Police chastised as judge dismisses Fort Lauderdale DUI charge

February 4, 2011

A judge issued a blistering reprimand of the Broward Sheriff's Office in dismissing a Fort Lauderdale DUI charge against a local attorney, the Sun-Sentinel reported.

As we report often on our Broward DUI Lawyer Blog, only about half of those charged with DUI in Florida are convicted in any given year. A Fort Lauderdale defense lawyer should always be called to fight the charges. As this case illustrates, if law enforcement's actions are this poor with an attorney, a local motorist may not stand a chance without the help of a good attorney.
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The judge ruled a member of the DUI Task Force showed "blatant disregard" for the agency's policies during the 2008 arrest. Issues with the arrest as cited by the judge include: That the deputy failed to read the defendant his Miranda rights before questioning him; that the officer "unduly influenced and coerced" him into taking roadside sobriety tests after he refused; and that the officer failed to properly preserve evidence in the case.

Police were called to the scene when the former prosecutor turned defense attorney crashed into a building sign near Federal Highway and Southeast Sixth Street.

The arresting officer knew the audio recording equipment in his cruiser was faulty but failed to have it properly repaired. The recording failed during the officer's interaction with the defendant, prompting the judge to rule the defendant was denied his right to all the evidence in the case.

The sheriff's office refused to comment on the ruling.

Fort Lauderdale DUI Attorney Carlos Canet is an aggressive and experienced drunk driving defense attorney, representing clients facing DUI charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights.