On behalf of The Law Office of Gustavo E. Frances, P.A.
According to law enforcement authorities with the Boca Raton Police Department, a 35-year-old man from Fort Lauderdale was stopped and arrested on Nov. 27 for allegedly driving under the influence. The man reportedly was arrested at around 3:55 a.m. and was booked into jail at 4 a.m.
The 35-year-old man apparently refused to submit to alcohol or breath testing in order for law enforcement to determine his blood alcohol content. The charges for which he was arrested include DUI and the refusal to submit to a blood-alcohol test. After spending a little over five hours in the Palm Beach County Jail, the 35-year-old man was released from custody.
Many people end up being charged with driving under the influence during the holidays. Law enforcement are often using stepped-up enforcement during these times of the year. Generally, an officer must have a reasonable suspicion that a person has committed a crime or that they are in the process of doing so in order to stop a vehicle without a warrant. In cases such as this one, no moving violations other than the DUI charge itself were filed, so it is possible that the officer who stopped and tested the man may have done so without reasonable suspicion for the stop and investigation. If that is the case, an attorney might be able to seek suppression of the stop and all evidence following it by filing and arguing a constitutional motion on the man’s behalf.
Just because a person is accused of a crime does not mean they have committed one. When a person is charged with a DUI, he or she has a right to defend against the accusations. A criminal defense attorney may help.
Boca News Now, “Turkey: Fort Lauderdale man charged with DUI in Boca“, November 27, 2014