Hillsborough prosecutors are now going to have to try to prove that Channel 13 anchor Russell Rhodes was driving while intoxicated without their primary evidence: his blood-alcohol level.
County Judge Cheryl Thomas threw out the evidence today after Rhodes' attorney, Jeffrey Brown, argued that the WTVT, Channel 13, morning news anchor didn't voluntarily consent to give his blood after a January scuffle with deputies.
The trial is set for Monday. Online records show Rhodes, 50, is charged with DUI and obstruction of justice.
"It is a victory for us, sure," Brown said. "I don't see how they have a case."
Authorities say that on Jan. 16, Rhodes was driving recklessly through the Channelside parking garage when an off-duty deputy stopped him and attempted to take his car keys. The deputy said Rhodes refused and that he then took Rhodes to the ground and handcuffed him.
Rhodes was taken to Tampa General Hospital to be treated for a laceration to his lip and a contusion to his left cheek. Brown argued that at the hospital deputies asked Rhodes to give his blood even though it was not a DUI investigation.
Rhodes was charged with obstruction of justice the same day. Following his arrest, Hillsborough Sheriff's spokesman J.D. Callaway told The Tampa Tribune that, "We have a DUI investigation under way. We took a blood draw at the hospital and are awaiting results from the analysis."
Rhodes' blood-alcohol level was 0.179 and 0.178, according to discovery documents released by the state attorney's office earlier this year. Florida law presumes impairment at 0.08.
Rhodes was charged with DUI on Feb. 5.
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