DUI & Criminal Division

RECENT COURT VICTORIES

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

Case Summary

Date: 04/19/2013
Case #: 2XXXX000XXX8AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant ran a red light and then took a longer than usual to pull over. The driver had bloodshot eyes that were pinpointed. She was unable to focus on simple tasks and fumbled over copies of her registration and insurance. She continued to state that her husband works for North Palm and that she was not drunk. She began shaking during roadsides and admitted to taking seven different kinds of drugs. She could not balance properly on 2 of the roadsides and performed poorly according to the officer. She was arrested and asked for a breath and a urine sample. She refused a urine sample but gave a breath sample of .000. The State of Florida filed felony charges due to the Defendan’t prior convictions. However, the attorney for The Ticket Clinic emailed the State Attorney and had numerous phone conferences regarding the legal problems with the case. The Firm was prepared to file motions to dismiss and suppress for an illegal arrest. The State of Florida agreed that there was no probable cause for the arrest and dismissed the charges for Driving Under the Influence.

Case Summary

Date: 04/18/2013
Case #: 20XXXCXXT7XX5 NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was stopped for running a red light. The Officer made contact with the driver and noticed an odor of alcohol on his breath, his eyes were bloodshot and glassy, and his speech was slurred. The officer also claimed that the driver appeared confused when he was asked to produce his license, registration, and insurance. Based on his observations, the officer requested that the driver perform field sobriety exercises. Based on his poor performance, he was arrested. He was taken to the station where he blew under the legal limit. After the results, the officer performed a drug recognition examination. The officer concluded that the defendant was on pain killers. The officer requested a urine sample and the defendant refused to provide one. Our office set the case for trial. Prior to the trial, the prosecutor met with her supervisor to determine how they prosecute the case. We explained that the case was weak and there were many holes in the case that the state would not be able to fill. After the meeting, the prosecutor decided to dismiss the case.

Case Summary

Date: 04/17/2013
Case #: 03-220XXMM10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was stopped for speeding. He completed the roadside exercises and refused the breath test. DUI charge dropped.

Case Summary

Date: 04/17/2013
Case #: 1XXX549XXXM10A NO CONVICTION AS CHARGED
Charge: Resisting an Officer or Arrest
Uncategorized
The Police conducted a traffic stop on the Defendant for swerving outside of his lane. The officer ordered the Defendant to place his hands on the steering wheel. The Defendant refused, and kept reaching into the backseat area of his vehicle. The officer removed the Defendant from the vehicle and attempted to pat him down for weapons. The Defendant tensed up and refused to comply. The officer ordered him to comply, and the Defendant cursed at him numerous times and continued to resist. The officer arrested him for Resisting Arrest Without Violence. The attorney for the firm investigated the case and filed a motion to suppress. On the day of the motion, the State Attorney dismissed all charges.

Case Summary

Date: 04/16/2013
Case #: 2XXXXXT00XXX63AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was driving his car when the vehicle he was operating crashed head on into a tree. The defendant crossed into the opposing lane of traffic and struck the tree with no tire marks on the road. Fire rescue was attending to the Defendant and they indicated that he told them he had been drinking. The Defendant was taken to the hospital where the officer met him. He admitted he was with friends and drank 4-5 beers. He smelled like alcohol and consented to a blood draw upon request from the officer. The results came back with a blood alcohol level of .235 and .234 (almost 3 times the legal limit). A medical blood was also taken from the Defendant which yielded approximately the same results. The Firm took depositions of all of the state witnesses including the officers involved, medics and nurses. After a 2 hour hearing, the judge assigned to the case agreed with the Firm that the legal blood would not be admissible in court should the case proceed to trial. Furthermore, the Firm pointed out problems with the case on the day before the trial regarding the medical blood. The State of Florida dismissed the charges for DUI the day before the trial after almost two years of the firm vigorously fighting for our client.

Case Summary

Date: 04/16/2013
Case #: 05-01307XXF10A NO CONVICTION AS CHARGED
Charge: Felony - Possesion of Cocaine
Uncategorized
The Defendant's vehicle was stopped for failing to use a turn signal. Thereafter, officers obtained cocaine from the interior of the car pursuant to an alleged lawful search. The Defendant also admitted to owning the cocaine and other ilicit drugs. A motion to suppress was filed. The defendant was required to be sent to prison if sentenced on these charges. The motion to suppress was granted. Case dropped by the State on 6/30/06.

Case Summary

Date: 04/15/2013
Case #: 2XXX-501XXXXXDB NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was observed by the Port Orange Police Department traveling on the wrong side of the road for approximately one quarter of a mile. The Defendant smelled like alcohol from two feet away and had slurred speech and bloodshot, glassy eyes. The Defendant was asked to exit the vehicle, had to use the vehicle to support herself, staggered while walking and swayed while standing. She performed so poorly on the Field Sobriety Exercises that they were stopped for safety reasons and the Defendant was placed under arrest for DUI and taken to give a breath sample. During the breath test the Defendant did not give a sufficient volume of breath to activate the machine and after numerous requests was deemed to have refused. After lengthy negotiations with the State we were able to convince the State to drop the DUI charge.

Case Summary

Date: 04/15/2013
Case #: 2XXXXT00XXX00AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was stopped for driving 51 mph in a 35 mph zone. He had a strong odor of alcohol coming from him and bloodshot/watery/droopy eyes. He was slurring his words and was swaying side to side out of the car. He consented to roadsides where performed poorly and even jumbled the alphabet. He was taken to the breath facility and he refused to give a sample of his breath. After receiving the videos, the Firm had a conference call with the DUI intake case filing lawyer. The Firm convinced the State of Florida to dismiss the charges for Driving Under the Influence.

Case Summary

Date: 04/10/2013
Case #: 2XXXXT0XXX89AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was seen by a security guard driving into a parking lot and it came to a stop in a lane where the signals were going on and off. The driver briefly opened the door and the lights turned off. When the officer got there, the vehicle was off and the defendant was sleeping in the driver’s seat of the car. The keys were on the street next to the driver’s side door. The door was partially open. The defendant smelled of alcohol and his eyes were bloodshot and glassy and his speech was slurred. He could not get up on almost 3 occasions when the Defendant was told to get out of the car. He was unsteady on his feet and could not maintain his balance. He was asked to perform roadsides and he stated no. He was arrested and taken to jail where he blew a .317 and a .309. The Firm took case law to the office of the State Attorney establishing the fact that the defendant was arrested without probable cause for DUI. The State of Florida agreed and dismissed the charges for Driving Under the Influence.

Case Summary

Date: 04/09/2013
Case #: 2XXXXT02XX50AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant ran a red light in front of oncoming traffic and was driving 80 mph in a 35 mph zone. The Defendant had glassy red eyes and denied drinking any alcohol even though he smelled like it. He then admitted to drinking 2 vodkas. A DUI unit responded and noticed that the defendant had mumbled and “very slurred” speech. He was asked if he wanted to perform roadside tasks to which he refused. He was told that the refusal would be held against him in court and he still refused them. He was arrested and in the back of the car continually cursed over and over again. He was transported to the breath facility where he refused to submit a sample of his breath. The Firm spoke with the intake department at the State Attorney’s office after retrieving the roadside and jail videos very quickly. After speaking with them about the inconsistencies in the videos and the reports, the State of Florida agreed to drop the charges for Driving Under the Influence.

Case Summary

Date: 04/09/2013
Case #: 2XXXXXT0XX297AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant ran a stop sign and swerved into the left lane. Then the vehicle began to straddle the right divider line and accelerate while swerving back and forth violently 3 times and traveled 70 mph in a 35 mph zone. After being stopped the defendant had an odor of alcohol on his breath and admitted to drinking 4 drinks in the last 7 hours. He was unsteady on his feet stumbling and swaying the entire time. He consented to roadsides where he performed poorly. After being arrested, he was brought to the jail where he refused to provide a sample of his breath. The Firm pointed out inconsistencies with the video evidence and the reports and convinced the State of Florida to drop the charges for Driving Under the Influence on the day before the trial.

Case Summary

Date: 04/08/2013
Case #: 2XXXXXM0XX96AXX NO CONVICTION AS CHARGED
Charge: Possession of Cannabis / Drug Paraphernalia
Uncategorized
The police were dispatched out to an animal complaint regarding pit bulls attacking other dogs in the neighborhood. When the officers arrived, there was a Mercury parked in the driveway with the windows down and the engine running. The officer observed, in plain view, a small white cigarette butt in the cup holder that appeared to be a marijuana joint. Contact was then made with the owner of the dogs and the owner of the Mercury. When asked about the cigarette in the cup holder, the defendant admitted that it was marijuana and that it was his. He said he got stressed out and forgot he left the joint there. The State of Florida attempted to require that the Defendant plead guilty to the criminal charges for possession of the marijuana. However, because of the legal issues surrounding the Defendant’s admissions, the State of Florida could not use the defendant’s admissions against him. Therefore, they could not prove that he, in fact, possessed the drugs. At the first court date, the State dismissed all criminal charges against the Defendant.
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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.