Memorial Hospital (hereafter “TMH”) to continue the investigation for a possible charge of Driving Under the Influence.
“Upon arrival at TMH, Trp. Moschetto contacted the Defendant while she was on a hospital bed in the hallway of the hospital, due to how busy the hospital was at that time. The Defendant was in a cervical collar, had scrapes and abrasions on her mouth and face, blood on her hands, face, and shirt, and her clothes were wet. Trp. Moschetto observed that the Defendant had issues wiping her eyes, indicating poor hand-eye coordination. Trp. Moschetto advised the Defendant of her Miranda rights, after which she agreed to speak to him. Trp. Moschetto observed that the Defendant’s responses to his questions were not always appropriate, that she seemed to be “in a daze” and disoriented. Trp. Moschetto also observed the odor of alcohol coming from the Defendant. Based on his observations, Trp. Moschetto performed limited Field Sobriety Exercises on the Defendant, including Horizontal Gaze Nystagmus, during which he noticed indicators of impairment.
“Based on the information provided to him by Trp. Edwards and his own observations, Trp. Moschetto then asked the Defendant if she would submit to a test of her blood for determining its alcohol content or the presence of controlled substances through the use of the Implied Consent Form received into evidence without objection as State’s Exhibit 2. Trp. Moschetto read Section 1. The Defendant did not respond. Trp. Moschetto then read Section 2, the portion indicating that a refusal to take the test would result in the suspension of the Defendant’s driving privileges for a year for the first refusal, eighteen (18) months for a second refusal, and that her refusal could be used against her as evidence in a criminal proceeding. The Defendant then agreed to submit to a blood test.
“Prior to agreeing to conduct the test, hospital staff told Trp. Moschetto that the Defendant would also need to complete a consent form. Trp. Moschetto completed the Consent to Voluntary Blood Withdrawal for Testing form, which the Defendant signed, and was received into evidence without objection as State’s Exhibit 3.”
Asa Hawks is a writer and editor for Starcasm. You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com