The Defendant was stopped for going 89 mph in a 50 mph zone. After the Deputy stopped the Defendant, he noticed an odor of alcohol, bloodshot eyes and slurred speech. The Defendant admitted to drinking several beers. A DUI officer arrived to conduct a DUI investigation. The Defendant performed several field sobriety exercises unsatisfactorily and was arrested. The Defendant then provided breath samples of .129 and .125. Jury’s verdict: Not Guilty
A Stuart Police Officer initiated a traffic stop on the defendant. The officer arrested the defendant for failing to register a trailer that he was towing. After hiring The Ticket Clinic, the Firm’s Treasure Coast Attorney researched the facts and determined the apparatus towed by the defendant was actually considered a “tow dolly” and not a “trailer” as defined by Florida Law. Unlike a trailer, a tow dolly is not required to be registered in the State of Florida; therefore, the arrest was not valid. The Prosecution dropped all charges based on this research.
The defendant was on his way home in the early hours of the morning and was involved in a traffic crash that resulted in a passenger in the other vehicle being thrown from the bed of a pick-up truck. That passenger suffered serious injuries to his back and neck. Law enforcement was called to the accident scene and witnessed the defendant walking away from the scene of the accident in an effort “to call a tow truck”. Upon making contact with the defendant, law enforcement noticed only the odor of an alcoholic beverage. Thereafter, the Defendant was detained and was administered roadside sobriety exercises. The Defendant performed poorly during the roadside sobriety exercises and stated that they were “hard”. The Defendant was arrested for DUI and was requested to submit to a breath and urine test, which he refused. The Defendant was charged with felony charges arising out of this incident and based on our investigation into the request for breath and urine test and into the probable cause determination to do roadside exercises, charges all were dropped.
The defendant was charged with driving on a suspended license. The defendant’s license was suspended for DUI and a drug conviction suspension. The State’s offer to resolve the case was jail time. The firm filed a motion to suppress the identity of the defendant as a result of a defective traffic stop. All charges were dismissed.
The Defendant was clocked going 75 mph in a 55 mph zone on Southern Boulevard. After being stopped, the Officer noticed he smelled alcohol on the Defendant’s breath, his eyes were bloodshot and glassy and his speech was slightly slurred. In addition, he was fumbling through his wallet looking for his documents. After he couldn’t find them, he told the officer he must have left his license with his credit card at the bar he was at and where he consumed some drinks. The officer asked him to step out of the car and he stumbled forward. He told the cop that “he was sorry” and that he “was not drunk.” The officer then asked the Defendant whether he would submit to roadside exercises to which the Defendant stated he would rather give a blood test. The officer stated that he could not do that now. The Defendant then refused the roadside exercises and was arrested. The Officer then searched the Defendant’s car where there was a blue cup in the center console which smelled like alcohol. The Defendant was taken to the Breath Facility where he was asked to submit to a sample of his breath. He refused to give a breath sample while asking for a blood test. The firm took the case to trial and the Defendant was found not guilty.
The Defendant was stopped for speeding. While the officer was attempting to stop the Defendant, he was driving up on other vehicles and then braking. After being stopped, the officer noticed bloodshot/glassy eyes and an odor of alcohol. When asked why he was speeding, he said because he is an “asshole”. The Defendant then admitted he was coming from a bar watching a sports game and probably drank more than he should have. He performed poorly on roadsides and was arrested. After being taken to the jail, he refused a breath test. The Firm negotiated with the State Attorney’s office and they agreed to dismiss the charges for Driving Under the Influence.
Officers from the Sunrise Police Department witnessed the Defendant smash his vehicle into an electronic gateway entrance for a residential development in the City of Sunrise. A traffic stop was conducted after the Defendant passed through the gate that he just crashed into. The officer asked the Defendant if he was ok after the crash and the defendant responded that “he was in Weston dropping off the girls.” Observations were made of the Defendant including, but not limited to: the odor of an alcoholic beverage; flushed face; bloodshot eyes; and unsteadiness on his feet. The Defendant was then asked to perform roadside sobriety exercises and asked if he had any ailments that would prevent him from doing the exercises. The Defendant responded “I have a mosquito bite that needs treatment”. The Defendant performed poorly on the roadside exercises to the extent that they had to be stopped because he was so severely impaired. The Defendant refused a breath test. During the investigation of the case, the firm discovered that the arresting officer had no independent recollection of the incident involving the Defendant. The firm then filed a motion to exclude him as a witness for trial, to which the state conceded. All DUI charges were dropped.
On 7/4/10 at approximately 3:23 am a Deputy was operating stationary radar on Hillsborough Ave and Countryway Blvd. He observed a 2009 Ford Mustang traveling at a high rate of speed. The radar produced a result of 65 mph in a 55 mph zone. The Deputy activated the lights and siren with the driver very slow to respond. The Depty had to pull along side the vehicle to get the vehicle to pull over. The vehicle then came to a very jerky, quick stop. Upon approaching the driver’s side window, the Depty noticed a very strong odor of an alcoholic beverage coming from the Defendant who was driving the vehicle. The Depty also noticed bloodshot, glassy eyes and an intoxicated appearance on the Defendant. The Defendant immediately told the Deputy she was speeding because her insulin pump was low. She also advised that she had consumed several vodka and cranberry drinks at The Roundup. The Defendant submitted to the field sobriety exercises but did not perform them to the satisfaction of the Deputy. The Defendant was placed under arrest and refused to provide a breath sample. Results: The case was set for trial and the State Attorney’s office dropped the DUI charge.
The defendant was involved in a single vehicle accident. According to the report, the defendant ran off the road and hit a sign. When the officer arrived on the scene, he observed several idicators of impairment. He observed an odor of alcohol, slurred speech and a noticable sway. When he asked the defendant for his driver\'s license, he handed him a credit card. After noticing the indicators, the officer requested that the defendant perform field sobriety exercises. According to the officer, the defendant did poorly. He was arrested and taken to jail where he blew a .128. On the day of trial, the state dropped the DUI.
The defendant was discovered by police driving a vehicle after a clerk warned officers on the scene of a person drinking beer in the parking lot. Officers then made contact with the defendant and discovered that he had signs of impairment. The officers then detained him for over an hour while they waited for a DUI investigator to arrive at the scene. At which point roadside sobriety exercises were conducted and the defendant was taken to jail where he gave a breath sample in excess of the legal limit. Defense counsel filed a motion to suppress the DUI investigation based upon the fact that the defendant had been detained for too long on too little evidence. The defendant was cleared of all DUI charges and the case was dropped.
An off-duty Martin County Sheriff’s Deputy observed the defendant driving on Interstate 95 during Labor Day Weekend. The defendant was observed failing to maintain a single lane, driving completely off the roadway on three occasions and forcing other cars to take evasive actions to avoid being struck. An on-duty deputy responded and observed the defendant driving in a similar pattern. Upon being pulled over, deputies reported that the defendant smelled like alcohol, his eyes were bloodshot and glassy, his iris was the size of a pin head and he appeared “disordered.” The deputies requested that the defendant perform field sobriety exercises which they claimed he performed poorly. After being arrested for DUI the defendant blew a 0.056 and 0.058. A urine sample was obtained from and it was found that Methadone and Oxycodone were in his system. The Firm’s Treasure Coast Attorney immediately set the case for trial. The jury found the defendant Not Guilty of DUI.
A suspicious call came in regarding a vehicle parked in the field in front of a church. The first officer on scene and second officer on scene approached the vehicle which had hit a curb and drove off the road to the final resting point. The vehicle missed a sign and a big tree by inches and came to a final stop in the grass. There were tire track marks leading from the road to the location where the car was parked. The vehicle was in park and the defendant was laying in the drivers seat with the engine running and the lights on. The officers banged on the window, yelled the defendant’s name and even shook the vehicle to try and wake up the defendant. One of the officers even reached in and shook the defendant to try and wake him up. At that point, the officer reached in to turn off the engine and was going to call Fire Rescue. The Defendant then woke up and the officers smelled alcohol, noticed red glossy eyes and that the defendant had a flushed face. The Defendant was asked to submit to roadsides where he performed extremely poorly. All roadsides were captured on camera. The Defendant was arrested and taken to the Breath Facility where he refused to give a sample of his breath. The Firm took the case to trial and argued that the Defendant (1) was not driving and (2) did not have the “capability” to operate the vehicle at the time the officers arrested him and was therefore not in “actual physical control” of the vehicle. The jury came back with a verdict of Not Guilty.
