There is continuing controversy over constitutional infringement regarding breath tests without a warrant. The United States Supreme Court finds that being submitted to a blood test for alcohol abuse is unconstitutional while breath-tests without probable cause remain legal.
The Florida State Supreme Court is preparing to hear arguments about the state law which allows citizens to be prosecuted if they refuse a breathalyzer. Currently, Florida law allows police officers to arrest suspected drunk drivers if they refuse to take a breath test.
Earlier this month, the Supreme Court considered the fourth amendment implications of the administration of breathalyzer tests for suspected drunk drivers. While it is true that in all 50 states there are laws which allow a person's driver's license to be revoked if they refuse a breathalyzer, some states, along with the federal government, have additional laws. These laws include criminal punishment and even jail terms for a person who refuses to take a breathalyzer test.
The Florida State Supreme Court will hear a case from Volusia County that challenges the constitutionality of warrantless DUI breath tests. More specifically, they are reviewing the right to prosecute citizens suspected of drunk driving who refuse to take breath tests.
Excessive drinking and social media are often a recipe for poor decision making, but a Florida woman may have upped the ante on questionable decisions on Columbus Day weekend. Twenty three-year-old Whitney Beall was driving home in Lakeland when she was pulled over by police and subsequently arrested after failing a field sobriety test. Beall wasn't pulled over in a routine traffic stop or sobriety checkpoint, though. Authorities located her via her own declarations on social media.
An officer with a lengthy record of impropriety and complaints in a police force notorious for misconduct was arrested late last month for DUI charges.
If you got pulled over for a DUI in Arizona and the officer asks you to perform the Field Sobriety Tests or (FST) you CAN say no. In Arizona the constitutional rights of an individual prohibit an officer from asking to many questions, denying you to speak to counsel and mandating you to take the field sobriety tests. These tests are not objective like breath or blood tests and are only a test of a drivers balance and dexterity. You DO NOT have to do these tests. You should NOT do a subjective analysis when being questioned for DUI in Arizona.
Tragedy struck early on the morning Wednesday, January 21, when a driver struck two bicyclists who were traveling along the eastbound lanes of Crandon Boulevard near Crandon Park Marina. One of the bicyclists, Walter Reyes, died on the scene. The second bicyclist, Henry Hernandez, remains hospitalized in serious, but stable condition.
Broward Sheriff's Department officers have arrested Mark Jusevic on charges of DUI manslaughter, failure to render aid, and failure to remain at an accident scene involving a death. The charges are in connection to a deadly accident that took place on Sunday, December 20 at a Deerfield Beach bus stop that killed Jamie Lynn Honaker.
The second time is not the charm for South Florida Polo mogul John Goodman. Goodman was sentenced today to 16 years in prison in a re-trial for a fatal accident 2010. He was charged with DUI manslaughter and vehicular homicide. Goodman was originally convicted last month, but the sentence was thrown out after the defense successfully argued that there was juror misconduct.