MIAMI-DADE COUNTY, Fla. (Local10.com, Amanda Batchelor) – A police officer was arrested Tuesday on DUI charges in southwest Miami-Dade, although she refused to provide a blood sample or conduct a field sobriety test, authorities said.
According to Ashley Susan Hunter’s arrest report, the 30-year-old police officer was arrested Tuesday in the area of Southwest 224th Street and Old Cutler Road.
Miami-Dade police said officers were dispatched to the scene to assist another officer in reference to a possibly impaired person. Read full news report.
According to the arrest report, this is at a minimum a double refusal (breath/blood, roadsides). The arrest form notes that she was taken to a hospital and asked to submit to what I can only assume was a “voluntary” blood draw (declined) knowing they didn’t have the right to require one, then taken to a police station where she was offered a breath test (allegedly refused). This is a technique used by more experienced DUI investigators to collect a voluntary blood test AND get a breath test for two bites of the apple.
Miami-Dade County has a DUI diversion program for first offenders, but admission isn’t guaranteed. In this case, Officer Hunter may not be eligible for the program as this case involves a crash and admission must be approved by the Chief of County Court
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
