The Defendant was pulled over after a police officer observed him swerve over the line multiple times and enter into the bike path. The officer indicated that if anyone had been in the bike lane, they would have been hit. When the officer came into contact with the defendant, he smelled alcohol on his breath and noticed that his eyes were bloodshot and watery. The officer requested that the defendant performs roadside exercises. The defendant performed very poorly on each of the exercises. The defendant also admitted to drinking several beers prior to driving. The attorney for the firm filed and argued a motion to suppress the stop of the vehicle. The judge granted the motion to suppress, and the State dropped the DUI case against the defendant.
On June 10, 2011, the Defendant was stopped on I-75 for speeding. Upon making contact with the driver, the Deputy learned that the Defendant did not have a valid license. The Defendant had been convicted of driving on an expired license in 2007, 2008 and in April of 2011. The Deputy arrested the Defendant for driving while license suspended, canceled or revoked. Results: The case was set for trial and on the day the trial was set to begin, the state dismissed the charge.
On April 11, 2011, a Tampa Police Officer was sitting at the red traffic signal on E. Busch Blvd and N. 30th St in the inside left turn lane. The officer observed a green 4-door Lincoln Navigator traveling west on Busch BLvd. The driver was not wearing a seat belt. The driver of the vehicle produced a FL driver’s license which was suspended. The officer cited the driver with Driving while license suspended with knowledge and failure to wear the seat belt. Results: The case was set for trial and on the day of trial, the officer was shown a picture of the listed Defendant and his brother. The officer was unable to positively identify which of the individuals was driving the vehicle back in April. Based on that, the State dismissed the case before the trial began.
On June 18th at approximately 2:56 am, a Hillsborough County Sheriff Deputy observed a tan pick-up truck driving westbound on Fletcher Ave. He observed the vehicle swerve to the right side of its lane, then immediately back to the left and then immediately swerve back to the right side of its lane. Then both passenger side tires completely crossed the outside line. The Deputy next observed the vehicle entering the right turn lane, then swerved back into the westbound lane and increase its speed. The Deputy then initiated a traffic stop and made contact with the driver, the Defendant. The Deputy observed the Defendant's eyes be watery, his speech was slurred, and there was a distinct odor of alcohol on his breath. The Deputy requested the Defendant perform field sobriety exercises, which he did poorly. On the walk and turn exercise, the Defendant was unable to remain in the start position, used his arms for balance, had to stop to steady himself and took the incorrect number of steps. On the Rhomberg alphabet exercise, the Defendant swayed back and forth as well as side to side. The Defendant did not recite the alphabet correctly. The Defendant was then arrested for DUI. He refused to submit to a breath test. Result: The firm filed a motion to suppress and on the day the motion was set to be heard, the State dropped the DUI charge.
The Defendant was found to be in Royal Palm Beach after the Joint PBSO Task force was tipped off that he was there with outstanding warrants from Tampa for Armed Robbery. When the Officers got to the business, the Defendant was seen walking out of one of the car bays and walked into a different one. One of the Officers witnessed the Defendant take a firearm out of his pants and place it in a fridge. After leaving that car bay, the Officers ordered the Defendant to the ground. After he refused, he was taken to the ground by one of the officers. The Defendant resisted and at one point punched one of the officers in the leg. Eventually, the K-9 on scene was released and helped get the Defendant under control by biting the Defendant. After being arrested, the Defendant’s keys were found in his pocket to a Van. The Officers secured a search warrant for the van where 84 grams of marijuana was found on the passenger floorboard. The Defendant was arrested for the outstanding warrants and charged with Possession of Marijuana with Intent to Sell, Carrying a Concealed Firearm and Resisting Arrest With Violence. The Firm was able to convince the State of Florida that the Van was not the Defendant's and he therefore could not have known about the marijuana. The State agreed and declined to file those charges. The Firm pointed out discrepancies in the police reports regarding the Resisting charge. Finally, after lengthy negotiations with the State of Florida, all of the State criminal charges were dismissed against the Defendant.
The defendant was stopped by police because the officer believed that the vehicle looked suspicious. The car was in an area that had recently had a number of burglaries. The vehicle was stopped in the middle of an apartment parking lot, not in a legal parking space. The officer approached and determined that the defendant was driving on a suspended license. Because this was his third offense within five years, the defendant was looking at possibly having his license revoked for a period of five years. The firm prepared his case and filed a motion to suppress the stop of his vehicle. The Judge granted the defense motion. The State dismissed the case with no negative consequences for the defendant.
The Defendant was driving on a 2 lane road. He came upon 2 police cars in the right lane with their flashing lights on. As the defendant reached the police cars, an officer stepped out of the vehicle a motioned for him to stop. The officer also stated that he looked directly at the defendant and yelled stop. The defendant proceeded to drive and about 3 mph and kept on going. The officer claimed to hold up his hand and yell stop a second time. The defendant continued driving. He was pulled over a few miles down the road and arrested for failure to obey a lawful command. At trial, the officer's testimony was inconsistent with his report and our client was found NOT GUILTY.
On July 6, 2011, a Tampa Police Officer was traveling northbound on Howard Avenue just south of I-275. At approximately 4 am, he noticed the defendant traveling in the inside left lane. The officer saw the defendant almost rear end another vehicle at a red light. After the light turned green, both the officer and Defendant continued under I-275 where the Defendant made a wide left turn onto Green Street. As the Defendant approached Green Street and Armenia Avenue, the Defendant proceeded straight through the left turn only lane. The officer initiated a traffic stop for this infraction. Once the officer came into contact with the Defendant, the Defendant spoke with slurred speech. There was also a distinct odor of alcoholic beverage coming from the vehicle. The Defendant’s eyes were bloodshot/watery and glassy. The Officer asked the Defendant to perform field sobriety exercises. The Defendant performed the HGN eye test, the walk and turn test, and the one leg stand test. All 3 tests showed multiple clues of impairment. The Defendant was arrested for DUI and transported to central breath testing. Once at booking the Defendant was advised of Florida’s Implied Consent Law. The Defendant still refused to provide a breath sample. The officer issued a 1 year suspension of the Defendant’s license for refusing to submit to a breath test. On July 15, 2011 The Defendant was stopped by Tampa Police and cited for Driving While License Suspended with Knowledge. The suspension was a result of the Defendant’s refusal to submit to a breath test. Results: The State dropped the DUI charge before trial and dismissed the Driving while license suspended with knowledge charge.
The Defendant was stopped in a left hand turn lane way behind the stop bar. An officer was behind him with her camera activated on her way to another call. The Defendant did not move when the light turned green. The officer hit her spotlight, activated her emergency lights and sirens and eventually had to get out of her car and approach the Defendant’s vehicle. The Defendant slumped forward in his vehicle and completely passed out. The doors were locked and the officer was banging on the window of the car for two minutes with her mag light and knocking as well. She was attempting to wake up the Defendant. When he finally came to, he was bobbling his head around and looked at the Officer. He made a sad pouty face and started moving forward like he was going to drive away. The Officer (on video), ran back to her car and the Defendant pulled up to the green arrow and stopped. Once the light turned red, the Defendant ran the red light. The Officer had her emergency lights activated as she followed the Defendant. He failed to stop at 3 places where he could have pulled over and finally pulled over. He was ordered to step out of the car and stumbled for a second or two. He had a strong odor of alcohol coming from his breath, his speech was slurred and his eyes were glassy and bloodshot. According to the stopping officer, he tried to get away at one point and said or did something that made her feel that he needed to be held in the back of her patrol car until the DUI unit arrived. When the DUI unit arrived, the Defendant was asked to submit to roadsides which he refused. He was arrested and taken to the Breath Facility where he refused to submit to a sample of his breath after being advised his license would be suspended for one year. The case went to trial in front of a jury. The Firm pointed out all of the inconsistent statements made by the stopping officer in her sworn deposition and her in court testimony. Additionally, the arresting officer made multiple statements on cross-examination which conflicted with the stopping officer’s testimony. The Defendant testified that he had played 36 holes of golf that day for business purposes and that he had drunk a minimal amount. He further testified that he was physically exhausted from the day and that he had fallen asleep behind the wheel from the day and not from alcohol impairment. The jury found the Defendant not guilty of Driving Under the Influence.
The Defendant was driving on High Ridge Road in Boynton Beach when her vehicle left the road and crashed into a concrete wall. A husband and wife watching tv in their home ran out to the car to render aid. The Defendant was trapped under her steering wheel and bleeding heavily from her face. She was not wearing her seat belt and had smashed her head into the windshield. She told the female witness that she had been drinking and the witness could smell alcohol on her breath. When officers arrived, the Defendant was taken as a trauma alert to the Delray Beach Medical Center. An Officer with the Boynton Beach Police Department came to the hospital and read the Defendant her Miranda warnings and told her he was conducting a DUI investigation. She told him that she was speeding and in a hurry and that she doesn't remember the crash. She also said she had been drinking wine. She consented to a blood test which yielded results of .109. Additionally, a medical blood test was taken which yielded results of a .101. The Firm moved to suppress the blood test due to the fact that it was requested by the officer based upon an odor of alcohol alone and a crash. Additionally, the officer who came to the hospital to question the Defendant had been charged with a violent crime and was being prosecuted by the State Attorney's Office. The State agreed to the motion and then attempted to proceed with the medical blood test of a .101. The Firm then demanded a speedy trial and discussed potential problems with the medical blood test with the State Attorney's Office. On the day of trial, the State dismissed the charge for Driving Under the Influence.
The Defendant was stopped for an expired tag while he was pulling a boat on a trailer. The Officer noticed an odor of alcohol and he had glassy eyes. The DUI officer noticed the same observations but also that his speech was slurred. The Defendant initially said he had 3 beers and then later to 5 beers. He said that his friends were drunk and he was only wearing shorts with no shirt on. He agreed to perform roadside exercises which he performed poorly. During the alphabet task, he said "HIJ LMNO QSOVXY". The Defendant was arrested for DUI and taken to the Breath Alcohol Testing facility where he refused to give a sample of his breath. The firm was able to convince the State of Florida that they could not prove a DUI beyond a reasonable doubt as the video evidence was contradictory to the Officer's reports. The State of Florida dropped the charges for Driving Under the Influence the week prior to the trial.
The Defendant was driving at a high rate of speed when she took a turn and crashed her vehicle. The Defendant said she was run off the road from her boyfriend. She then said that her boyfriend struck her vehicle. She also could not state what road she was on and kept saying she was on 4th or 28th street. Additionally, she had a strong odor of alcohol coming from her breath and her eyes were red and glassy. Her speech was slurred and her face was red and flushed. She was swaying back and forth as she was standing there and had a green wristband on from the Dubliner (a bar in Boca Raton). An independent witness told the officer that he witnessed the Defendant driving at a high rate of speed and crash her car. He said that there were no other cars around and nobody ran her off the road. The right front tire and the left front tire was bent out completely and there were tire marks on the median. After being read her rights she refused to do roadside tasks and admitted to being on Zoloft, Prozac, and Ambien. She admitted to having 2 Tequila Sunrises at The Dubliner. She also stated that she had domestic problems at her house. She was arrested and then refused to submit to a sample of her breath. The Firm was prepared to file numerous motions to which the State agreed. The State agreed that if this was not considered a crash under Florida Law, no officer saw her behind the wheel of her car. However, the State also agreed that the Defendant invoked her right to remain silent and no statements were admissible if the State were to proceed to trial. Additionally, parts of the report were inconsistent with the roadside videos. The State dropped the charges the week before trial.
