DUI & Criminal Division

RECENT COURT VICTORIES

To protect our clients privacy, incomplete case numbers are provided.

Case Summary

Date: 08/29/2013
Case #: 20XXXCT0XXX378AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was stopped traveling 30 mph over the speed limit. The vehicle did not stop right away and finally after ¼ of a mile did. Additionally, the officer noticed a strong odor of alcohol and had slurred speech. He also noticed he was disoriented. A DUI unit was called and that officer noticed red/bloodshot eyes and an odor of alcohol coming from him. He said he was just “heading home.” He admitted to having 1 beer after denying moments ago that he had been drinking. He then refused to do roadside exercises and was arrested. After being taken to the jail, he refused to provide a breath sample. The Firm watched the videos and noticed glaring issues in the case regarding the officers purposely turning off the video and destroying evidence in the case. The State of Florida reviewed the entire case and agreed not to file any criminal charges against the Defendant.

Case Summary

Date: 08/29/2013
Case #: 2XXXXT01XX35AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was stopped for speeding 20 mph over the speed limit. She appeared confused and disoriented and her eyes were bloodshot and glassy. Additionally, she had slurred and raspy speech and smelled like alcohol. She said she was coming from a festival and that she had consumed Mimosas during the day. She performed poorly on the roadsides and was arrested for DUI. Once taken to the jail, she refused to provide a breath sample. The Firm ordered the videos in the case and reviewed them prior to the arraignment. After reviewing them, it was clear that there were numerous inconsistencies with the reports and the videos. After speaking the State Attorneys Office about these issues, all charges were dropped.

Case Summary

Date: 08/28/2013
Case #: 20XXXT01XXX22AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was passed out behind the wheel and the medics came and removed the keys from the ignition. The Defendant had heavily slurred speech and reeked of alcohol. He had an open bottle of liquor in his car and was extremely unable to balance. He was aggressive and argumentative towards all the officers on scene. He was extremely confrontational which was all captured on video. His speech was heavily slurred. Roadsides were not able to be completed because of the aggressive behavior. He was arrested and refused a breath sample. The Firm was able to negotiate a deal which resulted in the charges for Driving Under the Influence being dismissed by the State Attorney’s Office.

Case Summary

Date: 08/27/2013
Case #: 21XXXXT01XX25AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was stopped for speeding more than 30 mph over the speed limit. He was stopped and the officer noticed signs of impairment including glassy/red eyes, slow speech, stumbling as he walked around and an odor of alcohol. He also admitted to drinking a couple of drinks. He performed poorly on the roadside tasks and was arrested. He was taken to the jail and refused a breath test. The firm watched the videos and spoke to the State Attorneys Office. The Firm was able to negotiate a deal which resulted in the charges for Driving Under the Influence being dismissed by the State Attorney’s Office.

Case Summary

Date: 08/23/2013
Case #: 20XXXT01XXX27AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was observed straddling the white fog line with the passenger tires and then crossing over the white lane divider. It continued to do this on more than 6 occasions. When stopped, the Defendant spoke with slurred speech, was unsteady on his feet and had a strong odor of alcohol coming from him. He said he came from a restaurant where he was celebrating his 15 year anniversary. He performed poorly on roadsides and was arrested. He refused to provide a sample of his breath. The Firm was able to convince the State Attorney, after a review of the videos, to dismiss the charges for Driving Under the Influence.

Case Summary

Date: 08/22/2013
Case #: 20XXXT00XX95AXXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 08/22/2013
Case #: 05-1138XXMM10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 08/19/2013
Case #: 1XXX170XXXXM10A NO CONVICTION AS CHARGED
Charge: Resisting an Officer or Arrest
Uncategorized
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.

Case Summary

Date: 08/16/2013
Case #: 20XXXT0XXX72AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 08/14/2013
Case #: 20XXXT01XX36AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 08/13/2013
Case #: 2XXXT0XXX906 NO CONVICTION AS CHARGED
Charge: Driving with License Suspended
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.

Case Summary

Date: 08/12/2013
Case #: 2XXXCXX06X4 NO CONVICTION AS CHARGED
Charge: Leaving the Scene of an Accident
Uncategorized
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.
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Rolando A. Sanchez, Esq.

Originally from Miami , grew up in Central Florida.  After high school, he joined the U.S. Air Force where he worked on F-15E fighter jets as an Avionics Technician.  He was Honorably Discharged. Afterwards, he attended University of Central Florida and received a BSBA Finance Degree, cum laude.  Next, he attended Barry University for law school and among other things, served as V.P. of the Veterans Legal Society.  Since graduating in 2016, Mr. Sanchez has dedicated his career to helping those charged with criminal matters.  These cases include traffic, misdemeanors and felonies, including trials and post-conviction relief. Mr. Sanchez is the lead attorney in Ticket Clinic’s Kissimmee office, handling cases in Osceola, Polk, Hardee and Desoto Counties.