If you are ever stopped for a driving under the influence (DUI) check anywhere around Tampa, the following story might suggest to you what not to do. The main lesson is not to talk too much and get yourself a DUI attorney before you inadvertently provide evidence which can be used against you later in court.
The account of Robert C. Trosten’s arrest, as reported in the South Florida Sun-Sentinel, might seem funny to the sober reader, but a DUI charge is not funny and state troopers and the Florida Law Enforcement Agency do not think it is funny either.
44 year old Trosten was stopped after he had crashed his car on Tuesday this week, late at night. The trooper’s report described Trosten’s appearance as having all the hallmarks of being affected by too much alcohol: slurred speech, bloodshot eyes and a strong smell of alcohol on his breath. But it was what he said to the trooper that could and would be used later against him as it certainly didn’t indicate someone who was sober.
He apparently asked the trooper if he could contact a police detective from Bradenton who could help him out. He was then alleged to have offered the trooper $1,000 to let him go, saying he would do anything to be allowed to leave. His third comment, according to the trooper’s statement, was that the federal Government would not be pleased about an arrest, as he was an important figure. He was also alleged to have said that the news would be all over the newspapers; his son would start crying if he couldn’t get home quickly and he also had a plane flight to catch the next day.
Whatever he did or did not say, it didn’t affect the field sobriety tests which were carried out on him after his speech. He apparently failed the series of tests and was taken to a police station where two breathalyzer tests were taken. The tests showed a blood alcohol content (BAC) of between 0.198 and 0.213%. If the tests were accurate, then this would have indicated a BAC of between 2 and 3 times the adult non commercial driver limit of 0.08%.
There is, of course, only one safe way not to be arrested for DUI and that is simply not to drink and drive or take drugs and drive if the drugs are likely to affect the way you drive. However, there are some situations when even if you have not been drinking or taking drugs you may still be stopped and tested for DUI. Anything you say or do can and will be used as evidence that you were affected by alcohol or drugs, even if tests later show up negative. It might seem unlikely, but on numerous occasions across Florida, police sobriety tests can be so subjective that a sober driver can appear to be DUI and arrested. Even chemical tests for alcohol can be tainted or simply not carried out according to correct protocol and an innocent driver can end up being charged.
Whatever the circumstances, whether you have or have not been drinking, it pays to keep calm and cool. Be polite and cooperative with the officer(s) who stop you. Try and remember as much as possible about the proceedings, as little details may help you later on if you are, in fact, charged with DUI. Most importantly, try not to say anything, except to make short responses to questions which the officers might ask you. If you have a medical condition or have been taking medications it is fine to mention this clearly, but don’t labor the point and make out like Mr. Trosten that this should get you off the hook.
As soon as possible, arrange to speak to a DUI defense attorney, as he or she will be able to assess your chances of defending yourself successfully. This will depend entirely on the circumstances, so keeping quiet is one way to help your own defense.
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