The Lakeland Police Department was back in the news again today regarding one of their DUI arrests. Officer Kellner who works on the LPD DUI unit and is a breath test operator was the arresting officer in this case. The judge was reviewing the driver's case to determine whether there was probable cause to hold the driver for the charge of DUI, determine whether the driver should be granted bond and, if so, what the bond shoudl be set at, and whether any appropriate pre-trial release conditions should be placed on the driver pending his DUI case being resolved. Many times this requires someone to report to Polk county's pre-trial release services or submit to breath tests every other week.
There was no probable cause affidavit in the court file for the judge to make these decisions. The judge ordered the prosecutor to produce the probable cause affidavit the next morning and continued the 1st appearance hearing. The prosecutor requested it from Officer Kellner, but he apparently refused to produce the affidavit. because of this, the judge released the driver on his own recognizance. This means the citizen arrested for the DUI is released with no pre-trial release conditions and does not have to post bond to be released from jail. The DUI case is not dismissed and the driver still has to fight the DUI in court.
However, it is another incident with Lakeland PD and its DUI squad. It is also another dispute between the prosecutor and LPD.
If you have been arrested for DUI, call an experienced Lakeland DUI lawyer that will fight for you in court.
CALL POLK COUNTY DUI ATTORNEY THOMAS GRAJEK NOW - 863-838-5549 cell
You only have 10 days to request a Formal Review
under the new rules get a hardship license for a first-time DUI!