Last month Florida attorney David J. Maloney, locally famous for an aggressive anti-DUI attitude, was arrested on suspicion of drunk driving. Now the state attorney’s office has decided to dismiss the case because they couldn’t find enough evidence that Maloney was actually impaired after all.

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“While the defendant was speeding, had an odor of alcohol and had bloodshot and watery eyes, these factors alone do not reach the level necessary to prove the charge beyond a reasonable doubt,” Assistant State’s Attorney Adrienne Emerson said in a report from AL.com.

That report details Maloney was driving home with his wife from a post-victory celebration for the Ice Fliers hockey team, of which he’s a part-owner, when he was pulled over in a Lamborghini for driving 55 MPH in a 35 MPH zone at around 2 a.m.

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Local news outlet WKRG says the arresting officer asserted that Maloney “smelled of alcohol” and had bloodshot eyes, hence his suspicion of intoxication.

At the scene the officer reportedly asked Maloney why he could smell alcohol on his breath, to which the attorney replied “you can’t.” Maloney reportedly refused to take field sobriety tests, saying he had “absolutely nothing” to drink and citing a lack of probable cause. He then said to the officer; “Let me ask you a question? Keep me cuffed if you want to. Can we go sit out over there and try to figure this out?”

Now I’ve never known a cop to apprecaite being bargained with, so I have a feeling that line is what convinced the officer that Mr. Maloney needed to be taken into custody.

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But since that night, the local court determined there were “no signs of impairment.”

Witnesses that were at the Ice Fliers party apparently corroborated Maloney’s position testifying “that (Maloney) was seen purchasing a drink for his wife while declining to drink for himself because he was driving.”

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That said; I can still understand the officer’s interpretation of the situation at the scene. Maloney’s eyes probably were bloodshot at 2 a.m., and he could have smelled like booze without drinking any after partying with hockey players all night.

At this point it pretty much looks like Maloney got kicked in the nuts by local law enforcement here, even as a responsible designated driver. Well, responsible other than the whole speeding-in-the-middle-of-the-night-in-a-Lamborghini part.

Hat tip to Andrew!