Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: DUI

A Hillsborough County Sheriff's Deputy followed the client for over a ½ mile with his overhead lights on before he stopped. After the stop the driver (client) admitted to having a beer and a drink before driving. When the client was pressed by the officer he told him that the passenger could drive him home because she had a valid driver's license. The Deputy observed the passenger to have a ½ filled margarita on the passenger floor board next to her. The deputy then observed an open container of Cognac Salignac 200 ml. 40% alc/vol next to the driver door on the floor in plain view.

A Critical Mistake for the Prosecution

A special DUI Task Enforcement Officer was called to the scene. Before he exits his vehicle to begin a potential investigation the DUI officer usually turns on a video camera that is fixed inside his vehicle. He also turns on his mic so the encounter between himself and the suspect can be recorded. If he arrests the suspect it is going to be important for the officer's report to mirror the events on the video. Here, the officer failed to turn on his mic so while you could visually watch the defendant (client) perform tests you could not hear the deputy's instructions or any statements the defendant made.

Why is this a critical mistake for the prosecution? Field sobriety exercises require proper instructions. You can't judge someone's performance unless you know whether he has been properly instructed. What you can see of the client's performance does not indicate impairment per se. The audio may have revealed slow, slurred responses to the deputy's instructions or it may have revealed quick accurate responses. Without the audio it is impossible to know. There are many steps involved in conducting a thorough investigation of a DUI charge. Any mistake can create a hole in the investigation that would force any jury to find in the defendant's favor. The ultimate resolution of this case was greatly affected by this mistake. If you have questions about whether the police officer took the proper steps in your criminal investigation call us at 813-228-7095 or link to us at Tampa Criminal Attorney.