Charge of Florida DUI Dismissed Against Bus Driver

Florida DUI attorney Charles Shafer created defense for wrongly accused man.

Floyd Brown, of Port St. Lucie, was driving a bus on a charter trip of middle school students to Disney World in April 2006 when passengers suspected he was driving under the influence of alcohol. Someone found two beer bottles on the bus and trip chaperons thought Brown appeared sleepy. During a stop at a Florida Turnpike rest area, the adults called the Florida State Patrol who immediately investigated.

Though Brown tried to tell the officers that physical difficulties made it impossible for him to perform them, he submitted to and failed field sobriety tests. The troopers also reportedly detected alcohol on Brown’s breath. Brown voluntarily submitted to a breath test that revealed such a slight trace of blood-alcohol content that even the tester was surprised when the officers proceeded with an arrest for Florida DUI.

Florida DUI lawyer Charles Shafer came to Brown’s defense. Shafer confirmed that Brown had been in a serious auto accident in 1998 and that he suffered long term physical and balance problems. Brown had also been diagnosed as being diabetic, though he did not know it at the time of his drunk driving arrest in Florida. The defense was able to produce the findings of research studies that determined diabetics can have a breath odor similar to alcohol.

The fingerprints and DNA found on the beer bottles did not match those of Brown, and it was subsequently determined that they were left on the bus from a previous charter. The breath test equipment calibration was also found faulty, leading to the minor detection of alcohol during Brown’s DUI arrest.

Key DUI defense evidence in the case came in the form of Brown’s driving logs. As required, Brown kept meticulous notes and drawings during the trip, and all were clear and steady showing no signs of change from intoxication. DUI attorney Charles Shafer suspects that the logs ultimately convinced prosecutors that there was no case and after 18 months the charge of drinking and driving in Florida was dismissed.

The bus company has offered Brown a driving job again though he has indicated he is emotionally weary. He said, “I truly enjoyed it and now the enjoyment factor has been pulled out from under me. The whole thing makes me upset.”

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