On August 25, 2012, Tampa police officers responded to the scene of a single vehicle crash. The officers completed a reconstruction of the crash. The officers found a pre-impact skid mark revealing that the motorcycle was traveling north on 40th St. in the inside lane when the rider apparently did not perceive the approaching rotary. After skidding, the motorcycle impacted the edge of the concrete median and then went directly into the center of the rotary. There were two metal street signs with arrows warning of the approaching rotary that were sheared off and had been impacted by the motorcycle. The motorcycle came to rest inside the median of the rotary, near the north side. No helmet was found at the scene and the officers were advised by the paramedics that the motorcyclist was not wearing a helmet. The motorcyclist was identified by a witness as the Defendant. The Defendant had been transported to Tampa General Hospital prior to the officer’s arrival with injuries deemed to be serious and life threatening. The officer then responded to Tampa General to obtain a condition report on the Defendant. A Tampa Fire Rescue officer notified the officer that while treating the Defendant, she noticed the odor of an alcoholic beverage. A blood test was conducted on the Defendant pursuant to Tampa General Procedures. The Defendant’s condition quickly deteriorated due to the massive amount of blood loss. The Defendant was rushed into emergency surgery so a legal blood draw could not be completed by the officer. The officer notified the State Attorney’s office requesting a subpoena be done for the results of Tampa General’s blood test. The results were then subpoenaed and provided to the State Attorney’s Office. The results for the test were .254. A DUI charge was then issued against the Defendant. Results: The firm raised several issues with the crash investigation and the blood results to the State Attorney’s Office. As result of our negotiations, the DUI charge was dropped.
DUI & Criminal Division
