Judge Julio Rodriguez III
Butler was charged with driving under the influence and unlawful fleeing from a police officer. He sought suppression of statements and all "fruits of the poisonous tree" obtained from his arrest, including evidence of a breathalyzer exam and the results. An officer observed Butler drive through a red light, and failed to stop despite being followed by the officer in a marked police car with flashing lights. When Butler stopped and was ordered out of the vehicle, the officer observed he was unsteady on his feet, with glassy eyes and smelled of alcohol. Butler agreed to take a chemical breath test and results revealed a 1.57 percent blood alcohol content. Butler now argued his right to counsel was violated during the breathalyzer procedure. The court disagreed finding Butler’s statements regarding attorneys were equivocal, and when police explicitly stated he could call his attorney, Butler never responded. It stated, viewed in its entirety, the video of the procedure failed to show that Butler’s references to a lawyer, either standing alone or in the context in which they were made, were unequivocal, specific requests to speak with an attorney. The court also found Butler’s statements were voluntary and spontaneous, and not the result of any interrogation. Thus, suppression was denied.
