Man Goes on Violent Tirade After DUI Arrest
Authorities say that Jeremy Orlando Burgos kicked and spit on deputies after they pulled him over on suspicion of DUI. Burgos is accused of driving a vehicle that was responsible for hitting a building and a parked car. Once Burgos was pulled over, police say that he failed field sobriety tests. Once in jail, police say that Burgos “became combative”. He was screaming obscenities and refused to follow commands.
Police say that Burgos kicked a chair across the room, began banging his head on the table, and eventually spit at deputies while also trying to kick them. Police used a taser to subdue Burgos, but Burgos continued to fight, so they brought him to the hospital where he was later released.
Burgos is charged with resisting arrest with violence, and two counts of battery on a law enforcement officer. He is also facing one charge of DUI.
Fighting the Charges
The best way to attack a case like this is to challenge the probable cause police had to stop the vehicle in the first place. If police had no right to stop the vehicle, then the DUI arrest is no longer valid. The defendant compounded his problems by throwing a tantrum in police custody. So even if his attorney can get the DUI charge tossed, he will still face charges related to battery on an officer.
Resisting Arrest with Violence
Folks wonder, quite appropriately, how someone can be charged only for resisting arrest. Well, they can’t if police did not have probable cause to initiate the arrest.
Let’s (for the sake of argument) say that Burgos was operating his vehicle safely and did not hit a building elsewhere. If the police pull over his vehicle and initiate an arrest without cause, then the defendant cannot be charged with resisting arrest at all, since there was no legitimate arrest in the first place.
However, even if the defendant is taken into custody without probable cause, he would not be “allowed” to cause harm or attack the police officers. So he’s stuck with the battery charge no matter what.
Now, what about if the police were using excessive force during an unwarranted arrest? This is where the matter gets a little trickier. Even when the force is excessive and the arrest is unwarranted, defendants should tread extremely lightly when it comes to self-defense arguments involving police officers. The rule of thumb is: If a reasonable person would believe that not resisting would cause the officer to use less force, then they have an obligation to stop resisting, even if the arrest is illegal and the police officer’s conduct is criminal.
Talk to an Orlando DUI Attorney Today
If you’ve been charged with DUI, don’t compound the problem by kicking and screaming and throwing chairs across the room. You have legal remedies available to fight the charges. Call the Florida DUI defense attorneys at the FL DUI Group today to schedule an appointment and learn more about how we can help.