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    • Marco Island, FL City Councilman Erik Brechnitz DUI charges dropped
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    Marco Island, FL City Councilman Erik Brechnitz DUI charges dropped

    Online Niel Posted on

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    DUI charges were dropped against Marco Island City Councilman Erik Brechnitz by the state of Florida, which was unwilling to pursue the misdemeanor case.

    Brechnitz, 86, was arrested and charged with Driving Under the Influence (DUI) on July 26 in Marco Island. He was found asleep in his running car in the afternoon and could not be woken by several people, according to the police report. They called 911.

    Brechnitz said he was in the designated parking space in a garage at the Royal Marco Point apartment complex, where he lives.

    Court documents show that on Oct. 2, State’s Attorney Amira D. Fox filed the state’s “Notice of Nolle Prosequi” in Collier County Court. The Latin phrase means to be unwilling to pursue or “we will pursue no more.”

    A subpoena for medical and EMS records was granted to the state on Sept. 3, but there are no related documents in court records.

    Breathalyzer test results showed Brechnitz blew a .036. Legal limit it’s .08 in Florida. The test was administered at the Naples Jail Center about three hours after police were dispatched to 5000 Royal Marco Way at 2:13 p.m. An initial police report said he hit over 0.36. City Manager Mike McNees said in July that the figure was an error and was corrected shortly after the report was filed. “At age 86, I would have been dead,” Brechnitz said at a Nov. 4 City Council meeting.

    At the meeting, Brechnitz expressed his irritation with the arresting bureau and the union that represents Marco Island police, the Fraternal Order of Police Lodge 95. He pointed out that the breathalyzer results were incorrect when they were first reported in police report. He said he was upset that the union included details from the police report and what he said was an incorrect presentation of his arrest in a 17-page document describing the union. concerns with the leadership of Marco Island Police Chief Tracy Frazzano.

    “I’ve kept my mouth shut all this time and then I see this kind of nonsense put in a document sent to all my fellow councilors about my issue and it’s not concrete,” he said. “I never spoke to Chief Frazzano about this matter, not when it happened, not after it happened, not at any time since.”

    More: Marco Island City Council Vice President Erik Brechnitz has been arrested, charged with DUI

    Brechnitz held for six hours; the arresting officer moves on

    Brechnitz said he was detained for six hours after passing the breathalyzer test.

    “It took him six hours to write the police report. Six hours I sat there after passing the breath test, after having no evidence other than the field test, which is a disguise for developing probable cause… It was outrageous. .”

    Arresting Officer Edward Carey said in the report that he smelled alcohol on Brechnitz’s breath, that the aide first said he hadn’t had anything to drink and then said, “”he did drink, but he didn’t drink enough to be drunk “.

    Brechnitz pleaded not guilty and dropped the charge.

    More: Marco Island police union meets with city manager about chief, offers document of concerns

    Unrelated to the alderman’s arrest, Carey left the Marco Island Police Department for a job with the Collier County Sheriff’s Office, union president Jonathon Gray said Saturday.

    “He wasn’t let go or fired,” Gray said. “He is the fifth officer since January 2023 to leave and become a deputy.” Four went to Collier County and the fifth to Lee County, he said.

    Brechnitz said he will not sue the city

    Brechnitz said his attorney wants him to “do something,” like sue the police department and thus Marco Island.

    “I’ve had calls from other lawyers, who by the way are not very nice people, offering their services,” he said. “Why would I do that? Because why would I sue the people? Why would I sue the people who elected me to public office; the city has no money. It only gets money from the citizens who pay taxes . I’m not going to sue my own citizens. So clearly that’s not on the table, but I’m disheartened by the culture of deception that exists in that department as they close ranks to cover up for clear and obvious wrongdoing in outrage.”

    Online Niel
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