A man from Cape Coral who was involved in an accident that resulted in the death of a bicyclist was arrested Monday. He could barely stand before his probation officer who allegedly found drugs in the suspect’s socks.

The family of the dead cyclist is angered by the fact that the suspect continues to find his way out of doing jail time even though he has an extensive history of arrests.

The middle aged cyclist from Cape Coral was killed when he was struck by a Nissan Altima and thrown from his bike, police stated.

Blood and urine samples were taken from the suspect, who was also taken to the hospital for injuries; officials are waiting for the official results of the toxicology report, but suspect that they will contain evidence of alcohol.

“Based on his history and his most recent offense, it’s more likely than not the stat will be seeking jail time if not prison time,” said a local defense attorney who is not connected to the case. The suspect could be facing up to five years in state prison.

The suspect has a list of nine past offenses that actually include a past DUI charge along with a variety of other charges spanning from child neglect to three different counts of drug possession. He has served a total of 47 days in jail for his past offenses.

After his arrest on Monday the suspects probation officer said that the suspect was unbalanced and had slurred speech. The anxiety drug Xanax, which is for prescription only, was found in his sock.

The suspect was the finally charged for first the drug possession charge, secondly violating his probation from a previous drug charge, and thirdly for leaving Lee County without permission.

It is unlikely the suspect will be able to avoid jail time after these charges, he was denied bail and is in jail awaiting his July 6th court appearance.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.