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“Big Breasts” Hinder DUI Test?

Posted by Craig Penrod | Sep 09, 2013 | 0 Comments

PSL woman Maureen Raymond says her ‘big breasts' hindered her DUI test performance, affidavit states

Will Greenlee, Scripps Treasure Coast Newspapers

PORT ST. LUCIE, Fla. — A Port St. Lucie woman who said her big breasts hindered her ability to perform field sobriety tests was arrested on a DUI charge after starting to dance and disrobe, according to recently released records.

During one of the tests, Maureen Raymond, 49, told a Martin County Sheriff's deputy she couldn't follow his instructions, saying “hell no not with these . . . not with her big boobies,” an arrest affidavit states.

The case that landed Raymond behind bars began around 9:20 p.m. Jan. 29 when a deputy went to a reckless vehicle call in the area of U.S. 1 and Jensen Beach Boulevard.

A deputy spotted a Toyota Camry exceeding the speed limit and crossing the double yellow lines. The Toyota stopped in a Walgreens parking lot. A deputy “detected the odor of an alcoholic beverage about” Raymond, the driver, and found a glass that smelled of booze.

When another deputy said they were going to perform roadside tasks, Raymond told the deputy he “needed to understand that she is big chested,” saying big bosoms make balancing difficult. Asked if she had any injuries, Raymond said she had big breasts and whiplash.

During one test she started to dance.

“I asked her if she wanted to attempt the task and she stated if I hold her hand,” an affidavit states. “I asked her again if she would like to attempt the task and she stated not really because she has big breasts.”

The deputy told her to keep her hands by her side and “she stated hell no not with these. Telling me again she can't do it, not with her big boobies.”

The affidavit did not specify a size for Raymond's breasts or even give a ballpark estimate.

The deputy later stopped her when she started taking off her clothes to display her bosoms.

It wasn't clear whether large breasts could be cited as part of a DUI case defense or whether case law supports such a contention.

At the jail, a deputy asked Raymond if she'd take a breath test, which measures blood alcohol content.

“She told me she was praying and that I need to relax because she is praying and God is first,” the affidavit states.

Raymond, of the 2600 block of Southeast Gowin Drive in Port St. Lucie, ended up not giving a legit breath sample.

About the Author

Craig Penrod

Craig W. Penrod was born and raised in Arizona and has practiced criminal defense for over 30 years. Mr. Penrod is a member of the State Bar of Arizona, Maricopa County Bar Association, State of Nevada Bar Association, American Bar Association, American Trial Lawyers Association, Arizona Trial Lawyers Association, Nevada Trial Lawyers Association, Arizona Attorneys for Criminal Justice and the National Association of Criminal Defense Lawyers.

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