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Florida Senator's Drunk Driving Trial Postponed Until August

POSTED: 11:56 am EDT June 22, 2004
UPDATED: 5:46 pm EDT June 23, 2004

State Sen. Lee Constantine asked to speak to an officer's police chief when he was being given a sobriety test before being arrested on a charge of drunken driving, the officer testified Tuesday during a pretrial hearing.

"He said something about calling my chief of police because he knows him and he would take care of it," said Maitland police officer Monte Ertel during a hearing in Orange County court.

Ertel said he advised the Republican senator from Altamonte Springs, "That's not possible."

Constantine was arrested last month after Ertel said he spotted the senator's Mercedes drifting in and out of lanes and speeding. Ertel said he later smelled alcohol on the lawmaker's breath.

Constantine was later videotaped performing field sobriety tests and refusing a breath-alcohol test. Constantine was heard on tape repeatedly asking to speak with Orange County Sheriff Kevin Beary.

The defense team argued unsuccessfully to have the videotapes thrown out because, it says, the field sobriety tests weren't administered properly and, therefore, the results are meaningless.

The defense plans to call an expert to testify about the effects of gasoline fumes, because there was a gas can in Constantine's trunk. And, the defense says, the Florida driver's license is misleading about which sobriety tests drivers must agree to by law. The defense also pointed out that Constantine was nervous over the effect his second DUI arrest would have on his career and that anxiety could affect his ability to perform the tests.

After a joint request from defense and prosecution attorneys, the senator's trial, which was scheduled to start Wednesday, was postponed.

On Wednesday, County Judge Antoinette Plogstedt set the trial date for August 23rd.


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