Our client’s husband was involved in a car accident while traveling to the pharmacy to pick up her pain medication. When she received word of the crash, she rushed to the hospital to visit him. Upon her arrival she was immediately questioned by a member of FHP. After allegedly admitting to the Trooper that she knew about her husband’s suspended license, the Trooper cited her with a criminal charge for allowing an unauthorized person to drive. Upon receipt of the case, we immediately questioned why the Trooper was interrogating our client in a hospital room where her injured husband was receiving medical care, and how a confession could be taken without properly advising our client of her constitutional rights, and without a Spanish translator present. We confirmed the statements she made to the Trooper were in fact only in agreement with the Trooper’s statements and that she did not actually make any statements admitting a crime occurred. Based on this new information and the fact that the Trooper’s probable cause affidavit was extremely misleading, the State dismissed the case against out client.
DUI & Criminal Division
