A Lee County corrections officer could not escape a DUI arrest despite asking the stopping officer for some 'professional courtesy.' As a result, the correctional officer may now face some significant sanctions by the court as well as his employer.
The correctional officer, George Welch, was stopped by Florida Highway Patrol after a call was placed to 911 complaining that the truck Welch was driving was weaving near mile marker 136 in Naples. At the time of the stop, Welch showed the Trooper his badge and later asked him if he knew that he was going to ruin Welch's 20 year law enforcement career if he was arrested. Depsite his pleas, the Trooper placed Welch under arrest for suspicision of DUI, trasnported him to jail where Welch provided a breath sample of. 173.
At first glance based on the facts, it may appear as though Welch is guilty of DUI. However, in his case, based on the news report, the independent witness who observed Welch's driving is critical to the case against him. If the Trooper did not see any erratic driving and based his stop solely on the visual observation of the independent witness, then the state attorney's office will need the witness to prove their case. In Florida, to be convicted of DUI, the state attorney must prove beyond a reasonable doubt that the defendant was driving or in actulal physical control of a vehicle to the extent his or her normal faculties were impaired. The stopping officer must have a reasonable suspicion that the defendant is sick, tired or impaired based on his or her observation of the driving pattern. In this case, the Trooper may not have any independent knowledge of a bad driving pattern which could be a significant problem with the state attorney's case.
If convicted of a DUI, Welch faces standard statutory sanctions assuming it is his first time offense. For example, he would be placed on 12 months of probation, lose his license for 6 months, be required to complete community service hours and pay fines and court costs. Also, as a result of a new law passed in October 2008 regarding breath samples above a .15, Welch would be required to have an Ignition Interlock Device installed in his car. The device would require Welch to provide a breath sample before he started his car and intermittently while the car was running.
In the end - it is important to note that law enforcement must enforce the law and look beyond the 'thin blue line.'