By Alexis Sykes
Last month, a Jacksonville police officer was arrested for Driving Under the Influence, also known as DUI. The incident was called in to dispatchers due to strange behavior where citizens suspected the driver was impaired or suffering some other condition. The driver appeared confused and eventually was found passed out behind the wheel of his car while the engine was still running. Police responded and placed the driver under arrest after noticing the odor of alcohol and other signs of impairment.
The first step in defending a DUI is determining whether there was reasonable suspicion for the police to conduct an investigatory stop and subsequently to request field sobriety exercises. In this case, the calls from concerned citizens were sufficient to warrant police investigating to see if the driver needed medical assistance or if he was an impaired driver. The odor of alcohol and other signs of impairment support the police asking for the driver to submit to the field sobriety exercises. The next step in defending a DUI is to determine whether there was sufficient evidence to justify an arrest. The Defense can certainly argue that there were other factors that could have made him appear impaired such as a medical episode/condition or sleep deprivation. The Defense can also attack the methods used to determine impairment where some of the tests are simply difficult for any person to complete even if they are sober.
If a Court still finds that there is probable cause for an arrest or a jury determines that there is sufficient evidence to prove guilt, the next step for the Defense would be providing mitigation for a lesser charge or sentence. Mitigation in this case may include PTSD or evidence of vicarious trauma that the officer may have suffered due to his line of work. Evidence shows that many police officers suffer mental conditions due to the work they endure and therefore some will cope with alcohol. This could be a mitigating basis for treatment in a diversionary program or probation to do treatment on a lesser charge. As a law enforcement officer, this driver must be held to a high standard and treated equally to everyday citizens, however, the years of positive service to the community will always count as a factor for consideration in defending this officer as well.
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.