A Fort Lauderdale man was arrested by Hollywood police recently on hit-and-run charges involving a motorcyclist on I-95, The Miami Herald reports.
What is possibly the most crucial part of this case for the suspect is the credibility of the witnesses. That is why a zealous Fort Lauderdale DUI lawyer would spend plenty of time during depositions and at trial grilling the citizen witnesses who told police what they saw. As it often happens, lay witnesses can be shaky and their memories can be spotty or fade over time. That's why an aggressive defense is necessary.
According to the news story, the man was driving north on Interstate 95 when he allegedly struck the back of a motorcycle near Hallandale Beach Boulevard. The motorcyclist, who wasn't wearing a helmet, fell of his bike and was taken to Memorial Regional Hospital in critical condition.
Florida Highway Patrol charged the driver of the Kia Sorrento with careless driving, DUI with serious bodily injury and property damage and leaving the scene of a crash with injuries. The story states that witnesses of the crash followed the man as he exited Sheridan Street and detained him until police arrived.
Several things come to mind after reading this article. The first is how they could have charged the man with DUI. There's nothing that says why they believed he was impaired, such as a breath test or any type of field sobriety tests that troopers may have performed.
In Florida, the unlawful blood-alcohol level in Florida is .08 or above and while drivers automatically agree to submit evidence to police if it is needed to determine their sobriety, it doesn't mean you have to give a breath test if you're arrested for DUI. Denying a breath test would result in a charge and a driver's license suspension, but it would also deprive the state of potentially key evidence against you.
The second point is the role of the witnesses in this case. According to the news article, two witnesses of the crash followed the driver as he exited the highway and somehow detained him until police arrived.
What's unclear is what exactly the witnesses saw. It's possible the motorcyclist was riding at a high rate of speed and cut in front of the driver. It's also possible that the driver pulled off the highway to call authorities. But most importantly, the witnesses, who likely were just everyday citizens, play possibly the biggest role in the arrest. It is their words told to troopers that resulted in the man being arrested.
An aggressive defense in a case with so many questions is important in order to bring accountability to the criminal justice system. Don't lay down to the state. Know your rights and fight to protect them.
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.
