 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Rafferty v. State8/1/2001
nd merit in the other two issues Rafferty raises. Accordingly, we reverse and remand for a new trial.
In his motion to suppress, Rafferty argued that his statements should be suppressed because he unequivocally requested an attorney and the police did not stop the interrogation but continued questioning him. The taped statement begins with FHP Trooper McPherson advising Rafferty of his rights:
MCPHERSON [reading to Rafferty]: Knowing what my rights are, I hereby, prior to being interviewed, waive my rights to consult with a lawyer or to have him present during this interview. I do hereby affix- -affix my signature accordingly.
Can you sign or do you just want me to go ahead and do you want to go ahead and--
RAFFERTY: I need a lawyer.
MCPHERSON: You need to get a lawyer?
RAFFERTY: I guess, I don't know.
MCPHERSON: Okay.
RAFFERTY: I'll answer the questions.
POWELL: Do you want a lawyer?
MCPHERSON: Do you want a lawyer?
RAFFERTY: I'll answer the questions.
MCPHERSON: You gonna answer--okay. You're gonna answer the questions here?
RAFFERTY: Yeah.
MCPHERSON: Okay. Can you sign here?
POWELL: Just scribble, it doesn't even have to be legible.
MCPHERSON: Yeah. Can you see that?
RAFFERTY: Where it says you have a right to an attorney?
MCPHERSON: Yeah.
RAFFERTY: I want--I want (inaudible).
MCPHERSON: You want an attorney?
RAFFERTY: Yeah.
MCPHERSON: So you don't want to answer the questions.
RAFFERTY: I won't be answering the questions then.
POWELL: Do you want an attorney present now, this is what he's asking?
RAFFERTY: I don't think so.
MCPHERSON: Okay.
POWELL: So you do want to answer questions at this time?
RAFFERTY: Yeah.
MCPHERSON: You want to answer questions at this time?
RAFFERTY: Yeah.
It is well-settled that when a suspect makes an unequivocal request for an attorney during interrogation after he has waived his rights, all questioning must stop until an attorney is present. Davis v. United States, 512 U.S. 452 (1994); State v. Owen, 696 So. 2d 715 (Fla. 1997). After he told the FHP trooper "I'll answer the questions," Rafferty made an unequivocal request for an attorney by answering yes when the trooper asked whether he wanted an attorney. Rafferty's subsequent statement "I won't be answering the questions then" clarified his intent to invoke his right to an attorney. There was nothing that needed to be further clarified, and the questioning should have ceased until an attorney was present. Thus, we reverse the trial court's denial of Rafferty's motion to suppress.
The second issue in this case involved the admissibility of the blood alcohol test results and the propriety of the jury instructions regarding the presumption of impairment as provided by the implied consent law. The implied consent law is embodied in sections 316.1932 to 316.1934, Florida Statutes (1997), and provides that anyone who drives a motor vehicle impliedly consents to be tested for blood alcohol content upon arrest for any offense committed while driving under the influence . The purpose of the implied consent law is to "ensure reliable scientific evidence for use in future court proceedings and to protect the health of those persons being tested, who by this statute have given their implied consent to these tests." State v. Bender, 382 So. 2d 697, 699 (Fla. 1980).
Section
Page 1 2 3 4 Florida DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|