Monday, April 27, 2009

Latest Cop Arrested for DUI: Sergeant James R. Simonson of the Tampa Police Department

Well, it's happened again. One of our nation's brave warriors in the fight against drunk driving has defected. SGT Simonson was arrested Sunday night by the Hillsborough County deputies and charged with DUI. He was released from jail this morning, and undoubtedly has already had a pointed if not pleasant conversation with his superiors.

The really noteworthy thing about this case is the reported BAC results, which were .085 and .082. I am wondering what kind of cop arrested Simonson. At a .08, drivers are only barely at the legal limit for DUI. Ten minutes later, he probably would have tested at .07 and gotten off the charge. What kind of professional courtesy are the cops down in Florida showing each other?

And I also had to wonder whether Simonson knows the not-so-secret method that reduces BAC on a breath machine. Many defendants have beaten DUI charges by using this method, but perhaps Simonson used it and still couldn't get below .08 anyway. One can only speculate. A really good DUI lawyer might be able to get this officer off the charge based on a rising BAC defense, but I don't know Florida law that well. My advice to this unfortunate cop: Call Flem Whited or Vincent Pellegrino the minute you read this. They can help.

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