Judge: Woman unfit to care for horse after DUI while riding

BARTOW, Fla. — A Florida judge says a sheriff's office must retain custody of a horse whose owner was charged with drunken driving while riding the animal.

In a report by The Ledger , Polk County Judge Sharon Franklin said 53-year-old Donna Byrne was unfit to care for the horse. Franklin also said Byrne must complete treatment for alcohol addiction.

Whisenhunt questions whether the charges applied to Byrne, saying she had not been disorderly and was a pedestrian under the law.

Byrne was arrested Nov. 2 after riding her horse down a highway. Police said her blood-alcohol level twice Florida's legal limit.

Byrne's attorney, Craig Whisenhunt, says he will revisit the custody issue at a Jan. 11 hearing regarding additional pending charges of disorderly intoxication, animal endangerment and culpable negligence.

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Information from: The Ledger (Lakeland, Fla.), http://www.theledger.com