Criminal Defense LawyerLakeland, Tampa, FL


New development in the arrest of DJ MJ Kelli’s attorney and his DUI arrest.  Was the lawyer entrapped into committing DUI? If you are set up to commit a crime, is that a defense to the criminal charge?  Things are getting interesting at the shock jock trial!
Today, MJ’s attorneys were in court arguing for a mistrial alleging that Bubba’s attorneys set him up to get arrested for DUI.  Allegedly, the attorney had drinks at a restaurant with the other side’s paralegal not knowing she worked for the opposing law firm.  Even worse, the paralegal allegedly bought drinks for the attorney! Could the DUI controversy get any crazier? You bet! The paralegal then asked the attorney to move her car for her and, while doing so, an attorney for Bubba’s side allegedly called the police to report a drunken driver!!! So the question is, was the lawyer entrapped?  Unfortunately, no.  Why? Because entrapment is a defense to a crime if the POLICE create the incriminating circumstances and entice the person to commit the crime.  In criminal law, entrapment is conduct by law enforcement that induces a person to commit an offense that the person would otherwise have been unlikely to commit.  Because the lawyer and paralegal were not agents of the police or government, the defense of entrapment is not available as a defense to the charge of DUI under these circumstances.  So being set up for a DUI by a angry spouse or enemy may not be a defense to a DUI arrest.
This being a second DUI in five years (2nd within 5), what defense does MJ’s lawyer have to the DUI?  The attorney refused the field sobriety exercises and refused to submit to breath testing. So what evidence is there that he is a drunk driver?  In Polk County and Florida, the issue is whether the driver’s normal faculties were impaired.  Unlike the Polk County Sheriff’s Office, the police in this case videotape the arrest at the scene.  The booking video was also released to the newspapers and media.  By watching the video, a jury will make the determination whether MJ’s lawyer was impaired.  The brief glimpse I had of the booking video showed that there were no issues with his ability to walk or follow the officer’s instructions and will help in the defense at his DUI trial.  The driver is very fortunate to have this evidence that may prove he is not guilty of DUI!
Not every driver in Polk County arrested for DUI gets the benefit of having a video at the scene of their arrest or the booking video at the Polk County Jail in Bartow.  Why? The Polk County Sheriff DOES NOT videotape DUI arrests AND only keeps booking videos for approximately 3 to 7 days so if you are arrested call DUI attorney Thomas C. Grajek NOW!


Lakeland Police Department keeps their booking video for approximately 30 days.  The Florida Sunshine Law requires that surveillance videos be kept for 30 days. I believe this is a violation of your Due Process Rights and your DUI case should be dismissed for the destruction and failure to preserve evidence!
So, if the booking video helps show how the driver really looked the night they were arrested, why wouldn’t the Polk Sheriff preserve a video of a DUI suspect being booked into the Polk County Jail?  It may prove the driver was innocent, won’t the jury want to see and decide for themselves?  Well, if there is no video, the jury only has the deputy’s word and no concrete evidence to impeach what the deputy testifies happened! It makes it tougher to defend a citizen accused of DUI!  There is no law requiring that your DUI arrest be videotaped! That’s why you need to call an experienced DUI lawyer who is actually located in Polk County that can take action immediately to obtain a copy of your video!!!
A DUI is different than other crimes.  Whether someone is impaired is subjective.  One juror could look at a person and say “I think they are drunk”, while another juror disagrees and says “No way is that driver impaired!”  Is it easier to describe to a jury how someone walked, swayed, spoke, etc. or is it more accurate and truthful for a jury to watch a video and make their own judgment?  You need an experienced Polk DUI lawyer defending you in court who knows how cross examine a DUI officer and how to try a DUI case whether there is a video or not in your Driving Under the Influence case.




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