The Defendant was stopped for traveling 62 in a 45 mile per hour zone. The Defendant was stopped and the Officer noticed that he had bloodshot, red and glassy eyes. He also smelled an odor of alcohol coming from him. His movements were slow and so was his speech. He told the Officer he had consumed 1 to 2 alcoholic drinks about an hour ago. He was asked to perform roadside tasks where (according to the officer) he performed very poorly. He was arrested and taken to the breath facility where he was asked to submit a sample of his breath. He blew a .064 and a .067. The Firm sent a request to the Supervising Attorney of County Court requesting that the case not is filed due to the State's inability to prove the charges beyond a reasonable doubt. The Supervising attorney agreed on 10/26/11 and dropped the charges for Driving Under the Influence.
On June 1, 2011, at approximately 1:04 am, a Temple Terrace Police Officer was on duty and dispatched in reference to a battery that had just occurred. Upon arriving on the scene, the Officer observed a vehicle stopped in front of the residence. As he approached the vehicle, another officer advised him that the front seat passenger was involved in the battery. The Officer was also advised that the vehicle had attempted to leave the residence upon his arrival. At that time, the officer approached the driver side of the vehicle and made contact with the driver, the Defendant. Upon making contact, the Officer observed that the vehicle was running and in gear. The officer advised the Defendant to place the vehicle in park and give him the keys. As the Officer spoke to the Defendant he observed that her eyes were glassy, watery and bloodshot. Her speech was slurred and thick-tongued, and her movements appeared slow and lethargic. He also detected a strong odor of alcohol emanating from her breath. At that point, the Officer repositioned his vehicle in order to record the incident and placed a piece of duct tape on the flat level ground in front of the patrol vehicle for use in field sobriety exercises. The Officer then made contact with the Defendant and advised her to exit her vehicle and walk to the front of his vehicle. As the Defendant exited the vehicle, she appeared to be unsteady. Once out of the vehicle and on her feet, she appeared to sway from side to side and from front to back. The officer requested the Defendant to perform field sobriety exercises, which she consented. The field sobriety exercises were explained and demonstrated to the Defendant. After the Defendant performed poorly on the field sobriety exercises, she was placed under arrest for DUI. The Officer read her Florida’s Implied Consent law and requested a breath sample. The Defendant refused to provide a breath sample. A check of the Defendant’s driving history showed a prior conviction for DUI in February 2010. Results: The firm filed a motion to suppress based on an illegal detention of the Defendant. On the date the motion was to be heard, the State Attorney dropped the DUI charge.
The police observed the defendant crash into a raised median. The car continued to drive, changing lanes frequently without signaling. Both driver’s side tires were flat and the defendant was driving on the rims. When the officer pulled the defendant over, he noticed the odor of alcohol on his breath, and his eyes were bloodshot and glassy. The defendant indicated he had been out drinking with some co-workers. When the defendant got out of his car, he had to lean on the car to keep from falling. The officer asked him to perform roadside exercises, and the defendant performed poorly on each. The defendant took a breath test and the results were .145 and .153 (almost twice the legal limit). The firm investigated his case and prepared for trial. On the day of trial, the State dropped the DUI charge.
The defendant struck a vehicle inside a parking garage and proceeded to drive to a different area of the garage to park his vehicle. Shortly after, the defendant left the area on foot. A witness saw what happened and photographed the Defendant’s car. The witness contacted police. When the police arrived, the defendant was returning to his vehicle. He was charged with Leaving the Scene of an Accident. The firm investigated the case and announced ready for trial. On the day of trial, the State dismissed all charges.
The Defendant was seen creating a wake in a no wake zone near other boats and people swimming in the water on Peanut Island. After being stopped and told to put the boat in neutral, the Defendant appeared confused. He was slurring his speech and had 13 people on his 37-foot boat with him. The Defendant had glassy, bloodshot eyes and an odor of alcohol coming from him. He was told to come onto the Police Officer's boat where the Officer checked his eyes. The Defendant was then transported to the land where he consented to roadside tasks. He was instructed to take 9 steps up and 9 steps back on the walk and turn. The Defendant took 15 steps up and turned around and said he was done. He never counted out loud. The Defendant was told to put his finger on his nose on each command and bring his hand right back down to his side. On each command, the Defendant just held his finger on his nose even though the officer told him not to do that. The Defendant could not get past the letter K on the alphabet task. He was arrested and transported to the Breath Facility where he refused to submit to a breath test. The Firm filed a motion to suppress arguing that the Defendant was "in custody" when he was transported to the land and, therefore, had to be read his Miranda Warnings prior to being questioned and administered the alphabet task. The State reviewed the motion and on the day of trial dismissed the charge for Boating Under the Influence.
The Defendant was stopped for driving 54 in a 35 mile per hour zone. The officer noticed an odor of alcohol and the defendant admitted to drinking. Additionally, the Defendant did not immediately pull over when the officer attempted to stop the Defendant. A DUI officer arrived on scene and saw that the defendant's eyes were bloodshot and glassy and had an odor of alcohol coming from him. The Defendant was asked to step out of the car where he slipped and lost his balance. He said he was drinking and did not know why he was stopped. His speech was slurred and performed very poorly on roadsides. He was taken to the breath alcohol testing facility where he refused to submit to a test of his breath. On camera, he told the officer he could feel the effects of the alcohol that he drank. The Firm took the deposition of the stopping officer and subsequently filed a motion to suppress arguing that the first officer had no right to call for a DUI unit. The State agreed and dropped the DUI charge on the day of the motion to suppress.
The Defendant was driving in Ocala, FL. where he made a U-Turn on a solid green light. The Defendant made the U-turn into the oncoming path of a car, a truck, and a police officer. The truck had to come to a complete stop and the car and police officer had to break heavily to avoid a collision with the Defendant's vehicle. The car slowed and missed the defendant's vehicle by less than 5 feet. The Defendant was stopped by the officer and seemed slow in comprehending the reason for the stop. He admitted that he had been drinking and had trouble following directions during an initial nystagmus task. A DUI officer arrived and asked the Defendant out of the car. The Defendant had to use the car for support when getting out. During the one-leg stand, the defendant used his arms to balance himself and swayed while standing. He counted to 9 and then started over contrary to the instructions. During the walk and turn, he could not maintain his balance and failed to touch heel to toe on any step. He stepped off the line to regain his balance and took the wrong number of steps. The Defendant was arrested and taken to the jail where he blew a .081 and .082. He admitted to being at a party and drinking 4 Coronas. The Firm filed numerous motions, one of which was to throw out all of the evidence due to the officer not having probable cause to arrest for DUI. A review of the videos contradicted the Officers sworn reports. On the day of the pre-trial conference, the State of Florida dismissed the DUI charge.
The defendant was riding as a passenger in a truck carrying hazardous material. The driver, who possessed a valid driver license with the appropriate class to haul such material, became extremely ill. Perhaps choosing the better of two evils, the driver instructed our client to drive the truck instead of leaving the hazardous material on the side of the road in a perilous position. Soon after taking the wheel, our client was pulled over by a Florida Department of Transportation Officer and cited with being in violation of his driver license class. Although our client was in technical violation of the statute, the Firm’s Treasure Coast Attorney was able to persuade the prosecutor to dismiss all charges.
The police stopped the Defendant after observing him run a stop sign at a high rate of speed. As soon as the Defendant stopped, he exited his car and dropped his keys on the ground. The Defendant had a difficult time locating his driver’s license. According to the officer, the Defendant seemed unsteady on his feet, had glassy, blood shot eyes and his breath smelled like alcohol. The officer requested that the Defendant perform roadside exercises, which he refused to do. He was arrested for DUI. The Defendant told the officer that he could not be faulted for going out and celebrating the death of Osama Bin Laden. A cup filled with what appeared to be alcohol was found inside of the vehicle. The Defendant also refused to submit to a breath test. The attorney for the firm prepared the case for trial. On the day of trial, the State dropped the DUI charge.
The Defendant was observed at 4:45 a.m. reclining in the driver's seat of his vehicle with the engine running. A police officer approached him and made contact. The Defendant exited the vehicle, where the officer noticed bloodshot eyes, flushed face, slurred speech and the strong smell of alcohol on his breath. The Defendant was asked to do roadside exercises but continued to yell that he wanted a lawyer repeatedly. The Defendant refused the breathalyzer. He was arrested for DUI. The Firm filed a motion to suppress the detention of the Defendant. On the day of the motion, the State dropped the DUI.
The defendant was seen accelerating rapidly from a traffic light. The officer followed the vehicle and saw it drifting to the right. The officer then witnessed the defendant drive with both right tires in the gutter. The officer estimated the speed of the defendant to be about 60 mph in a 40 mph zone. After the defendant was stopped, he performed field sobriety exercises poorly and was arrested. He provided a breath sample of .189 and .192. The firm filed a motion to suppress the stop of the vehicle and on the day the motion was to be heard, the State dropped the DUI charge.
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.
