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.
The Defendant was passed out in her vehicle on the southbound exit ramp of I-95 and Boynton Beach Boulevard. An independent witness called the police who responded. When an FHP DUI officer arrived, he noticed that she smelled like alcohol and her eyes were bloodshot. Because the area was not conducive to roadsides, the Defendant was moved to the Holiday INN parking lot about 200 feet away. She performed poorly on roadsides and was arrested. While at the jail, she gave two breath samples of .168 and .173. The firm filed a motion to exclude the roadsides because the Trooper did not record the exercises even though he had a working camera. The firm retrieved the FHP policies on videotaping and set the motion for a hearing. At the hearing, the Officer had brought several pictures of the Holiday Inn parking lot depicting what the officer claimed to be “an area that would not allow him to record.” He tried to convince the court that he purposely did not record the roadsides due to an inability to capture them. After being cross examined by the Firm, the court granted the motion, indicating on the record that parts of the officer’s testimony was “offensive.” After the hearing, the State Attorney’s Office dismissed the charges for Driving Under the Influence.
The Defendant was passed out in her vehicle on the southbound exit ramp of I-95 and Boynton Beach Boulevard. An independent witness called the police who responded. When an FHP DUI officer arrived, he noticed that she smelled like alcohol and her eyes were bloodshot. Because the area was not conducive to roadsides, the Defendant was moved to the Holiday INN parking lot about 200 feet away. She performed poorly on roadsides and was arrested. While at the jail, she gave two breath samples of .168 and .173. The firm filed a motion to exclude the roadsides because the Trooper did not record the exercises even though he had a working camera. The firm retrieved the FHP policies on videotaping and set the motion for a hearing. At the hearing, the Officer had brought several pictures of the Holiday Inn parking lot depicting what the officer claimed to be “an area that would not allow him to record.” He tried to convince the court that he purposely did not record the roadsides due to an inability to capture them. After being cross examined by the Firm, the court granted the motion, indicating on the record that parts of the officer’s testimony was “offensive.” After the hearing, the State Attorney’s Office dismissed the charges for Driving Under the Influence.
The police had received a call from an unknown driver indicating that a dark colored pickup truck was driving recklessly on Flamingo Road, and had nearly hit several vehicles. An officer arrived to the area and saw a dark colored pickup truck pulled along the side of the road. The officer approached, but could not see inside of the vehicle, so he opened the door. The Defendant was slumped over in the driver’s seat with the vehicle running. The officer noticed a very strong odor of alcohol coming from the Defendant’s mouth. The officer asked the Defendant to perform 3 roadside exercises, and the Defendant performed poorly on all 3. The Defendant agreed to submit to a breath test and blew nearly twice the legal limit. The attorney for the firm argued a motion to suppress the initial stop of the Defendant. The Court granted the motion and the case was dismissed.
The client was charged with DUI. The officers on the scene testified that he was staggering while he walked, had slurred speech and beer cans strewn all around the vehicle. After the client did not perform field sobriety exercises he was asked to give a breath sample, to which he replied that he would do whatever the officers wanted. The officers processed this as a refusal to take the test and at this point the client got very upset and began cursing and kicking the police cruiser. The firm was able to get the refusal suspension of the client’s license lifted by the DMV at the client’s formal hearing as there was no actual refusal. In addition, the Firm used the testimony given at the formal DMV hearing and showed it to the State Attorney’s office shortly before trial. The State agreed to drop the DUI charge.
The client was charged with DUI. The officers on the scene testified that he was staggering while he walked, had slurred speech and beer cans strewn all around the vehicle. After the client did not perform field sobriety exercises he was asked to give a breath sample, to which he replied that he would do whatever the officers wanted. The officers processed this as a refusal to take the test and at this point the client got very upset and began cursing and kicking the police cruiser. The firm was able to get the refusal suspension of the client’s license lifted by the DMV at the client’s formal hearing as there was no actual refusal. In addition, the Firm used the testimony given at the formal DMV hearing and showed it to the State Attorney’s office shortly before trial. The State agreed to drop the DUI charge.
Our client was stopped at a red light. When the light turned green, she was hit from behind. When the officer arrived, he noticed our client had slurred speech, bloodshot eyes, and was argumentative. When they checked her vehicle, they found an empty thermos that smelled of alcohol. She was transported to the hospital for observation and refused a request for a blood sample. Our firm refused all offers and the State eventually dismissed the charge completely.
On July 15, 2012, at approximately 2:20 am, a FSU police officer observed a silver Toyota exit the parking lot and head west on Academic Way with no headlights on. As the officer attempted to catch up with the vehicle, he observed it to travel over the double yellow line 3 times. The officer activated his overhead emergency lights and initiated a traffic stop on the vehicle. As the officer approached the vehicle, he noticed 2 front passenger seat occupants. A female was sitting in the male’s lap without a seatbelt on. The officer immediately noticed a strong odor of alcohol coming from the vehicle. The officer asked the driver, the Defendant, to step out of the vehicle. The defendant admitted to consuming a couple of drinks. The Defendant had red and watery eyes. The Defendant stumbled as she exited the vehicle and agreed to perform field sobriety exercises. On the HGN test, the Defendant had a lack of smooth pursuit in both eyes. The nystagmus was distinct and sustained at maximum deviation for both eyes, and was also present prior to 45 degrees in both eyes. On the walk and turn test, the Defendant did not step heel to toe on multiple steps. The Defendant also fell out of the instruction stance 4 times. On the One leg stand, the Defendant had to put her foot down 6 times and swayed throughout the exercise. Based on her performance, the Defendant was arrested for DUI. The Defendant refused to submit to a breath test. Results: The firm was able to convince the State to drop the DUI charge.
On July 15, 2012, at approximately 2:20 am, a FSU police officer observed a silver Toyota exit the parking lot and head west on Academic Way with no headlights on. As the officer attempted to catch up with the vehicle, he observed it to travel over the double yellow line 3 times. The officer activated his overhead emergency lights and initiated a traffic stop on the vehicle. As the officer approached the vehicle, he noticed 2 front passenger seat occupants. A female was sitting in the male’s lap without a seatbelt on. The officer immediately noticed a strong odor of alcohol coming from the vehicle. The officer asked the driver, the Defendant, to step out of the vehicle. The defendant admitted to consuming a couple of drinks. The Defendant had red and watery eyes. The Defendant stumbled as she exited the vehicle and agreed to perform field sobriety exercises. On the HGN test, the Defendant had a lack of smooth pursuit in both eyes. The nystagmus was distinct and sustained at maximum deviation for both eyes, and was also present prior to 45 degrees in both eyes. On the walk and turn test, the Defendant did not step heel to toe on multiple steps. The Defendant also fell out of the instruction stance 4 times. On the One leg stand, the Defendant had to put her foot down 6 times and swayed throughout the exercise. Based on her performance, the Defendant was arrested for DUI. The Defendant refused to submit to a breath test. Results: The firm was able to convince the State to drop the DUI charge.
The Defendant was observed by a police officer driving on Congress road. As the vehicle passed the officer, it struck the curb. The officer pulled behind the vehicle and it began to drastically slowed down. After turning on his lights, the vehicle continued slowly for about a block and then stopped in the road. The officer noticed the defendant was very disoriented and very confused. She stated multiple times without questioning that she had been drinking. She dropped all of her documents on the floor. In slow, mumbled and slurred speech, the Defendant began speaking to the officer about unrelated issues to her driving. She smelled like alcohol and had trouble standing. She performed poorly on roadside exercises and was transported to the breath facility. Her actions at the breath facility were all captured on video. The Defendant cursed and screamed at the officer on video for approximately 10-15 minutes until she blew a .209 and .229 (almost three times the legal limit). The Firm filed a motion to suppress arguing that the Defendant was stopped without any probable cause of a traffic infraction and no reasonable suspicion of criminal activity. The officer testified at the hearing and was cross examined by our Firm. He was impeached with his sworn testimony from the administrative hearing and impeached with his own police reports. The Judge granted the motion. The State filed a notice of appeal and the Firm was retained to handle the appeal. After sending a letter to the State Attorney regarding the findings of credibility at the motion to suppress and after reviewing the issues with the State Attorney’s Office Appellate Department, the Appeal was voluntarily dismissed. The State of Florida could not move forward against the Defendant on any criminal charges.
The Defendant was observed by a police officer driving on Congress road. As the vehicle passed the officer, it struck the curb. The officer pulled behind the vehicle and it began to drastically slowed down. After turning on his lights, the vehicle continued slowly for about a block and then stopped in the road. The officer noticed the defendant was very disoriented and very confused. She stated multiple times without questioning that she had been drinking. She dropped all of her documents on the floor. In slow, mumbled and slurred speech, the Defendant began speaking to the officer about unrelated issues to her driving. She smelled like alcohol and had trouble standing. She performed poorly on roadside exercises and was transported to the breath facility. Her actions at the breath facility were all captured on video. The Defendant cursed and screamed at the officer on video for approximately 10-15 minutes until she blew a .209 and .229 (almost three times the legal limit). The Firm filed a motion to suppress arguing that the Defendant was stopped without any probable cause of a traffic infraction and no reasonable suspicion of criminal activity. The officer testified at the hearing and was cross examined by our Firm. He was impeached with his sworn testimony from the administrative hearing and impeached with his own police reports. The Judge granted the motion. The State filed a notice of appeal and the Firm was retained to handle the appeal. After sending a letter to the State Attorney regarding the findings of credibility at the motion to suppress and after reviewing the issues with the State Attorney’s Office Appellate Department, the Appeal was voluntarily dismissed. The State of Florida could not move forward against the Defendant on any criminal charges.
On May 12, 2012 at approximately 1:46 am, a Temple Terrace Police officer observed a white Ford pickup stopped at a green light at the intersection of Bullard Parkway and N 56th St with the driver behind the wheel sleeping. The Defendant driver had his foot on the brakes while the vehicle was in drive and running. Once the officer made contact with the Defendant, he immediately noticed the strong odor of alcohol coming from the vehicle. The Defendant was snoring loudly. The officer reached inside the vehicle and put the vehicle in park and shut the vehicle off. After 3 attempts of trying to awaken the Defendant, he finally responded and stated “where am I?” The officer asked the Defendant if he knew where he was and he responded ‘Winterhaven’. While speaking with the Defendant, his speech was slurred and thick tongued. His eyes were bloodshot and glassy and the odor of an alcoholic beverage emitted from his exhaled breath. When asked for his driver’s license, the Defendant attempted to give the officer his bank card. The officer asked the Defendant to exit the vehicle and observed a sway while he was standing. The Defendant was requested to perform field sobriety exercises, which he refused. The Defendant was placed under arrest for DUI and refused to provide a breath sample. An open container of beer was located in the floorboard of the vehicle. The Defendant was previously convicted of DUI in Pasco County in 2008 so he was facing a mandatory jail sentence and 5 year revocation of his driver’s license. Results: The case was set for a jury trial, and the State dropped the DUI charge at the pretrial hearing date just days before the trial was set to begin.
