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.
The Defendant was stopped for following to close. According to the officer, the defendant was 10 feet behind another vehicle while traveling at 45 mph. The officer approached the vehicle and smelled alcohol, and then noticed the defendant to have bloodshot eyes and slurred speech. He asked the defendant if he had been drinking and he stated that he had 3 drinks earlier at a friend's house. The officer requested that the defendant perform field sobriety exercises. According to the officer, the defendant performed poorly. He was then arrested and blew a .246 and .232. After almost 2 years, the Firm managed to get the case dismissed.
The Defendant was charged with Domestic Battery for an altercation that took place with her husband. She was allegedly extremely intoxicated at the time of the incident. The Defendant was on probation for Driving Under the Influence and a warrant was issued for her arrest to take her into custody without a bond. The Firm filed a motion to surrender her in court and the State agreed to release the Defendant without taking her into custody. After lengthy dealings with the State Attorney on the Domestic Battery case, the charges were ultimately not filed and the Violation of Probation was dismissed. The Defendant was terminated off probation successfully.
Defendant was stopped for speeding. After a delayed response to the deputy’s lights and siren, the defendant stopped the car. The defendant admitted drinking 2 beers and a shot liquor. The defendant was arrested, and refused a breath test. Acquitted of DUI by a jury.
On November 7th, 2010, an officer with the Palm Springs Police Department observed the Defendant’s vehicle swerving between the lanes of traffic. The vehicle moved to the left crossing the solid line and then corrected. The vehicle then crossed over the right side lane markers twice and corrected back to the lane. The vehicle then crossed in front of the path of another vehicle while making a U-Turn and the other vehicle had to slow down. As the officer got behind the defendant, he crossed over to the left driving along the lane markers and had to correct. The Defendant was stopped and the officer noticed an odor of alcohol. The Defendant admitted to drinking 2 beers. A DUI officer came to the scene and saw the Defendant had red, glossy eyes and continually told the same story over and over again about where he was going. His speech was slurred and he performed poorly on roadside exercises. When he was taken back to the jail, he gave two breath samples of .215 and .195. The Firm filed a motion to suppress arguing that the Officer stopped the Defendant without any reasonable suspicion of criminal activity. The video contradicted what the Officer had written in his reports. On the day of the hearing, after the State of Florida reviewed the motion and the video, they agreed and dismissed the charges for Driving Under the Influence.
On October 25, 2010 Florida Highway Patrol Trooper stopped a 1990 Pickup Truck being driven by the Defendant. The Trooper stated the stop was for faulty equipment. Upon making contact with the Defendant, the Trooper learned that the Defendant did not possess a valid Florida Driver’s License. The Defendant also had 4 prior offenses for driving without a valid license since 2003. The State Attorney’s Office made an initial plea offer to the Defendant of 30 days in jail. The firm filed a motion to suppress the evidence based on an illegal detention. Results: The case was Dismissed by the State.
On February 3, 2011, a Tampa Fire Department truck was on a call for service when it was parked on E. Kennedy Blvd. The flashers on the truck were activated and directional arrows were used to signal traffic around the vehicle. Two Tampa Fire Department employees while in the truck heard a loud crash and glass breaking. They looked up to see a truck with white lettering saying “Tire Buyers” driving by the parked emergency vehicle. The driver’s side mirror had been smashed by the passing vehicle. A Tampa Police officer tracked down the “Tire Buyers” vehicle and using the company’s GPS and driver logs identified the Defendant as the driver of the truck involved in the accident. The case was set for trial by the firm. Result: The State Dismissed the charge against the Defendant.
The Defendant was driving on Federal Highway when an officer heard music loudly coming from his car. The Defendant was pace clocked traveling 56 miles per hour in a 45 mile per hour zone for 4 blocks. After being stopped, the Defendant would not look at the officer without him being told to do so, but instead just stared straight ahead as the officer spoke to him. The officer noticed that the defendant smelled of alcohol and his speech was slurred. His eyes were glassy and bloodshot. The Defendant admitted to coming from O’Briens Bar in Boca Raton and that he had a couple beers within the last 2 hours. The Defendant performed poorly on roadside tasks and then was arrested where he refused a breath test. The Firm filed a motion to suppress arguing that the video depicts the officer approaching the Defendant traveling at a speed of 56 miles per hour. Additionally, the Firm filed a second motion which depicts the defendant performing well on the roadsides arguing that the officer lacked probable cause to arrest him. After receiving the motions, the State of Florida declined to file any charges against the defendant on the very next day.
On April 18, 2007, the Defendant was stopped for a routine traffic violation. Upon meeting with the Defendant, the Deputy learned that the Defendant did not have valid insurance. The Defendant was issued a criminal violation of knowingly providing invalid insurance. The Defendant did not set a courtdate as required for this type of citation so a warrant was issued for her arrest. The firm filed a motion to withdraw the warrant and set the case for trial. Result: The State Dismissed the charge against the Defendant.
On January 30, 2011 at 2:57 am, a Tampa Police Officer observed the Defendant driving on Kennedy Blvd. After following the Defendant for a short distance, the Officer initiated a traffic stop for weaving and drifting within her lane. Upon making contact, the officer noted a distinct odor of alcohol on the Defendant’s breath. The Defendant’s eyes were bloodshot and she had an unsteady appearance. Field sobriety exercises were performed unsatisfactorily and the Defendant was arrested for DUI. The Defendant provided a breath sample of .133 and .129. The firm filed a motion to suppress the breath test and field sobriety exercises based on an illegal detention. Result: Before the motion could be heard, the State dropped the DUI charge.
The Defendant was traveling 75 in a 45 mile per hour zone and sped past the officer who was traveling the speed limit. This was all captured on video. After being stopped, the Defendant was dazed and disoriented. His eyes were bloodshot and glassy and he had an obvious odor of alcohol coming from his mouth. He continued to make irrational statements as the officer spoke to him. His speech was slurred and started saying that someone with a loud exhaust pipe was playing with him. The Defendant handed the officer a Wachovia Bank credit card instead of his license, registration and insurance. First he said he had nothing to drink, then he said three beers and was trying to go home. When he got out of his car he was unsteady of his feet and had to hold the car for support. He stumbled where he was standing and then said “come on, I don’t want to refuse, just take me to jail.” He then said his attorney told him no and wasn’t playing this game and was continuing to slur his words. He kept putting his hands on his head and could not tell the officer where he even was. Additionally, he then said he did nothing wrong and began walking back to his car. He was arrested and began going into severe mood swings and had to be reminded of why he was arrested. He called the officer a “Skinhead” and other derogatory names. At the jail he was combative and violent in the holding cell to the point where he had to be restrained. The Firm carefully reviewed all of the documents and took sworn testimony from the arresting Officer. An affidavit was filled out alleging that the Defendant refused a breath test. The Defendant was never requested to take one. Additionally, after sworn testimony was taken, the arresting officer did a supplemental report changing his story from his original report and adding additional facts. After presenting all of this to the State Attorney, the DUI charge and Refusing to submit to the breath test were dismissed. Additionally, after an initial offer of over one year in prison, the Defendant was not convicted of any felony charges did not receive a day in jail.
The police were flagged down by a motorist indicating that a car had been stopped in the middle of an intersection for a lengthy period of time. When the officer pulled behind the defendant’s car and turned on his emergency lights, the defendant drove into the wrong lane and headed towards oncoming traffic. Four cars had to swerve out of the way to avoid a collision. When the officer made contact with the defendant, he noticed the odor of alcohol on his breath, his eyes were bloodshot and his speech was slurred. The defendant admitted to drinking 4 beers at a bar that he had left just prior to being pulled over. The defendant refused to perform the roadside exercises. The officer arrested him for DUI and brought him to the BAT facility for a breath test. While at the BAT, the defendant performed poorly on 3 sobriety exercises and refused to take the breath test on video. The firm took the case to trial and jury returned a verdict of Not Guilty.
