Broward DUI Lawyer Blog

West Palm Beach sheriff's deputies recently arrested a man who they believe was driving drunk while his 12-year-old son was in the car with him, The Palm Beach Post reports.

Now the man faces not only a charge of driving under the influence, but also a charge of child neglect.

This case is odd because the traffic stop wasn't initiated by police, but by a fellow motorist who called police to alert them about the driver. Florida, like many other states, has begun encouraging drivers to call 911 if they suspect another motorist could be breaking the law -- sort of a citizen police initiative.

But the scary thing is that motorists aren't trained to detect drunk driving, yet police are counting on them to spot drunk drivers. Spotting a West Palm Beach DUI is more difficult than the average person might suspect.

For one, a person swerving could simply be distracted. Most drivers have cell phones ring when they're in the car and may fumble to reach it. Women may apply makeup while driving and men may fumble with the radio dial. While none of these things are good, they can explain poor driving habits that can be mistaken for driving under the influence.

Secondly, police must have proof of a driving violation in order to make a stop. So, if a motorists calls 911 to report a vehicle was speeding and switching lanes without their turn signals, which are violations, but police don't witness it, they shouldn't making the initial traffic stop. Probable cause can become an issue.

In this case, the 50-year-old West Palm Beach man was arrested after being pulled over near Okeechobee Boulevard and Haverhill Road. The driver spotted him at Belvedere and Drexel roads.

When police pulled the man over, he initially claimed that his son needed medical attention due to illness. But the boy denied that with a head shake and a "look of embarrassment on his face," a police report states.

The man then allegedly told deputies that he and his son were on their way to install a raccoon trap. Police noted that he didn't smell of alcohol, but appeared "sluggish" and "dazed." The newspaper reports that he told deputies he takes Xanax, Roxycodone and Methadone.

Drug DUIs are much more complex than alcohol-based DUIs and police are far less prepared to handle them. Police get extensive training on how to detect when a person has been drinking and driving, but less than 1 percent of officers worldwide have been trained to detect when a person is under the influence of drugs and driving. We question whether such training is legitimate anyway.

Drugs, even prescriptions, can have various effects on a person and how they operate a vehicle. That's why you see many commercials that tell people not to operate heavy machinery after taking the medication. People use painkillers, allergy medications and psychiatric drugs every day to help them with various conditions. And they must drive, so it's a natural combination.