A Florida lawmaker is considering tightening up the state’s DUI laws during the next legislative session beginning in March. Fox 4 reports that Representative Matt Caldwell alluded to his intention after learning about a controversial incident in Lee County during which a police officer escaped prosecution and punishment for DUI, likely on a technicality.
Lee County deputy Patrick Milosevic was arrested for DUI when he slammed his patrol cruiser into a parked pickup truck. He subsequently failed his field sobriety test, and witnesses noted he could barely walk and “When he walked around the back of his car he stumbled over himself and fell on the ground.”
Despite his visible intoxication, Milosevic avoided a DUI charge by refusing to take a urine test and refusing to allow a drug recognition expert perform an examination. An initial urine test was compelled by the sheriff and showed substantial amounts of narcotics were present in Milosevic’s system; however, this evidence was found inadmissible at trial because the suspect had not consented to the initial test. Subsequent tests were refused, and the State Attorney’s office did not pursue the matter because they did not possess sufficient evidence to convict.
Representative Matt Caldwell expressed concern with this decision, stating “It sounds like there’s a loophole in the current law regarding the use of narcotics and being under the influence of narcotics while you’re driving.” He later added that “we need to update [the law] for the problems of narcotics use that’s what we need to take care of.” Representative Caldwell has indicated that he may bring up the revision of existing DUI and narcotics law during the next legislative session.
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