DUI
On June 30, 2012, at approximately 10 pm, a Florida Highway Patrol officer was headed southbound on I-75 just south of I-4. He observed a vehicle which he thought was traveling well over the posted speed limit. The vehicle ran up on the back of traffic 2 lanes to the officer’s right and slammed on the brakes. The vehicle then abruptly changed lanes to the left and began to speed up rapidly. The officer was able to get a pace clock on the vehicle. The officer was traveling 106 miles per hour and not gaining or losing any distance on the vehicle. The officer had to travel well over 110 mph to catch up to the vehicle and initiate a traffic stop. The officer made contact with the driver/Defendant and could smell an odor of alcoholic beverage. The driver’s motor skills and reactions seemed slow. The Defendant’s eyes were bloodshot and glassy, and his face was flush. The officer asked the Defendant to step out of the vehicle. The Defendant had trouble maintaining his balance and his speech was slow and slurred. The Defendant was asked if he would perform field sobriety exercises and he stated he did not understand what the officer was talking about. The Defendant agreed to let the officer look at his eyes. The Defendant could not follow the instructions to follow the pen with his eyes to determine if HGN was present. The Defendant stated he had nothing to drink. The Defendant was then relocated off the interstate for field sobriety exercises. As the Defendant rode with the officer to the field sobriety exercise point, he stated he did not understand what the officer was talking about. During the field sobriety exercises, the Defendant kept telling the officer that he did not know what he was talking about and that he was from Bulgaria. He stated he would try the exercises but kept having difficulty with the officer’s instructions. The Defendant exhibited multiple clues of impairment on the One leg stand, finger to nose, and walk and turn exercises. The officer then read the Defendant his Miranda rights, which he waived and agreed to answer questions. The Defendant again said he had nothing to drink. The Defendant was placed under arrest for DUI. The Defendant refused to provide a breath sample. Result: The case was set for trial and at the last call hearing before the trial, the State dropped the DUI charge.
The defendant was charged with violating the terms of his business purposes only license that was required because he had a five year habitual traffic offender license suspension. The State Attorney in the case was asking for a month in jail. The Firm filed a motion to suppress the evidence in the case as the defendant was stopped for failing to signal lanes and there was no evidence that traffic was affected by said failing to signal. In addition, the Firm argued that this case could ultimately not be proven as the only evidence against the defendant was his own statement and the doctrine of Corpus Delecti prohibited his statement from being admitted into evidence. On the day of the hearing for the Motion to Suppress in this case the State Attorney agreed with The Firm and dismissed all charges against the Defendant.
The defendant was charged with violating the terms of his business purposes only license that was required because he had a five year habitual traffic offender license suspension. The State Attorney in the case was asking for a month in jail. The Firm filed a motion to suppress the evidence in the case as the defendant was stopped for failing to signal lanes and there was no evidence that traffic was affected by said failing to signal. In addition, the Firm argued that this case could ultimately not be proven as the only evidence against the defendant was his own statement and the doctrine of Corpus Delecti prohibited his statement from being admitted into evidence. On the day of the hearing for the Motion to Suppress in this case the State Attorney agreed with The Firm and dismissed all charges against the Defendant.
The defendant was charged with violating the terms of his business purposes only license that was required because he had a five year habitual traffic offender license suspension. The State Attorney in the case was asking for a month in jail. The Firm filed a motion to suppress the evidence in the case as the defendant was stopped for failing to signal lanes and there was no evidence that traffic was affected by said failing to signal. In addition, the Firm argued that this case could ultimately not be proven as the only evidence against the defendant was his own statement and the doctrine of Corpus Delecti prohibited his statement from being admitted into evidence. On the day of the hearing for the Motion to Suppress in this case the State Attorney agreed with The Firm and dismissed all charges against the Defendant.
The Defendant was seen by an off duty Cocounut Creek Police Department Officer traveling over 100 mph, passing on the shoulder, tailgating other vehicles and causing others to take evasive actions by braking and swerving on the road. The Defendant almost caused several crashes on the Florida Turnpike. When the Florida Highway Patrol officer got a visual on the vehicle, it was traveling within ¼ car length behind another car. Another trooper clocked the Defendant at 100 mph as he passed him. After being stopped, the Defendant was unsteady on his feet and used his door to keep his balance. He was arrested for Reckless Driving and while speaking to him, the Trooper noticed an odor of alcohol and his eyes were bloodshot, glassy and watery. His speech was slurred and mumbled and his face appeared to be flushed. The Defendant stated he had no alcohol in the truck, just Gatorade. After being told he smelled alcohol, the Defendant denied having anything to drink. During the roadside tasks, the Defendant stepped off the line several times, raising his arms and almost falling over on 5 occasions. During the one leg stand, the Defendant started hopping all over the street and mixed up the numbers while counting. After being taken to the breath facility, the Defendant refused a breath sample after being told his license and commercial drivers license would be revoked for one year. Additionally, he argued for almost 15 minutes about whether he should take the test. The Firm pointed out to the State that the Officer did not read the Defendant his Miranda warnings after being immediately handcuffed on scene and thus none of the statements made by the Defendant would be admissible. After pointing out that fact and other problems with the case, the State agreed to dismiss the charges for Driving Under the Influence.
The Defendant was clocked going 53 in a 35 mile per hour zone. The officer turned on his lights and sirens and the vehicle did not slow down. The Defendant eventually stopped and her speech was slurred and her eyes were bloodshot and glassy. She also smelled like alcohol and stated she had been drinking beer on the beach all day. The Defendant had two 12 packs of bud light in the rear seat. A DUI unit showed up and the Defendant was eating corn chips upon his arrival. She performed poorly on roadsides and was taken back to the jail where she was asked to submit to a breath test and refused. She admitted to drinking 4 beers but could not remember when she had her last drink. When asked if she could feel the effects of the alcohol, she would not answer. The Firm contacted the State Attorney after reviewing all of the initial police reports. After vigorous negotiations, the Firm was able to convince the State to dismiss the charges for Driving Under the Influence.
The Defendant was clocked going 53 in a 35 mile per hour zone. The officer turned on his lights and sirens and the vehicle did not slow down. The Defendant eventually stopped and her speech was slurred and her eyes were bloodshot and glassy. She also smelled like alcohol and stated she had been drinking beer on the beach all day. The Defendant had two 12 packs of bud light in the rear seat. A DUI unit showed up and the Defendant was eating corn chips upon his arrival. She performed poorly on roadsides and was taken back to the jail where she was asked to submit to a breath test and refused. She admitted to drinking 4 beers but could not remember when she had her last drink. When asked if she could feel the effects of the alcohol, she would not answer. The Firm contacted the State Attorney after reviewing all of the initial police reports. After vigorous negotiations, the Firm was able to convince the State to dismiss the charges for Driving Under the Influence.
The Defendant was seen speeding up well above the speed limit while exiting a bar. After the officer attempted to stop the vehicle with its lights and sirens, the vehicle continued to accelerate, took a corner by hitting and driving over the curb and fled the officer. The Defendant then pulled down an alley and turned off its lights in an attempt to hide from the officer. The officers were able to find the Defendant and he was ordered out of the car. The officers smelled alcohol on the defendant and he submitted to roadsides. The Defendant was charged with felony Fleeing and Eluding an Officer. He was facing five years in prison and a mandatory felony conviction and one year license suspension. The Firm had numerous discussions with the State Attorney and successfully convinced them to dismiss the felony charges.
The Defendant was seen speeding up well above the speed limit while exiting a bar. After the officer attempted to stop the vehicle with its lights and sirens, the vehicle continued to accelerate, took a corner by hitting and driving over the curb and fled the officer. The Defendant then pulled down an alley and turned off its lights in an attempt to hide from the officer. The officers were able to find the Defendant and he was ordered out of the car. The officers smelled alcohol on the defendant and he submitted to roadsides. The Defendant was charged with felony Fleeing and Eluding an Officer. He was facing five years in prison and a mandatory felony conviction and one year license suspension. The Firm had numerous discussions with the State Attorney and successfully convinced them to dismiss the felony charges.
On 7/30/12, Client was stopped for driving with a suspended license. Client had been previously convicted of driving with a suspended license and one more conviction would have definitely habitualized him resulting in a future felony conviction on his record. On 11/21/12, the case ws scheduled for trial and the officer appeared for court. Counsel convinced the State of Florida to drop the charge.
A police officer approached the Defendant and noticed the strong smell of burnt cannabis. The Defendant admitted to possessing a small amount of marijuana, and was subsequently arrested. The attorney for the firm investigated the case, and was able to get the Defendant into a drug treatment program. Upon completion of the program, the attorney for the firm was able to get the State to drop the case completely.
