Baltimore Sun

Off-duty Delray Beach officer refuses DUI breath test after crash

An off-duty Delray Beach police officer suspected of DUI has been suspended from duty after rear-ending a car and refusing to submit to a breath test, an arrest report said.

Marques Brown, 41, spent about six hours in the Palm Beach County jail early Monday before he was released on his own recognizance at 7:27 a.m., court records show.


Brown was charged with misdemeanor DUI and causing $5,000 in property damage.

Tatum Fitzpatrick smashed her mouth into her steering wheel when Brown slammed into the back end of her Ford with his Tesla, her sworn witness statement said.


Fitzpatrick was driving north on A1A, a bit north of West Atlantic Avenue when she was rear ended at about 10:09 p.m. Sunday, police said.

Brown told Fitzpatrick he was an off-duty cop and asked if she was OK. He did not call 911; Fitzpatrick did, her statement said.

Brown told investigators he ran into the back of the Ford when it put its brakes on. He admitted to having a few drinks earlier in the night, according to his arrest report.

Brown smelled of alcohol, had bloodshot glassy eyes and swayed, the arresting officer wrote.

Brown agreed to sobriety exercises on the side of the road but first advised that he had prior knee and ankle injuries, police said.

After not doing so well with the exercises, Brown signed a document saying he would not submit to a breath test despite the possibility that his refusal could trigger a one-year suspension of his driver’s license, records show.

The odds are slim for prosecutors to prove a DUI without a positive breath, blood or urine test to support the charge.

Brown, a road patrol officer, was hired by Delray Beach police in in October 2008, said Dani Moschella, spokeswoman for the department.


Brown now is suspended without pay pending the results of the Florida Highway Patrol’s criminal investigation and the Delray Beach Police Department’s internal affairs investigation, she said.

Brown has an arraignment hearing scheduled for May 20 before Palm Beach County Court Judge Paul Damico.

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