A recent case in Hillsborough County has brought attention to an important aspect of Florida DUI law that many residents and visitors may not be aware of: the "wheel witness" requirement. As an experienced criminal defense attorney who has been protecting clients' rights in Florida for over 20 years, I want to share my perspective on this situation and explain what it means for you.
Understanding the Recent Hillsborough County Case
In April 2024, a case made headlines when Hillsborough County deputies were unable to make a DUI arrest despite having body camera footage and a confession from the suspect. The incident involved a golf cart crashing into a parked car, where the driver fled the scene but was later located by deputies. Despite strong suspicion of impairment, the deputies could not make an arrest due to the absence of a "wheel witness."
What is a Wheel Witness and Why Does it Matter?
A “wheel witness” is defined by Florida law as someone who can identify an individual as the driver of a vehicle at the time of an incident. This requirement stems from Florida Statute 901.15, which states that law enforcement officers cannot make arrests for misdemeanors not committed in their presence without a warrant.
As the communications director for the State Attorney's 13th Judicial District explained, even with body camera evidence and a confession, without a wheel witness who can place the person behind the wheel at the time of the incident, DUI cases cannot move forward. This creates what some might view as a procedural loophole in DUI enforcement.
The Legal Basis and Historical Context
This requirement dates back to colonial times and has been integrated into Florida law. While there are exceptions for certain misdemeanors like domestic violence, stalking, and petty theft, DUI cases surprisingly remain bound by this rule unless an officer personally witnesses the violation.
What This Means for Your Rights
As a DUI defense attorney, I need to emphasize several key points:
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Law enforcement must follow strict procedural requirements when making DUI arrests
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Evidence that might seem conclusive (like confessions or video footage) may not be sufficient for prosecution
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Understanding these legal nuances can be crucial for protecting your rights
While I'm not advocating for impaired driving - it's dangerous and puts lives at risk - I believe everyone deserves strong legal representation and protection under the law. If you or a loved one is facing DUI charges or any other criminal charges in Florida, it's crucial to have an attorney who understands these technical requirements and can ensure your rights are protected.
Contact Our Palm Beach Gardens Defense Attorney for a Consultation
Cases like this highlight the complexity of Florida's DUI laws and the importance of having knowledgeable legal representation. At the Law Offices of Matthew Konecky, we understand these intricacies and use our extensive experience to protect our clients' rights.
If you've been arrested or charged with DUI or any other criminal offense in Florida, don't wait to get legal help. Our office has been defending clients throughout Palm Beach and Broward Counties for nearly two decades. If you need assistance with any criminal defense matter, contact us at (561) 671-5995 for a consultation. We're available 24/7 to assist you with your case.
Click the button above or call 561.671.5995 to schedule a consultation so we can build the best defense strategy for your case. Remember, every case is unique, and the earlier you seek legal representation, the better positioned you'll be to protect your rights and achieve the best possible outcome.
Reference:
10 Investigates. (2024, April 26). Deputies suspected a woman of driving drunk but couldn't arrest her without a 'wheel witness'. Hillsborough County Sheriff's Office.
