Pasco Man Cleared of DUI Charges After Expert Testifies

A Pasco County jury took just minutes to deliberate and then acquit Robert Corbin of driving under the influence. Back in March, Pasco deputies were dispatched to a storage center to diffuse a fight between Corbin and his girlfriend.

When they got there, deputies saw Corbin’s 2006 Harley-Davidson motorcycle lying on the ground nearby. One deputy wrote in his report that Corbin – who had apparently already downed a few beers – fell off his bike, then ran toward the stairs of the building, “leaving the motorcycle on its side still running and the key in the ignition.”

The deputies charged Corbin with DUI.

Three deputies testified in court that they observed Corbin fleeing the scene and the motorcycle engine running. Corbin’s defense attorney, however, called a motorcycle expert to testify that the deputies’ scenario was impossible.

Ken Wood, a Harley-Davidson salesman testified that all Harleys built after 2003 have a safety feature which shuts the engine off if it leans over for more than 45 degrees for one second. There’s no way the bike could remain running on the ground, he said.

A valid DUI charge doesn’t require a running motor, under Florida law. It simply requires an impaired person in control of a vehicle. The prosecution only has to prove that the defendant has the ready ability to operate the vehicle under his or her control.

Corbin claims that the motorcycle was damaged and had been in a storage unit for a couple of months. He took it out to wash it and the bike was simply standing there when it got knocked over during the argument with his girlfriend. Corbin’s girlfriend also testified he hadn’t used the motorcycle in the hours leading up to their argument.

The deputies’ report stated that Corbin had glassy eyes, slurred speech and reeked of alcohol. He readily admitted to drinking beers, and said he did not have a license because it was suspended during a prior DUI.

Corbin’s license had been revoked in January for having four or more DUIs. He was charged with DUI, driving with a revoked license and refusing to take a breath test.

See Also:

DUI Charges in New Port Richey “Parking”