DUI Charges Dropped Against Congressman's Daughter
Posted: 5:43 pm EDT June 7, 2010
Updated: 6:05 pm EDT June 7, 2010
MAITLAND, Fla. -- Maitland police charged the daughter of Florida Congressman John Mica with drinking and driving; they say her blood-alcohol level was twice the legal limit.
However, WFTV found out Monday that the State Attorney's Office dropped all of the charges against her despite the evidence that her blood-alcohol level was twice the legal limit and police reports saying she was swerving all over the road.
Investigators said 35-year-old D'anne Leigh Mica was swerving all over the road in Maitland in January. Officers said she failed a field sobriety test and gave conflicting stories about where she was coming from.
Mica's attorney said the case was thrown out because the officer made a well-being stop, which is not a legal stop. The State Attorney's Office says the stop was illegal all-together because of where it was made.
In the Maitland police dash camera video of D'anne Mica's field sobriety test in January, she can be seen stumbling several times. Defense attorneys admit it takes a lot to prove the initial traffic stop was justified to begin with.
“If they can't show why they stopped them, then there is no basis for the stop. Everything they find, field sobriety test and everything else they find afterward is suppressed,” defense attorney Joerg Jaeger said.
Mica was represented by well-known DUI attorney Stuart Hyman. WFTV pulled court documents that outline why he believed the case didn't stand up in court. Hyman claimed the breath test wasn't in compliance with state rules and the horizontal gaze test isn't scientifically reliable.
According to court records, about one month later, the State Attorney's Office decided not to file charges and dismiss the case. The State Attorney's Office told WFTV the sole reason it stopped prosecuting was because the Maitland officer who initiated the stop traveled outside his jurisdiction.
Jaeger said it isn’t the first time Maitland police have tried pulling people over outside of their jurisdiction.
WFTV tried getting a hold of both John Mica and his daughter Monday, but had no luck in tracking either of them down.
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