Attorney Outspoken Against DUI Is Arrested For DUI (Updated Details)

May 9, 2016

An attorney known for his outspoken television commercials, sometimes with a staunch stand against drunk driving, has been arrested for DUI.

David J. Maloney, 49, was booked into the Escambia County Jail about 3:35 a.m. Sunday for DUI. Maloney was pulled over speeding in a 35 mph zone in a black Lamborghini  on Via de Luna Drive on Pensacola Beach about 2 a.m. by an Escambia County deputy. The deputy developed enough probable cause to arrest Maloney for driving under the influence, according to a spokesman for the Sheriff’s Office.

According to an arrest report, Maloney was traveling 55 mph in a 35 mph zone. When an Escambia County deputy performed a traffic stop, Maloney reportedly said, “I’m sorry, I know way better than that.” He told the deputy that he was coming from helping out at an Ice Flyers celebration. When asked how much had had to drink, he replied, “Nothing, absolutely nothing.”. When the deputy asked why he could smell alcohol coming from his breath, Maloney replied, “You can’t”.

The deputy reported that Money had bloodshot and watery eyes and a strong order of alcohol coming from his person. When asked to submit to field sobriety test, Maloney told the deputy that he had to get home in order to relieve a babysitter, the report states.

When asked again to submit to a field sobriety test, Maloney said, “That’s physically impossible, I respect you, I know way better than that, I know you patrol it heavily, I don’t drive this much and I need to get home to relieve my sitter,” the arrest report states.

After refusing an additional request to take  field sobriety test, Maloney was placed under arrest and his father was called to take possession of the vehicle. Maloney did not want his wife, who was the passenger, to drive the Lamborghini because she was impaired.

Maloney refused an Intoxilyzer test because it was against “his convictions”, the Escambia County Sheriff’s Office report states.

Maloney was released from the Escambia County Jail about a $500 bond about six hours after his arrest. He is due in court June 1.

“If you drink and you drive and you hurt someone, don’t call me. I’m not gonna represent you, I’m not gonna help you. If anything, I’m gonna be the lawyer going after you,” Maloney says in one advertisement.

Comments

54 Responses to “Attorney Outspoken Against DUI Is Arrested For DUI (Updated Details)”

  1. Stumpknocker on May 11th, 2016 10:48 pm

    @Bee,these assumptions you speak of could have and would have been cleared up at the scene of the traffic stop,if DJM would have complied with the test offered to him,yep and he would have been on his way. So if the deputy did not do his job and a mile up the road he was injured or someone else,or worse and it was a known fact he was just stopped but released I guess people like you would have something to say about that. Bottom line is everyone went home safe and that’s what counts.

  2. Bee on May 11th, 2016 7:18 am

    How can you be arrested without proof? If his wife smelled like alcohol, of course there was that “odor” in the car. Duh. Besides, it’s 2 in the morning….of course his eyes were glassy. Duh. He went to a party, someone could have dumped alcohol on him. Did you not see the Flyers interview with Dan Shugart? They poured it right on top of him while he was on camera! Was he arrested for smelling like alcohol when he got back in his CH 3 car to go back to the station? No. Sounds like too many assumptions were made here.

  3. nod on May 10th, 2016 5:41 pm

    Tima, good observation, Maloney is human. That is good to know. We all make mistakes but when you put yourself at a higher level then you are judged differently.
    Everyone is presumed innocent until proven guilty, but that does not mean they are innocent if found not guilty.
    Money talks.

  4. David Huie Green on May 10th, 2016 5:40 pm

    REGARDING:
    “the deputy reported initially that “he could smell alcohol coming from his breath”. Then, the deputy reported that ” he had a strong odor of alcohol coming from his person”. Hhhmm. Which is it?”

    Why does it have to be one or the other?
    Most people can smell more than one smell from more than one source.

    David for avoidance of false dichotomies

  5. David Huie Green on May 10th, 2016 5:37 pm

    REGARDING:
    “We all break the law to varying degrees.
    It is simply a matter of those who are caught and those who are not.”

    The first sentence is true, but the second should include the fact that some violations are more likely to hurt others than others — driving while your brain is not working properly, for example.

    The main complaint here is that he seems to actually know how damaging it is to others but chose to do it anyway. Most likely he made this decision after his brain was already incapable of making the sane and reasonable decisions of a sober man. Many people want to give people a free pass for harm they cause when drunk because their brains aren’t working properly. MADD has pushed hard to get the laws to recognize the reason they aren’t working properly is because of the decision a sober person made to mess up his or her brain — which makes them responsible anyway.

    David for perspective and better decisions

  6. Jimmy on May 10th, 2016 5:16 pm

    He won’t get convicted of dui & will loose his lisence for 1 year for not submitting to sobriety test

  7. 429SCJ on May 10th, 2016 2:17 pm

    We all break the law to varying degrees.

    It is simply a matter of those who are caught and those who are not.

    David Maloney got caught.

  8. MIIXSTER on May 10th, 2016 12:01 pm

    A guy with plenty of money has no problem getting out of these kind of jams. When the smoke clears everyone will finally see that it’s all about the revenue and not public safety.

  9. john on May 10th, 2016 6:27 am

    I guess it’s better to lose your drivers license, than your law license, he can ask his daddy to drive him to work.

  10. Mike on May 10th, 2016 3:48 am

    Just as long as that ‘Ghini got home safe. Keep a cover on it even in the garage David, you’ll be back driving that bad boy in no time. Make mine a Veneno! :)

  11. Tina on May 9th, 2016 11:56 pm

    I always liked Maloney’s commercials. Maloney is human and everyone makes mistakes. Two drinks for some people and they are over the limit. Give the deputy some credit and allow him to do his job.

  12. Jcellops on May 9th, 2016 10:19 pm

    Playing the devils advocate for just a moment- the deputy reported initially that “he could smell alcohol coming from his breath”. Then, the deputy reported that ” he had a strong odor of alcohol coming from his person”. Hhhmm. Which is it? If it was coming from “his person”, could one reasonably believe that perhaps he had a drink of alcohol spilled on “his person” during the celebration? (Just a thought). As for me, I rarely drink- and, if I ever do, it’s at home. I never drink when I’m out. Why? Because I have a professional license to protect. You could be driving properly (after only one drink)- be involved, through no fault of your own, in a car accident. When the deputy smells it on your breath, then what? Too risky for my taste. Nonetheless, I happen to like DJM’s commercials. I think they were effective in giving people pause to stop and think before drinking/driving.

  13. A Alex on May 9th, 2016 9:42 pm

    I would have to judge this as, IF YOU OWN A LAMBORGHINI, YOU HAVE CAB MONEY

  14. paine on May 9th, 2016 8:44 pm

    I don’t always drink and drive but when I do I do it in a black Lamborghini- stay thirsty my friends!

  15. Bobby on May 9th, 2016 8:38 pm

    What happened to innocent until proven guilty.

  16. Experience is Knowledge learned too late on May 9th, 2016 8:36 pm

    If nothing else, we learned what an attorney does when accused of DUI.

    Wonder if the tactic of not submitting to sobriety tests have been used by his opponents in the past?

  17. Heather on May 9th, 2016 8:05 pm

    When you get your drivers license you automatically consent to soberity tests I do believe. Speeding was the probable cause to pull him over. Refusing to do the soberity test is an automatic one year suspension of your drivers license and I think they may even consider it an automatic DUI. So no Lambo driving for Maloney for at least a year.

  18. Aaron on May 9th, 2016 8:04 pm

    Mr. Maloney
    As a wise man once said , we’ll ain’t that some …..

    I’m not quite that wise but I would be willing to volunteer some time to drive you around until this incident is settled.

    In the LAMBORGHINI of course.

  19. David on May 9th, 2016 8:02 pm

    “He who represents himself has a fool for a client.” Quote by Abraham Lincoln……wonder how the clients feel now….glancing over their shoulder at trial
    Gimmie my money back

  20. The Citizen on May 9th, 2016 3:13 pm

    This just shows us that people make mistakes. I just hope that he learned from this and understands DUI’s from a different perspective now.

  21. Lynn on May 9th, 2016 12:17 pm

    Oh how we love it when the mighty have fallen. It makes us feel better about ourselves. We all have done something wrong in our lives. Give him a brake. He is human like the rest of us. I don’t like his commercials either, but you have to admit they get your attention good or bad that it might be. I say good luck to him.

  22. Terri Sanders on May 9th, 2016 11:11 am

    You might hate his commercials…but you remember them….and if I am not mistaken his commercials say if you drink and drive and HURT someone…..don’t call him which leads me to believe his will represent someone who has been charged with dui without injury. This publicity stunt he pulled is worth thousands in free advertising…

  23. Billy D on May 9th, 2016 11:01 am

    @Bubba Blogger, I DO stand 100% behind our deputies and have the utmost in respect for them. My point was that in order for him to get off on this charge(like expected) someone will lay blame on one of our deputies(or his process or equipment) in order to invalidate the charge. I would strongly suggest that you read the sarcasm part of my post before popping off like that. It’s how politics works here…..remember? It’s how certain members of our community get away with things the general public can’t.

  24. jeeperman on May 9th, 2016 10:34 am

    He says not to call him if you are charged with DUI.
    So I wonder if he will heed is words on that and not call himself to represent himself??

  25. Avis on May 9th, 2016 10:30 am

    Better call Saul.

  26. Jim on May 9th, 2016 10:23 am

    Hypocrisy is its own reward.

  27. Nan Wells on May 9th, 2016 10:14 am

    Stay ironic, my friend. Get humble.

  28. HaHa on May 9th, 2016 10:13 am

    New commercial – “If you drink and you drive and you hurt someone, don’t call me, yell at me down the cell block.”

  29. Justin Jay on May 9th, 2016 10:12 am

    For ALL have fallen short! Call him what you want, he’s still a human and will continue to make bad choices. He’s a GREAT attorney and I’m certain he’ll learn from this mistake.

  30. Bubba Blogger on May 9th, 2016 10:07 am

    Fisherman, sir we are ALL hypocrites. Billy D, sir if you can’t stand behind our deputies why don’t you stand in front of them or better yet, put your money where your mouth is, become one!

    Not so fast, Amen sir!

    I personally like his commercials!

  31. MM on May 9th, 2016 10:00 am

    He should get more sleep – he looks about 58 in his pic.
    Now, bring on the lawyer jokes: One lawyer in town will starve. Two lawyers in town will thrive.

  32. mom on May 9th, 2016 9:36 am

    For the media to condemn him before he is tried is wrong. The media has ruined his career. If he is innocent, he will have a hard time continuing his career. He may even have to leave the state. Wait till the facts are tried and tested….This was mean…

  33. CW on May 9th, 2016 8:47 am

    “Stay safe my friends”.

  34. molinoman on May 9th, 2016 8:43 am

    Oh man the irony is so overwhelming not even worth a discussion.

  35. Jimmy on May 9th, 2016 8:33 am

    David J. Maloney, you’re full of baloney.

  36. mick on May 9th, 2016 8:06 am

    Now maybe, he’ll take those annoying useless commercials off the air, maloney is a bunch of baloney!

  37. Not so fast on May 9th, 2016 8:03 am

    The deputy “developed enough probable cause to arrest Maloney”. Nothing says he was drunk, or even driving under the influence, just that they “developed” enough to arrest him. Y’all have already found him guilty, and have no clue what his blood/alcohol level was, or even what he was under the influence of. I get it, he drives a Lamborghini, so you want to hate him. If this was a local nobody, there would be 100 comments about not condemning him, and waiting to hear the whole story, but because he’s successful, your ignorance can’t let you believe he could ever be innocent. Shame shame.

  38. sam on May 9th, 2016 7:41 am

    really folks? he is a LAWYER! congress is full of em. how’s that working for ya?

  39. fisherman on May 9th, 2016 7:21 am

    David J. Maloney you sir are a hypocrite!!!!! Do the right thing own up to your mistake. Time to call Tommy Ratchford.

  40. tg on May 9th, 2016 6:59 am

    Better be calling Ratchford.

  41. Duke of Wawbeek on May 9th, 2016 6:58 am

    Pride rolls by, just before the fall.

  42. Billy D on May 9th, 2016 6:52 am

    and in other news, an Escambia county deputy is under investigation for targeting high-profile lawyers who drive Lamborghini’s to make them look bad in the public eye even after a night of partying. The deputy is being suspended with pay until the high-profile lawyer is set free with little more than a slap on the wrist…………………. and the deputy admits that he misjudged the attorneys ability to pass a sobriety test. Sorry if this oozes with sarcasm, it’s just the kind of shenanigans you expect around here!

  43. Bob C. on May 9th, 2016 6:41 am

    Thankfully, D J M was stopped before he could cause any harm or injure or kill someone, including himself.

    Driving a Lamborghini on the road between Pens Beach and Navarre, early morning with little traffic..Wind that Engine UP and F-L-Y …

    None of us is perfect.
    Hopefully this event will make him a better and more humble person who can indeed represent those needing his services.

  44. Ensley D on May 9th, 2016 6:39 am

    He comments on people not calling a cab or a friend to take them home after they have been drinking. I wonder if he will fight the charge ,which he should if he is innocent, or plead guilty and be responsible for his actions as he says other folks should be.

  45. john on May 9th, 2016 6:33 am

    If you never, ever take that first drink, it is impossible to get a DUI or kill someone drinking and driving. I know people that have said “I HAVE BEEN DRINKING 20 YEARS AND HAVE NEVER GOTTEN IN TROUBLE” ,but to their foolishness that one night it gets the better of them, then it bites them!!!!

  46. chris on May 9th, 2016 6:04 am

    All actions carry consequences. Like crow, words can be difficult to eat.

  47. Richard on May 9th, 2016 5:56 am

    Just seen the story made national news,it’s running on fox and friends right now.

  48. Good Grief on May 9th, 2016 5:39 am

    Let he who is without sin cast the first stone. Your sin WILL find you out. Don’t laugh too much and certainly not publicly.

  49. ad on May 9th, 2016 4:44 am

    I have always disliked your commercials. Karma comes around for everyone, hypocrite

  50. lucy on May 9th, 2016 4:34 am

    If he was not an attorney, most likely his bail would have never been so low. Hopefully, this will bring down his cockyness a notch or two.

  51. Audrey on May 9th, 2016 2:22 am

    David J. Maloney hopefully you know that you’ve done wrong. I don’t know the reason why but don’t really care! I trusted you and your ads. I hope that you can recover from this.

  52. Ponch on May 9th, 2016 1:51 am

    # Irony

  53. Big Shot on May 9th, 2016 1:37 am

    Wonder if he will still personally return your call

  54. Dave on May 9th, 2016 1:26 am

    If you drink and you drive and you hurt someone, -call me. I’m gonna represent you, I’m not gonna screw you over. If anything, I’m gonna be the lawyer going after you with my beer goggles on
    Happy New Year
    I have very much experience in these matters…I have 3 other reference’s that qualify my expertise