Evidence Thrown Out in Tampa TV Anchor DUI Case

Back in January, Channel 13 morning news anchor Russell Rhodes was arrested for obstruction of justice. Prosecutors claim Rhodes was driving recklessly through a parking garage when an off-duty Hillsborough County Sheriff’s deputy stopped his car. The deputy tried to take Rhodes’ car keys but the morning news anchor tried to run or walk away twice. The deputy tackled Rhodes to the ground and placed him in handcuffs.

Rhodes was injured in the altercation and was taken to Tampa General Hospital due to a cut lip and bruised left cheek. While at the hospital, deputies asked Rhodes to provide a blood sample despite the fact that the case was not a DUI investigation. He signed a consent form to have his blood drawn.

After the arrest for obstruction of justice, the sheriff’s department told the media that a DUI investigation was under way and that they were waiting on results of the blood tests. When those tests came back, they showed Rhodes’ blood-alcohol level was 0.179 and 0.178. Florida law presumes impairment at 0.08.

Rhodes was then charged with DUI.

Rhodes’s DUI defense attorney argued in court though that the sheriff’s deputy failed to tell Rhodes that he was not required to sign the form. The attorney asserted that Rhodes gave consent under duress.

The deputy testified that he had informed Rhodes of his options. However, the deputy has testified differently in an earlier hearing. The trial court judge granted Rhodes’ motion to suppress the blood sample because his consent was not voluntary.

The judge previously denied Rhodes’ request to throw out his arrest on the obstruction charge. As there was no breath test administered, the blood sample was the state’s only evidence of the news anchor’s blood alcohol level. Without that evidence available now, prosecutors will be hard-pressed to prove their case beyond a reasonable doubt.

Rhodes’s trial is set for next week.