BUI Lawyer in Okaloosa County, FL
Perhaps the most annoying aspect of a Boating Under the Influence charge pursuant to Florida Statute Section 327.35 from a criminal defense lawyer’s perspective is the continued failure to perform field sobriety exercises correctly.
Routinely, victims of aggressive BUI “enforcement” are required to perform difficult physical tasks – including standing on one leg – on a rocking watercraft. The worst behavior is when someone is arrested, the officers speed off, and someone is injured when they fall on the boat. They are handcuffed and unable to break their fall.
Of course, where the facts and law provide a remedy in the form of a motion to suppress any unfavorable blood, breath, or urine testing along with other evidence unlawfully taken, but let’s be real about what is happening on northwest Florida waterways: this is ridiculous. Every person victimized by such poor law enforcement practices should be allowed to recover civil money damages directly from the law enforcement officers themselves and their entire chain of command.
Financial consequences have been far more effective than anything else at changing individual, corporate and governmental behavior. This would stop the current Okaloosa County “arrest them all and let the courts sort it out” behavior in a heartbeat.
However, this willful poor performance is shielded by a judicially manufactured legal doctrine giving virtually unlimited freedom from liability: the cops continue to falsely arrest, charges get dismissed, but victims of culpably negligent law enforcement – including those injured – are never made whole. There is no recovery from the pain and suffering or financial loss from a false accusation.
“Qualified immunity” is the name of this constitutional cancer. This cancer has eaten away at our very concepts of essential fairness within the criminal justice system.
The reality is that if you or someone you love has been accused of BUI or any other crime, you are in a very dangerous field of nightmares filled with legal landmines.
You don’t get a fair trial. You get a legally fair trial. Worse, if you lose at trial the judge will almost certainly sentence you to the maximum of six months, nine months, or up to five years of incarceration, depending on which applies.
Use the appointment link and schedule an appointment with us if you or someone you loved has been charged with a BUI in Okaloosa County.
We know where the legal landmines are, and we’ll help you to the best of our ability. At Florida Criminal Defense Legal Group, PLLC, we have very strong feelings about tourists and locals being targeted for BUI arrests and then victimized by poor BUI investigations riddled with errors.