DUI & Criminal Division

RECENT COURT VICTORIES

To protect our clients privacy, incomplete case numbers are provided.

Case Summary

Date: 07/13/2012
Case #: 2XXX284XXX1-5 NO CONVICTION AS CHARGED
Charge: Violation of Probation for Trafficking Oxycodone and Cultivation of Cannabis
Uncategorized
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 The Defendant was facing a minimum mandatory sentence of 25 years in Florida State Prison if his probation was revoked.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.

Case Summary

Date: 07/10/2012
Case #: 2XXXCTXXX6XX9AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 07/10/2012
Case #: 97-2XX863XXXM10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 07/09/2012
Case #: 2XXXCXXX51XXAXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 07/09/2012
Case #: 2XXXCXXX51XXAXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 03/29/2012
Case #: 07-02XXXX0XXM10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was stopped by a sheriff’s deputy for having tint too dark and weaving repeatedly while on Oakland Park Boulevard. Upon stopping the defendant, the Deputy noticed the defendant to have an odor of alcoholic beverage, bloodshot watery eyes, and slurred speech and was clearly unsteady on his feet. The defendant then participated in roadside exercises and performed poorly. The defendant then refused a breath test and was arrested for DUI. After a jury was selected, the State dropped all DUI charges.

Case Summary

Date: 03/29/2012
Case #: A0****P
Charge: DUI
Uncategorized

Case Summary

Date: 03/26/2012
Case #: 20XXCXX4XX3 NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was charged with DUI and five additional traffic citations. The officer alleged that the client was driving down a road without his lights on, at 20 miles per hour over the speed limit and then jerked his vehicle into oncoming traffic. The State attorney was offering jail time on the case so the Firm set the case for trial. On the day of trial the firm illustrated to the State that the video in this case was inconsistent with the officer’s report. As a result the State agreed to drop the DUI charge.

Case Summary

Date: 03/10/2012
Case #: 20XXXXTXXX66 NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
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.

Case Summary

Date: 03/08/2012
Case #: 14XXXX5XdXXXX No Conviction as Charged
Charge: Possession of Cannabis / Drug Paraphernalia
According to the police, they came into contact with the Defendant and smelled the odor of cannabis. They eventually arrested the Defendant for Possession Cannabis. The attorney for the firm investigated the case, and was able to get the Defendant into a program for first time offenders. Upon completion of the program, the attorney for the firm was able to get the prosecutor to drop the case completely.

Case Summary

Date: 02/16/2012
Case #: 200X-CXXT-3XXX59 NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was observed driving the wrong way. When the officer got behind the defendant, he observed him drive over a concrete median. The officer then pulled the defendant over. When he approached the vehicle, he noticed the defendant was fumbling with his wallet, and had an odor of alcohol, and was slurring his speech. The officer requested that the defendant perform field sobriety exercises, but he refused. He also refused to provide a breath sample. The officer arrested the defendant and took him to jail. After hearing 2 motions, the state dropped the DUI charge.

Case Summary

Date: 02/15/2012
Case #: 140XXX3XMXXXX No Conviction As Charged
Charge: Possession of Cannabis / Drug Paraphernalia
Uncategorized
According to the police, they came into contact with the Defendant and smelled the odor of cannabis. They eventually arrested the Defendant for Possession Cannabis. The attorney for the firm investigated the case, and was able to get the Defendant into a program for first time offenders. Upon completion of the program, the attorney for the firm was able to get the prosecutor to drop the case completely.
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Rolando A. Sanchez, Esq.

Originally from Miami , grew up in Central Florida.  After high school, he joined the U.S. Air Force where he worked on F-15E fighter jets as an Avionics Technician.  He was Honorably Discharged. Afterwards, he attended University of Central Florida and received a BSBA Finance Degree, cum laude.  Next, he attended Barry University for law school and among other things, served as V.P. of the Veterans Legal Society.  Since graduating in 2016, Mr. Sanchez has dedicated his career to helping those charged with criminal matters.  These cases include traffic, misdemeanors and felonies, including trials and post-conviction relief. Mr. Sanchez is the lead attorney in Ticket Clinic’s Kissimmee office, handling cases in Osceola, Polk, Hardee and Desoto Counties.