FACTS: Defendant was sitting at a stoplight in his truck without his headlights on. The light turned green and accelerated towards a major accident scene in a manner that the officer at trial testified to be “reckless”. The officer waived him down because he was driving at 10:00 p.m. without his lights on. She stopped the defendant and noticed that he had an open beer in his lap and a cooler of beers with an empty beer and 3 closed beers in the cooler next to him on the seat. There was a passenger drinking beer in the car as well. When the officer asked him why his headlights were out, he said, “they are on.” The officer had to show him that they were in fact not on. The officer testified at trial that the defendant was in a “stupor” and looked like he just woke up. When asked for license, registration and insurance, the defendant passed over his licesne 2 times in his wallet which was in plain view. He then just stared straight ahead when the officer said, “didn’t I ask you for other documents?” The officer smelled alcohol coming from the defendant’s breath, he had red, glossy eyes and slurred speech when he spoke. She then had the defendant pull over and ordered him out of the car. The defendant had to hold onto the car for support when getting out and was swaying while he was standing. When asked to tilt his head back and close his eyes for 30 seconds, he did it for 50 seconds. When asked to touch the tip of his nose with the appropriate hands, he raised his hands straight up in the air and pointed to the sky. This occurred after 3 instructions to do the same thing. The defendant was arrested for DUI and taken to the police department for a breath test. The defendant refused a breath test and the officer read implied consent. The defendant then refused to blow and pretended not to understand the implied consent over and over again. The defendant then told the officer questioning him that he had been drinking, didn’t know with whom and didn’t know where but did know that he could feel the effects of alcohol and was under the influence. Verdict: Not guilty.
According to the police, they came into contact with the Defendant and smelled the odor of cannabis. They eventually arrested the Defendant for Possession of a Controlled Substance. The attorney for the firm investigated the case, and was able to get the Defendant into a program for first time offenders. Upon completion of the program, the attorney for the firm was able to get the prosecutor to drop the case completely.
The officer observed the Defendant driving his motorcycle in excess of 100 miles per hour in a 55 miles per hour zone. The officer also reported a second motorcycle which appeared to be traveling parallel to the Defendant. The officer briefly lost sight of both motorcycles before conducting a traffic stop a short time later. The attorney challenged the legality of the stop as well as the identification of the Defendant by the officer. After extensive negotiations with the State Attorney's Office, the prosecutor dropped all criminal charges against the Defendant.
According to police, the Defendant made an improper turn and was stopped for the traffic infraction. Upon making contact with the Defendant, the officer noticed the smell of cannabis in the vehicle. The Defendant admitted to possessing a small amount of marijuana. The attorney for the firm investigated the case, and was able to get the Defendant into a program for first time offenders. Upon completion of the program, the attorney for the firm was able to get the prosecutor to drop the case completely.
According to the police, the Defendant was traveling at a high rate of speed, and was eventually clocked doing 80mph in a 45mph zone. The officer attempted to pull him over, but the Defendant stopped, and then drove away again when the officer exited her vehicle. The officer caught up with the Defendant who eventually pulled over. Upon making contact with the Defendant, the officer noticed the odor of alcohol on his breath and dilated pupils. The Defendant also admitted to drinking at a party he had just left. The Defendant was arrested and provided a breath sample of almost twice the legal limit (.156 and .150). The attorney for the firm investigated the case and filed a motion to dismiss. On the day the motion was scheduled to be heard, the State dropped the DUI charges against the Defendant rather than argue the motion to dismiss.
Charged with DUI as a result of crashing head on with another vehicle. Once the officer arrived he immediately conducted a DUI investigation and asked the defendant for a blood test. The firm went to the administrative review hearing and argued that the officer did not have authority to ask for a blood draw in this instance as there was no evidence to suggest anyone on the scene received serious injuries and the defendant was capable of giving a breath and/or urine test. The DMV agreed and invalidated the license suspension for the DUI.
The Defendant was driving on State Road 91 in the early morning of May 6th when she ran out of gas. After pulling over to the side the road, the Defendant was approached by a Florida Highway Patrol Trooper for a "health and wellness" check. The Trooper smelled the the odor of alcohol coming from the vehicle and began a DUI investigation. The Defendant was subsequently arrested for DUI and asked to provide a breath sample. The Trooper claimed the Defendant refused to provide a proper breath sample and the Defendant's license was suspended for a year. After winning the formal hearing (which caused the Defendant's to be license reinstated), the attorney filed a motion to suppress challenging the legality of DUI investigation. After reviewing the motion, the state attorney decided to drop all charges prior to the hearing.
The Defendant was a repossession agent in pursuit of a vehicle targeted for repossession. The Defendant located the vehicle and attempted to hook up the car with the driver and his infant child still inside. This resulted in a heated exchange between the parties and the arrival of law enforcement. Law enforcement conducted a an investigation and charged the defendant with the criminal offense of reckless driving. After lengthy negotiations with the prosecutor, the attorney was able to convince the state attorney's office to drop all charges against the Defendant.
According to the police, the Defendant was driving on I-95 when her side view mirror clipped a Florida Highway Patrol vehicle along the shoulder of the highway. The officer claimed that the Defendant fled the area and the officer had to give chase. The State was seeking a harsh penalty because the accident involved a law enforcement officer. The attorney for the firm investigated the case and was able to uncover evidence that contradicted what the officer had indicated. The State ultimately dismissed the entire case.
According to the police, the Defendant was drinking at Bahama Breeze. He was asked to leave the restaurant for causing a disturbance. On his way out, he encountered an individual in the parking lot, and he said “Do you like 45’s?” The other individual thought he was referring to a gun and felt threatened. He then contacted the police and gave a description of the Defendant, as well as of the vehicle he entered. The police stopped the Defendant and noticed the odor of alcohol on his breath. They conducted a DUI investigation, and arrested him for DUI. The attorney for the firm investigated the case and filed a motion to suppress all evidence in the case. The Judge granted the motion and the State dismissed the entire case against the Defendant
The Defendant was stopped for driving with a cracked windshield. Upon making contact with the Defendant, the Officer learned that she did not have a valid driver’s license. The Defendant appeared at her arraignment date without counsel and the Judge told her that any sentence less than 60 days jail would not be accepted based on 3 prior convictions for No valid license. The firm filed a motion to suppress based on an illegal stop. Result: The state dismissed the case.
The defendant was observed making a wide left turn. The officer made a u-turn and began to follow the defendant. The officer followed him for 45 seconds and observed him bouncing around the lane and touch the fog line once. Based on these observations, the officer pulled the defendant over. When he approached the vehicle, he smelled a strong odor of alcohol and began to question the defendant. The defendant was confused and thought he was in another city 10 miles away. When asked to do field sobriety exercises and provide a breath sample, the defendant refused. He was then placed under arrest. We filed a motion claiming the stop was unlawful and the motion was granted. Therefore, the case was dismissed.
