The Law Office of Corey I. Cohen
Free Consultation Phone Answered 24/7
407-246-0066 or 888-390-8937
Hablamos Español

Blood sample taken from accused drunk driver while hospitalized

Although criminal justice advocates may call for more rehabilitative approaches, Florida law enforcement officials continue to prosecute charges of driving under the influence with a heavy hand.

In a recent example, a Florida man implicated in an alleged drunk driving accident was denied bond. The 29-year-old is accused of crashing into another vehicle, causing it to lose control and spin into a tree. The woman in that other vehicle was left paralyzed. The man was also transported to a local medical facility before being taken into custody, but he did not suffer serious injuries.

 

The man also has two previous DUI arrests to his record. If convicted, he will face serious penalties as a repeat offender. Yet it is unclear what additional evidence that responding officers may have gathered -- and whether it was taken lawfully.

Specifically, authorities took a blood sample from the man while he was hospitalized. A deputy conducting the DUI investigation claimed that the man appeared unsteady and unable to sit up in bed. When questioned, the man said that he was reacting to his anti-anxiety medication. However, an attorney that specializes in DUI defense might have some hard questions to ask regarding whether all procedures were followed before authorities took the blood sample. Notably, the man’s blood alcohol content was also not reported in the media story.

Prosecutors in the state of Florida take DUI charges very seriously, often bringing felony charges. Unfortunately, their commitment to rehabilitation of criminal offenders may not be as thorough. In addition to preparing a strong defense, an attorney can advise defendants of various options to pursue, such as community control or mandatory inpatient rehab.

Source: Sun Sentinel, “Woman paralyzed in crash with accused drunken driver was physical therapist,” Erika Pesantes, Sept. 17, 2014

No Comments

Leave a comment
Comment Information
Get Legal Help Now

Contact our firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Law Office of Corey I. Cohen
605 East Robinson Street, Suite 330
Orlando, FL 32801

Orlando Law Office Map