Destin attorney arrested for DUI after two accidents (with ARREST REPORT)

Local defense attorney, Robert Scott Whitehead, was arrested and faces multiple charges in connection with two motor vehicle accidents in Destin Saturday night.

Whitehead, who is 38, was charged with DUI with property damage and personal injury, refusing to submit to a blood alcohol test and leaving the scene of a traffic crash. This was the second time he has been charged with refusing to submit to a blood alcohol test, according to an Okaloosa County Sheriff's Office press release.

Investigators say Whitehead of Destin hit a car at the intersection of U.S. Highway 98 and Scenic Highway 98 and then hit another vehicle near The Track. The accidents caused major traffic back-ups.

One of the accidents was a head-on collision, according to the Okaloosa County Sheriff's Office incident report. No one was injured in the vehicle Whitehead struck, the report said.

Whitehead told the deputy he was not injured, but the deputy noted he appeared to be heavily intoxicated. His face was "slightly red," his eyes were "glassy" and "watery" and his speech was slurred and difficult to understand.

"I don't want to go to jail," he said, during the traffic investigation.

When the fire department arrived on scene and tried to check on Whitehead, he attempted to put the vehicle into gear to drive away. The deputies and one of the firefighters managed to turn the vehicle off and take away the keys, according to the report.

Whitehead told the deputy he was unable to find his driver's license, registration or proof of insurance. After repeated attempts to locate the documents, he found his registration and proof of insurance.

He refused to submit to field sobriety tests and had trouble finding his shoes and putting them on. The deputy finally put one of his sandals on for him, but they were unable to locate the other one.

He said he could walk on his own but had trouble getting to the patrol car. Once there, he struggled to get into the vehicle, laying down on his left side and kicking his feet "as if to push off an object that was not there," the incident report noted.

On the way to jail, Whitehead asked the deputy if he was OK. Getting out of the car, he stumbled and fell against the deputy, pushing him against the wall. He refused to submit to a breath test and later asked the deputy to call him a cab.

He was booked into the county jail.

According to the attorney's Web site, Whitehead has been a Destin resident for nearly three decades and an attorney for more than 11 of those years. The firm specializes in the areas of Civil Litigation, as well as Criminal and Family Law to include drug cases, DUIs, all felonies and misdemeanors, divorce, child custody, modifications, contempt, guardianship and adoption."

Whitehead has litigated some high profile local cases. He represented a South Walton High School coach who was arrested and later convicted of driving under the influence. He also represented a man who was suing a Destin condo firm after he claimed that at least seven foreign workers were living in a unit rented to a single occupant.

The full arrest report follows:

On May 23, 2009, I responded to the area of Highway 98 and Scenic Highway 98, Destin, in reference to a traffic crash with injuries.

I observed what appeared to be two different crashes due to the distance between scenes. I made contact with D/S Kelly Henderson, who was already on scene, informed me that the crashes were related and that the driver of the black GMC was possibly intoxicated. I went to the black GMC which was observed to be facing west bound, however had struck another vehicle which was in a turn lane for the east bound lanes.

I checked on the driver, who was the only person in the vehicle and later found to be the registered owner of the black GMC later identified as Robert Scott Whitehead, who stated that he was not injured and appeared to be heavily intoxicated. I then approached the passengers of the vehicle which was hit, head on, by Whitehead who stated that they were all ok and did not need medical attention. I then returned to Whitehead for observation.

I observed a minor injury to Whitehead’s right knee. The injury appeared to be an abrasion, which was bleeding, however Whitehead stated that he was ok and unhurt. I observed a moderate to strong odor of alcohol emitting from the vehicle and the breath of Whitehead. Whitehead face was slightly red and his eyes were glassy, watery, had extremely dilated pupils and I further observed a nystagmus in both eyes while Whitehead was looking straight ahead.

In attempting to communicate with Whitehead, he was hard to understand due to having a slow his speech being slurred and mumbled on occasions. While D/S Henderson was conducting a traffic crash investigation Whitehead made the statement “I don’t want to go to jail.”

After the fire department arrived on scene they began to check on the status of Whitehead. While doing so, Whitehead reached up to the ignition and cranked the vehicle then reached for the gear handle, to again drive the vehicle. With the assistance of an unknown fire fighter, we were able to turn the vehicle off and take the keys from Whitehead’s possession.

For purposes of the traffic crash investigation I requested Whitehead’s driver’s license, registration and proof of insurance. Whitehead appeared to be confused and began to look in the pocket of the driver side door, then in the center console and finally in the glove box compartment. Whitehead informed me that he could not find any of the requested information at which point I asked him if he had his wallet. Whitehead then grabbed the driver side door and began to pull it towards him, in an attempt to again look inside the pocket on the door, and hit me with the door. Again Whitehead was unable to locate any of the requested information.

On his third attempt Whitehead was able to locate his registration and proof of insurance. Whitehead did not have his driver’s license present with him. Whitehead again refused any medical treatment by the fire department.