Frequently someone who has been driving drunk will refuse the test so they don't incriminate themselves. But it ends up making them look guiltier. In some states just refusing the test is itself enough to bring a heavier sentence.
Orlando, FL (PRWEB) August 13, 2012
New York Point guard Jason Kidd should be celebrating right now, having just signed a three-year $9.5 million contract with the New York Nicks. But Kidd's celebration was cut short when he allegedly over-indulged and then ran his SUV off the road and into several trees and a telephone pole, according to news reports on July 15th in USA Today. The alleged DUI incident, which took place early Sunday morning, is going to be a very difficult case to defend according to leading Orlando DUI lawyer David Katz.
Kidd smelled of alcohol, stumbled on his feet and had red bloodshot eyes at the scene of the accident, according to news reports in the New York Times on July 16, 2012. Police also say he refused to take a breath or chemical test after the accident.
“It's refusing to take a breath test that really complicates things,” Katz says. “Frequently someone who has been driving drunk will refuse the test so they don't incriminate themselves. But it ends up making them look guiltier. In some states just refusing the test is itself enough to bring a heavier sentence.”
Katz says that breath and blood test evidence isn't conclusive on its own and that it's always best to cooperate with police. “Sometimes breathalyzers are wrong,” he says. “A good lawyer can have that evidence suppressed in court. But no lawyer can go back in time and make you cooperative if you really weren't.”
Kidd was on his way home from an exclusive night club in the Hamptons when he missed a stop sign and drove off the road. Witnesses say he had a hard time walking out on his own according to reports in USA Today. Kidd sustained only minor injuries from the accident, and no one else was hurt.
Katz believes that Kidd can probably bargain for a light sentence, but won't get off scott free.
“It's his first time offense so they'll go easy on him. But with the large number of witnesses at the club and his behavior at the scene, he's going to face a conviction of some kind.”
About David Katz:
David S. Katz is the founder of Katz and Phillips law firm and a nationally recognized leader in DUI defense. He has trained other attorneys in defense strategies for DUI cases and has suppressed breath and blood evidence in hundreds of cases. He can be reached at 321-332-6864.