Broward DUI attorney William Moore is aware the at law enforcement officials have a difficult job. The decision to arrest a suspect is not always clear-cut, especially if there remains large amounts of investigative work to be done. Unfortunately, making the wrong decision on these tough calls can have lingering bad effects. If the suspect should have been arrested and subsequently either commits an additional crime or simply alludes police (and justice), there is likely to be outcry in the community. If the suspect was wrongfully arrested, did not commit the crime at all, or even if there is just not enough evidence for a prosecutor to prove the case beyond a reasonable doubt, there are likely to be consequences as well. Fort Lauderdale DUI Lawyer William Moore believes that while law enforcement officers should use their best judgment, they should always be mindful of suspects’ constitutional rights.
On March 27, police responded to a car accident in Oakland Park. Paramedics there treated a dazed man at the scene. The man, 31-year-old Davydson Soares of Pompano Beach, allegedly smelled strongly of alcohol and apparently did not remember driving. Soares allegedly caused a fatal wreck by driving the wrong way on a highway on-ramp, killing a person in another vehicle.
Investigators took two blood samples from Soares, Fort Lauderdale DUI attorney William Moore has learned. The first, collected one and a half hours after the accident, showed a blood alcohol concentration of 0.16 – twice the 0.08 percent level at which state law presumes a driver is impaired. A second sample, collected two and a half hours after the crash, showed a BAC of 0.15 percent. Prosecutors could use these blood samples as strong evidence to show that Soares was impaired at the time of the car accident.
Soares was not arrested at the time because prosecutors have only three weeks to file charges against a suspect after an arrest. Oftentimes, the lab results take longer to process and law enforcement officers need to investigate the alleged crimes more thoroughly, both to assure that they are making the correct arrest and also to build the strongest case possible against the person they believe to be the perpetrator. There are downsides, however: now, police cannot locate Soares, and critics think he should have been arrested at the time of the accident. He presented a foreign passport as his identification and thus could have been perceived as a flight risk. The greater the perceived likelihood of a suspect to flee is, the more likely it is that law enforcement will make an immediate arrest instead of risking a situation like the one in which they find themselves with Soares.
Fort Lauderdale DUI attorney William Moore provides outstanding DUI defense in Broward, Fort Lauderdale, and Fort Lauderdale-Dade Counties. If you have been charged with a DUI, contact Fort Lauderdale DUI Lawyer William Moore, P.A.
This article should be used for informational purposes only and should not be construed as legal advice nor as implied representation of any person.