A driving under the influence charge against David J. Maloney has been dismissed.
The state determined there was insufficient evidence to prove the charge beyond a reasonable doubt, according to a media release from state attorney Bill Eddins’ office.
“Both the in-car and intoxilyzer room videos were obtained and demonstrate no signs of impairment,” Adrienne Emerson, assistant state attorney with the First Judicial Circuit writes.
Witnesses said they saw Maloney buy a drink for his wife while declining a drink for himself because he was driving, according to the attorney's office.
Though he was speeding and had an odor of alcohol and bloodshot eyes, those factors do not prove the charge "beyond a reasonable doubt," Emerson said.
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Locally known personal injury lawyer David Maloney was arrested early Sunday morning for a DUI charge in Escambia County.
Maloney, who lives at 8187 Pompano Street in Navarre, was booked at 3:35 a.m. Sunday and released at 9:41 a.m., posting a $500 bond, according to Escambia County Jail records.
According to his firm’s website, Maloney-Frost, LLP focuses on injury victims, including automobile accidents and DUI victims. The practice has offices in Mobile, Alabama, and Biloxi, Mississippi. Maloney has been a licensed attorney for more than 20 years.
In a TV commercial, Maloney faces the camera and says, “I’ve said it before, and I’ll say it again: If you drink, and you drive, and hurt someone, don’t call me. I’m not going to represent you.”
Maloney has a court date set for June 1.
This article originally appeared on Crestview News Bulletin: DUI case against personal injury lawyer David J. Maloney dismissed