Bryant, Higby & Barr - Attorneys At Law

Police suspect Florida man of drunk driving

Florida police responded to the scene of an accident just shy of 1 a.m. on a recent Monday. While there were reportedly two cars involved in the collision, officers say only one was at the scene when they arrived. The vehicle was a Lamborghini, and the situation led to drunk driving charges for the driver.

When a motor vehicle collision occurs, police will often approach drivers and witnesses at the scene to ask them what they remember about the crash. In this case, police say they don't believe what the man told them, which was that another driver had cut him off on the road. They said the damage on the man's car was not consistent with what he told them. Deputies say they smelled alcohol on the man's breath, so they asked him to take a field sobriety test.

Such tests are often unreliable and also often involve a substantial amount of personal discretion on the part of the police officer observing the person taking the test. The officer in this situation determined that the suspect failed the test and, thus, placed him under arrest. At some point, he was later asked to submit a breath sample, which he reportedly refused to do.

In many states, if a person arrested for drunk driving refuses to take a Breathalyzer test, automatic administrative penalties are incurred, which often include a driver's license suspension. Florida drivers and those in other states are under no legal obligation to submit to field sobriety tests. If charges are filed, a criminal defense attorney can help a defendant build a strong case, especially if a personal rights violation occurred during or following an arrest.

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Awards & Memberships

  1. RATED BY Super Lawyers | Clifford C. Higby | SuperLawyers.com Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
  2. AV 1 | PREEMINENT | Peer Rated for Highest Level of Professional Excellence AV Preeminent®AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.
  3. RATED BY | Super Lawyers | Rising Stars | Kevin D. Barr | SuperLawyers.com Rising Stars, Super Lawyers, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
  4. Florida Justice Association The Florida Justice Association is dedicated to strengthening and upholding Florida's civil justice system and protecting the rights of Florida's citizens and consumers.
  5. The Florida Bar 1950 | Mr. Higby was the former Chairman of the Trial Lawyer’s Section of The Florida Bar The Florida Bar is the integrated bar association for the state of Florida. Its duties include the regulation and discipline of attorneys. Mr. Higby was the former Chairman of the Trial Lawyer’s Section of The Florida Bar.
  6. AMERICAN ASSOCIATION for JUSTICE The American Association for Justice, is a nonprofit advocacy and lobbying organization for plaintiff's lawyers in the United States. AAJ's stated mission is to "promote a fair and effective justice system."
  7. BAR REGISTER PREEMINENT LAWYERS | Martindale-Hubbell Bar Register is widely regarded within the legal profession as a signal honor, conferred on a lawyer by his or her peers. The Martindale Hubbell Bar Register has listed lawyers who have earned the respect of the profession.
  8. ABA | AMERICAN BAR ASSOCIATION The American Bar Association, is a voluntary bar association of lawyers and law students, which builds the expertise of its members, protects the independence of the legal profession and advocates for justice in the United States and the world.

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Bryant, Higby & Barr - Attorneys At Law

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Panama City, FL 32407

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