After driving through an accident scene, a Tampa nurse accused of DUI claims the officers used “illegal search and seizure” and failed to give due process in her arrest.
Mary Evelyn “Evie” Nordgren is a 42-year-old a registered nurse who works at 1412 W. Waters Ave. in Tampa, according to her nursing license. Currently, Superior Injury Care is at that address.
Nordgren’s medical license records show no emergency actions, discipline cases or public complaints. She is married to Daniel Glen Nordgren; the couple live in Tampa’s Seminole Heights neighborhood.
In 2010, Evie Nordgren was arrested in Hillsborough County for DUI with property damage; she refused a Breathalyzer test, which triggered an automatic one-year license suspension.
Case documents say Nordgren completed substance abuse treatment in November 2011.
On the night of September 24, 2016, Tampa police were investigating a traffic crash near the intersection of Himes Avenue and Busch Boulevard, when a 2016 Chevy Impala LTZ – driven by Evie Nordgren – made a turn that went through the accident scene; the area had been set off by flares, and a Florida Highway Patrol vehicle with emergency lights flashing.
After officers yelled at Nordgren to stop and roll down her window, they reportedly smelled alcohol and thought her to be intoxicated. Another officer was called to conduct field sobriety exercises.
Nordgren again refused a Breathalyzer test. Being her second such refusal, it triggering another automatic 18-month license suspension. Nordgren was arrested for both DUI and possession of narcotics without a prescription.
In a Writ of Certiorari petition filed Feb. 13 with the Hillsborough County Circuit Court, Nordgren is asking to lift the suspension. She argues the traffic stop amounted to an “illegal search and seizure” since police lacked sufficient evidence to stop her in the first place.
Nordgren says she filed a timely demand to the DHSMV requesting a Formal Review Hearing of the suspension, as well as filed a timely Prehearing Statement.
As for the two troopers on the scene, the suit says “both testified that Ms. Nordgren’s driving pattern did not impact any other vehicles on the road and did not create an unsafe environment or rise to the level of a traffic infraction which she was cited for.”
Nordgren’s complaint argues she was denied due process since the actions of the trooper performing the DUI investigation, as well as other officers: “were not supported by competent and substantial evidence and their decision departed from the essential requirements of law.”
Court records are not clear whether the Florida Department of Health is aware of Nordgren’s 2010 and 2016 incidents, with the latter seemingly relevant to her work as a nurse, as she is accused of possessing narcotics without proof of a prescription.