Jurisdictional Issues Arise in Jacksonville Beach DUI Case
A Jacksonville woman wants her driverâ€™s license back after being arrested for DUI because the Jacksonville Beach cop who initially pulled her over was out of his jurisdiction and did not have the authority to stop her, a lawsuit says.
The off-duty officer saw Oksana P. swerve through lanes and nearly hit another car while driving May 22 on Beach Boulevard at Suni Pines Boulevard, the suit says.
The officer pulled her over and then called in the Jacksonville Sheriffâ€™s Office, who arrested her for DUI, a misdemeanor charge.
Since Oksana declined to take a breath test, and her license was suspended for one year, according to the DMV.
However, Oksana attorney said officers are only supposed to stop a car when they feel a felony is taking place. He has filed a lawsuit in his clientâ€™s behalf to challenge her driving suspension.
According to an officer with the Sheriffâ€™s Office, though, the DMV could say Oksanaâ€™s driving was putting the safety of others in jeopardy and might have thereby committed a felony had the officer not pulled her over.
Her lawyer said he could not further elaborate on the details of his clientâ€™s criminal trial or civil dispute with the DMV.
He did say his objective in the lawsuit is for his client to get her driving privileges back, not for any possible monetary award.
Oksana pleaded not guilty in her criminal case in June and is awaiting trial.
If you’ve been charged with DUI, there’s a good chance your arrest was illegal. Like, for example, the police officer who arrested you did not have the jurisdictional right to stop you in the first place. We must all play by the rules. To discuss your DUI case, contact a Jacksonville DUI attorney at Musca Law right now.