In the wake of his DUI arrest Sunday many are wondering why local attorney David J Maloney did not have to take a drug test and why he even had a driver’s license after getting more than two dozen speeding tickets in the last 16 years.
Sunday morning, Maloney was pulled over on Via da Luna Drive in Pensacola Beach for going 55 miles an hour in a 35 mile an hour zone. It was the 27th speeding ticket that Maloney has received since 2000.
Before Sunday’s incident, court records indicate Maloney had racked up five speeding tickets in Baldwin County, eight in Escambia County Florida, seven in Santa Rosa County, and six in Okaloosa County.Several of those speeding incidents happened on Interstate-10. Maloney frequents that freeway as he lives in Navarre but has his office in Downtown Mobile.
Maloney spread his speeding tickets out enough to avoid any long term suspension of his license. In Florida, it takes a 4th speeding ticket in a one year period for a driver to get his or her license suspended for 30 days. That’s if all tickets are 15-miles an hour over the limit or less.
Alabama operates on a two-year time frame. A 6th speeding ticket in two years results in a suspension for 60 days, assuming all tickets were for 25 miles an hour over the limit or less.
Drivers can also eliminate some speeding tickets by attending driver’s education classes. Court records show Maloney got rid of five of his 27 speeding tickets that way.
Maloney got two egregious speeding tickets in Pensacola in a three week span in 2000, going 89 in a 55 mph zone and 90 min a 45 mph zone. Maloney’s top clocked speed was 104 on I-10 in Baldwin County in 2001.
On Sunday in Pensacola Beach, Maloney refused a field sobriety test and also refused to take a Breathalyzer, two decisions attorneys, and even law enforcement; say will make it much harder to get a conviction.
Under Florida law, Maloney was not required to submit to a blood test.
“If you injure someone, including yourself, if you are in a DUI with injury, blood is drawn for those accidents, with force, if necessary,” explained Chief Deputy Eric Haines of the Escambia County Sheriff’s Office.
In Alabama, it is up to the arresting jurisdiction. A driver can refuse to submit to a blood test, but immediately forfeits his or her license for 90-days.