Florida Man Cleared of DUI Charge
Lakeland, FL (Law Firm Newswire) October 3, 2012 - A forty-year-old South Florida man, a former South Beach club owner, was cleared of a DUI charge on Monday, though he still faces a reckless driving charge.
His attorney has stated that the dismissal of the DUI charge was a huge victory.
Standard police vehicle and arrest videotape, which showed the accused going through the standard inebriation testing procedure with police when he was arrested, was instrumental in getting the man’s charge dropped. In the video, the man is shown removing his socks and emptying his pockets before being patted down by the officer. Additionally, x-ray images of the man’s ankles revealed that he had metal implants in his ankles and lower leg area.
These implants were acknowledged to be a potential impedance to his ability to freely perform a walking test, and appear to move with a normal gait. The medical devices were found to have more than likely caused him to walk in a manner not unlike someone under the influence of drugs or alcohol, even though he himself may not have been.
“No matter what the appearances are in the case of a DUI charge, no one is guilty until they have been proven to be so in a court of law,” said Polk County DUI attorney Thomas Grajek.
The former club owner was stopped by police in February, while driving a black Jaguar in a manner that allegedly alerted police to the possibility that he might be under the influence. When they asked him to participate in certain tests, they reported that his mannerisms did not appear to be those of a sober individual. He refused to take a breathalyzer test. Police did not know that he had metal implants in his ankles and shin at that time, so he was arrested.
While he was ultimately not charged with DUI, it was found that he must pay a fine, perform a number of hours of community service and attend driving school for reckless driving.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
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