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.
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.
