You may recall a few months back I blogged about C. Philip Campbell, an attorney in a high-profile local case in Tampa, who was arrested for DUI one night in the midst of his trial. What made the case especially notable was that it appeared that the opposing law firm had set him up for the arrest, by having a paralegal drink with him at the bar, and have an attorney in their firm contact a relative with the local DUI task force as he was leaving.
Anyway, the arrest video is out and can be seen in this Tampa Bay Times story. In it, the attorney declines to perform any tests (except the HGN test) because he was concerned that at his age (64) he would not do well. Also, because he has a brain and knows that the field tests are designed to fail him and that the officer will be able to claim that he showed “clues of impairment.”
In my opinion, the video helps Mr. Campbell. His speech is clear, his balance is fine, and he is responsive and sharp in his conversation with the officer. He does not appear to be under the influence of alcohol to me. At least not beyond a reasonable doubt.
What do you think?