State v. J.D., Case No. 18-MM-2605
Our client was accused of “becoming belligerent” by the police while they were questioning her about who was driving a vehicle that was allegedly involved in a DUI traffic crash. The police claimed they “smelled alcohol” and that she tried to walk away from them after they instructed her not to. Either the police don’t know the law or they just didn’t care — because it is not illegal to raise your voice after you’ve had a few drinks and then walk away from the police when your not being legally detained. Our client was not under arrest and did not want to speak to the police about this alleged vehicle crash that took place near her home. She exercised her right not to be cooperative with the police and they arrested her for it. We promptly pulled the most significant, recent and on-point Florida case law and sent it over to the prosecutor on the case and after a long conversation with her about the case, she agreed to file the appropriate paperwork indicating that both charges were dropped.
Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties