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.
On July 26, 2010, the Defendant was driving home and crashed into a vehicle that was parked behind another vehicle that was being loaded onto a flatbed truck. The Defendant exited his vehicle and ran off to his home that was only a short distance away. Witnesses were brought from the scene to the Defendant’s home and identified the Defendant as the driver who was involved in and caused the crash. Other persons at the scene of the crash, were severely injured. Based on the firm’s investigation of the case, the state dropped all charges.
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.
The defendant was traveling at a high rate of speed. He pulled behind a marked Broward Sheriff’s Office vehicle that had its emergency lights activated. He exited his vehicle, but forgot to put it into park. His car rolled forward striking the police car and causing damage. The police officer made contact with the defendant and noticed that he had trouble maintaining his balance and had the odor of an alcoholic beverage on his breath. The defendant admitted to having 2 or 3 beers, and his blood alcohol content was over the legal limit. This was the defendant’s second arrest for DUI. The Firm developed defenses and prepared for trial. Less than a week before trial, the State dropped all charges relating to the DUI.
The Defendant was charged with Petit Theft and Resisting an Officer Without Violence while on probation for DUI. In addition, the Defendant was alleged to have not completed her community service hours and not paying certain fees in a timely fashion. A warrant was issued for the defendant's arrest with a “no bond hold”. After lengthy negotiations with the State Attorney's Office, the Firm surrendered the Defendant in open court and she was released without having to turn herself into jail pending the outcome of the violation. The Firm had lengthy discussions with the State Attorney regarding medical defenses to the charged crimes of Petit Theft and Resisting Arrest Without Violence. After resetting the court dates for the new charges and the violation of probation, the State Attorney agreed to dismiss the affidavit for violation of probation and drop all the pending criminal charges against the Defendant.
