On February 9, 2012 at approximately 3:28 am a Hillsborough county Deputy arrived at the intersection of Silver Forrest Lane and Livingston Ave. The Deputy observed a 2 door BMW stopped with its front end up on the grassy area of the northwest corner of the intersection. The rear passenger side tire was on the westbound side of Silver Forrest Lane. The Deputy was responding to a suspicious vehicle call and made contact with the driver of the vehicle who was asleep in the driver’s seat with the engine running. The deputy called for a DUI investigator. The DUI deputy arrived and detected a strong odor of an alcoholic beverage emitting from the Defendant’s breath. The deputy also noticed that his eyes were glassy and watery. The Defendant was requested to submit to field sobriety exercises. He consented to the HGN test which showed multiple clues of impairment. After completion of this exercise, the Defendant refused to participate in any more tests. The Defendant was then placed under arrest for DUI. He initially refused to provide a breath sample, but after being read Florida’s Implied Consent law the Defendant changed his mind and provided the sample. The Defendant had a prior DUI arrest in 2010 and refused to provide a sample during that arrest. The results of the breath test were .140 and .145. Result: The case was set for trial but before the trial began, the State dropped the DUI charge.
The Defendant crashed his car into a parked car in the parking lot of a hotel. A Ft. Pierce Police Officer responded to the scene and allegedly that he smelled a strong odor of alcohol, noticed the defendant slurred his speech and admitted to having a couple of beers. The Defendant was arrested after performing poorly on the field sobriety tests and refused the breathalyzer. Defense Counsel immediately began to build the Defendant a strong defense. Defense Counsel learned the Defendant suffered from numerous medical conditions that could affect his performance on the field sobriety tests including cancer, double knee replacements, diabetes, and a bump on the head from the crash. Furthermore, the officer never inquired whether the Defendant suffered from any conditions which may hinder his performance with the tests. Defense Counsel first prepared and won a motion striking all admissions by the Defendant because the officer did not properly adhere to the “accident report privilege.” Then Defense Counsel set the case for trial. The prosecutor dropped all charges right before the trial was to begin.
The Defendant was observed by a Broward Sheriff’s Deputy driving a moped and making a wide left turn. A traffic stop was effected and the Deputy observed the defendant to have the odor of an alcoholic beverage; bloodshot eyes, flushed face and mumbled and slurred speech. The Defendant stepped off the moped and was extremely unsteady on his feet and stated that “he had nothing to drink”. The DUI investigator arrived on scene and made identical observations to that of the stopping officer. The defendant was asked to perform roadside exercises and performed very poorly, to the extent that he took 17 steps up and 19 steps back on the walk and turn exercise when he was only to take 9 steps up and back. The Defendant was arrested for DUI and provided a breath sample of .156 g/210L and .152g /210L. The Firm was able to provide evidence that the Defendant’s friend was the actual driver of the vehicle and the State dropped all DUI charges. This was the Defendant’s second DUI within a few months. The firm was able to get his other DUI dismissed as well.
The Defendant was observed swerving from lane to lane. When the police stopped him, the officer noticed the smell of alcohol on his breath. When he got out of his vehicle, the defendant stumbled and had to use his vehicle door to balance himself. The officer asked him to perform roadside exercises, and he complied. According to the officer, he performed very poorly. The defendant was asked to provide breath samples. He blew a .110 and .103. The attorney for the firm prepared the case for trial, and the State dismissed the DUI charges.
The Defendant crashed into several palm trees including the final tree that caused the vehicle to come to a rest. The driver had to be extricated from the vehicle. An independent witness to the crash said that the vehicle for no reason veered off the roadway and hit the trees. The Defendant was taken to the hospital and the officer responded there to speak with him. The officer noticed his voice was mumbled, he spoke very slowly and he seemed dazed. Additionally, he had a white crusty substance in the corners of his mouth and a white film on his tongue. The officer thought that the Defendant was under the influence of a controlled substance (not impairment by alcohol) and asked him for a blood test. The Defendant was very indecisive of whether he would submit to a blood test, continually saying that he was concerned that there may be some drugs in his system from a few weeks prior. Implied consent was read to the Defendant and he kept saying he was drug free for two weeks but that there may be some type of drugs that would show up in the blood test. Finally, the Defendant refused. The EMS report came back indicating that the Defendant admitted to drinking a glass of wine and showed indicators of impairment. However, the Firm made contact with the case filing attorney with the State Attorney’s Office and pointed out several problems with the case. Most importantly, there were major inconsistencies with the EMS report and the officer who charged the Defendant with DUI. Additionally, the Firm pointed out that based upon the officer’s failure to read Miranda, no statements would be admissible. Additionally, without a blood test, the State of Florida could not prove the charges. The State agreed and declined to file any charges against the Defendant.
The Defendant was involved in a two car accident as a result of running a stop sign. The Defendant was uninjured but one of the passengers in the other vehicle was injured. The Defendant left the scene of the accident to retrieve his wallet. While the Defendant was gone, a police officer arrived to investigate the traffic crash. Because the Defendant had left the scene and one of the passengers was injured, the officer charged the Defendant with leaving the scene of an accident with injury to another, a third degree felony. Result: Due to an inconsistency with the ticket, the Defendant was not arraigned for over 197 days after he was charged. The firm filed a motion for discharge, which was granted.
The Defendant was involved in a minor traffic accident with a taxi cab. When the police officer arrived, he noticed that the defendant had slurred speech, bloodshot eyes, and smelled like alcohol. When questioned, the defendant admitted to drinking prior to the accident. He was asked to perform roadside exercises and he did so. According to the officer, he performed very poorly. The officer asked the defendant to provide a breath sample, but he refused. The attorney for the firm prepared the case for trial. The State dropped the DUI case.
The Defendant was on probation for Trafficking Oxycodone and Cultivation of Cannabis. He was charged with a DUI and was violated. The Firm was able to convince the State Attorney’s Office in the county where he was charged with DUI not to file the charges for Driving Under the Influence. The Defendant was facing a minimum mandatory sentence of 25 years in Florida State Prison if his probation was revoked. After a hearing with the Judge, the Firm convinced the court to reinstate the Defendant back on probation with no additional penalties.
An officer was flagged down by an unknown white male repeatedly activating his horn saying that a driver was “all over the road”. This person told the cop “he’s out of it and he’s gon’na kill someone.” The officer found the vehicle and witnessed it drift to the right striking the paved curb two times. The then went through the stop bar at a red light almost going through the intersection. It then idled into the intersection where it blocked traffic and then ultimately went through the red light. The vehicle then made a left turn from the far left lane into a Burger King parking lot and pulled sideways into a parking spot striking the yellow parking concrete bumper. The driver appeared lethargic and under the influence of an unknown substance. He smelled of alcohol and admitted to taking several unknown medications. When asked for his driver’s license, he said it was stolen. Another officer arrived on scene to conduct the DUI investigation. This officer immediately observed the defendant to be impaired and smell of alcohol. The defendant admitted to taking over 8 medications including Zoloft. The Defendant performed poorly on roadside tasks and was arrested. The Defendant pretended to be asleep upon arrival at the jail in the back of the patrol car. He would continuously slide off the chairs in the jail and lay down on the floor as if he was passed out. The Defendant refused to be on camera and stand on the yellow X in the BAT room. He said he cannot stand because of the medications he takes. He then refused to submit to a sample of his breath after being told that he would be suspended for 18 months for a second refusal. He told the officer that he did not need to answer questions because he has a really good lawyer and that he would be “seeing him in trial.” The Firm took the deposition of the arresting officer who agreed in deposition that he had ruled out alcohol as the substance impairing the Defendant and only believed it to be medications. The Firm pointed out to the State Attorney’s Office that they would be unable to establish a case for DUI because of the problem with establishing a controlled substance under Florida Law. They agreed and dismissed the charges for Driving Under the Influence.
The defendant was seen sleeping at the wheel of his vehicle by a civilan witness while at a traffic light. The officer responded to the scene, approached the vehicle, noticed that it was running and that the defendant’s foot was on the brake. The officer was unable to wake the defendant even by the use of his air horn on his vehicle or by the use of his emergency lights. The defendant would not wake up even when the officer shook him and screamed directly into his ear. When the Defendant finally woke up, he had slow and lethargic movements, a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted that he was arrested a few nights before this incident for another DUI. The defendant was asked to perform roadside sobriety exercises and did so poorly. He then submitted to a breath test that resulted in a reading of .191/.199 g/210L, more than two times the legal limit. All DUI charges were dropped by the State of Florida.
The Defendant was observed by a police officer squealing his tires and smoking them as well three times in Walmart Parking lot. In addition, he then pulled out onto the road and squealed them a fourth time. After being stopped, the Defendant was immediately handcuffed. After being handcuffed, the officer noticed that he smelled strongly of alcohol and immediately uttered “man I am sorry, I was just pissed because they would not accept my return on a recent purchase.” A DUI officer showed up and noticed his speech was slurred, his eyes were bloodshot and glassy and admitted he had drank three to four beers during dinner. He was also swaying while he was standing. He performed poorly on roadside exercises and was arrested. At the jail, he was told that if he refused a breath test he would lose his license for 18 months (since this was his second refusal). Additionally, he was told he would be charged with an additional misdemeanor. He refused to give a sample of his breath. The State Attorney’s Office initially filed charges and offered the defendant almost 2 months in jail to resolve the case. The Firm filed a motion arguing that the Defendant was initially arrested without an probable cause of criminal activity and set it for a hearing. The State Attorney’s Office agreed and dismissed the charges for Driving Under the Influence and Refusal to Submit to Chemical or Physical Testing.
The Defendant was observed by a police officer squealing his tires and smoking them as well three times in Walmart Parking lot. In addition, he then pulled out onto the road and squealed them a fourth time. After being stopped, the Defendant was immediately handcuffed. After being handcuffed, the officer noticed that he smelled strongly of alcohol and immediately uttered “man I am sorry, I was just pissed because they would not accept my return on a recent purchase.” A DUI officer showed up and noticed his speech was slurred, his eyes were bloodshot and glassy and admitted he had drank three to four beers during dinner. He was also swaying while he was standing. He performed poorly on roadside exercises and was arrested. At the jail, he was told that if he refused a breath test he would lose his license for 18 months (since this was his second refusal). Additionally, he was told he would be charged with an additional misdemeanor. He refused to give a sample of his breath. The State Attorney’s Office initially filed charges and offered the defendant almost 2 months in jail to resolve the case. The Firm filed a motion arguing that the Defendant was initially arrested without an probable cause of criminal activity and set it for a hearing. The State Attorney’s Office agreed and dismissed the charges for Driving Under the Influence and Refusal to Submit to Chemical or Physical Testing.
