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.
The Defendant was seen by an officer running a red light. He was pulled over and the stopping officer smelled alcohol on the Defendant’s breath and his eyes were bloodshot, watery and glassy. He was unsteady on his feet and a DUI unit was called to respond to the scene. He admitted to drinking about 5 beers and then stated he did not want to do the roadsides because he was “too drunk” and asked “to be taken right to jail.” After continually asking the Defendant if he wanted to perform roadsides, he stated, “No, I am drunk, it would be a waste of time.” He then refused to perform roadside exercises and was taken to jail. At the jail, the Defendant refused to provide a sample of his breath and when asked to sign his tickets, he also refused. The firm took several sworn statements from the officers and filed a motion to suppress after discovering issues regarding the Defendant being placed in handcuffs. These issues did not appear in any of the police reports. The Firm argued the Defendant was “arrested” under certain legal principles although he was not “formally arrested.” On the date of the hearing on the motion to suppress, the State of Florida dismissed the charges for Driving Under the Influence, Driving Under Suspension and Refusing to Sign the Traffic Summons.
The Defendant was charged with 4 separate counts of DUI causing Property Damage. The Defendant was involved in a multi-vehicle accident located at State Road 84 and Davie Road in Davie, Florida. Officers arrived on scene and noticed the Defendant to have the odor of an alcoholic beverage on his breath, bloodshot glassy eyes and admitted to consuming alcohol at Bokamper’s Bar and Grille in Plantation after stating to another officer that he had nothing to drink and that he was coming from K-Mart. The Defendant was asked to participate in Roadside Sobriety Exercises, but refused to do so citing numerous injuries and surgeries to his back and to his knees. The Defendant was arrested for DUI and refused to submit to a breath test. The firm filed a Motion to Suppress the Unlawful Detention of the Defendant for roadside exercises based upon the fact that the DUI investigator compelled the Defendant to participate in a roadside investigation for DUI after noticing only that the Defendant’s eyes were red. The State received the motion and dropped all DUI charges.
The Client was charged with Driving Under the Influence after she was stopped for serving all over the road and into oncoming traffic. The client had watery eyes and the smell of an unknown alcoholic beverage emitting from her breath. According to the arresting officer, the client was asked to submit to field sobriety exercises which according to the officer she failed to perform to standard. The Client admitted to having one and a half glasses of wine. She subsequently gave a breath sample of .042 and .043. Despite the State Attorney continuing the case twice, the Firm pushed for trial and on the day of trial call, the State of Florida dismissed the DUI.
