Setting up someone for DUI might disbar lawyers
Here is an interesting story I came across related to our DUI defense practice. As a DUI lawyer in Orange County, CA, I am always looking for interesting DUI situations, and the ABA Journal had a story about three lawyers on the opposite side of a civil defamation case from a lawyer who was arrested for DUI, who they had “set up” for the DUI arrest. Setting up someone for DUI might disbar lawyers in this case.
This Florida case underlines the old saying in law that civil attorneys can be anything but civil. In January 2013, three lawyers at a law firm had a flirtatious paralegal, join opposing counsel for a night of drinking at a Tampa steakhouse bar. The opposing attorney, C. Philip Campbell, was arrested as he drove away in the paralegal’s vehicle, following a flurry of phone calls and texts between the lawyers and the paralegal.
The three lawyers asserted their Miranda rights, and invoked the fifth amendment, not answering or admitting to anything in depositions or in their bar proceedings. But the officer involved, who was removed from the force, testified that he was asked to arrest Campbell 60 days earlier than this incident, by the same three attorneys.
Often DUI cases are dismissed for a variety of reasons. In this case, there was invalid probable cause for the DUI, and police entrapment, but other reasons, like an invalid breath test, or an invalid blood test, or an inability to prove driving in a DUI, or a valid legal defense that allows DUI, can also be asserted by the defense.