Officers responded to a bar regarding a disturbance. Officer contacted the defendant inside his vehicle and noticed an odor of alcohol on the defendant's breath as well as glassy bloodshot eyes and slurred speech. Defendant made admissions that they drank alot of alcohol and was in the bar immediately before the officer made contact with them. The defendant refused a breath test. Case dismissed.
The defendant was charged with Driving While License Suspended. The probable cause for the stop was that client’s taillight was out. The firm requested pictures of the defendant’s vehicle and discovered that it could be argued that the defendant had the requisite number of visible taillights, as required by law, because the particular vehicle had more visible taillights than most vehicles. The firm then filed a motion to suppress the stop of defendant’s vehicle. The State agreed and dismissed all charges.
On January 19, 2011 the Defendant was stopped for traveling 72 mph in a posted 50 mph zone. Upon the Deputy making contact with the Defendant, he immediately noticed the strong odor of an alcoholic beverage. The Defendant’s eyes were also glassy and bloodshot. The Defendant admitted to drinking. The Defendant’s pupils were dilated and took up approximately 90% of his eye. The Deputy then requested the Defendant to perform field sobriety exercises which he initially agreed. The Defendant was unable to stand in the start position for the walk and turn test and decided he no longer wanted to perform the exercises. The Defendant was then arrested for DUI. The Defendant refused to provide a breath sample after being read Florida’s Implied Consent law. Result: The case was set for trial, but before the trial date, the DUI charge was dropped by the State.
On February 15 2011, the Defendant was observed traveling at a high rate of speed. His vehicle then made a sudden turn and the left front tire struck the curb. The vehicle completed the turn with the tires squealing through the rest of the turn. As the officer began following the defendant, he observed a cup being thrown out of the Defendant’s window. The officer then initiated a traffic stop. When asked why he threw the cup out of the window, the Defendant responded he knew he was not supposed to have an open container in the car. While speaking with the Defendant, the officer noticed that he had trouble answering basic questions and was slurring very badly. The officer also noticed a very strong odor of an alcoholic beverage coming from the Defendant’s breath. The officer asked if he could search the Defendant, which he agreed, and a glass pipe with marijuana residue was found in his front pocket. A DUI unit was called to the scene and requested the Defendant to perform field sobriety exercises. The Defendant refused to perform the exercises. The Defendant was then placed under arrest for DUI and requested to submit to a breath test. The Defendant refused the breath test as well. Result: Case was set for trial, the State dropped the DUI.
A Florida Trooper stopped the defendant and cited him for Reckless driving. The trooper alleged that the defendant accelerated rapidly from a toll plaza and cut another vehicle off. The firm’s attorney met with the Assistant State Attorney and convinced her that although the alleged driving pattern may be dangerous, it did not rise to the criminal level of reckless driving. The Assistant State Attorney dropped all criminal charges.
The police stopped the defendant’s vehicle based on his observation that the defendant was not wearing his seat belt. The police officer detected a strong odor of cannabis after making contact with the defendant and another passenger. The officer observed a glass pipe on the floor board. When the passenger opened his mouth, the officer observed cannabis inside of his mouth. The officer found 2 more pipes with charred cannabis underneath the seats of the vehicle. The defendant admitted that he knew that there was cannabis inside of the vehicle, and that the passenger was trying to swallow the drugs as the police were pulling them over. The Firm filed a motion to dismiss. The State agreed with the motion and all charges were dismissed.
The Defendant was stopped for traveling 60 miles per hour in a posted 40 mile per hour zone. She attempted to get out of her car and had to be warned to stay in. She had difficulty following requests for her documents and had an odor of alcohol, red glassy eyes and admitted to consuming alcohol from her work (where she was coming from). She also had slurred speech and was being argumentative. She was asked to step out of the car to perform roadside exercises. She was unable to maintain balance during the walk and turn, started before being told to, missed several heel to toe steps and had to stop and steady herself. She never counted out loud as instructed. She performed poorly on the one leg stand, finger to nose and then incorrectly recited the alphabet. She was arrested and transported to the Breath Facility where she had an extremely flushed face, droopy eyes and looked impaired. The Firm filed numerous motions including a motion to suppress for a lack of probable cause for arrest, a motion to exclude portions of the roadsides for the officer's failure to record all of it and a motion to exclude the alphabet task because of a constitutional violation. On the day of the hearing for the motions, the State of Florida dismissed the DUI charge.
The arresting officer witnessed the defendant making a turn that was too wide, crossing several lanes of traffic. While following her, the officer noticed that her vehicle was drifting across the lane of travel numerous times. As the car entered onto I-95, the car went to the top of the on ramp, then back down to the bottom, nearly driving into the grass. As the officer followed, the vehicle continued to drift. After conducting the traffic stop, the officer noticed the odor of alcohol on the driver’s breath, bloodshot/glassy eyes and a flushed complexion. An open container was found in the car, and the driver admitted to consuming 5 beers at a bar, in a 2 hour period of time. Roadside exercises were performed on video, and the officer had the opinion that the driver performed poorly. After being arrested, the driver was asked to submit to a breath test and she agreed. The results were .177, .170, more than twice the legal limit. The firm challenged the legality of the stop, detention and the arrest. The Court agreed with the defense and granted the motion, excluding all evidence in the case. As a result, the State dropped all charges!
The defendant was swerving all over the road according to a 911 caller. The Police arrived and noticed the defendant leave his lane two more times and pulled him over. When they approached the vehicle, the defendant rolled down his back window and attempted to speak through the closed front window. After correcting this problem, the officer noticed an odor of alcohol, bloodshot eyes and slurred speech. It also took the defendant two minutes to pull his driver\\\'s license out of his wallet. The officer requested that the defendant perform field sobriety exercises and he agreed. While performing the walk and turn, he stopped the exercise and said just take me to jail. He claimed that his hip, which had been was replaced 6 months prior was hurting. He refused to provide a breath sample. On the day of trial, the State dropped the DUI charge.
On February 15, 2011, the Defendant was involved in a traffic accident caused by another driver. The defendant’s driver’s license was suspended due to her Habitual Offender Status. She was charged with Third degree felony of Driving with a Suspended License as a Habitual Offender. At the plea conference our attorney were able to convince the State Attorney to drop all Felony Charges.
On February 15, 2011, the Defendant was involved in a traffic accident caused by another driver. The defendant’s driver’s license was suspended due to her Habitual Offender Status. She was charged with Third degree felony of Driving with a Suspended License as a Habitual Offender. At the plea conference our attorney were able to convince the State Attorney to drop all Felony Charges.
An Officer responded to a Mobil Gas station in reference to a call regarding a drunk driver. The clerk at the gas station notified 911 after a male subject operating a cream colored Mitsubishi was being aggressive towards other customers. The Defendant was allegedly sitting in the driver’s seat of his car while impaired according to the clerk. When the officers arrived, the car was on the northern side of the gas station with a flat left front tire. The Defendant came out of the business and identified himself. He immediately told the officer that he was “drunk” and “needed help.” He had bloodshot/watery eyes, an odor of alcohol coming from him and said that he struck a curb flattening his tire but didn’t know where. He was slurring his words and saying he was “so wrong”. Customers were complaining that the Defendant was cursing at them for not helping with the flat tire. The citizen said that the Defendant moved the car from one of the pumps to the place it was parked. During roadsides, the Defendant said that he “just can’t do this” and could not comprehend the officers due to his impairment. He was arrested for DUI and gave a breath sample of .229 and .247. The Firm filed a motion to suppress and submitted the motion with case law and a letter to case filing with the State Attorneys Office alleging that the Defendant was arrested without probable cause that he was in actual physical control of his vehicle. The State agreed and declined to file any charges against the Defendant.
