I always find it interesting when a police officer is arrested for DUI or APC and they refuse to take a breathalyzer or intoxilyzer test. Although it is not known what type of intoxilyzer test was offered to the Florida State Trooper arrested for driving under the influence, Florida has had issues with the Intoxilyzer 8000. The Intoxilyzer 8000 is the same breath testing device Oklahoma uses to test suspected Oklahoma DUI drivers.
In this case, a Florida Highway Patrol trooper named John Wilcox was arrested by Naples police Wednesday for DUI. The trooper was subsequently fired by the FHP on the same day. It is unclear if the DUI charge was the sole reason has this trooper has had previous difficulties with the law and previous complaints. According to the police report, Naples police pulled over a white truck after a witness reported that the truck struck a tree. Witnesses said several occupants got out, inspected the damage, and then drove away. Wilcox was driving the truck with two other passengers when officers stopped the truck which lead to the DUI arrest. Wilcox admitted to drinking but denied he was behind the wheel when it hit the tree. The Naples officer noting in his report that he knew Wilcox, said there was a strong odor of alcohol of alcoholic beverage from his breath. Wilcox submitted to the field sobriety tests, but refused a breath test, the report said.
John
John Hunsucker
Oklahoma City DUI Lawyer
Bruce Edge
Tulsa DUI Lawyer
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John and Bruce: We have noted the same phenomenon. The Naples case took place just a short distance from our location. However, the more news gets out about the significant problems with the Intoxilyzer 8000, the easier it is for jurors to understand why any knowledgeable person would decline the breath test.
ReplyDeleteMore here at www.DUISarasota.com or www.TomHudson.net.