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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

Johnny Damon and wife arrested for DUI and related charges

Baseball player Johnny Damon had a long a storied career, notably winning the World Series with both the Red Sox and Yankees. He was known as a nice guy and a good teammate, so it comes as a surprise that Damon and his wife face criminal charges related to a stop in an affluent suburb outside Orlando.

According to ESPN, Damon was pulled over after his SUV swerved to hit a curb and then ran through a stop sign. Authorities allege that Damon was slurring his words and seemed unsteady on his feet at the time of the stop.

Poor judgment made matters worse

Setting aside that Damon chose to drive after telling the officer that he had “just a little” to drink, there were other actions that made matters much worse for Damon and his wife:

While passengers are also supposed to listen to law enforcement, Damon’s wife ignored the officer’s request to stay put by getting out of the vehicle. The officer then tried to grab her wrist and push her against the car. This led to Damon get between them. A second officer then arrived, and the couple was handcuffed and separated.

Failed tests

Damon claimed to have not had much to drink, but he could not perform two roadside tests. One where he was supposed to follow a moving LED light without turning his head. The other involved him walking a straight line – he stumbled after three steps and needed to spread his arms to give himself better balance. Damon also agreed to take a breath test, which he failed with a measured blood-alcohol level between .300 and .294, which was three-times Florida’s legal limit.

The charges

Rather than a straightforward arrest for DUI, they face:

  • DUI charge
  • Resisting an officer without violence, which is a first-degree misdemeanor
  • Running a stop sign
  • Battery of an officer and resisting with violence

There are two sides to every story

The evidence against the couple seems pretty convincing with a lot of evidence. Nevertheless, even those charged with DUI and battery are still considered innocent until proven guilty before a judge.