SOUTHWEST FLORIDA – Kyra Shportun ABC7-Fort Myers, FL
6:41 PM EST, Tue March 09, 2021
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.
Jonathan Blecher
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, jonathan@blecherlaw.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
2 Responses
It was reduced to reckless op. Amazing how this happens. My son gets a DUI 3 weeks before Covid (2020), loses his license for a year waiting on a court date (the system was shut down during covid), then finally goes to court in February 2021 and they suspend his license for another year. He’s now 25 with no license, no job and living at home. He has weekly drug and alcohol tests. He’s spent over 10 thousand dollars on this as well as getting new vehicle insurance even though he can’t drive. The system is corrupt and this proves it. This case is no different. This Sheriff should face the same.
Jay, thank you for your comment. I have a few pre-Covid-19 cases still unresolved. Tolling Speedy Trial rules by the FL SCt hasn’t helped. Prosecutors can take their own sweet time resolving cases.
I’m sorry your son ended up with a conviction. Is he eligible for a business permit? If it’s a first offense he should be able to apply for one. https://www.duilawdefense.com/miami-dui-lawyer/frequently-asked-questions/