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.
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.
