BOGUS D.U.I. TRAFFIC TICKET CHARGES IN FLORIDA

As much as we would all like to think that law enforcement officers are not out to get law-abiding citizens on bogus charges, we all know that sometimes that just isn’t the case. If you get arrested for a DUI, most people will assume that you must have been drinking and must have been over the legal limit to drive. However, Florida DUI lawyers know that is not always the case with their clients. People do get arrested for DUI’s when they should not have been. There are a few factors that cause this to happen. First, cops who arrest people in Florida for DUI, get a lot of overtime for court appearances, depositions and other related time. Second, even though there is no law against drinking and driving (assuming you are under the legal limit of .08 and not impaired), cops make up their own laws. In their view, it is illegal to drink anything and drive. Lastly, people make the mistake of thinking that the cops are their friends. This might be the case if you get mugged, but not for DUI. When a cop pulls you over and smells booze, all he is thinking is how can he get you to incriminate yourself so he can arrest you. Here is another crazy situation below.

A recent case in Tampa illustrates this to an absurd degree. It all started when prominent lawyers C. Phillip Campbell and Adam Filthaut found themselves on opposite sides of a defamation lawsuit between radio hosts Todd MJ Schnitt and Bubba the Love Sponge. Attorney Filthaut had a good friend on the police force, Sergeant Ray Fernandez who was willing to be used in a sting to arrest attorney Campbell for a DUI. Campbell was in the habit of eating at a restaurant a couple of blocks from his home. Because it was so close to his residence, he always walked to the restaurant, which was apparently not known by Filthaut who allegedly sent one of his legal assistants to the restaurant to catch Campbell. When the assistant saw Campbell, she phoned her boss. Filthaut then called Fernandez to set up the sting.

However, they still needed to get Campbell to drink and to get him behind the wheel of his vehicle. The legal assistant lied to Campbell about where she worked. She allegedly flirted with him and bought him drinks. When they left the restaurant a few hours later, the assistant was dismayed because Campbell did not have his car with him and he told the valet that the assistant would need to hail a cab to get home. This caused the assistant to call Filthaut again according to phone records. After speaking with her boss, the assistant insisted that her car needed to be moved a few blocks. Believing that he was sober enough to drive, Campbell agreed to move the vehicle for her. When he did so, Fernandez who was waiting pulled him over and arrested Campbell for a DUI. Eventually, the state prosecutor determined there was not enough evidence to pull over and arrest Campbell. Sergeant Fernandez was fired for his role in the scheme. As it turns out, it was not his first bogus arrest for a DUI. A few months earlier he arrested a man for DUI after a breathalyzer test said the man’s blood alcohol content was 0.0.

Obviously, this was an unusual case. Most people arrested for DUI’s are not the victims of elaborate schemes initiated by an attorney on the other side of a lawsuit. However, Florida DUI lawyers are aware that not everyone arrested for a DUI in the state is guilty of the crime. Sometimes law enforcement officers make arrests when they do not have a legitimate reason to do so. This is a good reason why you should always call a Florida DUI lawyer if you are arrested for a DUI. If the officer did not have a legitimate reason to pull you over and arrest you, then the lawyer can help defend you. There are other factors which can help us get your DUI tossed out of court. Feel free to call us anytime you find yourself in a situation that might requre a lawyer’s assistance.