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.
The Defendant was traveling westbound on Forest Hill Boulevard when an officer observed him swerve into the middle lane several times. The Defendant then made a U-Turn and almost caused a crash. After being stopped, the Defendant had an odor of alcohol coming from his breath, glassy and bloodshot eyes and was disoriented. He said he drank 3-4 beers. The Defendant did not seem to understand how to perform roadside exercises while being instructed and was arrested for DUI. At the breath facility, the Defendant was asked to submit to a breath sample where he refused. The Defense took depositions of the stopping officer and the arresting officer. After the depositions were taken, the State of Florida initially offered the Defendant a Reckless Driving reduction in exchange for a plea of guilty. The Firm rejected the plea offer and set the case for trial. Prior to the trial date, the State of Florida dismissed all criminal charges against the defendant.
The Defendant was traveling westbound on Forest Hill Boulevard when an officer observed him swerve into the middle lane several times. The Defendant then made a U-Turn and almost caused a crash. After being stopped, the Defendant had an odor of alcohol coming from his breath, glassy and bloodshot eyes and was disoriented. He said he drank 3-4 beers. The Defendant did not seem to understand how to perform roadside exercises while being instructed and was arrested for DUI. At the breath facility, the Defendant was asked to submit to a breath sample where he refused. The Defense took depositions of the stopping officer and the arresting officer. After the depositions were taken, the State of Florida initially offered the Defendant a Reckless Driving reduction in exchange for a plea of guilty. The Firm rejected the plea offer and set the case for trial. Prior to the trial date, the State of Florida dismissed all criminal charges against the defendant.
On August 15, 2012, a 74 year old woman was driving her vehicle out of a parking lot when she inadvertantly swiped another vehicle causing scratches to the other vehicle. A civilian witness observed the accident and and took down her plate number and then called the police. One officer appeared and spoke to the witness and another officer went to see the client at her home. Client was then charged with Leaving the Scene of the Accident. At trial, Counsel was able to convince the State to Florida to drop this case.
On August 15, 2012, a 74 year old woman was driving her vehicle out of a parking lot when she inadvertantly swiped another vehicle causing scratches to the other vehicle. A civilian witness observed the accident and and took down her plate number and then called the police. One officer appeared and spoke to the witness and another officer went to see the client at her home. Client was then charged with Leaving the Scene of the Accident. At trial, Counsel was able to convince the State to Florida to drop this case.
On August 15, 2012, a 74 year old woman was driving her vehicle out of a parking lot when she inadvertantly swiped another vehicle causing scratches to the other vehicle. A civilian witness observed the accident and and took down her plate number and then called the police. One officer appeared and spoke to the witness and another officer went to see the client at her home. Client was then charged with Leaving the Scene of the Accident. At trial, Counsel was able to convince the State to Florida to drop this case.
The defendant was accused of unlawfully taking certain furniture and electronic equipment from the victim's home. After a thorough investigation of the case and the taking of depositions, it was proven that not only was the furniture lawfully purchased through the victim's friend, but the victim (who had filed for bankruptsy) actually pawned the electronics equipment in an effort to extort money from the defendant. A motion to dismiss was filed alleging that it was impossible that the defendant took the aforementioned property. The State of Florida dismissed all charges on 1/26/06.
The Defendant was driving his vehicle when he swerved to the inside lane to stop his car and impacted a vehicle and then bounced off and hit two other vehicles. The Defendant was transported to JFK hospital for injuries. The officer observed the defendant to be laying in a hospital bed and was wearing no shirt and black dress shoes. He appeared dazed and disoriented and had a confused look on his face. He had difficulty keeping his eyes open and occasionally nodded off and fell asleep. The officer conducted HGN and VGN on the defendant and was a certified Drug Recognition Expert. He noticed signs of impairment of a central nervous system depressant. The defendant advised that he took two mg of Xanax a little bit ago through very slurred speech to where it was hard to understand him. He was asked to submit to a blood test and he refused. The State filed numerous charges of DUI crash based upon the defendant smashing into three different vehicles. Additionally, the Defendant was already on probation for a DUI at the time he was charged with these new DUI crash offenses. The Firm demanded a speedy trial and then was prepared to move to exclude the statement of Xanax pursuant to the accident report privilege. On the day of trial, the State of Florida dismissed all pending DUI charges against the Defendant.
The Defendant was seen by two independent witnesses driving all over the road, speeding and ran someone off the road in Key West. An independent police officer then witnessed the Defendant driving on the wrong side of the road into oncoming traffic. The Defendant was stopped. His eyes were glassy, he looked like he was in a trance and an odor of alcohol was coming from his breath. He admitted that he drank 2 Jim Beam and Diet Cokes. The Defendant was unsteady on his feet, was swaying from side to side and had slurred speech. After performing poorly on roadsides, the Defendant was arrested and placed in the back of the police car where he almost immediatley fell asleep and had to be woken up. He was taken to the jail where he refused to give a sample of his breath to determine the alcohol content. The Firm filed numerous motions including a motion to suppress for lack of probable cause to arrest, motion to exclude the HGN exercize, motion to suppress the field sobriety exercises, and motions to exclude the refusal based upon audio issues at the jail and an incorrect reading of implied consent. After setting all the motions for hearings in front of the judge, and after the State Attorney met with the arresting officer, the State agreed to dismiss the charges for Driving Under the Influence.
The Defendant crashed into the back of a vehicle, and then proceeded to drive his car into the front yard of a residence. According to the police, the Defendant appeared to be impaired. The officer noticed that the Defendant smelled like alcohol, his eyes were bloodshot and his face was flushed. The officer requested that the Defendant perform roadside exercises. According to the officer, the Defendant performed poorly on all 5 exercises. He was arrested for DUI and asked to submit to a test of his breath. The Defendant agreed, and one of the samples was a .086. The attorney for the firm prepared the case, and the State dismissed the DUI charge.
The defendant was arrested for DUI after leaving the scene of an accident. After the arrest she blew .289, .245, and .231. Motion to suppress was granted. State’s appeal affirmed. DUI charge dropped.
The defendant was stopped by an officer from the Hollywood Police Department for racing another vehicle, driving at an excessive speed, cutting off other vehicles; running a stop sign and making a turn into oncoming lanes of traffic. That officer as well as the DUI Investigator noticed that the defendant had an odor of an alcoholic beverage; flushed face; bloodshot and glassy eyes, slurred speech and was argumentative and had mood swings. The defendant was stumbling and had to use his vehicle for balance. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant admitted to being under the influence and to consuming three rum and cokes and to taking two percocet and one tagamet. The defendant was arrested for DUI and refused all testing. The judge entered a judgment of acquittal based on the firm’s motion made at the close of the State’s case and the case was not allowed to go to the jury. This was the equivalent of a dismissal entered by the judge.
