A prominent DUI plaintiff attorney was arrested for a second DUI charge in Pensacola, Florida. David Maloney practices in Mobile and Baldwin County, Alabama.
Maloney was arrested at 3:35am on May 10th in Pensacola Beach for DUI. Maloney has a personal injury law firm in Mobile, Alabama that is known for its advertising campaign that adamantly stands against representing drunken drivers in DUI charges.
Maloney was pulled over for going 55mph in a 35 mph zone. The arresting officer claimed that Maloney had “an odor of alcohol and blood shoot and watery eyes.” Maloney refused to do either a field sobriety test or Intoxilyzer breath test. Based on Maloney’s professional experience, it is always a good idea to not submit to a breath test.
The DUI charge against Maloney was dismissed on the following Wednesday.
The State Attorneys Office stated that the evidence alone was not enough
to prove a DUI beyond a reasonable doubt.
The prosecutor stated that Maloney showed no signs of impairment prior to being taken to the police station or at the police station. However, he also claims that is very unusual for the state to dismiss DUI claims, but that due to the lack of evidence against Maloney that it was the states “ethical responsibility to dismiss the case.”
Criminal courts contain the highest standard of proof in the United States court system, proof beyond reasonable doubt. Proof beyond a reasonable doubt is not proof of absolute certainty; however, if there is proof that causes any reasonable doubt then the individuals should not be found guilty. The evidence against Maloney consisted of: odor of alcohol, blood shot, and watery eyes. Maloney submitted evidence of an existing medical condition that causes his eyes to be blood shot and watery; therefore, the only remaining evidence against Maloney was that he had an odor of alcohol.
The odor of alcohol was not sufficient evidence in this case for the prosecution of a DUI. Furthermore, it is not illegal to drink and operate a vehicle as long as the individual’s blood alcohol level is under 0.08 and if there ability to operate a vehicle isn’t impaired. Therefore, in order for the state to prove the DUI charge beyond a reasonable doubt more evidence was needed.
Maloney also had other evidence that weighed in his favor. First, Maloney showed no signs of impairment. There was no erratic driving or slurred speech. Also, there were witnesses present that that testified that they saw Maloney purchase drinks for his wife but decline drinks for himself because he was driving.
Even though the DUI charges were dismissed, there is still a pending civil charge against Maloney for refusing to submit to a sobriety test. Under Florida law, drivers who do not submit to a sobriety test can have their license revoked for up to a year. In most situations, if you refuse to take a mandatory sobriety test, you cannot be forced to do so; however, that does not mean that you cannot be convicted of a DUI. The state does not have to prove that your blood alcohol level was over 0.08 and can use other evidence such as erratic driving, slurred speech, and can even use the refusal to take a blood alcohol test as evidence for a conviction of a DUI.
If you are currently dealing with or facing charges for a DUI, seek help from an experience DUI attorney. Unlike ordinary traffic related charges, convictions for DUI’s have serious related consequences and stigmas. A conviction for a DUI can lead to losing of a driver’s license, fines, jail time, and increased car insurance.
Please contact Ingram Law LLC if you have been arrested for a DUI at (205) 656-0044.