The Defendant was stopped for traveling 31 miles over the posted speed limit at 4:15 in the morning. After noticing that her eyes were red and glassy, her speech being slurred, her fumbling through her documents and her smelling strongly of alcohol, the stopping officer called for a DUI unit. The Defendant was requested to perform roadside exercises by the DUI Trooper due to the observations from the stopping officer and his additional observations of dilated pupils and watery eyes. She admitted that she was drinking alcohol and stated she was on her way home. During the walk and turn, she did not count any steps out loud and according to the Trooper was “very wobbly and swayed heavily” as well as using her arms to balance herself. During the one leg stand, the Defendant kept putting her foot down and starting over from the beginning instead of picking up at the number she left off. During the finger to nose exercise, the officer testified that she never touched the tip of her nose at all during any attempt and was swaying from side to side and front to back in a circular motion. During the alphabet task, the Trooper testified that the Defendant was swaying front to back and side to side in a circular motion. The Defendant was arrested and gave to breath samples at the jail of a .204 and .213. She admitted to drinking Captain and Coke at a club in Palm Beach before she was arrested and admitted that she was “under the influence of alcohol”. The Firm filed a motion to suppress arguing that the Defendant was arrested without probable cause for DUI citing case law where the court needed to objectively view the video rather than using the Trooper’s testimony. The court agreed and granted the motion. The State of Florida dismissed the charges for Driving Under the Influence.
The defendant was the driver of a vehicle that lost control, running over shrubbery and eventually striking a tree. The vehicle then burst into flames. After paramedics arrived, the defendant admitted to being the driver and losing control of the vehicle. Observations were made that were consistent with an impaired driver, roadside exercises were performed on the scene and the defendant was arrested. The defendant refused to take a breath and urine test. DUI charge dropped.
According to the police, they were investigating a separate battery case involving a number of people fighting in a restaurant, some of which were friends with the Defendant. In order to disburse the crowd, the police ordered several people, including the Defendant, to leave the area. The Defendant started to walk away, but then abruptly turned around and started approaching the police again. The police ordered him to the ground, but the Defendant resisted. As officers attempted to place him in handcuffs, the Defendant tensed his body and refused to comply. He was eventually arrested for Resisting Without Violence. The attorney for the firm prepared the case for trial. Prior to trial, the State dismissed all charges.
The Defendant crashed into the back of another vehicle on the turnpike. He then drove off and stopped at a gas station. The Defendant got out and looked at the damages to his vehicle. The Defendant then went to his car, opened a beer and began to drink it and then walked behind the gas station to hide. After the police officers showed up on scene, the Defendant said he wasn’t sure what happened and then denied driving. He was then subjected to roadside tasks because he smelled like alcohol and had indicators of impairment. He performed poorly and was arrested. At the jail, the Defendant refused to provide a sample of his breath. He then admitted to drinking beer and wasn’t sure how to answer the question as to “whether he was under the influence”. The firm ordered the videos where the Defendant was seen doing the roadsides in handcuffs. After reviewing the evidence, the Firm convinced the State Attorney’s Office that there may have been a de-facto arrest for DUI before the requisite probable cause occurred. Additionally, numerous issues existed the admissibility of statements made on scene. Thus, the State agreed to dismiss the charges for Driving Under the Influence.
The Defendant was stopped for traveling more than 35 mph over the speed limit. After being stopped, the officer noticed that the Defendant smelled like alcohol, had bloodshot/glassy eyes and he denied drinking. He then stated he had one drink and then changed it to two Corona Lights. He was unsteady on his feet when he got out of the car and swayed while standing. He also said “can I call someone to pick me up, can I call my mom or dad, can I call someone, is it too late to phone a friend?” His speech was slurred and he performed poorly on roadside exercises. After being arrested, he was taken to jail where he refused to submit to a sample of his breath. The Firm negotiated with the State Attorney’s office and eventually was able to have them agree to dismiss the charges for Driving Under the Influence.
The Defendant and his wife were observed by law enforcement driving their work vehicle onto a business property. While they were engaged in loading work materials onto their truck, the officer approached the defendant and demanded to see his driver’s license. The Defendant was subsequently arrested for his third criminal charge of no valid driver’s license. The attorney made an ore tenus motion challenging the legality of the stop prompting the State to drop all criminal charges against the defendant.
The Defendant was involved in a motor vehicle accident and fled the scene out of fear of being caught with a suspended driver’s license. The officer tracked down the defendant due to an anonymous tip, and the Defendant admitted to driving on a suspended license. The officer subsequently arrested the Defendant for driving with a suspended license with knowledge and leaving the scene of an accident with property damage. The attorney filed a motion challenging the legality of the stop and forced the state to drop both criminal charges prior to trial.
The Defendant was seen by witnesses driving over a median and swerving all over the road. An officer then witnessed a similar driving pattern with the Defendant almost striking a curb several times. The Defendant took a while to stop and eventually exhibited signs of impairment including an odor of alcohol and being unsteady on his feet. There was an open 12 oz can of budlight beer and several unopened cans in the car. He admitted to drinking “2 beers” and was cooperative. He performed roadsides poorly and was arrested. At the jail he blew a .074 two times. He was requested to submit to a urine sample but refused after being told he would lose his license for 1 year. The law in the State of Florida requires that the officer have a reasonable belief that the Defendant is under the influence of a controlled substance before a urine can be requested. After a full review of the case, the State of Florida agreed not to file any charges against the Defendant.
The Defendant had contact with a confidential informant and set up a deal for Oxycodone pills to be purchased for $15 dollars per pill. The deal was set for 40 pills to be purchased at that price. Additional defendants then met to finalize the deal and made the transfer. Undercover officers were monitoring the exchange and moved in to make multiple arrests. The pills were taken into evidence and weighed a total of 4.0 grams. The Defendant was charged with Conspiracy to Traffic Oxycodone and faced a minimum mandatory 3 years in Florida State Prison and a maximum of 30 years. The Firm pointed out to the State Attorneys Office that three pills had gone missing and the weight of the pills were called into question to get to the trafficking limit. Additionally, the confidential informant would have had to be disclosed to prove the charges against the client. The State Attorneys Office agreed and dismissed the charges.
Client was involved in a rear end collision. When police arrived on scene, our client was outside of his vehicle with a second person. Upon the police arrival, this second person took off running. The police proceeded to ask our client what happened. He stated he was not driving. The officers began a DUI investigation due to the fact that our client owned the vehicle and they believed he was driving. He admitted he was drinking and did poorly during the investigation. He was arrested and charged with a 3rd DUI.
Our firm was prepared to argue that our client was not the driver. However, on the day of trial, the state dropped the charge.
According to the alleged victim, the Defendant was picking up the victim’s brother in an SUV. The alleged victim did not want her brother to leave, so she stood in the roadway blocking the path of the SUV. The Defendant accelerated rapidly all the way up to the alleged victim, and the alleged victim was concerned that he was going to strike her with the vehicle. The alleged victim had to jump out of the way in order to avoid being struck by the vehicle. The police arrested the Defendant for Aggravated Assault With a Deadly Weapon, a felony. The attorney for the firm reviewed the police reports and statement of the alleged victim with the State Attorney. All criminal charges were dismissed.
The Defendant was traveling almost 30 miles over the speed limit in the rain and making wide turns while weaving within her lanes several times and swerving. After being stopped, the officer noticed an odor of alcohol, slurred speech and bloodshot/glassy eyes. She stated she was coming from the airport and had consumed a glass of wine. While trying to get her documents, she stumbled and was swaying when out of the car. She then refused to submit to roadside tasks and was arrested for DUI. While being transported, the Defendant got out of her handcuffs and threw them across the backseat. She eventually agreed to submit to a breath test where she blew over a .15 (almost twice the legal limit). The Firm, after numerous negotiations, was able to convince the State Attorney’s Office to dismiss the charges for DUI.
