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:: RECENT COURT VICTORIES
Court Victories
To protect our clients privacy, incomplete case numbers are provided.
County Date Case # Charge Comments
07/23/2008 05-1039XXXXF10A , 06-0200XXXXF10A, 08-114XXXX10A Aggravated Battery Domestic The defendant was on felony probation for two separate cases for drug and weapons charges. The defendant was arrested on charges (Domestic) Battery by Strangulation which violated the two probation cases listed above. The defendant was facing 30 years in prison at the maximum and would be sentenced to prison if it was determined that he violated probation based on the new arrest. The Firm obtained evidence that the defendant was actually the victim of the Domestic Violence and that the alleged victim as named by the State lied about the events leading to the defendant’s arrest. The Firm was able to have the defendant released from a “no bond” incarceration and the State was forced to drop the (Domestic) Battery by Strangulation and dismiss all violations of probation on the cases listed above.
07/21/2008 08-XXX700XXM10A DUI The defendant was found by officers to be slumped over the wheel of his vehicle and asleep. The vehicle was partially obstructing traffic. It took several attempts to wake the defendant both verbally and physically. Upon the defendant waking up, the officers observed the defendant to have the strong odor of an alcoholic beverage, bloodshot, glassy eyes, a dazed and confused look and was unsteady on his feet to the extent he had to use his car door for balance upon exiting the vehicle. He also had difficulty handling his vehicle documentation and locating it. The defendant refused to answer any questions, perform any roadside sobriety exercises or submit to any breath test despite being warned of the possibility that his license would be suspended for one year. The firm filed 2 Motions to Suppress on the client’s behalf. The State dropped all DUI charges
07/15/2008 200XCXXX9661AXX DUI The defendant was seen speeding in his car and making a turn from the wrong lane. Once he was stopped, the officer noticed that there was an odor of alcohol, bloodshot eyes, slurred speech and he was having trouble producing documentation for the car. Roadside exercises were requested and the defendant performed poorly according to the officer. After the arrest, the defendant was asked to submit to a breath test, and he agreed. The results were .093 and .092. All charges were dropped during the jury trial.
07/10/2008 07-02XX08XXXM10A DUI The defendant crashed in to the rear of a stopped tow truck at a high rate of speed. The defendant made several statements to the first responding officer that he was the driver involved in the crash and made several statements regarding how much alcohol he had consumed. That deputy noticed the defendant to be unsteady on his feet and the odor of an alcoholic beverage on his breath covered by a breath mint. The defendant also had slurred speech; difficulty coherently answering questions; and a flushed face and bloodshot watery eyes. The defendant refused to perform roadside sobriety exercises and refused a blood test. The DUI charges and the criminal Refsual to Submit to Testing were dropped.
07/08/2008 07-7XX0MXXXM10A DUI The defendant was stopped by an officer from the Hollywood Police Department for racing another vehicle, driving at an excessive speed, cutting off other vehicles; running a stop sign and making a turn into oncoming lanes of traffic. That officer as well as the DUI Investigator noticed that the defendant had an odor of an alcoholic beverage; flushed face; bloodshot and glassy eyes, slurred speech and was argumentative and had mood swings. The defendant was stumbling and had to use his vehicle for balance. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant admitted to being under the influence and to consuming three rum and cokes and to taking two percocet and one tagamet. The defendant was arrested for DUI and refused all testing. The judge entered a judgment of acquittal based on the firm’s motion made at the close of the State’s case and the case was not allowed to go to the jury. This was the equivalent of a dismissal entered by the judge.
07/02/2008 20XXXXR000XXXAXX DUI The defendant was observed driving a 2005 Infiniti that pulled out in front of a police officer at a high rate of speed. The car was seen by the officer weaving from right to left “all over the road”. The vehicle made quick turns on different roads. After being stopped, the officer had difficulty understanding anything the defendant was saying. A strong odor of an unknown alcoholic beverage was coming from the defendant and he had slurred speech as well. The defendant submitted to field sobriety exercises where he swayed and flapped his arms during the walk and turn exercise. He also stepped off the line several times and almost fell over on step 6. During the one leg stand the defendant swayed during the entire exercise and put his foot down 3 times and asked several times if he was done. During the finger to nose exercise, the defendant did not close his eyes as instructed, did not tilt his head back as instructed and did not touch tip as instructed. During the alphabet task, the defendant did not close eyes as instructed and at the end of the exercise he fell backwards 2 steps. The defendant admitted on scene to the officer that he had 7-8 drinks. The defendant was taken into custody and refused a breath test. Subsequently, the defendant answered questions by the officer which incriminated him. The defense filed a motion to suppress the refusal as well as a motion to suppress defendant\\\'s statements based on a 5th amendment right to remain silent prior to the trial date. RESULT: The State dropped the DUI charge at trial.
07/01/2008 200X-CXXT-1XXX2 DUI The defendant was pulled over for a road rage incident. He allegedly cut off another vehicle and slammed on his brakes and weaved in front of another vehicle to prevent them from passing. After the vehicle did pass him, he began to flash his high beams at them. When the officer approached the vehicle, he noticed that the defendant smelled of alcohol and had bloodshot eyes and slurred speech. The officer asked him to step out of the vehicle and perform field sobriety exercises. The defendant did the exercises and was arrested afterwards. He was taken to jail and refused the breath test claiming that he wanted to speak with his attorney first. The case went to trial and a jury found him not guilty after deliberating for a short 30 minutes.
06/16/2008 07XXX4FDUXXX DUI The Defendant was stopped for going 89 mph in a 50 mph zone. After the Deputy stopped the Defendant, he noticed an odor of alcohol, bloodshot eyes and slurred speech. The Defendant admitted to drinking several beers. A DUI officer arrived to conduct a DUI investigation. The Defendant performed several field sobriety exercises unsatisfactorily and was arrested. The Defendant then provided breath samples of .129 and .125. Jury’s verdict: Not Guilty
06/11/2008 08-TC-0XXX65 DUI The defendant got into an accident and left the scene. An officer stopped him after noticing a driving pattern of weaving and going up on a curve. As the officer was talking to the defendant, he heard over the radio about a hit and run and detained the defendant until the other officer arrived and did an accident report. After the accident report was done the police started a Dui investigation. The defendant refused Field Sobriety Exercises and the breath test. The State dropped the leaving the scene of the accident and the DUI property damage. The DUI charge was reduced to a wet reckless driving.
06/09/2008 200XCXXXX48X1AXX DUI The defendant was clocked going 69 mph in a 50 mph zone. The officer stopped the defendant who was confused and completely dazed and was not listening to anything the officer said. The defendant was unable to focus on the officer and had glassy, red bloodshot eyes and an odor of alcohol on his breath. He also had an open beer bottle in the front seat with an open empty beer bottle in the back seat and a cooler of five cold beers closed in the front seat. The defendant fumbled through his documents and had to be told what he was looking for over and over again until he finally found the documents. The officer asked defendant to exit his vehicle and he was unable to maintain his balance. The defendant admitted that had drank a couple of beers and after being requested to perform field sobriety exercises, he was arrested for DUI. He was taken to the Breath Alcohol testing facility where he refused the breath test that was requested. Verdict: Not Guilty.
06/09/2008 07-125XXXXMXXM10A DUI Three Officers from the Plantation Police Department responded to a rear end collision in which the Defendant was involved. Upon the arrival of the officers, the Defendant was found asleep at the wheel of his vehicle with the motor running and he was unresponsive to the officers’ attempts to wake him. The Defendant was dazed, confused and disoriented upon waking up. The Defendant was asked to exit his vehicle and was extremely unsteady on his feet and “appeared to be intoxicated” according to the arresting officer. The defendant had a heavy odor of an alcoholic beverage and stated he “drank just a little”. The Defendant refused to submit to roadside sobriety exercises and refused to submit to a breath test. All DUI charges were dropped on 6/9/08.
06/06/2008 08-10XXXXXM10A Domestic Violence Felony VOP The defendant was charged with domestic battery arising out of fight with his live in girlfriend and those charges violated his felony probation. Through testimony gathered by the firm, we were able to establish that the victim was the first aggressor and that the defendant properly used self-defense. Accordingly, the felony violation of probation was dismissed and the domestic violence charge was not filed on by the State.
06/04/2008 2007CT037675AXX DUI The defendant was clocked driving 88 in a 65 on I-95 and then abruptly cutting across 4 lanes of traffic to get off at Woolbrite road. The officer got behind defendant before the exit ramp at Woolbrite and activated his emergency lights and sirens for about 1.5 miles and defendant did not stop his car. The officer shined his spotlight on the vehicle at the Woolbrite exit and then continued following the vehicle until the defendant pulled up to the security gate at his neighborhood. At the gate, the officer again shined the spotlight into the car with sirens and lights activated, noticed the defendant look in the rear view mirror and drive through the security gate. The officer had to quickly accelerate in order to get through the security gate. The officer followed the defendant and stopped him at his house. The officer noticed an odor of alcohol coming from his breath, red bloodshot glassy eyes and slurred speech.The defendant stumbled while getting out of the car and had to hold onto the car for support. The defendant submitted to field sobriety tasks. During the walk and turn, the defendant could not keep his balance, stepped off the line on numerous occasions, started before being instructed to start, made an improper turn and walked more than nine steps as instructed. During the one leg stand, the defendant placed his foot down on three occasions and used his arms to balance when told not to. During the finger to nose, the defendant only touched his finger to the tip of the nose one time out of the five times he was instructed to do so. The defendant told the officer he had a few drinks and was arrested and taken to the breath alcohol testing facility where he blew a .137/.116/.127. Verdict: Not Guilty of DUI.
06/03/2008 200XCXXX1537AXX DUI The defendant’s girlfriend calls him to the scene where she was stopped for running a red light and does not have a valid driver’s license. He parks his car, partially obstructing the roadway, stumbles out of his car and has to hold onto his car for balance. The officer then starts speaking to him and he cannot complete sentences and has an odor of alcohol coming from his breath, red bloodshot and glassy eyes, slurred speech and trouble maintaining his balance. DUI officer called to the scene to conduct field sobriety exercises. The defendant performs poorly on sobriety exercises and is arrested for DUI. At the Breath Alcohol Testing facility, defendant admits to drinking 3 beers before he got in the car, but then denied the fact that he was driving the car. He told the officer that his friend was driving and not him. Refused Breath Test. Verdict: Not Guilty
06/02/2008 06-1XXXX0XXXM10A DUI The Defendant was stopped by a Police officer for the City of Miramar in Pembroke Pines for running a red light and weaving on approximately 10 occasions. Upon making contact with the defendant, the officer noticed the defendant to have an odor of an alcoholic beverage upon her breath, uncoordinated movements, bloodshot eyes and unsteadiness upon exiting her vehicle. The defendant performed poorly on roadside sobriety exercises and submitted to the breath test that resulted in a .129/.129 reading. The firm filed a Motion to Suppress the stop based upon the officer’s illegal stop of the defendant’s vehicle outside his jurisdiction. The Motion was granted and the State dismissed all charges.
05/28/2008 200XXXCTXXX1164AXX DUI While following the defendant’s vehicle, the officer witnessed it changing from lane to lane without signaling. The officer also witnessed the defendant\'s vehicle almost hit a post on a bridge and nearly hit a car when stopping at a red light. The defendant was stopped by the officer and admitted to taking sleeping pills. The defendant submitted to sobriety tasks and during the walk and turn she paused to regain her balance, stepped off the line 2 times and used her arms to balance. During the one leg stand she used her arms for balance and swayed from side to side. She also put her foot down on more than one occasion. When asked to recite the alphabet, she did not close her eyes as instructed several times and stated H, H, Y, U, B, Z. During the finger to nose task she did not keep her eyes closed as instructed, failed to return her arms to her side and used the wrong hand as well as the wrong finger as instructed. The defendant\'s vehicle also had yellow paint on it and when asked about it, she told the police officer that “I hit a pole”. A urine test was conducted, the sample came back positive for Cocaine and Lorazepam. Result: DUI Charge was dismissed.
05/19/2008 CXX07260XXXXXXX Felony DWLS The defendant was stopped for driving with an expired tag. During the traffic stop, the officer learned that the defendant’s license was suspended. The defendant was charged with Felony Driving while License Suspended. The firm filed a motion to dismiss. On the day the motion was to be heard, the State dropped all felony charges.
05/16/2008 08-0XX03XXX DUI The defendant was stopped after being observed traveling 70 mph in a 40 mph zone. An officer also witnessed the defendant accelerating rapidly and making quick turns in an apartment complex parking lot. The defendant was stopped after exiting the parking lot. Upon making contact with the defendant, the officer noticed an odor of an alcoholic beverage, bloodshot and glassy eyes, and his speech was slow. The defendant was arrested for a DUI. A search of the car revealed marijuana pieces and seeds throughout the car. A can of beer was found behind the passenger seat and a tin full of marijuana and paraphernalia were found in the center console. The defendant refused to take a breath test. The State dropped all charges after the firm convinced the Office of the State Attorney that it would be unable to prove any impairment on the part of the defendant.
05/15/2008 07-0X26XXXXM10A DUI The defendant’s car was lawfully parked in a bank parking lot. An officer responded to the defendant’s vehicle as he witnessed what he thought was an assault of a female passenger in the defendant’s vehicle. The officer responded to the driver’s side of the defendant’s vehicle and witnessed the defendant receiving oral sex from the female passenger. Upon making contact with the defendant the officer noticed that the defendant had the strong odor of an alcoholic beverage; red bloodshot eyes, flushed face; slurred speech and was extremely combative and argumentative. The defendant performed poorly on roadside sobriety exercises and registered a .154/.145 on the intoxylizer and told the officer that she was going to drive to her home that was only two blocks away from the scene. The defendant was found not guilty at trial as we argued the defendant was not driving or in “actual physical control of the vehicle”.
05/09/2008 08-64XXXXXXXM10A DUI / DWLS / R The defendant was stopped for making several wide turns, weaving from lane to lane, and stopping in the middle of an intersection. Upon making contact with the defendant, the officer noticed the defendant to have an odor of an alcoholic beverage, red bloodshot and watery eyes, slurred speech and difficulty with his movements and handling vehicle documentation. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant was arrested and submitted to a breath test and refused a urine test. The State dropped all charges after the firm notified the Office of the State Attorney that it would be unable to prove the substance by which the defendant was impaired.
05/08/2008 20XXCXXXXXX23AXX DUI The defendant was driving erratically and aggressively weaving in and out of traffic on busy congested Okeechobee Blvd at 7:00 at night. A civilian witness calls the police when he sees the driver drinking out of a wine bottle while driving the car and speeding and changing lanes aggressively. Citizen complainant stays on the phone and follows the defendant until a deputy arrives and starts following the defendant. The deputy testified that defendant’s vehicle was weaving back and forth in the lanes, driving onto the swale, almost hit a pedestrian walking his dog and then jerked the car forward when he came to a stop for the officer. The defendant had slurred speech, a strong odor of alcohol on his breath, red glassy and hazy eyes. The deputy testified that the defendant attempted to conceal a partially consumed bottle of wine and vodka in the center consol of the vehicle. He also testified that the defendant was trembling and shaking and could not keep his balance during any field sobriety exercises. The defendant could not walk heel to toe, did not keep his foot on the line, and swayed while walking. During the one leg stand, defendant put his foot down and swayed. During the finger to nose, the defendant swayed while standing, kept his finger on his nose instead of bringing it back down as instructed and missed the tip of his nose on numerous occasions. The deputy arrested defendant for DUI and during the ride over to the Breath Alcohol testing facility defendant stated “I’m going to refuse that test, you are never going to prove that I was drunk.” Defendant refused the breath test at the BAT facility. Verdict: Not Guilty.
05/07/2008 200X-CT-1XXXX77 DUI The defendant was pulled over for speeding. He was traveling 60/45. When stopped, the officer noticed that he smelled of alcohol, had bloodshot eyes, and slurred speech. The defendant claimed that his medication causes his speech to sound slurred. The officer administered field sobriety exercises and claimed that the defendant did not do well on them. The defendant was arrested and gave a breath sample of .094 at the station. The state dropped the DUI after negotiations.
05/06/2008 07-23XXXXXXM10A DUI The defendant was seen by an officer speeding 65 mph in a 35 mph zone and weaving in a construction zone. The officer initiated a traffic stop and the defendant pulled over almost striking a construction barricade. The defendant had an odor of an alcoholic beverage that was described as obnoxious and putrid by officers; had bloodshot watery eyes; slurred speech and had a dazed and confused look, not to mention a mismanaged appearance. The defendant was asked to perform roadside sobriety exercises, but refused them and then later refused a breath test and loudly belched at the breath testing facility in front of law enforcement personnell. The defendant was found not guilty at trial after only about 5 minutes of jury deliberations.
04/30/2008 06-102XXXXM10A DUI The defendant was stopped within a BSO DUI checkpoint on Oakland Park Boulevard. Upon making contact with the defendant, the BSO deputy noticed the defendant to have a strong odor of an alcoholic beverage, bloodshot watery eyes, extremely slurred speech, slow and lethargic movements, and a dazed look. The defendant was asked to move his car to an area to perform roadside exercises and almost hit a cone and another vehicle. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant submitted to a breath test on site and registered .191/.194 on the intoxylizer, well over twice the legal limit. The firm filed a motion to suppress the stop at the check point and the detention of the defendant by the arresting officer. The judge granted the motion to suppress and all evidence was excluded from trial. The State’s appeal of the judge’s ruling was dismissed. The State dropped all charges.
04/29/2008 50200XXX029789AXXXMB DUI The defendant was stopped by police when they witnessed him driving over pavement lines, swerving, and failing to maintain his lane of travel. Police noted that defendant\'s speech was slurred, his response was slow, his eyes were bloodshot, and they detected a strong odor of an alcoholic beverage. The defendant performed poorly on roadside sobriety tasks and was arrested for DUI. The defendant then refused to provide a sample of his breath to police. DUI charge dropped by the State 4-29-08.
04/21/2008 06-22XXXXM10A DUI The defendant was stopped by a Broward Sheriff’s Office Deputy for speeding on Oakland Park Boulevard. Upon making contact with the defendant, the deputy noticed the odor of an alcoholic beverage, bloodshot watery eyes, and slurred speech. The defendant also used the steering wheel for balance when exiting her vehicle. The defendant was asked to perform roadside sobriety exercises at the scene of the stop and did so poorly. The defendant was arrested and taken to the Breath Alcohol Testing Facility and again performed physical performance exercises poorly to the extent that she was compelled to hold the wall for balance. She also submitted to a breath test that resulted in a .137/.141 reading on the intoxylizer. The defendant was found not guilty by a jury after only 4 minutes of deliberations.
04/16/2008 20XXXM0XXX82AMB DUI The police witnessed the defendant and another person acting extremely intoxicated as they were leaving a nightclub and getting into their vehicle. The police then observed the same vehicle driving and conducted a traffic stop. The police noticed defendant to have a very strong odor of an alcoholic beverage emanating from him as he spoke, and that he had bloodshot droopy eyes. The police asked the defendant to sit on the front bumper of his patrol car due to his extreme intoxication. The officer asked the defendant how much he had to drink and he said “a lot”. The defendant was arrested for DUI and refused a breathalyzer test. DUI charge dropped by the State.
04/15/2008 08-XX16XXXMM10A DUI The Defendant was pulled over for failing to maintain her lane. The stopping Deputy noticed that the defendant exhibited an odor of an alcoholic beverage and other indicia of alcohol impairment. The defendant performed poorly on roadside exercises and submitted to both a breath and urine test. The State Dropped all charges.
04/14/2008 06-21XXXXM10A DUI The defendant was seen by two Florida Highway Patrol Officers traveling at 99 mph in a 65 mph posted speed zone on the Florida Turnpike and made several erratic lane changes and was tailgating other vehicles and causing them to take evasive action. The troopers conducted a traffic stop on the shoulder of the turnpike. The defendant was asked to exit his vehicle and was so unsteady that he almost fell into a lane of travel on the turnpike. The defendant had an odor of an alcoholic beverage on his breath; had red blood shot eyes; had difficulty handling and identifying his vehicle documentation and was very unsteady. The defendant was asked to perform roadside sobriety exercises and performed poorly as an impaired or intoxicated person would. The defendant submitted to a breath test and registered a .094/.095 on the intoxylizer. The State dropped all DUI charges.
04/14/2008 07XXX0106XXXMB DUI The police made contact with the defendant when they noticed him to be slumped over the wheel of his vehicle. The police asked him where he was coming from and he said Peru. The police noticed an obvious odor of an unknown alcoholic beverage coming from his breath as he spoke, that his eyes were bloodshot and glassy and that he was crying. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant provided two samples of his breath of .129 and .121 both over the legal limit of .08. The defendant found not guilty of DUI after a jury trial.
04/09/2008 200XCXXXX1938AXX DUI The defendant’s car was stopped for continuously weaving within it’s lane of travel and for making a wide turn. After stopping the vehicle, the officer learned that the tag was registered to a different vehicle and that the defendant was unable to show proof of insurance. Signs of impairment were noticed and roadside exercises were performed on video. After the officer concluded that the roadsides were performed poorly, the defendant was arrested. At the police station a breath test was attempted. The officer felt as though the defendant was “playing games” at the breath machine, not blowing properly. 2 breath samples were obtained; .134, .136, however they were considered “volume not met”. The breath test results were not admitted into evidence, and the defendant was found not guilty of the DUI after trial.
04/02/2008 04-021XXXXM10A DUI The Defendant was the driver of a vehicle that caused a rear-end collision with 4 other vehicles. Four occupants of those vehicles as well as the Defendant were transported to the hospital for various injuries. The DUI officer responded to the hospital, as the initial officer on scene felt that the Defendant may have been impaired. The DUI officer also noticed the odor of alcohol coming from the Defendant and because the Defendant was in and out of consciousness ordered a blood draw at the hospital. The Defendant’s blood contained .17g% of alcohol, more than double the legal limit. DUI charge dropped on the day of trial.
03/24/2008 05-17XXXCF10A;05-XXX16CF10A; 08-XXX5CF10A Felony Possession of Cocaine with Intent to Deliver or Sell The Defendant was on two separate felony probations for felony possession and manufacturing of cannabis (marijuana). On February 16, 2008, the defendant was arrested for Possession of Cocaine with Intent to Deliver or Sell at the Seminole Hard Rock Hotel and Casino in violation of the probations listed above based on an anonymous tipster inside of the Hotel. Based on the tip, two uniformed officers approached the Defendant and grabbed him out of line as he waited in front of a nightclub and found 17 separate baggies of cocaine in his pocket after an alleged consensual search. Our firm subpoenaed the videotape that monitored the lines entering the nightclub, which clearly reflected that the manner in which the officers seized the defendant was unlawful and unconstitutional and would have caused all evidence (cocaine) to be suppressed in both the probation violation cases and the new felony cocaine case. Accordingly, the State conceded and dropped the new felony case and dismissed all warrants for the violations of probation. The defendant was facing a maximum 30 years in prison and a minimum of 4 years.
03/20/2008 07-TC-244XXX442446 DUI The defendant was involved in an accident where he rear-ended a car stopped at a traffic light. He then jumped out of the vehicle and fled on foot. Shortly after, he was arrested by the police after he was caught in an alley less than a block away. The officers stated that he had trouble standing, had an odor of alcohol on his breath, slurred speech, and bloodshot eyes. He claimed that he was not driving and that the person that was driving had fled on foot. He claimed that he was trying to catch the real driver. The officers located surveilance video showing the defendant exiting the vehicle. The video only showed one person exiting the vehicle and that person fit the descrption of the defendant. He was charged with DUI, DUI with injuries, and DUI with property damage. After taking the depositions of all the witnesses, the state agreed that their case had holes in it and dropped the cases.
03/20/2008 50200XXXX03832AXX DUI The defendant was witnessed by another motorist when her vehicle created a cloud of dust and then came to a stop. The other motorist then went to check to see if the defendant was ok and noticed she was very intoxicated. The motorist said that the defendant could barely talk, and the defendant told the motorist she was drunk. The other motorist then called 911. Police then arrived on scene and requested the defendant to perform field sobriety exercises. While police were trying to explain these exercises they had to keep holding onto the defendant to keep her from falling. Police stopped the roadside exercises because they feared for safety as she continued to sway backwards. The defendant was arrested for DUI and refused a breath test. DUI charged dropped by the State 3-20-08.
03/19/2008 20200XXT005619AXXXMB DUI The defendant was stopped by police when they noticed him traveling 63 mph in a 50 mph zone. The police also noticed the defendant drifting from the inside lane to the middle lane several times. The police made contact with defendant and noticed a strong odor of an alcoholic beverage coming from his vehicle. The police also noted that defendant had difficulty in searching for his driver’s license, insurance and registration. The defendant performed poorly on field sobriety exercises and was arrested for DUI. After our firm began to work on this case and flied court pleadings, the DUI charge was dropped by the State.
03/18/2008 06-4XXXMM10A DUI The defendant’s vehicle was stopped for running past a stop bar line and for drifting within it’s lane of travel. After the stop, the officer noticed that the driver’s eyes were red and glassy and that there was an odor of alcohol coming from the driver’s breath. Once the DUI officer arrived on scene, roadside exercises were completed on video and the defendant was arrested. After the arrest, the defendant submitted to a breath test and blew .120, .120. On the day of trial, the State dropped the DUI.
03/13/2008 06-261XXXM10A DUI The defendant was observed by officers weaving within his lane of travel and speeding and almost striking a concrete median. The defendant also failed to stop for the officer for two blocks. The officer made contact with the defendant and noticed that the defendant had an odor of an alcoholic beverage coming from his breath, his eyes were red and glassy, he appeared dazed and confused, and was sweating profusely. The defendant also had difficulty handling and identifying his vehicle documentation. The defendant performed poorly on roadside sobriety exercises and refused a breath test. The State dropped the DUI charges on the Day of trial.
03/06/2008 07-6199XXMM10A DUI Officers of the Plantation Police Department initiated a traffic stop upon the Defendant’s vehicle for going through a red light. Upon making contact, with the Defendant, the officer observed the Defendant to have the odor of an alcoholic beverage on her breath and red, bloodshot watery eyes, and slurred speech. The officers also advised that the Defendant was disoriented as to her whereabouts and location. The Defendant was asked to perform roadside sobriety tasks and did so poorly. The Defendant submitted to a breath test which resulted in a reading of .186/.187, in excess of double of the legal limit. The firm filed a Motion to Suppress the Unlawful Detention for Roadside Sobriety Exercises. The Motion was granted by the Judge and all evidence for trial was excluded. The stae dropped all charges, including the DUI
02/27/2008 07-303XXMM10A DUI The defendant was observed weaving in and out of his lane of travel and driving with an expired tag and was stopped by an officer from the Davie Police Department. Upon making contact with the defendant, the officer noticed that the defendant had an odor of an alcoholic beverage, bloodshot watery eyes, slurred speech and a flushed face. The defendant kept stating to the officer that he was a firefighter over and over again, which he was not. The officer called the fire chief to the scene and it was proven that the defendant was definitely not a firefighter. The defendant refused to perform the roadside tasks and refused a breath test. The defendant also admitted that he said he was a firefighter in order to avoid being arrested for DUI. Acquitted by jury of all charges.
02/21/2008 07-99XXXMM10A DUI The Defendant left a bar and entered his vehicle with a female companion. The Defendant was blocked in to a parking space by a law enforcement officer and was ordered from the vehicle. The officer noticed that the Defendant had an odor of an alcoholic beverage coming from his breath and had bloodshot watery eyes. The Defendant was asked to perform roadside sobriety tasks and did so poorly. The Defendant Refused a breath test. The firm filed a Motion a Motion to Suppress the Illegal seizure of the Defendant based on the officer restricting the Defendant’s movement by use of his vehicle. The Motion was granted and the state dropped all charges.
02/19/2008 07CTXXX375AMB DUI The defendant was stopped by police for failing to maintain his lane of travel on two occasions. Police noticed the defendant to have an odor of an alcoholic beverage about his person and that his eyes were bloodshot. The defendant also admitted to drinking two or three beers. The defendant performed poorly on field sobriety exercises and was arrested for DUI. After being arrested for DUI the defendant refused to provide a sample of his breath. DUI charge dropped by State 2-19-08.
02/18/2008 2007-CT-1XX03-O DUI The defendant was stopped for weaving in his lane and then was found to have an open container in the vehicle once the officer stopped him. The defendant refused to do Field Sobriety Exercises and a Breath test. This would have been his second DUI in 5 yrs. On the day of trial the state finally decided to amend the charge to reckless driving after months of negotiations.
02/14/2008 48-2XXX-CT-18XX5-0 DUI The defendantnt was pulled over for doing 64 mph in a 45 mph zone. When the officer approached the vehicle, he smelled a strong odor of alcohol and noticed that the defendant\\\\\\\'s eyes were red and glassy. The officer requested that he step out of the vehicle. When he stood up, the officer claimed that he had a strong circular sway. The defendant admitted to having 3 beers at a gentleman\\\\\\\'s club the last one approximately 30 minutes before he was pulled over. The officer conducted field sobriety exercises and determined that he was impaired. He was arrested and taken to the station were he provided a breath sample of .051 and .052. Case was dismissed by the state on the day of trial.
02/13/2008 48-XXX7-CT-16XX4-0 DUI The defendant was involved in an accident after she allegedly ran a stop sign. When the officer arrived, he noticed a 12 pack of beer in the back seat and some bottles were open. He noticed that the defendant\\\'s speech was slurred, her eyes were watery, and her face was flushed. He told the defendant that she was now the subject of a DUI investigation and she began to have a panic attack. When the officer requested that she perform field sobriety exercises, she said \\\"no\\\" because \\\"...it would be harder to prove in court\\\" if she did not do them. When the officer attempted to place hand cuffs on the the defendant, she fell down and complained that she could not breathe. The officer continued to arrest her and took her to the station. At the station, she refused to provide a breath sample and said \\\"I\\\'ll get this dismissed.\\\" The state dropped the case on the day of trial
02/12/2008 06-225XXXM10A DUI The defendant was observed and later stopped by a Broward Sheriff’s Deputy for speeding and driving with an expired tag. Upon being stopped, the deputy noticed the defendant to have an odor of an alcoholic beverage on his breath, bloodshot and glassy eyes, slurred speech and the defendant appeared disoriented. A DUI investigator was called to the scene and confirmed the stopping deputy’s observations. The defendant performed roadside sobriety exercises and did so poorly. The defendant was arrested and made conflicting statements to different officers pertaining to the amount of alcohol he consumed that night. The defendant refused all testing, including the breath test. The defendant found not guilty by a jury on all charges.
02/05/2008 06-0251XXXM10A DUI The defendant was seen at a red light by a Broward Sheriff’s Deputy spinning his tires at a traffic light. The Deputy followed the Defendant into a parking lot of the Red Roof Inn where the Defendant again repeatedly spun his tires directly in front of the Deputy. The Deputy noticed that the Defendant had an odor of an alcoholic beverage, bloodshot glassy eyes and slurred speech. The Defendant also admitted to consuming 5 drinks in the 45 minutes prior to being pulled over. The DUI Task Force investigator was called to the scene and noticed that the Defendant had an odor of an alcoholic beverage, bloodshot eyes and was unsteady on his feet. The Defendant performed poorly on roadside sobriety exercises and refused the breath test because he wanted his Doctor to be present for the testing. The Defendant was acquitted by a Jury.
01/30/2008 07-162XXM10A DUI The defendant was observed by officers driving at 60 mph in a posted 35 mph speed zone. Upon stopping the defendant, the officers noticed the odor of an alcoholic beverage on her breath, bloodshot and glassy eyes, and slurred speech. Upon her exiting the vehicle, the defendant was unsteady on her feet. The defendant then participated in two sets of roadside sobriety exercises and performed poorly on each. The defendant then refused to submit to a breath test. The defendant was acquitted by a jury after only 5 minutes of deliberations.
01/29/2008 2007XX024065AXX DUI The defendant was seen driving his vehicle in excess of the posted speed limit, and failing to maintain his lane of travel. After being stopped by the officer, the defendant was asked to get out of his truck. The defendant had an odor of alcohol on his breath, red/glassy eyes, slurred speech and was unsteady on his feet as he walked to the police car. After being offered roadside tasks, the defendant refused. After the arrest, 28 unopened beer bottles were found in the truck, (16 in a cooler). At the police station, while on video, the defendant refused a breath test. The defendant was acquitted of DUI by a jury, after 10 minutes of deliberation.
01/22/2008 07-TC-0XX459 DUI The defendant was driving southbound in the northbound lane. The officer proceeded to follow him and noticed that he swereved two times out of the lane and then drove on the shoulder for 100 yards before being pulled over. The officer noticed that the defendant had a strong odor of alcohol on his breath and that his eyes were bloodshot and glassy. The officer requested that the defendant perform field sobriety exercises and at the conclusion of the exercises he arrested the defendant. At the station, the defendant refused to take the breath test. The case went to trial and our client was found not guilty.
01/17/2008 05-13XXXM10A DUI The defendant was pulled over by a Broward Sheriff’s deputy for driving with an inoperable headlight and swerving into another lane. The deputy noticed that the defendant had an odor of an alcoholic beverage on her breath and that her eyes were red. The defendant also admitted that she had one drink that evening. The defendant performed poorly on roadside sobriety exercises and performed poorly. The defendant submitted to a breath test that registered .099/.099, well over the legal limit. The Firm filed a Motion to Suppress the Detention of the Defendant based on the Deputy’s failure to make observations of the Defendant that were indicative of the Crime of DUI. The Firm’s motion was granted and all evidence subsequent to the stop was excluded from trial. The State appealed the Judge’s Ruling on the Motion to Suppress and our Firm fought the appeal. Based on our appellate arguments, the trial court’s ruling was affirmed and the State was forced to drop all charges against the Defendant.
01/11/2008 04-23XX2MM10A DUI The Defendant was stopped for speeding. The stopping deputy noticed the Defendant had an odor of an alcoholic beverage, glassy eyes and a red and flushed face. The Defendant admitted that she was drinking. The Defendant performed poorly during roadside sobriety exercises and submitted to three breath tests that resulted in readings over the legal limit, .097/.118/.112. The Firm filed a Motion to Suppress based on an Unlawful Detention. The Motion was granted by the judge and the State dropped all charges.
01/10/2008 07-387XXXM10A DUI The defendant was seen by a Broward Sheriff’s Deputy driving with his brother in-law in a manner allegedly too fast for conditions. The Deputy, who was on foot patrol, attempted to stop the vehicle, but the defendant pulled into a parking spot. It was at that time the defendant was observed to have an odor of an alcoholic beverage, slurred speech, bloodshot watery eyes, mood swings, and was unsteady on his feet. The defendant performed poorly on roadside exercises and registered a .103/.108 on the intoxylizer. The Firm found three witnesses that affirmatively stated that the defendant was not the driver of the vehicle and divulged them to the state attorney’s office on the day of trial. A jury was selcted and the State dropped the DUI Charges.
01/07/2008 06-76XXXMM10A DUI The defendant was stopped by a Broward Sheriff’s Office Deputy for speeding (52 in a 30 mph zone) in Pompano Beach, Florida. The deputy made contact with the defendant and noticed that he had a strong odor of an alcoholic beverage, bloodshot and glassy eyes and had difficulty locating and producing his vehicle documentation. The defendant refused to participate in roadside sobriety exercises and refused the breath test despite being warned that refusal to do roadside exercises would result in his arrest and that refusal to submit to a breath test would result in a one year suspension of his driver’s license. On the day of trial, the firm filed a Motion to suppress based on an issue arising from one of our successful appeals on another client’s case. Upon reading the motion, the State dropped the DUI charges.
01/03/2008 06-9XXXCF10A Felony Driving Under the Influence causing Serious Bodily Injury The defendant was at a party and had consumed several drinks. The defendant then left the party and was involved in a severe single car crash that resulted in multiple skull fractures and permanent hearing loss to a passenger in his vehicle. The victim was read her last rites and the victim was placed in a medically induced coma. The defendant was observed on the night of the incident to have the odor of an alcoholic beverage about his breath, slurred speech, and bloodshot watery eyes and he swayed while standing. The defendant consented to a blood draw that resulted in a reading of .112/.09, over the legal limit. The defendant also admitted to consuming 5 drinks prior to entering the vehicle. The defendant was facing a mandatory minimum of 24 months years in Florida State Prison according to his criminal punishment code scoresheet. The Firm was able to negotiate a youthful offender sanction based on the defendant’s age. The defendant was awarded a non-conviction and only four years probation that included no jail or prison sentence.
12/21/2007 07-CT-3XX01 DUI The defendant weaved out of his lane twice before cutting off another vehicle. This was all witnessed by an officer who was behind the defendant. After stopping the vehicle, the officer noticed that his breath smelled of alcohol and that he was slurring his words. The defendant admitted to drinking one beer. The officer located a half empty beer bottle that was still cold on the backseat floorboard. The officer requested the defendant to perform Field Sobriety Exercises and determined that the exercises were done poorly. The defendant was arrested and refused to provide a breath sample. The State dropped the DUI prior to trial.
12/20/2007 07-227XXXM10A DMV-Formal Review Hearing The Defendant was facing an 18 month driver’s license revocation with no possibility of receiving a necessities permit as he refused a breath test for DUI for a second time. The firm attended the formal review hearing and the DMV initially sustained the suspension of the Defendant’s Driver’s License and suspended it for 18 months without the possibility of obtaining a hardship permit. However, the firm pointed out to the hearing officer that she improperly and inappropriately questioned the witness during the Formal Review Hearing and such was reversible error and preserved the issue for appeal of the suspension. The firm filed an appeal citing the DMV officer’s improper questioning of the witness and the DMV, without hesitation, conceded the hearing officer’s suspension of the license was improper. The DMV immediately overturned and invalidated the suspension and the defendant’s license was immediately returned with full privileges.
12/18/2007 48-2XX7-CT-39X4-W DUI The defendant was pulled over for speeding (62/35) and weaving within his lane. When the officer approached, he noticed an odor of alcohol coming from the vehicle. When asked, he told the officer that he had 2 1/2 beers that night. The officer also noticed that his eyes were bloodshot. Based on these findings, the officer conducted Field Sobriety Exercises. The officer arrested the defendant after he determined that the defendant did not perform the exercises in an appropriate manner. The defendant proceeded to blow a .176 at the breath testing center. We filed a motion to suppress and the state dropped the DUI before the motion was heard.
12/13/2007 2007-MX-XX622-A Reckless Driving The defendant was stopped for unlawful speed. The officer stated the defendant was weaving in and out of traffic. A jury found the defendant not guilty.
12/12/2007 0027567MM10A DUI The Defendant was seen driving with a cracked taillight lens by a member off the BSO DUI Task Force. The Deputy approached the vehicle and the Defendant had an odor of an alcoholic beverage, his eyes were bloodshot, his face was flushed and speech was slurred. The Defendant performed poorly on the roadside sobriety exercises and refused the breath test. The Firm filed a motion to suppress the stop based on the fact that a cracked taillight lens was not in violation of any Florida Traffic Laws. The Motion was granted and the State dropped all charges, including DUI and driving under suspension.
12/12/2007 07-60XXXM10A DUI The defendant was seen by a deputy suspiciously driving behind a church where there had been several burglaries. The defendant’s vehicle had pulled into a parking spot behind the church where the deputy made contact with the defendant and noticed the defendant had a strong odor of an alcoholic beverage, glassy eyes, a flushed face, and slurred speech. The defendant also fumbled with his vehicle documentation. The defendant performed poorly on roadside sobriety exercises and registered .144/.148 on the breathalyzer, well over the legal limit. The Firm filed a motion to suppress the unlawful seizure of the defendant due to the officer blocking the defendant in the parking spot as well as the use of his takedown lights. The Motion was granted and the State dropped all charges, including the DUI.
12/11/2007 502007CT018220AXXXSB DUI The defendant was stopped by police for traveling 58 miles per hour in a 45 mile per hour zone. Police noted that he had a dazed appearance and that he had trouble focusing while talking to police, and that he had glassy, bloodshot red, and watery eyes. Police also noted that the defendant was fumbling through his paperwork when asked to provide his registration and insurance. Police further noted that when the defendant was asked to walk to the patrol car he could not walk in a straight line without losing his balance as he was swaying. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant refused to provide a sample or his breath when asked by police. The defendant was found not guilty of DUI after trial 12-11-07.
11/15/2007 06-151XXXXCF10A Felony Driving while license Suspended The defendant was charged with Felony Driving while License Suspended based on two previous convictions for the same offense. The firm filed a sworn Motion to Dismiss based on improper felony enhancement. The State Dropped all felony charges after receiving our Motion to Dismiss.
11/15/2007 07-01XXXXMM10A DUI The Defendant was stopped by a member of the DUI Task Force for speeding, screeching his tires and fishtailing. The officer made contact with the defendant and observed that he had a strong odor of an alcoholic beverage, red, bloodshot watery eyes, and slightly slurred and mumbled speech. The defendant admitted to consuming alcohol and being at the Blue Martini. The defendant was asked to participate in roadside sobriety exercises on video and performed poorly. The defendant refused to submit to two breath tests, one on the side of the road and one at the breath testing facility. The two passengers in the defendant’s car were each extremely intoxicated. The DUI was dropped.
11/14/2007 07CTXXX531ANB DUI The defendant was stopped by the Police for a traffic violation for having a misplaced tag. The Police detected a strong odor of an alcoholic beverage and the defendant admitted drinking a “four pack” of beer. While police were trying to explain the roadside exercises, the defendant walked into a bar to urinate. The defendant performed poorly on roadside sobriety exercises. The defendant attempted to mount a unicycle that he had in his truck to show police he was not impaired after police told him not to. He immediately fell upon attempting to mount the unicycle. The defendant was arrested for DUI. The defendant provided samples of his breath that were .150 and .144. DUI charge dropped by the State 11-14-07.
11/13/2007 07-055XXXXMM10A DUI The defendant was found asleep at the wheel of his car while the vehicle was running. Officers observed the defendant to have slow movements, difficulty identifying and handling his documentation; an odor of an alcoholic beverage on his breath; bloodshot watery eyes and difficulty exiting his vehicle. The defendant performed poorly on roadside sobriety exercises and submitted to the breath test which registered over the legal limit and a urine test. The State dropped all DUI charges.
11/12/2007 07CT0XXXX69ASB DUI A civilian witness called the Boca Raton Police Department to report the defendant’s vehicle as being all over the road, and almost striking the rear of his vehicle. Police made contact with defendant and detected the strong odor of an alcoholic beverage, her eyes were glassy and bloodshot, and her speech was slurred. The defendant admitted to coming from a bar and that she had two doubles of Crown and Diet Coke. The defendant performed poorly on roadside sobriety exercises and was arrested for DUI. The defendant provided samples of her breath of .180 and .183 both more that double the legal limit. DUI charge dropped by the State 11-13-07.
11/07/2007 2006-CT-1XX7 DUI The defendant was asleep in his vehicle behind a bar with the keys in the ignition and the engine running. An officer approached to make sure everything was ok. When the defendant responded, the officer noticed that he had an odor of alcohol on his breath. The officer asked the defendant if he had been drinking he responded that he had alot of beers. After performing poorly on the Field Sobriety Excersises, the defendant was arrested and blew a .114. We set the case for trial and after waiting nearly 2 years, the state dropped the DUI.
11/02/2007 07-02201XXM10A DUI The defendant was driving with small children in her car at the pick up lane to pick up her other small kids from school, when she got into a traffic accident. When confronted by the other driver, the defendant got into an altercation, and the police responded. Once on scene, the defendant admitted to the officer that she had taken Xanex. After a DUI investigation was completed, the defendant was arrested for DUI. At the station, a urine test was requested, and the defendant refused. The attorneys for The Ticket Clinic, promptly corresponded with The State Attorney’s Case Filing Division, and convinced them to drop all charges. The defendant\'s driver license was returned as well.
11/02/2007 06-265XXXM10A DUI The defendant was forced in to a DUI checkpoint in Cooper City, Florida. The defendant was observed by officers to have the odor of an alcoholic beverage, a flushed face, slurred and mumbled speech, and had a mismanaged appearance. The defendant admitted to consuming several drinks at the Hard Rock Hotel and Casino in Hollywood, Florida and stated the other passengers were not as intoxicated as she was. The defendant submitted to a breath test resulting in a .121/.116, well over the legal limit. The Firm filed a Motion to suppress on behalf of our client challenging the constitutionality of the checkpoint; the arrest of the defendant and for Lack of Corpus Dilecti. The motion was granted on November 2, 2007 and the State was forced to drop all charges.
11/01/2007 07-0951XXMM10A DUI The defendant was seen driving at a high rate of speed by two officers running radar in the City of Margate, FL. The officers made contact with the defendant and noticed that he had an odor of an alcoholic beverage and bloodshot watery eyes. The defendant also admitted to consuming 4-5 beers before driving. The defendant performed poorly on roadside sobriety exercises and refused a breath test. The firm filed a Motion to Dismiss based on Destruction of Videotape Evidence. All DUI charges dropped by the State.
10/31/2007 2007CXX15232AXX DUI The defendant was stopped for failing to maintain his lane of travel ans speeding. After the officer\'s lights were activated, the defendant took an extended period of time to pull over. Once pulled over, the defendant was chewing on a penny and admitted to drinking four beers. Roadside exercises were performed on video and then the defendant was arrested. Once at the police station, a breath test was offered, and the defendant refused. Acquitted of D.U.I. by Jury.
10/11/2007 07-028XXM10A DUI The defendant was videotaped weaving from lane to lane traveling northbound on I-95 by a member of the DUI task force. The defendant was stopped and the DUI task force observed the defendant to have an odor of an alcoholic beverage, bloodshot watery eyes, and a flushed face. The defendant exhibited signs of impairment during the one roadside sobriety exercise and then refused to continue. The defendant then refused the breath test. The defendant was acquitted by a jury.
10/10/2007 2007-CT-0XX1961-O DUI The defendant was stopped for an expired tag. The officer noticed an odor of alcoholic impurities, blood shot eyes and an orbital sway. The defendant performed the field sobriety exercises, the officer stated that the defendant performed poorly. The officer asked defendant on a scale of 1- 10, 1 being totally sober, 10 being drunkest ever, how did defendant rate. The defendant stated 4-5. The defendant was wearing a wristband from a nightclub as well. The defendant refused to take the breath test. A jury found defendant not guilty in 35 minutes.
09/19/2007 93-017XXMM10A DUI The defendant was seen weaving in and out of her lane of travel on several occasions as well as speeding and almost hitting concrete divider. Upon making contact with the defendant after the traffic stop, the officer noticed that the defendant had a strong odor of an alcoholic beverage emanating from her mouth, that her eyes were bloodshot and she stumbled and swayed while walking to the rear of her vehicle. The defendant performed poorly on roadside exercises and submitted to the breath test, which registered over twice the legal limit at .162/.171 g/210L. The State dropped the DUI charges.
09/18/2007 07-0371XXMM10A DUI The defendant drove through a red light and almost caused a collision with a marked police unit. The defendant was pulled over and was observed to have an odor of alcohol, bloodshot watery eyes, and slurred speech. The defendant performed poorly on roadsides and submitted to a test of her breath which was over the legal limit. The State dropped the DUI charges and dismissed the red light charge.
09/17/2007 502007CT025020AXXXMB DUI The defendant was noticed by a police officer asleep behind the wheel of his vehicle while it was blocking traffic. Officers noticed that the defendant had slurred speech had trouble standing straight, keeping his balance, and had trouble following simple instructions. Police also noted that the defendant continuously went in and out of consciousness and could not keep his eyes open. The defendant admitted to police that he takes Xanax. The police conducted a DUI investigation, and noted that defendant performed poorly on roadside sobriety exercises. The defendant was arrested for DUI. The defendant provided a sample of his breath which was .000. The police then asked the defendant to provide a urine sample but he could not, therefore, police took that as a refusal to provide a urine sample. DUI charge dropped 9-17-07.
09/14/2007 07-5614MM10A DUI The defendant was observed in a shopping center parking lot backing into another vehicle by the off-duty captain of the Margate Police Department. Upon making contact with the defendant, the captain observed the defendant to have an odor of alcohol coming from her person and difficulty maintaining her balance and was nervous. The requested DUI investigator arrived on scene and noticed that the defendant walked slowly and carefully, had an odor of alcohol and even admitted to consuming alcohol on that day. The defendant performed poorly on roadside sobriety exercises, submitted to a breath test that registered a .161, over twice the legal limit and she soiled herself at the police department. the firm filed and successfully argued two motions to suppress that were granted. All charges dropped by the State Attorney\'s Office.
08/30/2007 06-0231XXM10A DUI The defendant was observed by civilians crashing his tractor trailor into other tractor trailers located at a truck stop. The same civilians had seen the defendant consuming alcoholic beverages at the truck stop restaurant minutes before he entered his vehicle and began to drive. Deputies arrived on scene and noticed that the defendant was disoriented and appeared impaired by alcohol. The DUI Task Force arrived on scene later and made observations consistent with impairment and the defendant performed poorly on roadside sobriety exercises. The defendant was arrested for DUI and blew .092/.091g/210L, both readings were over the legal limit. The firm filed a Motion to Suppress the first officer\'s unlawful detention of the defendant. Motion was granted and the case was dropped by the State Attorney\'s Office.
08/15/2007 20XXCT00XX11AXX DUI The defendant’s vehicle was stopped for cutting across three lanes of traffic and making an illegal u-turn. After the stop, the defendant initially said that he had consumed no alcohol, but later admitted coming from a strip club and having consumed 4 drinks. The officer noticed signs of impairment including the strong odor of alcohol, red/glassy eyes, slurred speech and balance problems as the defendant exited his car. The defendant refused to perform roadside exercises and was arrested. At the station, on video, the defendant refused to answer questions and ultimately refused a breath test. Acquitted of DUI after trial.
08/14/2007 06-4890MM10A DUI The defendant was observed by an officer to be speeding and twice leaving his lane of travel. A traffic stop was initiated and the stopping officer noticed the defendant to have an odor of alcoholic beverage about his breath, bloodshot watery eyes and slurred speech. The DUI investigator confirmed those observations and requested that the defendant perform roadside sobriety exercises. The defendant performed poorly during the exercises and blew .080/.082 on the intoxylizer. The State dropped the DUI charges.
08/02/2007 06-0082XXMM10A DUI The defendant crashed into another vehicle and stopped to address the incident with the other motorist. An officer, on his way back to the department after his shift, saw the defendant and the other driver and stopped to see if all was well. Upon making contact with the defendant, the officer noticed that the defendant had an odor of alcohol, bloodshot eyes, a flushed face and had difficulty maintaining his balance to the extent he was allegedly falling into a lane of traffic. The first responding officer summoned for a DUI unit and the DUI unit officer also noticed indications of impairment. The defendant refused to perform roadside sobriety exercises and refused breath testing. The firm filed a motion to suppress an unlawful seizure based on the first responding officer\'s use of his blue and red lights to seize the defendant. Motion to suppress was granted and the case was dismissed.
07/31/2007 06-20294MM10A DUI The defendant was stopped for failing to obey a traffic control device. Once the officer\'s lights were activated, the defendant was slow to respond. Signs of impairment were noticed by the officer and a DUI Task Force officer was asked to respond. After performing roadside exercises poorly on video, the defendant was arrested, and blew .140. .139 on the breath test. DUI charge dropped by the State.
07/13/2007 2007CT0XX870AXX DUI The defendant was stopped by police for speeding, and for failing to maintain her lane of travel. Upon making contact with the defendant Officers noted that she seemed impaired and had glassy reddened eyes, slow dexterity, and a slight odor of an alcoholic beverage about her breath. Officers also noted that the defendant appeared unstable while walking to an area for roadside tasks in that she was rocking back and fourth on her feet. The defendant admitting drinking vodka, and smoking marijuana 2-3 weeks earlier. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant submitted to a breath test which was .000. Officers then requested a urine sample which the Defendant refused. DUI charge dropped 7-13-07.
07/02/2007 06-16536XMM10A DUI (Enhanced) An officer observed the defendant run a stop sign at John Young Circle in Hollywood, FL. and then fail to maintain his lane, almost causing an accident with another vehicle. The defendant failed to pull over for two blocks. The officer noticed the defendant to have an odor of alcohol, bloodshot, watery eyes and slurred speech. The defendant had difficulty exiting the vehicle and was unsteady on his feet. He was lethargic and used his vehicle for balance while walking. The defendant performed poorly on roadside sobriety exercises and blew a .247/.257 on the intoxylizer, over three times the legal limit. The judge did not allow the case to go to the jury and entered a directed verdict in favor of the defendant, the functional equivalent of a dismissal.
06/21/2007 06-20757CF10A Felony High Speed Fleeing and Eluding An officer from the Miccossukee Police Department witnessed the defendant speeding on a motorcycle. The officer put his lights on to effect a traffic stop, but the defendant sped off at speeds in excess of 150 M.P.H. The defendant ran out of gas and was arrested for Felony Fleeing and Eluding, a third degree felony. Our Firm filed a demand for Speedy trial and announced ready for trial. The State dropped all felony charges.
06/19/2007 06-0150XXM10A Criminal Mischief The defendant was charged with Criminal Mischief arising out of spray painting a pier in Lauderdale by the Sea. The firm filed a motion to suppress an unlawful seizure of the defendant. The motion was granted and the State dropped all charges.
06/06/2007 502007CT001156AXXXSB DUI The defendant was stopped by the police for going 56 mph in a 35 mph zone, weaving within her lane of travel and for following vehicles in front of her too closely. Police noticed that the defendant had bloodshot – glassy eyes, a strong odor of an alcoholic beverage, slurred speech and was very argumentative. The defendant admitted having a few drinks and performed poorly of field sobriety exercises. The defendant refused a breath test and was arrested for DUI. After a jury trial, The defendant was found not guilty of DUI after the jury deliberated for one minute.
06/06/2007 07-8681MM10A Disorderly Conduct The defendant was accused of the crime of Trespassing by several officers for failing to leave the Hard Rodk Hotel and Casino in Hollywood, Florida. The Judge directed a verdict in favor of the defendant as the Tresspass affidavit was legally insufficient. Case dismissed by judge during Trial.
06/04/2007 04-012746XMM10A DUI The defendant was seen by officers bumping into a curb and later weaving in and out of traffic. Officers noticed an odor of alcohol, flushed complexion, slurred speech and an inability to maintain balance upon making contact with the defendant. The defendant performed poorly on roadsides and submitted to a breath test, which resulted in a .129/.141 g/210L, well over the legal limit. On the day of trial, the State dropped the D.U.I. charge.
05/25/2007 06-14571MM10A DUI The defendant crashed into three other vehicles while they were stopped at a traffic light. The defendant then left the scene of the accident. One of the vehicles followed the defendant until law enforcement arrived. Deputy Hauter and the BSO DUI Task Force noticed that the defendant had an odor of alcohol on his breath, observed glassy bloodshot eyes, was unsteady on his feet, had urinated in his pants and stated he had consumed two Corona Beers and felt that he was impaired by alcohol. The defendant performed poorly on the roadsides and took the breath test, which indicated he was a one point and was probably over the limit. The State dropped the D.U.I Charges.
05/23/2007 06-0401XXTC10A Racing on Highway The officer was on his way home from work when he saw the defendant next to another car at a traffic light. The officer testified that he saw the defendant and the other car \"peel out\", spin tires and take off at a high rate of speed for over a quarter of a mile. The defendant admitted to \"being stupid and playing around.\" Acquitted by jury within 10 minutes of beginning deliberations.
05/22/2007 2006CT031337A DUI The defendant was stopped for failing to maintain his lane of travel after the officer had received an anonymous tip alleging that the defendant was driving recklessly. Once stopped, the officers noticed that the defendant had difficulty producing documents for the car and was very unsteady as he exited the vehicle. He was asked to perform roadside exercises but said no, because he knew that he would fail as he suffers from Diabetes. He was arrested and later refused a breath test. Acquitted of D.U.I. after trial.
05/15/2007 07-5563XMM10A0 DUI The defendant was stopped for driving his vehicle without its lights on at night. After realizing that the defendant\'s license was suspended, the deputy asked the defendant to exit the car, as he noticed signs that the defendant was impaired. The defendant admitted to having a \"few drinks.\" Roadside exercises were completed on video, and the defendant refused a breath test after being placed under arrest. D.U.I charge dropped on the day of trial.
05/01/2007 06-TC029285A04 DUI The defendant was witnessed swerving from the right lane to the left lane nearly striking a concrete wall on the right shoulder. Police made contact with the defendant and noticed a strong odor of an alcoholic beverage, his eyes were red and glassy and he had trouble keeping them open. Police also noted that while speaking to defendant that his speech was slurred, he had difficulty standing as he swayed from side to side. The defendant refused to perform field sobriety exercises and was arrested for D.U.I. The defendant refused a breath test. D.U.I. charge dropped 5-1-07.
04/18/2007 06-4664XM10A DUI The defendant was stopped by the Sergeant of the B.S.O. DUI Task Force who was on his way home from work for driving 105 M.P.H. in a 55 M.P.H. zone on I-95 and weaving in and out of traffic. Upon making contact with the defendant the Sergeant noticed the defendant to have an odor of an alcoholic beverage, bloodshot watery eyes and was unsteady on her feet. A second member of the DUI Task Force arrived on the scene and noticed the defendant to have a strong odor of alcohol, red and watery eyes, a flushed face and slurred speech. The defendant participated in roadside sobriety exercises and performed poorly. The defendant submitted to a breath test which resulted in a .144/.145 reading. The defendant was found not guilty by a jury.
04/16/2007 05-15531MM10A DUI On July 23, 2005, the defendant was involved in a traffic crash with two other vehicles. Officers arrived at the scene to notice that the defendant had an odor of alcohol on his breath, bloodshot watery eyes, slurred speech and that he was very unsteady on his feet, to the extent that he was asked to sit down by officers for safety reasons. Marijuana was seen in plain view by officers in the defendant\'s vehicle and the defendant admitted to ownership. The defendant advised he had consumed six beers and was asked to perform roadside sobriety exercises, which he performed poorly. The defendant submitted to a breath test which resulted in readings of 0191/.199, more than double the legal limit. The State Dropped the DUI charges.
04/04/2007 5020XXCT034854AXXXMB DUI The defendant was observed driving his car with a headlight out, improper tag, failing to maintain his lane of travel and driving the wrong way. After the stop, the officer noticed signs of impairment, and two open containers were found in the vehicle. The defendant performed poorly on roadside sobriety exercises and was subsequently arrested. When asked, the defendant refused to submit to a breath test. Acquitted of DUI after trial (2nd offense)
03/29/2007 06-0411XXM10A DUI The defendant failed to drive at two separate green traffic lights. A Broward Deputy initiated a traffic stop due to this unusual driving pattern and observed the defendant to have a strong odor of an alcoholic beverage, constricted pupils, bloodshot eyes, flushed face and profuse sweating. The defendant admitted to having two glasses of wine. The defendant refused roadside sobriety exercises and the breath test. The State dropped the DUI charge on 3/29/07.
03/22/2007 200X-CT-1X398 DUI The defendant ran out of gas and was parked at a closed business pouring gas from a container into his vehicle. Officers across the street found these actions to be suspicious. They approached the defendant and asked for identification. The defendant entered the vehicle and grabbed his license and registration. During the conversation, the officers noticed that he had an odor of alcohol on his breath, bloodshot eyes, and slurred speech. Once outside of the vehicle, the officers requested that he perform field sobriety exercises. He refused and told the officers that they did not see him driving. They informed him that he was behind the wheel while retrieving his identification and they proceeded to arrest him. At the station, the defendant refused to provide a breath sample. We filed a motion to suppress arguing that there was no reason for the officers to approach and detain the defendant and that he was never in control of the vehicle. Minutes before the motion was to be heard, the state agreed with our argument and dismissed the case.
03/21/2007 200X-CT-1X304 DUI The defendant was pulled over for speeding, driving the wrong way down a one way street, hitting a curb, and running a stop sign. The officer noticed that he smelled of alcohol, had bloodshot eyes, slurred speech, and a big wet spot on his shirt. The officer suspected that he was DUI and requested field sobriety exercises. After the exercises, the defendant was arrested and he refused to provide a breath sample. The case went to trial and resulted in a hung jury. Five of the jurors found the client not guilty of the charges but one juror would not change her mind that the client was guilty. Her reason for finding him guilty was that he did not take the stand to defend himself. The case resulted in a mistrial and reset for another day. After talking to the state attorney about the case and the juror\'s statements, the state dismissed the case.
03/20/2007 200X-XT-1X23-E DUI The defendant was pulled over for weaving, not using a turn signal and almost hitting a curb. The defendant stated he was not taking any of the field sobriety tests on the advice of a family attorney. The officer stated the defendant had slurred speech, bloodshot eyes, was stumbling and had the odor of alcoholic beverages on his breath. The Jury returned a not guilty verdict in 9 minutes.
03/19/2007 432006CT5737A DUI The defendant was stopped by the police for traveling 55 in a 35 mph zone, and for failing to maintain lane of travel. Officers noticed an odor of an unknown alcoholic beverage, and that defendant had bloodshot glassy eyes, flushed face and that his speech was slurred. The defendant performed poorly on roadside sobriety exercises. The defendant was arrested for DUI and refused a breath test. DUI charge dropped 3-19-07.
03/13/2007 06-27XX03MM10A DUI The defendant was stopped for weaving in and out of traffic and speeding 75 in a 35 zone. After noticing signs of impairment, a DUI officer was called to the scene. The defendant stated \"I\'m sorry, I shouldn\'t be driving while intoxicated\". Roadside exercises were performed on video, and the defendant had difficulty. The defendant agreed to a breath test and blew .130, .127. After winning a motion to exclude the breath test results, the case went to trial. DUI charge and all traffic infractions dismissed by the Judge, during trial.
03/05/2007 06-449XMM10A DUI The defendant was stopped by officers for making an illegal u-turn into oncoming traffic. The officers noticed that the defendant had an odor of alcohol, red bloodshot watery eyes and a flushed face and lost his balance while exiting the vehicle. The defendant admitted to the officers that he was coming from a party and admitted consuming several beers. He performed poorly on roadside sobriety exercises and refused the breathalyzer test. Acquitted by jury in 20 minutes on 3/05/2007.
02/28/2007 06-TC0X9032A08 DUI The defendant was stopped for speeding 92 mph in a 45 mph zone, after noticing signs of impairment, the defendant was asked to perform roadside exercises on video. The defendant admitted to drinking 1 beer, then later stated 2-3 beers at a bar. After the arrest, the defendant was a again placed on video and when asked if he was \"under the influence\", he responded\" I would say so, don\'t know\". He then refused the breath test. Acquitteed by jury of DUI, speeding charge was also dismissed.
02/28/2007 06-547XMM10A DUI The defendant was pulled over by an officer for performing an illegal turn. Thereafter, the officer noticed the defendant to have an odor of alcohol, bloodshot watery eyes and slurred speech. The defendant admitted he was coming from a bar and had consumed a couple of drinks. The defendant performed poorly on roadsides and the original officer\'s observations were confirmed by the DUI Task Force. The defendant refused the breath test. Acquitted by a jury on 2/28/07.
02/26/2007 48-200X-CT-X3624-0 DUI The defendant was stopped for going 71 MPH in a 55MPH zone. The officer noticed that the defendant had a moderate odor of alcohol on her breath, bloodshot eyes, slurred speech, and staggered while walking. The defendant admitted to being at 2 bars prior to the stop and having 2 beers. The officer requested that the defendant perform Field Sobriety Exercises. The officer’s conclusion was that the exercises were done poorly and he arrested the defendant and charged her with DUI. At the station, the defendant stated “I didn’t take the test last time and I am not going to take it this time” as she refused to provide a breath sample. The case proceeded to trial where a jury found the client not guilty after deliberating for 5 minutes.
02/23/2007 200X-CT-X1644 DUI The defendant was observed swerving within his lane causing other vehicles to take evasive actions. He was also reacting late to curves and had erratic speed changes. The Defendant was stopped and asked to perform Field Sobriety Exercises after the officer noticed an odor of alcohol coming from the defendant and noticed that his speech was slurred. After performing poorly on the exercises, the defendant was arrested and charged with his 2nd DUI. The officers found 2 cans of Miller Beer when the searched his vehicle. He was transported to the station where he refused to provide a breath sample. Case was dropped on the day of trial.
02/22/2007 200X-CT-X9511 DUI The defendant was pulled over for failing to maintain a single lane for a ½ mile stretch. The officer noticed that the defendant had a strong odor of alcohol on his breath and bloodshot eyes. After being questioned, the defendant admitted to drinking 2 beers. The officer requested that the defendant perform Field Sobriety Exercises and according to the officer they were done poorly. The defendant was arrested, charged with a 2nd DUI, and then refused to supply a breath sample. Case was dropped on the day of trial.