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Garrity Law Protects Jacksonville Police Officer From DUI

July 22, 2010 - Jacksonville, FL - Concerned Jacksonville citizens are questioning the seemingly light charges being brought against a Jacksonville police officer involved in an alleged DUI accident.

Reports from News4Jax.com questioned the use of the Garrity Law, a protection granted to public employees, such as police officers, from self-incrimination. A department member may be compelled to give statements regarding potential criminal activity under threat of discipline, but those statements may not be used in the criminal prosecution.

The incident in question is a crash that took place on March 7^th that involved Officer Lennell Boyer driving his own vehicle while off duty. The Jacksonville Sheriff's Office internal affairs reports indicate that he was legally drunk and crashed into a slow-moving dump truck. The charges were only listed as careless driving.

In the crash investigation, Boyer was given a breathalyzer test, but the results cannot be used in court because of the Garrity Law. Police documents say he pounded on the patrol car door, made phone calls to the police communications center, and urinated on the floor. Boyer was put on suspension for one month for conduct unbecoming of an officer.

The arresting officer, Stanley Petty, has since retired from the FHP. When interviewed by JSO internal affairs, he said he did smell alcohol on Boyer, but he did not appear to be intoxicated, resulting in a ticket only for careless driving.

As a service to the residents of Jacksonville and the surrounding areas, our firm will frequently publish blogs about local news relevant to our practice areas. We do this to raise awareness about the common types of accidents and events that occur in Florida that may result in serious injury or criminal charges.

If you have been named in this blog or you are the victim's family member or friend and would like the blog removed from our website, please feel free to contact us and we will promptly accommodate your request.

Contacting a Jacksonville DUI Defense Attorney

Regardless of your employment, anyone charged with a DUI has the right to a fair trial. The experience of a Jacksonville DUI defense attorney from Sullivan & Hepler can benefit your case when various laws and regulations come into play. Contact us today at 904-384-8808 or 1-800-295-4193.

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