But Breath Samples Show No Sign Of Alcohol. Did Delray Beach Police Go Too Far? Share Your Comments On The Arrest.
BY: 24/7 CRIME DESK | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — A Delray Beach man was arrested for DUI minutes after he said he left an Alcoholics Anonymous meeting and crashed into a car stopped at a light — at the intersection of Lake Ida Road and Congress Avenue. But While Delray Beach Police claim he showed signs of inebriation, Howard Rosenblum provided two breath samples that yielded a 0.0 breath alcohol content. He was still charged with DUI. BocaNewsNow.com obtained a copy of the police report filed by Delray Beach Police.
“On 09/21/2023 at approximately 1716 hours, I was dispatched to the intersection of Lake Ida Rd and Congress Ave reference a two véhicle crash. Upon contact I met with the reporting party who stated the following: (the reporting party) was stopped in traffic just east of Congress Ave, (the reporting party) traveling west-bound on Lake Ida Dr in the straight-through lane. (The reporting party) stated he was then struck from behind by a white Jeep Grand Cherokee (bearing FL tag 50DILA). (The reporting party) stepped out of the vehicle and contacted the sole occupant inside the White Grand Cherokee, (the reporting party) stated that while he was exchanging information with Rosenblum, he noticed him slurring his speech, slow to respond and possibly intoxicated.
I spoke to Rosenblum while he was still inside the driver seat of the vehicle. His response to my questions appeared slow and his eyes were glossy and droopy and his speech was slurred. I asked Rosenblum to step outside of the vehicle and began to ask him simple questions. I asked Rosenblum if he needed any medical attention at this moment and he stated he needed ankle surgery on October 4th. I asked Rosenblum if he was on any medication, and he stated he took an Advil earlier in the day. As I was asking these questions, Rosenblum was unable to stand on his own, he was swaying and often times had to take a step in order to regain balance. He stated he had just left from an Alcoholic’s Anonymous Meeting 10 minutes before it ended.
I then informed Rosenblum that I concluded the crash investigation and was going to begin a DUI investigation. I then asked the same series of questions to Rosenblum. I asked if he required any medical attention again. This time; Rosenblum stated he was having hip surgery on November 4th.
Rosenblum’s eyes were glossy and very droopy, his mouth dry with saliva in the comer of his lips, and he was un able to stand without losing his balance. Several times he would lean against the back of his vehicle for balance. I asked Rosenblum if he would submit to roadside tasks in order to dispel my fear of him being under the influence, he agreed.”
Police say he had issues completing several road-side field sobriety tests. Rosenblum, 68, was arrested and booked into the Palm Beach County Jail on one charge of DUI. He was also ticketed for careless driving. Rosenblum was released on his own recognizance roughly five hours after he was logged into jail. A court date is pending.
Do you think it is appropriate to charge someone with DUI if they provide breath samples yielding a 0.0 breath-alcohol content? Share your thoughts, below.
22 responses to “Delray Beach Man Charged With DUI Minutes After Leaving Alcoholics Anonymous Meeting”
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My question is—-If the test was .00,Why and how did the officers not know if he might have then had a mild stroke. His actions are symptoms of a stroke. Not very wise of the officers not to realize this. I wonder if this got any worse while he was jailed. Not a good scenario.
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No, he could have possibly be having a mild stroke or TIA, same symptoms
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I notice the police look very young! I was wondering if they continue to have on going training.
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I also thought It sounded like he had a stroke.
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It seems the Police are DESPERATE to give people DUIs, just because it brings a lot of money to the Courts, Lawyers, DUI schools, Therapy, Fines. It is a BUSINESS and they are very good at looking for the smallest hint to arrest somebody. This happened to me and even though a Medical Card was in my wallet asking First Responders and other of the Medications I was taken( which couldn’t be mixed with Alcohol) the Cops didn’t care and took me to jail and costed me almost $7500.
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Exactly my thoughts! A health issue!
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That’s why it was changed from dwi to dui. It’s not just alochol but substances that impair.
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I have palatal tremors and mild ataxia. I have difficulty speaking clearly and slur my words at times and can’t stand still without wobbling. I can not walk heel to toe or balance on one leg without falling sideways. I am fine driving and riding my bicycle. I have often wondered if ever i were stopped while driving would I be assumed to be drunk!! This is frightening!
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So much for respecting the anonymous part of Alcoholics Anonymous by publishing his name
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Thank you for pointing this out
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This sounds outrageous to me. If his alcohol level was 0.0, how can he be arrested for a DUI? There are numerous illnesses, that have similar symptoms. Maybe he was having a stroke. Why wasn’t he sent to the hospital for a diagnosis?
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I agree with all of the comments above. I also don’t understand why he wasn’t medically cleared by a hospital & why blood was not drawn prior to booking. Could it be because the officer’s we’re getting off duty at 1800 hrs, 6:00 p.m.?
Why wasn’t the other driver’s name published?
Nice way to tarnish A.A.’s reputation.
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Disgusting. Might’ve been having a stroke
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Absolutely could have been a mild stroke.
The police should have drawn blood to see if he was under the influence of Xanax or anything else.
The charges as is will not stand up in court.
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This situation hasn’t been handled very well. No alcohol but he could have ingested something else or perhaps he had a medical problem. He certainly deserves his privacy. Messy.
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I represented a man in NJ with similar facts, though no crash, with 0.0% BAC. After the charges were dismissed, the city quickly settled for $10,000 as soon as I filed suit.
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The arrested subject could have been under the influence of another substance that was not detected by the breathalyzer.
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As someone who has previously been licensed and worked in EMS, it sounds to me that this man may have been experiencing a TIA and the cops of Palm Beach County are not medically trained to recognize such symptoms so they jump to DUI when the proof of such isn’t there.
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This will be thrown out of court. Unfortunately he will still have to have a lawyer. They should not have published his name as he is in AAA. Did they take blood from the man? Nevertheless he should not be driving if he isnt all there. Plus at night it is harder for an older person to see. I avoid driving at night.
Barbara -
Don’t be so fast to blame the arresting police officer. Up until the driver passed the breath test with a .00 reading, the police officer had every right to believe he was under the influence of “something”. Police officers are not doctors, but after the test reading, Mr. Rosenbergs wife or children should have been called and let them make a decision whether he should be seen by a doctor or taken to the hospital, which the police would have done. The fact that his name was published is so wrong. I hope the publishing idiot gets sued by this man. What happened to Marcy’s law, or privacy law, or whatever would cover his name from being released?????
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Arrests are public information. But we love that you cite completely unrelated acts in your response.
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The police will always do the easiest thing for themselves. The guy said he just left an AA meeting. He seems a little off. Easiest thing for a lazy cop to do is conclude that he’s drunk. The cop then takes him to the station to do. The breathalyzer realizes It’s 0.0 but can’t explain himself. So he sticks with his original assessment and arrests the poor old man to let the courts sort it out. Because, again, cops are lazy, and will do the easiest thing to get through their shift.
My question is—-If the test was .00,Why and how did the officers not know if he might have then had a mild stroke. His actions are symptoms of a stroke. Not very wise of the officers not to realize this. I wonder if this got any worse while he was jailed. Not a good scenario.
No, he could have possibly be having a mild stroke or TIA, same symptoms
I notice the police look very young! I was wondering if they continue to have on going training.
I also thought It sounded like he had a stroke.
It seems the Police are DESPERATE to give people DUIs, just because it brings a lot of money to the Courts, Lawyers, DUI schools, Therapy, Fines. It is a BUSINESS and they are very good at looking for the smallest hint to arrest somebody. This happened to me and even though a Medical Card was in my wallet asking First Responders and other of the Medications I was taken( which couldn’t be mixed with Alcohol) the Cops didn’t care and took me to jail and costed me almost $7500.
Exactly my thoughts! A health issue!
That’s why it was changed from dwi to dui. It’s not just alochol but substances that impair.
I have palatal tremors and mild ataxia. I have difficulty speaking clearly and slur my words at times and can’t stand still without wobbling. I can not walk heel to toe or balance on one leg without falling sideways. I am fine driving and riding my bicycle. I have often wondered if ever i were stopped while driving would I be assumed to be drunk!! This is frightening!
So much for respecting the anonymous part of Alcoholics Anonymous by publishing his name
Thank you for pointing this out
This sounds outrageous to me. If his alcohol level was 0.0, how can he be arrested for a DUI? There are numerous illnesses, that have similar symptoms. Maybe he was having a stroke. Why wasn’t he sent to the hospital for a diagnosis?
I agree with all of the comments above. I also don’t understand why he wasn’t medically cleared by a hospital & why blood was not drawn prior to booking. Could it be because the officer’s we’re getting off duty at 1800 hrs, 6:00 p.m.?
Why wasn’t the other driver’s name published?
Nice way to tarnish A.A.’s reputation.
Disgusting. Might’ve been having a stroke
Absolutely could have been a mild stroke.
The police should have drawn blood to see if he was under the influence of Xanax or anything else.
The charges as is will not stand up in court.
This situation hasn’t been handled very well. No alcohol but he could have ingested something else or perhaps he had a medical problem. He certainly deserves his privacy. Messy.
I represented a man in NJ with similar facts, though no crash, with 0.0% BAC. After the charges were dismissed, the city quickly settled for $10,000 as soon as I filed suit.
The arrested subject could have been under the influence of another substance that was not detected by the breathalyzer.
As someone who has previously been licensed and worked in EMS, it sounds to me that this man may have been experiencing a TIA and the cops of Palm Beach County are not medically trained to recognize such symptoms so they jump to DUI when the proof of such isn’t there.
This will be thrown out of court. Unfortunately he will still have to have a lawyer. They should not have published his name as he is in AAA. Did they take blood from the man? Nevertheless he should not be driving if he isnt all there. Plus at night it is harder for an older person to see. I avoid driving at night.
Barbara
Don’t be so fast to blame the arresting police officer. Up until the driver passed the breath test with a .00 reading, the police officer had every right to believe he was under the influence of “something”. Police officers are not doctors, but after the test reading, Mr. Rosenbergs wife or children should have been called and let them make a decision whether he should be seen by a doctor or taken to the hospital, which the police would have done. The fact that his name was published is so wrong. I hope the publishing idiot gets sued by this man. What happened to Marcy’s law, or privacy law, or whatever would cover his name from being released?????
Arrests are public information. But we love that you cite completely unrelated acts in your response.
The police will always do the easiest thing for themselves. The guy said he just left an AA meeting. He seems a little off. Easiest thing for a lazy cop to do is conclude that he’s drunk. The cop then takes him to the station to do. The breathalyzer realizes It’s 0.0 but can’t explain himself. So he sticks with his original assessment and arrests the poor old man to let the courts sort it out. Because, again, cops are lazy, and will do the easiest thing to get through their shift.
Comments are closed.