An Offense Committed In An Unsophisticated Manner for Which the Defendant Has Shown Remorse

In State v. Beck, 763 So. 2d 506 (Fla. 4th DCA 2000), the Fourth District reversed a trial court's downward departure from the sentencing guidelines. One of the reasons given for the departure was the section 921.0026(2)(j) mitigating factor. In rejecting that factor the court said: The final ground for departure given by the trial court was that the offense was committed in an unsophisticated manner for which the defendant has shown remorse. In State v. Warner, 721 So. 2d 767 (Fla. 4th DCA 1998), rev. granted, 732 So. 2d 328 (Fla. 1999), this court recognized that given the state's strong public policy against DUI, this reason for departure is not valid. We also note that drunk driving cannot be committed in an unsophisticated manner. Beck, 763 So. 2d at 508.