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Last year, Tampa Bay Buccaneers linebacker Cato June was arrested for driving under the influence.
Today, a judge in Florida dismissed the charges based on a perceived lack of evidence.
The key for June (and for any other guy or gal who hopes to beat a similar rap in the future) was to refuse to submit to a breathalyzer test. Absent what could have been a result in excess of the legal limit of 0.08 percent blood alcohol content, the state didn’t have enough proof to prove impairment beyond a reasonable doubt.
In some states, refusal to submit to a breathalyzer test nevertheless results in an administrative suspension of the driver’s license. We’ll leave it to the Florida lawyers in the crowd to leave their two cents on the state of the law in the Sunshine State.
April 14th, 2008 at 9:37 pm
that’s true in FL, too. he’ll have his license suspended for the refusal, if it hasn’t been already. still worth it.
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April 14th, 2008 at 10:20 pm
Yeah you get a 1 year suspension, but after 6 months you get a hardship exemption to drive to and from work.
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April 14th, 2008 at 10:40 pm
I’m dealing with that nonsense right now. In Tampa. Depends on how bad off you are when you’re pulled over I guess. I blew over and still beat it, but I wasn’t over by much. If you know you’re gonna fail it, which I didn’t, then probably you should pass. It is a year suspension though for refusing no matter what happens with the charges.
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April 14th, 2008 at 10:47 pm
The 2007 Florida Statutes
Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter
316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.–
(1)(a)1.a. Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test.
“”The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.”"
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April 14th, 2008 at 11:18 pm
Just think, calling a cab would have saved this discussion for football related items.
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April 15th, 2008 at 8:43 am
Way to go D-1/ Hope you never kill anybody. You won’t beat that.
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