Judge's rulings on DUIs argued

BROOKSVILLE -- The question before a three-judge panel was this: Is a DUI suspect who is held for eight hours in the county jail improperly denied the right to post bail and leave jail?

County Judge Peyton Hyslop believes so. That's why, in nearly 200 recent cases, he gave the defendants less than the mandated DUI sentences.

On Friday, prosecutor Angela Newton challenged Hyslop's rulings for 20 minutes without interruption, arguing to the appeals panel that a DUI defendant's right to instant freedom takes second place to the public's right to be protected from impaired driving.

When public defender Elizabeth Osmond rose to support Hyslop's rulings, she was hammered with questions from two of the three judges, sometimes in tones of incredulity.

She cited a case in which a man arrested for domestic violence was held for 24 days. The district appeals court found the detention improper, saying defendants can't be held without bond "any longer than is absolutely necessary."

"I think you're trying to pass off cow pie as moon pie," said Circuit Judge Daniel B. Merritt. "They're both round and brown, but that's where the similarity ends."

The state often holds people for their own protection or the protection of the public, Merritt said.

But Osmond said that, once a DUI citation is issued, the law gives the defendant an immediate right to post bond.

Circuit Judge Mark Hill took up the questioning:

If a driver is stopped for DUI on the highway, Judge Hill asked, does that mean "as soon as they're given the ticket, they can get back in their car and leave?"

Osmond's answer: "If the officer issues a ticket, I guess at that point in time, yes."

Though one section of Florida law allows the detention of DUI suspects for up to eight hours or until their blood alcohol level drops, Osmond argued that the Legislature failed to include DUI in another section of Florida law that lists the grievous offenses for which suspects can be jailed while awaiting trial.

Hyslop's light sentences, she said, were his way of rebuking the state for denying the suspects their liberty for eight hours.

"It may be one third of a day, but it's still someone's liberty," she said.

"Do you actually think this should be sanctioned?" asked Judge Hill.

Friday's hearing wasn't the first time an appeals court has reviewed Hyslop's DUI rulings.

Hyslop previously ruled that the eight-hour detention -- on top of community service and fines -- constituted double jeopardy. Those rulings were overturned by the appeals court.

On the recent case, Merritt said the appeals panel would issue its ruling after considering the arguments presented Friday.

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