Florida Motorist Arrested Twice for DUI While Sober
Joseph Errichiello of Port Richey, Florida was pulled over last September 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 field sobriety tests administered. 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 drunk driving 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 California DUI attorney, 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. However, I was a bit surprised that the prosecuting attorney would want to move forward with its case after the breath test and urinalysis results showed that he was sober. As a former Riverside County Public Defender, I know how easily the police can “mistake” the failing of field sobriety testing as one being intoxicated, but I do think the matter went a little too far. Nonetheless, there are hundreds of people just like Mr. Errichiello who are unable to pass field sobriety testing because of physical and mental disabilities and conditions. Sometimes individuals may not even be aware that they have a particular condition that affects how they would perform on such tests. Moreover, individuals with diabetes sometimes will even fail breath testing because of their condition. Thus, it is important that individuals arrested for driving under the influence consult with an experienced DUI defense attorney as quickly as possible after their arrest so that such things can be uncovered.
As a leading California DUI attorney, I know how to build a strong DUI defense, including hiring experts to show the courts how flawed field sobriety testing is and how unreliable one’s breath test result may be. If you have been charged with DUI, contact the California DUI Law Firm of Thomas Wallin today. Our skilled DUI defense attorneys represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego.
For more on Mr. Errichiello’s story read: http://www.tampabays10.com/news/local/article.aspx?storyid=68874
