Florida Motorist Arrested Twice for DUI While Sober
Saturday, July 12th, 2008Joseph Errichiello of Port Richey, Florida was pulled over recently at a DUI checkpoint and was charged with drunk driving after failing field sobriety testing. Mr. Errichiello does not drink alcohol and willingly submitted to roadside tests. After failing the tests due to physical and mental disabilities, he willingly submitted to both a breath test and urinalysis. He blew 0.00% according to the breath test and the urinalysis came back negative.
Despite these results, the Florida Highway Patrol placed Mr. Errichiello under arrest for DUI and the prosecutor moved forward with the case.
Less than two weeks later, Mr. Errichiello was stopped again by a Pasco County Sheriff and charged with DUI. Once again, he proved to be sober after testing. Mr. Errichiello says that both times the police asked him if he had been drinking and he told them, “No.” Apparently, he has had a learning disability since he was a child. Mr. Errichiello also stated in an interview with the Pasco Times that he had a severe diabetic condition which contributed to his failing the field sobriety testing. After the second arrest, the prosecuting attorney did move to dismiss the DUI charges against Mr. Errichiello.
As a Miami DUI Lawyer, it does not surprise me that the police requested that Mr. Errichiello submit to the breath test and the urinalysis after his failing the field sobriety testing. I am surprised that the prosecuting attorney would want to move forward with its case after the breath test and urine results showed no levels of alcohol or controlled substances.
I know how easily the police can “mistake” the failing of roadside exercises for intoxication. There are thousands of people just like Mr. Errichiello who are unable to pass field sobriety testing because of physical and mental conditions. It is important that individuals arrested for DUI consult with an experienced DUI defense attorney as quickly as possible after their arrest so that such things can be uncovered.
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