SOUTHWEST FLORIDA – Kyra Shportun ABC7-Fort Myers, FL
A Lee County Sheriff’s Office commander was arrested for DUI in Collier County.
Just after 11 p.m. Sunday Commander Mark Shelly, 42, was pulled over for making an illegal u-turn in North Naples and swerving in and out of his lane of traffic, according to the Collier County Sheriff’s Office.
Shelly was pulled over on Vanderbilt Drive where deputies said he was seen putting gum in his mouth. Shelly told deputies he ran off the road momentarily because he was texting his wife and trying to follow a GPS, according to the arrest report. The Lee County Sheriff’s Office commander failed field sobriety exercises and refused to take a breathalyzer test, deputies said. Read Full Article.
Even a high-ranking and decorated police commander knows better than to submit to a breath test. The other side of the coin is the hypocricy of not submitting to a breath test by a sworn law enforcement officer when LEO’s frequently advise arrestees that when they sign their driver license they agree to submit to any chemical test as required by the Florida Implied Consent Law. And, prosecutors pound that argument home during trial while reminding jurors that refusal is evidence of consciousness of guilt. It just goes to show that all people can make mistakes, even cops.
About the Author: Licensed to practice since 1982, Jonathan Blecher has defended over 5000 DUI and suspended driver license cases. A former Assistant State Attorney under Janet Reno, Jonathan later developed his interest and skills in DUI defense working under DUI legend Richard Essen, a founding member of the National College for DUI Defense. A member of the College himself, Jonathan has lectured on DUI topics at seminars, civic and business groups, as well as at the Miami-Dade County Police academy in courtroom procedure for police cadets. Jonathan is AV-Rated by Martindale-Hubbell and is authorized to appear before the Supreme Court of the United States, the Fifth and Eleventh United States Courts of Appeal, the U.S. District Court for Southern and Middle Districts of Florida, as well as the U.S. District Court for the Eastern District of Michigan. Mr. Blecher can be reached at www.duilawdefense.com, email@example.com, and 305.321.3237. DUI Defense Lawyer in Miami-Dade County, Boating Under the Influence Attorney in Miami, DUI Defense Attorney in Coral Gables