Author:
Brian Haas
Publish Date:
07/29/2005
Source:
Sun-Sentinel
Article Link:
[click here]

 

'HOORAY' -- COUNTY DROPS AN 18-YEAR-OLD DUI CHARGE

Broward prosecutors dropped an 18-year-old drunken driving case Friday against a Lake County woman who wasn't notified of the charge until she was arrested last year.

"Hooray, hooray, I'm done!" said Susan Kaplan, who was originally charged with the DUI in 1987. "Thank you, Lord. I'm very pleased."

Kaplan, now a Lady Lake resident, had a blood alcohol level of .13 when she was pulled over, prosecutors said. When a witness fell ill before her trial began, the case was dropped.

Prosecutors re-filed within days, but Kaplan was never notified, although she remained in Broward County for nearly 15 years. For much of that time, she was a waitress at the Floridian restaurant, and Fort Lauderdale police officers were among her regular customers.

Late last year, Lake County authorities surprised Kaplan by showing up at her home and arresting her on the old warrant.

Assistant State Attorney Nathan Avrunin said Friday that he dropped the case because too much time had elapsed and key witnesses could not be found.

Kaplan's attorney, Norm Kent, praised Avrunin's decision. He said the prosecutor did the right thing and that the DUI case was a clear violation of Kaplan's right to a speedy trial.

"The state has a duty to notify someone if they're prosecuting them. They can't abandon that responsibility," Kent said. "It's just unfortunate she was arrested so many years later."

Prosecutors aren't sure how Kaplan's case was forgotten, and they don't know whether anyone in the county tried to serve the DUI summons after 1987, Avrunin said. Avrunin said Kaplan had not gotten so much as a traffic ticket in 18 years.

"The case is now officially closed," Avrunin said.

But Kaplan said she isn't letting down her guard.

"I want it in writing," she said, "so they don't come after me again."

Brian Haas can be reached at bhaas@sun-sentinel.com or 954-356-4597.


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