Our client rear ended a vehicle stopped at a red light while travelling at a high rate of speed. After the crash investigation was completed, the deputy on scene called for a DUI investigator, who advised that he was 30-45 minutes away. Rather than conduct the DUI investigation himself, the deputy recruited paramedics in a scheme to trick our client into going to the hospital for a blood draw by creating the impression that he did not have a choice in the matter and that his injuries were more serious than they actually were. Once at the hospital, deputies told our client that they would arrest him if he did not agree to provide a sample of his blood for the purpose of testing its alcohol content. Under duress, our client complied with the deputies’ show of force and provided a blood sample, which revealed that his blood alcohol level was .225, nearly 3 times the legal limit. The Ticket Clinic attorney for Broward County filed a motion to suppress arguing that the deputies had illegally detained him and transported him to the hospital against his will to circumvent time limitations on a DUI investigation. Our attorney further argued that his consent to a blood test was not voluntarily given because he was threatened with arrest if he did not comply. The State Attorney’s Office reviewed our attorney’s motion and agreed with his arguments. Because none of the evidence against our client was lawfully obtained, the State dropped all charges.
DUI & Criminal Division
