The Palm Beach Post

The lei gave him away? Baird attorney argues ‘rush to judgement’ in Indian River administrator’s DUI case

August 25th, 2009 by TCPalm.com

VERO BEACH — County Administrator Joe Baird was a victim of police “rush to judgment,” his defense attorney said in the opening arguments of his DUI case Tuesday.

Bobby Guttridge told jurors when Baird stepped out of his Jeep when it was stopped May 16, Baird was wearing a flowered Hawaiian lei around his neck. Because of that, police “never gave Baird the benefit of doubt.”

Baird was arrested after attending a community fundraiser in Wabasso at which Guttridge said Baird had two beers. But Assistant State Attorney David Dodd told jurors Baird failed all of the police roadside sobriety tests. Baird couldn’t stand on one leg, walk a straight line, count backwards or follow the movement of a pen with his eyes.

Guttridge blamed that on Baird having physical problems, including vertigo.

Dodd also said an officer found an alcoholic beverage spilled on the floorboard of Baird’s Jeep.

Prosecutors Tuesday morning are putting the arresting police officers on the stand to testify. Vero Beach Police Lt. Matt Harrelson is first. He stopped Baird at 10:26 p.m. May 16 near the Miracle Mile Plaza on 21st Street.

Harrelson testified he could smell alcohol when he was within 6 feet of Baird. Because of Baird’s appearance, he called in a DUI investigator.

By Elliott Jones

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