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11/30/2010 - Posted by:
MUSCA LAW PA
Phone: 800-542-5384
Alt. Phone: 800-687-2252
Fax: 866-687-2288
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Local Realtor Arrested for 3rd DUI Offense, Involved in Serious Crash, Blood Draw Produces. 193 Result.

Our client was involved in a serious head-on collision that required one passenger in the other vehicle to be airlifted to the hospital and the other passenger to be transported by ambulance. There was an estimated $15,000 in vehicle damages alone. While being treated in the ambulance, the EMT alerted an officer that our client had the odor of alcohol on her breath. After admitting to the officer that she had been drinking, he asked for a blood draw to test how much she had been drinking. Our client initially refused, but after being informed that a refusal would result in a one-year suspension of her driving privileges, she consented to the blood draw. After obtaining a legal sample, a test revealed a single result of .193, over twice the legal limit. RESULT: After already successfully restoring the client’s driving privileges, we filed a Motion to Suppress. The motion challenged the validity of police producing only one blood test result when two are required by the Florida’s administrative code. The motion also attacked the officer’s lack of probable cause to believe our client was driving under the influence. Our diligent efforts forced the prosecutor to drop all charges. DUI TOTALLY DISMISSED!
 
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