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DUI Charges Dropped Against Attorney
June 1, 2016
DUI charges have been dropped against attorney David. J. Maloney due to a lack of evidence, according to the State Attorney’s Office.
“There is insufficient evidence to prove the charge beyond a reasonable doubt,” the State Attorney’s Office said in a statement.
“The State has determined there is insufficient evidence to prove the charge beyond a reasonable doubt. Both the in-car and intoxilyzer room videos were obtained and demonstrate no signs of impairment. Additional witnesses who saw the defendant at an Ice Flyers celebration prior to the stop testified that the defendant was seen purchasing a drink for his wife while declining a drink for himself because he was driving. While the defendant was speeding, had an odor of alcohol and had bloodshot and watery eyes, these factors alone do not reach the level necessary to prove the charge beyond a reasonable doubt. Therefore, the State is dismissing the charge,” court records state.
Maloney, 49, was booked into the Escambia County Jail about 3:35 a.m. Sunday, May 8 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 reported that Money had bloodshot and watery eyes and a strong order of alcohol coming from his person. He refused to take a filed sobriety test.
“The Escambia County Sheriff’s Office has been contacted by media outlets about David J. Maloney’s DUI charges being dropped by the State Attorney’s Office,” an ECSO post to Facebook states. “The deputy sheriff followed policy, procedure, and state statute. The deputy offered Mr. Maloney several opportunities to dispel his belief that he was under the influence. Mr. Maloney refused all deputy’s requests to resolve the issue at the scene. Therefore, based on the evidence, including bloodshot eyes and the odor of alcohol, probable cause existed for effecting an arrest. The Escambia County Sheriff’s Office then refers the case to the State Attorney’s Office who determines whether to bring the case to trial.”
Comments
50 Responses to “DUI Charges Dropped Against Attorney”
Is a “field sobriety test” a BAC? I thought the field test was the whole “walk a straight line, tilt your head back and touch your nose” thing. If I am correct, your license wouldn’t be suspended for refusing that, only for refusal to submit to blood or urine tests or a breathalyser.
Saw this coming a mile away. What I am surprised about is that the arresting deputy hasn’t been or wasn’t thrown under the bus. This administration has a way of doing that to their employees
At 2;00am after making 200 pounds of fudge my eyes arte blood shot and bleary…and I smell of chocolate. Does that mean I have been on a fudge binge???
Any anyone who has ever sat up all night with a sick baby knows about bleary watery eyes.. Come on folks.. the deputy copped an attitude about being asked “to go sit down and discuss this” by the gentleman….heaven forbid we challenge a cop…..
READ THE FLORIDA LAW ABOUT REFUSING TO TAKE A BREATHALYZER TEST IN FLORIDA.
“If you are lawfully arrested for a DUI and refuse to submit to a BAC test, you will be subjected to mandatory license suspensions. Additionally, you may be charged with a criminal misdemeanor for subsequent refusals. The penalties for refusing to take a BAC test are in addition to the standard penalties for a DUI. The penalties for refusal are as follows:
First Offense: License suspension for 1 year
Second and Subsequent Offenses: License suspension for 18 months and first degree misdemeanor charges”
WTH?????” How did he get out of this?
You or I sure wouldn’t!
REGARDING:
“Please don’t assume you won’t need help at sometime in the future… unless of course, you’re perfect!”
Close,so close….
And even then, it’s not a sure thing. People can sue you or falsely accuse you.
I saw in the paper today that Donald Trump has been involved in some 3500 lawsuits. Just wait until he has the Attorney General taking orders from him and your taxes to pay for his vendettas and appoints a few Supreme Court justices.
And if his opponent wins, she’ll be tied up in her own legal woes, even after she appoints a few Supreme Court justices.
The world needs more good lawyers to respond to the existing good lawyers.
David for justice
and unicorns
I have red eyes 24 seven. if I’m tired ,,they glow red. that’s not an excuse to suspect dui. I was arrested for Dui for speeding & red eyes , Did not do test. Was released & had to get a lawyer. .Got off with wreckless driving. Its a scam. What happened to DWI? They can arrest u for suspicion of anything. His license should be suspended for 1yr because he refused. No exceptions. There wasn’t any exceptions for me.
Good going David, I like that commercial where you spoof the Dos Equis guy. I knew you’d be back driving that Lambo in no time. There’s more to say, but it might mean my post won’t appear here.
Just because he was speeding, had bloodshot eyes, smelled of alcohol,and refused a breath test and a sobriety field test, there is no probable cause?????????? Just sayin to all you naysayers.
Give him his day in court not under the table with his cronies.
OK, who here did not know this was going to happen? Everyone should have been calling in and pushing the State Attorney’s Office to do the right thing before this happen not after the fact.
@took offence, A lawyer will tell the “truth” nine different ways to get their desired results. Most cops are trained liars and practice daily. c.w. hit the nail on the head but some people aren’t smart enough to understand the truth.
It was a simple case of car envy. Mr. Maloney, get yourself a cheaper car. I’d stop you too if it meant I could see the inside of that thing. Plus, a cheaper car doesn’t give you the desire to floor it, lol.
It sounds like only a couple of people even considered that he might have been innocent and completely sober. He challenged the administration of the test based upon a lack of probable cause (his words from the recording, not mine). The State Attorney admitted that he didn’t appear or sound impaired, and the only statement that he had a strong odor of alcohol came from the arresting officer. I wonder about that, because if he had a strong odor of alcohol on his breath, he should have been impaired in his movement and speech. I’m not a Maloney fan, in fact I find his image and his commercials to be pretty sleazy, and I’d never want him representing me, but challenging the carte blanche warrantless searches of bodily fluids (blood tests and breath tests) may be a good thing. Other searches have to be based upon probable cause, and DUI now carries such a harsh punishment, it may be time to revise the protocols for administering these searches for evidence. Remember, Mr. Maloney has rights, just like you and me.
Never liked this guy in the first place, but since he got himself off of this DUI, Im sure there are a few thousand people that would hire him now as their attorney to get them off as well, just hope it works out for them…… simple… DONT DRINK and DRIVE……..
I bet he was laughing all the way out of court room.i would be to. come on folks did you really belive a famous lawyer was gona get in trouble?????
@ c.w. —– Generalizing all lawyers as liars is a bit much! Here’s a question for you… WHO do you call when you’re in need for legal help? OH… never mind, it’s obvious you call up the GHOSTBUSTERS. Please don’t assume you won’t need help at sometime in the future… unless of course, you’re perfect! What other profession do you list under negative headings?
and Tallassee will say he and his sould get a BONUS for the fine job he is doing.and we the TAX payer has to pay for this kind of leadership. if we the people did this kind or poor job we would be let go. and it goes up hill all the way to Washington…(God help the people)
Maybe Escambia deputies need to stop making DUI arrests until they have a different SA in office.
I KNEW IT WOULD TURN OUT THIS WAY. IT’S OUR JUSTUS SYSTEM AT WORK–JUST US COPS JUDGES AND LAWYERS–THE GOOD OLD BOYS. It sucks the way most are done in for less and the GOOD OLD BOYS get by with everything. If you have money, clout and know the system and all the players or know something on the STATE ATTORNEY then you can avoid prosecution on a daily basis. I’m surprised this got any farther than just a traffic stop with this deputy doing his job as prescribed by law and his oath. I would have to guess at this time of the morning there were none of the GOOD OLD BOY supervisors on duty with the SHERIFFS OFFICE or we would have never heard about it. GETERDONE
Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S
•Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.
•Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.
It’s the same old story. Guilty until proven innocent. Sounds like another quota hunting cop or another lying lawyer. No surprise either way!
Ok folks. What makes any of you believe he was intoxicated? Read the police report. It never mentions that Maloney acted intoxicated. He was speeding but not weaving or anything else. As far as having red eyes and an odor of alcohol, it was 2am so let me see your eyes at 2am(are you tired at 2am?)and his drunk wife was in the car who had been drinking. Suspicion of DUI is not EVIDENCE of DUI. He got a speeding ticket and his license will be suspended for refusal to blow, so he will pay for what he was PROVEN to have done wrong. So there is justice. Everyone needs to settle down.
What about all the speeding tickets? No one, is untouchable.
As usual Money Talks
I think the arresting officer did a wonderful job with the arrest and maintaining his composure. He handled himself extremely professional. I know I’m gonna take a lot of flack for saying this. But, I think the justice system worked in this case. I don’t like the guy and his cheesy commercials any more than the next guy. But, you are innocent until proven guilty. Nobody on this planet can prove whether he was intoxicated or not. That’s why the charges were dropped. Unfortunately, the states attorney cant use Facebook or northescambia.com to prosecute the case. They have to use real evidence and real facts. Unfortunately, there wasn’t any in this case. I think he should be punished for refusing the sobriety test and the speeding violation.
Well if it had been anyone else it been different out come. The Florida law says refusal is automatic year suspense of license. So how does he get out of that.. Hope state attorney that was over this case is gone soon..
They didn’t have the evidence to support a conviction.
Recordings of his behavior didn’t support the charge of reduced capacity.
His speech didn’t show any slurring.
Other than speeding, his driving didn’t support the charge of DUI and they usually swerve and slow down — although not always.
He chose to not prove his innocence, understanding innocence is assumed in the absence of proof.
He was definitely sober enough to not prove his own guilt.
He accepted loss of his driving permit other than to work and whatever other exceptions the courts made for him.
No reasonable jury looking at the evidence gathered would vote to convict him.
The State Attorney’s Office chose to not waste our money on malicious prosecution. (When you know you’re going to lose but you spend the people’s money anyway, that’s malicious prosecution.)
If you ever need a good lawyer, it sounds like this is your man.
David for clear thinking
and hoping I never need him
IT IS WHAT IT IS…the system!
The officer’s case may have been weak. I say this b/c many things can cause “bloodshot and watery eyes”…. we’re in full pollen bloom and we have no idea of the guy’s tolerance to pollen or cigarette smoke. I go into near respiratry arrest in a room full of smoke and alergies regularly make my eyes water.
Please don’t think I’m siding with Maloney. I’m just “proof” that the cop isn’t always correct.
Well we know it takes money to make charges disapear..I guess the officers video evidence disapeared as well..
Money wins every time…Its always been who you know.. What a joke
not right
You have the right to refuse a Breathalyzer test. In fact, you are wise to refuse it. You will not automatically lose your license. Look this stuff up folks.
Readers, put yourself into this scenario. A Law enforcement Officer stops a traffic violator, could be a prominent attorney, and detects the odor of an “alcoholic” beverage….alcohol has no odor, which is a favorite ploy of defense attorneys in court. Professional attorneys have a lot of books, and like to have their pictures made in front of them.
So, you as a LEO, stop this alleged DUI, and everything points out he is actually under the influence, but, he is a wordsmith, and school trained. So you let him go because he swears he has only had “one beer.”
He goes down the highway and has an incident. The radio logs have already shown you have just stopped him. You could get fired, and sued for neglect of duty. Everybody else are at home watching “Dancing with the Stars.”
Our justice system is not perfect, but it is the one that other countries aspire to have. Don’t be so quick to judge, because everyone is considered innocent until proven guilty by a court of law.
Although I am us usually on the side with the law, there are reasons for our justice system here in America. Sometimes people are actually innocent or perhaps he had just one beer or so. He knows the law and that you do not have to incriminate yourself. He will probably lose his license but not get a DUI since he did not give them the evidence and breathalyzer is not always accurate. I am also curious about the Century pharmacist’s DUI and other charges.Police officers have a lot of responsibility and power. We must guard against a police state yet enjoy living in safety and peace.Knowledge is power but its a fact, good folks might have an adult beverage from time to time and that does not make them a criminal. Go to school, become an attorney, be smart and enjoy life.
not trying to pass judgement but considering his tv commercials he should be setting a good example by allowing the deputy to perform the test to solve the deputy suspicions, I suspect he pulled some strings, that’s what he does, just saying!!!
and you wonder why people don’t trust the justice system? money talks. it’s all politics folks.
Attorneys looking out for attorneys… wink, wink. Some things never change.
Well what do you know….”Lack of evidence”. What a bunch of bull. I guess since the charges were dropped there will be no automatic license suspension either. This will mean every one whose license was suspended for refusal to submit to tests for sobriety will get their license back due to lack of evidence too right? I see the lawsuits coming already. What constitutes “proof”? bloodshot, watery eyes, strong odor of alcohol and refusal to take a breath test…..”You know what? He’s probably good to go…my mistake”. Anyone else would be hunting a ride to work for a year. I certainly do not condone drunk driving at all but this is certainly showing partiality. I guess the amount of “justice” you receive is in direct proportion to how much money you have.
Good job deputy!!! You did your job… S/A did not! What a joke!!! Maybe the fbi will stop him next time and put him in a real court system… Micky mouse court just is not strong enough…
State attorney needs to take over the office in Tallahassee … What a joke!!! Hang who you want and let your buddy’s off.. Bet the average joe would have a court date and no license … Think I’ll go to the beach this weekend and try the same thing and see how it turns out!!
Putting aside my distain for the rabid hypocrisy of the event, I must say, with learned experience that refusal to perform tricks for the arresting officer is not in and of itself evidence of D.U.I. IOW, you can legally refuse to take the field tests. I was “railroad” arrested for this a few years back and the judge threw it out b/c there wasn’t evidence of my impairment on the tapes. The arresting officer was rude and nasty when I refused to “blow” in jail. The officer was also caught contridicting his written report at the time of the arrest, in court several months later. The City Prosecuter was LIVID.
The deputy sheriff offered Mr Maloney several opportunities to prove his innocence before being taken into custody based on subjective evidence. That’s how it works, alright.
This is a total lack of justice. This just proves yet another example of the ” laws for thee, but not for me” mentality. Phony Maloney is not even losing his license for the required year, which has nothing to do with charges being dropped. One is criminal, and the other is administrative. I plan to call good ole boy Bill Edins who dropped the charges, and let him know I think this stinks. Edits must think he is God of NW Florida. It is time someone elect this old codger out of office, and all his criminal buddies with him.
He got off in court. But, the DMV is still supposed to be required to suspend his license for a year for the refusal to submit to sobriety testing.
What happens to other people who refuse a field sobriety test? This is a slap in the face to the people of Escambia County and the law enforcement officers who put their lives on the line every day to protect us from unsafe drivers. I hope everyone remembers this in November; I know I will.
I thought that FL. Law stated refusal to take a Breathalyzer was an Automatic year License suspension?
When he’s caught next time at the scene of a fatal accident, can the judge be charged to. He REFUSED THE breath test.GUILTY
His driver license should still get suspended through the dmv, right?
Once again, the courts have shown us that their are “laws for thee, but not for me” when it comes to people involved in the courts, whether it be cops, judges, or lawyers. I am so glad someone found this information and posted it. It really seems unfair that EVERYONE else gets to have their drivers license suspended irregardless of charges being dropped. So phone maloney not only got the criminal charges dropped, he is avoiding the license suspension. I plan to call Bill Edins office and let them know just how much this stinks.