The Defendant was reported as driving erratically in Desoto County and stopped by law enforcement. The Officer claimed to smell alcohol coming from the Defendant and also observed obvious signs of impairment. During the course of the DUI investigation the Defendant admitted to taking pain medication earlier in the day. The Defendant was subsequently arrested for DUI and asked to provide a breath sample in which he blew 0.000/0.000. The Officer never asked the Defendant to provide a urine sample and relied solely on the Defendant's admission of the ingested narcotic. The attorney filed a motion to dismiss the charges based on this flaw in the State's case. After reading the attorney's motion, the State Attorney dropped all criminal charges against the defendant.
Facts: The Defendant was observed driving the wrong direction on a one way road towards a police officer’s moving vehicle. After being stopped, the deputy observed the defendant’s eyes to be bloodshot and glassy. She smelled an odor of alcohol coming from the Defendant’s breath. A DUI officer responded on scene and conducted a DUI investigation. According to this officer, the Defendant’s movements were slow and he swayed while he stood. He stated he had 3 glasses of wine and then changed his story to 2 glasses of red wine about an hour or two before driving. He said he was coming from an unknown sports bar and could not advise why he was driving the wrong way on a one way street. He performed poorly on the roadside tasks and was arrested for DUI. When taken to the Breath Alcohol Testing Facility, he refused to give a sample of his breath. The firm took the depositions under oath of the stopping officer as well as the arresting officer. The Firm was able to gather evidence from the stopping officer that she was going to let the Defendant go. This was after she testified that she made over 10 DUI arrests in the past. The arresting officer testified that he had no knowledge of this fact. After bringing these points to the attention of the Assistant State Attorney, the charges for Driving Under the Influence were dropped by the State of Florida.
The Defendant was in her vehicle behind a local business when a police officer came up to the vehicle to talk to her. The officer smelled burnt marijuana and asked the Defendant to step out of the vehicle. The officer then searched the vehicle and her person. Subject to the search the officer found marijuana on Defendant's person and vehicle. The Defendant admitted to owning both. The Firm was able to negotiate with the State and the State agreed to drop all charges.
According to the police, the Defendant pulled out of a parking space in front of a Mexican restaurant and bar, and collided with another vehicle. The police made contact with the Defendant and noticed the odor of alcohol on her breath, as well as a flushed face, slurred speech and bloodshot eyes. The officer asked her a number of questions and the Defendant appeared to be disoriented as to her location. The Defendant admitted to consuming alcohol while inside of the Mexican restaurant. The officer requested that the Defendant perform roadside exercises. She agreed and performed poorly on all three. The Defendant was arrested for DUI. The officer requested that she submit to a breath test, but the Defendant refused. The attorney for the firm prepared the case for trial. On the day of trial, the State dropped the DUI case.
The Defendant and two others were observed riding motorcycles in Osceola county in excess 50 miles over the posted speed limit on a Florida State road. The Defendant was subsequently charged with racing for the second time within three years. The defendant was facing thousands of dollars in fines, jail time, and a two year driver's license suspension. After intense negotiations with the State, the Attorney for the firm was able to get the Racing Charge Dropped.
The Defendant was clocked going 101 mph in a 70 mph zone. The Defendant stopped and fumbled for his wallet and handed the officer a rental agreement for the car instead of the license as requested. He was in a good mood and extremely friendly. The officer noticed a strong odor of alcohol on the defendant’s breath, glassy watery eyes, dry mouth and his speech was thick tongued. He was unsteady on his feet and swayed from side to side. He seemed to be rambling and asked to be let go and to be given a break. He was unable to stand heel to toe and lost his balance during the walk and turn. He could not keep his leg up for more than 7 seconds and used his arms to balance himself on the one leg stand. Additionally, he performed poorly on the finger to nose task. The Defendant was arrested and asked to submit to a sample of his breath at the jail. After multiple attempts, he would not properly blow into the breath machine and the officer declared his inability to give a sample a refusal. He admitted to drinking four beers during the evening when being questioned by the officer. The Firm pointed out numerous problem areas to the State Attorney’s Office including the fact that the video did not depict a person who was impaired in addition to the fact that the roadsides were not captured on video. On the day of trial, the State dismissed the charge for Driving Under the Influence.
According to the police, the Defendant drove erratically and made a turn in front of other vehicles causing them to brake to avoid a collision. The officer followed the Defendant and witnessed him swerve a number of times. Upon making contact with the Defendant, the officer smelled alcohol on his breath and observed that his eyes were bloodshot and glassy. The Defendant admitted to consuming a number of beers before driving. The officer asked the Defendant to exit the vehicle and he appeared to be unsteady on his feet. The officer advised the Defendant to walk back towards the patrol car, but the Defendant ignored him and popped his trunk. The Defendant attempted to retrieve something from the trunk. The officer was concerned for his safety and placed the Defendant in handcuffs. The officer asked the Defendant if he would do roadside exercises, but the Defendant refused. The officer placed the Defendant under arrest for DUI and requested that he submit to a breath test, but the Defendant refused that as well. The attorney prepared the case for trial, and the State dropped the DUI case.
The defendant was stopped for erratic driving where the officer said that she nearly hit a mail box and was swerving in her lane. The officer stopped the defendant and asked her to do Field Sobriety Exercises which she had trouble doing due to a back issue. The defendant was then arrested and taken to the Volusia County Jail. At the jail she got claustrophobic and passed out. The officers could not revive her so they took her to the hospital for treatment. At this point medical blood was taken. The State then filed a motion to get the medical blood and we opposed this and a motion was set. At the motion hearing the case was discussed and the DUI charge was dropped.
According to the police, the Defendant was driving the wrong way on a one way street and caused a head on collision with another vehicle. A police officer made contact with the Defendant and noticed the smell of alcohol coming from his breath. His face was flushed, his speech appeared to be slow and slurred and his eyes were bloodshot. The Defendant was charged with DUI and causing Property Damage. The attorney for the firm prepared the case for trial. The State eventually agreed to drop the DUI case against the Defendant.
Pulled over for weaving in and out of their lane and causing other vehicles to swerve out of the way. Defendant admitted to drinking 4-5 beers and showed signs of intoxication. Defendant performed field sobriety exercises. State concluded not enough evidence to convict of DUI and Nolle Prosequi.
The Defendant was charged with DUI after being stopped for speeding and from reports that the State Trooper had received indicating that the Defendant was not driving his vehicle properly. The Trooper smelled alcohol and indicated the Defendant did not perform well on the field sobriety exercises. The Defendant stated that he had consumed a couple drinks earlier in the day and that he probably shouldn't have been driving. After his arrest he was asked to give a breath sample, which indicated he had not been drinking. In addition, he gave a urine sample, which also came back negative. The firm went to Court for the Defendant and requested that the State examine their evidence as the Firm did not believe they had enough to go forward on. The State ultimately agreed and dismissed the charges.
The Defendant was involved in a 2 vehicle crash. The Defendant struck the rear of another vehicle which had stopped. When the Trooper arrived to investigate the crash, he discovered that the Defendant’s driver’s license had been expired for over a year. The Trooper then issued tickets for Expired DL and careless driving. Result: The firm set the case for a trial and at the trial the charges were dismissed.
