Kevin Robinson

krobinson4@pnj.com

A hearing officer upheld the driver's license suspension of a prominent local attorney who refused to submit to breath testing during a May DUI arrest.

David J. Maloney, a personal injury attorney, had his license suspended for one year when he refused to submit to field sobriety and breath testing after being stopped for speeding on Pensacola Beach. The arresting deputy, Chad Roop, noted Maloney had "bloodshot watery, eyes," but officials determined he showed no other signs of impairment. The DUI charge was ultimately dropped because of insufficient evidence to proceed.

In Florida, it is standard for motorists to lose their license for 12 months after a refusal to submit to an officer's request for blood alcohol concentration testing. Still, Maloney's counsel, Christopher Crawford, moved to invalidate the suspension on the grounds there was insufficient probable cause for the DUI arrest. He argued that Maloney's speech was not slurred, his movements were normal, he produced documentation without issue and he responded appropriately to questioning, thus his facilities were not impaired.

Maloney license suspension in limbo

After a pair of hearings to review the case, a Department of Highway Safety and Motor Vehicles hearing officer determined there was still probable cause for the stop.

"I have considered Counsel's arguments and reviewed the case law, but do not find them persuasive to invalidate the suspension," Hearing Officer Susan Powell wrote. "I find that probable cause was established based on the totality of observations made by Deputy Roop including the odor of alcohol emitting from petitioner's breath and his bloodshot, watery eyes."

Powell concluded that all the elements necessary to sustain Maloney's license suspension were supported by a preponderance of evidence.

Maloney is perhaps best known for his television commercials taking a hard stance against drunk driving, so the irony of his DUI arrest drew a great deal of regional attention. His notoriety also led to public criticism when the charges against him were dismissed.

The State Attorney's Office has since reiterated that Maloney's case was handled fairly and in the same manner it would have been for any other citizen.

"We based our review on the facts of the case," Assistant State Attorney Greg Marcille said. "The case was reviewed by the county court supervisor who determined there were insufficient facts to go forward and recommended the case be dismissed."

Marcille said the state agreed the dismissal was the correct course of action.

"The decision was based solely on the facts of the case and without regard to the identity of the individual involved. This office has no relationship with the defendant or his attorney other than the prosecution of the case."