The judge agreed that there was no breach of the peace (meaning Arthur’s arrest was an illegal citizen’s arrest) granted our motion to suppress and threw the case out.
Arthur had medical problems that were exacerbated by stress. He was also worried about the penalties of a second DUI within 5 years, which include mandatory jail time and a five year license suspension.
Arthur D. was pulling into the valet area at Gulfstream Park in Hallandale Beach when his car fishtailed out, tires screeching. An off-duty cop approached Arthur’s car and smelled alcohol. The officer made him do the field sobriety exercises, said he failed and arrested him for DUI.
In order for an off-duty cop to legally make an arrest there has to have been a “breach of the peace.” Arthur’s fish tail was minor, so we argued that it did not constitute a breach of the peace. He didn’t hit anyone or cause any property damage. We proved there were no pedestrians in the way that had to take “evasive action.” This was an example of a police officer overreacting to a minor driving issue.
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