Unlucky for Driving Under the Influence of Alcohol.

QUESTION
APR 25, 2019

You work for the law firm of Cupick Richardson, P.Unlucky Lush is a client of our firm.He was stopped on International Speedway Blvd. going east…

You work for the law firm of Cupick & Richardson, P.A. Unlucky Lush is a client of our firm. He was stopped on International Speedway Blvd. going east directly across from Daytona State College. Unlucky claims he was stopped illegally. The Daytona Police Department arrest report sets out that Unlucky was attempting to make a left hand turn from the right hand lane.

When Unlucky got out of his car, he tripped on his shoelace falling flat on his face right in front of Officer Friendly. When the officer asked Unlucky to take the alcohol breath test, he did not tell Unlucky that he could refuse to take the test. Unlucky blew a .22, and Officer Friendly immediately arrested Unlucky for Driving Under the Influence of Alcohol. (DUI).

This is Unlucky’s first DUI arrest, and he is facing the following penalties:

a.      Fine of not less than $1,000 or more than a $2,000;

b.    Imprisonment for not more than 9 months;

c.     Installation of an ignition interlock device;

d.    One year of probation to include a substance abuse course;

e.     Community service for at least 50 hours;

f.      One year suspension of his driver’s license.

Unlucky comes to our office and is furious. He tells us that his friend Lulu Berry was stopped by the Daytona PD the night before Unlucky was stopped. She was leaving the Ocean Deck and was weaving all over A1A. Officer Grouch stopped her, and she threw up on his shoes. She refused to take the breath test. Her punishment was a one year suspension of her driver’s license.

Unlucky wants to know if the law he was convicted under violates any of his Constitutional rights since he was treated more harshly than Lulu. He mentions he has heard something somewhere about cruel and unusual punishment and equal protection under the law

Where in the United States Constitution is equal protection mentioned?


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