In the motion filed in Palm Beach County court, Baker is asking a judge to suppress all evidence in the case, claiming a violation of Florida Accident Report Privilege.
“The law enforcement officer investigating the boating incident did not inform him they were ceasing their accident investigation and commencing a criminal investigation and did not issue Miranda warnings,” the motion states.
The motion cites a Florida statute prohibiting the use of statements made by persons involved in accidents in order to avoid violation of the Fifth Amendment privilege against self-incrimination.
Baker is scheduled to go before a Palm Beach County judge in September.
A federal judge recently dropped Baker as a party in a lawsuit suing the Town of Palm Beach, saying Baker was not the owner of the “Time Out” and therefore cannot sue.
Blue Water Enterprises, Inc. is listed in court records as the boat’s owner.
The federal case is scheduled to go to trial in March 2018.