The Defendant was charged with driving on a suspended license. There was no factual basis for the stop of the vehicle and the Firm filed a motion to suppress the evidence in the case. The State dismissed all charges before the motion was even argued.
The Defendant was found passed out in her own vomit inside her car. The car was in a parking lot, but was in a travel lane in which a person would try to find a parking space and was on an angle. The car’s lights were on and the engine was running, but was in park. The officer repeatedly knocked on the car’s window in an effort to wake the Defendant. Eventually, the officer, concerned for the Defendant’s well being, opened the car door and smelled the pungent smell of alcohol saw the Defendant’s vomit all over the driver’s area of the car. The Defendant’s head was resting against the steering wheel; her feet were on the floor of the car; her hands were hanging by her sides and she was clearly passed out due to alcohol. The officer removed the keys from the vehicle and called for BSO Task Force. The DUI investigator made the exact same observations as the first responding officer in addition to those of slurred incoherent speech; disorientation to place and time and extreme unsteadiness. The Defendant was asked out of the vehicle and was extremely unsteady on her feet. The Defendant told the DUI investigator that she was in Delray Beach even though she was in Fort Lauderdale. The Defendant admitted to consuming vodka drinks and had no idea how she even arrived at that location. The Defendant was then asked to perform roadside sobriety exercises, but could not come close to doing them due to the degree of her impairment. The exercises were stopped and the Defendant was arrested for DUI. The Defendant then refused a breath test. The Defendant was found NOT GUILTY after a two day jury trial.
The Defendant was charged with Fleeing & Eluding a law enforcement officer. A felony conviction on such a charge would carry a mandatory one year license suspension along with all the negative consequences of being a convicted felon. The police alleged that the defendant after being directed to pull over yelled obscenities at the police and then recklessly drove off almost hitting pedestrians. The firm argued that this did not make sense as the defendant was stopped by the same officer almost 20 minutes ago for the same non-moving violation of having his music too loud. The State refused to drop the charges and the Firm set the case for a jury trial. On the day of the jury trial, the state dropped the Felony Fleeing and Eluding.
The defendant was charged with DUI and gave a breath sample over the legal limit. The officer’s alleged that the defendant was speeding but weren’t sure of the speed and that his tag light was out but were not sure of the distance at which they had noticed it was out. The firm filed a motion to suppress the evidence in this case based upon an unconstitutional stop of the vehicle. The State dismissed all charges at the hearing on the motion to suppress.
The defendant was stopped by police for making an illegal u-turn. Upon making contact with the Defendant, the police officer indicated he could smell cannabis in the car and saw a green leafy substance in plain sight. The Defendant was arrested for possession of cannabis. The firm was able to convince the State to allow the defendant into a program to address his drug abuse issues. After completion of the program, the firm was able to get the charge dismissed.
The Defendant was involved in a traffic accident where she rear ended another vehicle. Upon making contact with the Defendant, the police officer noticed blood shot eyes and the smell of alcohol on her breath. The Defendant refused to perform roadside exercises, and also refused the breathalyzer. The officer noted in his report that she was unsteady on her feet and was swaying. The firm filed a motion to suppress the refusal to do exercises and the breathalyzer. The State conceded the motion but still insisted on going forward. The firm announced ready for trial. On the day of trial, the State dropped the DUI charges.
The Defendant was pulled over for not having his headlights on, weaving from lane to lane, and traveling 10 mph in a 45 mph zone. The officers observed that the defendant was staggering while walking, had bloodshot eyes, an odor of alcohol on his breath, and slurred speech. The defendant admitted to having 3 Long Island Ice Teas. Based on these observations, the officers requested that the defendant performs field sobriety exercises. According to the officers, the defendant failed and was arrested. At the breath testing center, the defendant blew a .069 and .071. Based on the facts of the case, the prosecutor dropped the DUI on the day of trial.
The Defendant was stopped for traveling 69 mph in a 50 mph zone. The Defendant was very slow to respond to the emergency lights when activated by the Deputy. Upon making contact with the defendant, the Deputy noted red, watery eyes, slurred speech, and an odor of an alcoholic beverage on the Defendant’s breath. The Defendant denied having anything to drink. The Defendant then admitted that he had consumed 1 beer. The Defendant was asked to perform field sobriety exercises which he agreed to do. On the walk and turn exercise, the Defendant could not maintain his balance in the start position and kept beginning prior to being instructed to. The Defendant did not touch heel to toe and took the wrong number of steps. On the One Leg Stand, the Defendant could not keep his foot in the air for more than 2 seconds before putting it down. While on one leg, the Defendant would sway and could not keep his balance. The Defendant was placed under arrest for felony DUI based on previously being convicted of DUI in 1981, 1988 and 1990. The Defendant was requested to submit to a breath test, which he refused. Because the Defendant had previously refused a breath test, he was charged with the separate misdemeanor charge of Second Refusal to Submit to Breath test. Results: The Firm was able to convince the State to drop the DUI charge.
This DUI case involved an Officer who stopped the defendant for going too slow and having a vehicle that was stalling out. Once stopped the officer stated that he noticed the smell of alcohol, and asked the defendant to perform roadside sobriety exercises. The officer then requested that the defendant submit to a blood draw to determine his blood alcohol content. The defendant was then charged with Driving Under the Influence. After a motion to dismiss was filed the State Attorney agreed to drop all charges.
The Defendant was charged with Driving While License Suspended – 3rd Offense (3rd Degree Felony). After reviewing the defendant's driving record and noticing conflicts, our attorney filed a Motion to Mitigate Sentencing. Before this Motion was heard, The State of Florida dropped charges against the defendant.
The Defendant was witnessed by an officer around 2:45 a.m. accelerating at a high rate of speed through the intersection almost striking the vehicle in front of the officer causing that vehicle to slam on its brakes. The Defendant then continued accelerating and crossed over three lanes of traffic and then almost caused another collision. The vehicle that the Defendant almost hit had to swerve out of the way to keep away from the Defendant’s vehicle. The Defendant was stopped and the officer noticed the defendant had slurred speech and an odor of alcohol coming from his breath. Another officer arrived to conduct a DUI investigation. The Defendant stated he had not consumed any alcohol and then later changed his story to “1” drink. The Defendant performed poorly on roadside tasks and was arrested for DUI. After being requested to submit to a breath sample, the Defendant refused. The Firm pointed out numerous problems with the State’s case including issues regarding the Defendant’s Miranda rights being violated on scene. Additionally, the officers made numerous expressions and gestures indicating their own doubt about the Defendant’s impairment. After convincing the State of Florida that the case was not strong enough to prove beyond a reasonable doubt, the DUI charge was dismissed.
A police officer on foot patrol heard the loud music coming from the Defendant’s vehicle and ordered him to stop. The officer noticed a strong odor of alcohol on the defendant. A DUI enforcement officer was called to the scene and instructed the Defendant to perform the field sobriety tests performed poorly on the tests and was arrested. Defense counsel prepared a legal documents to Suppress the stop by the initial officer. The DUI charge was dismissed
