CHARLOTTE COUNTY, Fla.(NBC2-Fort Myers)– A man was arrested in Charlotte County for a DUI after leaving the White Elephant bar.
A Charlotte County Deputy pulled a tan Lincoln Town Car over for careless driving on Monday. When the deputy asked the driver for his license, Charles Kensill handed over his credit card instead.
The deputy explained that his license was needed but Kensill said “see, I told you that’s it”.
After he was able to produce his license, Kensill told the deputy he had four rum drinks at the White Elephant bar, per the arrest report. Full news report
Assuming the statements attributed to Mr. Kensill were accurately noted by law enforcement, are they admissible in court? Were they spontaneous statements, or in response to questioning by police? Was Mr. Kensill “in custody” at the time the statements were allegedly made? Was Mr. Kensill advised of his Miranda rights? Were the statements misconstrued? Sort of reminds me of the testimony of Sheriff Farley in My Cousin Vinny, where a subject’s question to the police was misconstrued as a statement of admission. It’s never a good idea to talk to the police.
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
