ORANGE COUNTY, Fla. — Orange County Sheriff's Office Deputy Joey Busque was arrested over the weekend on a DUI charge, but an Orlando attorney is asking why.
Busque was pulled over by Florida State Trooper Jeremy Balzan for speeding on State Road 408.
The trooper ended up giving Busque a field sobriety test and arrested him on a charge of DUI.
Busque admitted to drinking that night, but his breathalyzer test showed his blood alcohol was well below the legal limit, and now dashcam footage is causing one attorney to question the deputy’s arrest.
“One thing you can see on the video is the pole is a fixed object and there doesn’t appear to be any sway or unsteadiness, even though the trooper indicates in his report that (Busque) is swaying and unsteady on his feet,” said DUI attorney Matt Olszewski, who is not attached to the case.
Add in the breathalyzer test that shows Busque was not legally drunk when he was arrested and Olszewski wondered how the case could go forward.
“I don’t know if they had probable cause to arrest him, but still, they have a tremendous uphill battle in order to get a conviction in court,” he said.
In his report, Balzan said Busque had glazed eyes, swayed back and forth and had a “strong odor of alcohol.”
Busque is a seven-year veteran of the Orange County Sheriff’s Office and according to the office has never had any discipline problems in the past.
He is still working for the office full time.