Jurisdiction: County Court, Broward County, Florida
Location of Incident: Tamarac, Florida
Submitted by: Fort Lauderdale DUI Attorney Michael Dye
- Was Defendant’s admission to drinking taken in violation of Florida Statute 316.066(4) commonly known as the accident report privilege?
- In the event Defendant’s admission to drinking was not taken in violation of the accident report privilege, was Defendant in custody for purposes of the Fifth Amendment?
- Was Defendant’s detention, in excess of one (1) hour, an unreasonable in length thereby constituting a de facto arrest without probable cause?
- Was there probable cause to arrest Defendant for DUI?
- State v. Marshall, 695 So.2d 719(Fla. 3rd DCA 1996);
- McNeil v. State, 656 So.2d 1320(Fla. 5th DCA 1996);
- State v. Arevalo, 112 So.3d 529(Fla. 4th DCA 2013);
- State v. Goddard, 202 So.3d 144(Fla. 2nd DCA 2016).
Result: Motion to Suppress granted. Defendant accepted a plea to the reduced charge of reckless driving in order to avoid the expense and uncertainty of an appeal by the State.