According to the Hernando Today, a Hernando County woman told police that she was chasing a dog with her vehicle, when she allegedly “hydroplaned on a puddle left by a sprinkler” which caused her car to crash into a concrete pole.
As is customary in a crash investigation, Florida law enforcement immediately investigated whether or alcohol or drugs impacted the woman’s ability to safely drive. Police smelled alcohol on the woman’s breath and asked the woman to do field sobriety tests. Police determined that she was under the influence and took her to jail. Blood tests revealed a BAC of .08 and .87- just slightly above the legal limit of .08.
There are many defenses available in close cases like this. Depending on how she performed on the field sobriety tests, a skilled criminal defense attorney could move to get the blood test suppressed, leaving the prosecution with little evidence at trial. In addition, statements given to police by the women could also be suppressed if they were given during the accident investigation portion of the interrogation. Statements given to police during accident investigations are not allowed to be used in criminal court against a defendant. This is called the “accident report privilege”. Once law enforcement advises the defendant that they are conducting a criminal investigation though, statements made can be used in court against them.
Comments about this post can be directed to Hernando County DUI attorney Whittel & Melton, LLC at 866-608-5529 or online.