Our client was pulled over after law enforcement witnessed one of his passengers vomiting out the door of his vehicle. Our client was the designated driver in a vehicle with 5 people in it. After law enforcement made alleged observations that our client was impaired, our client was asked to perform Field Sobriety Exercises. Based upon his performance on the exercises, our client was placed under arrest for Driving Under the Influence. Our client submitted a breath sample, which was .017, well below the legal limit of .08. Law enforcmeent then requested a Drug Recognition Expert conduct an evaluation of our client. After the evaluation, our client was believed to be under the influence of "depressants". Law enforcement also collected a urine sample - which came back clean. The case was set for trial and the State wound up dismissing the charges against our client. This is a case that shows that the techniques law enforcement use to determine if someone is under the influence are greatly flawed and nothing law enforcement does should be taken at face value.
Our client was arrested and charged with DUI after he was stopped for running two stop signs in front of a deputy from the Sheriff’s Office. The deputy allegedly observed the driver to have glassy, blood shot, and watery eyes. He also allegedly smelled the strong odor of an alcoholic beverage coming from his breath. He noticed a yellow stain on his crotch area and the driver admitted to drinking five beers. The deputy conducted alternatives to standard field sobriety exercises because our client was an elderly man with medical limitations. The deputy determined his normal faculties were impaired and arrested him for DUI. He submitted to a breath test and blew .076 approximately 90 minutes after the stop. The client rejected all offers and we set his case for a motion to suppress. Ultimately, we closed his case to a dry reckless driving, no license suspension, and no points on his license.
In an Orange County Racing case, a deputy observed a blue Mustang pull next to an orange Camaro at a red light. The Mustang honked its horn, and the Camaro rolled its windows down. The deputy observed them have a brief conversation and once the traffic light turned green, they screeched their tires and did a slight burn out and took off at a high rate of speed side by side. The deputy turned on his lights and alleged that he reached 100 mph in an attempt to catch up to them. The Mustang kept going and the driver of the Camaro stopped. He was charged with Racing. We closed his case to a careless driving, a driving school, no suspension and no points on his license.
On 9/22/22, our client was stopped for driving without headlights at night and drifting between lanes. After our client was stopped, law enforcement noticed a smell of alcohol coming from his breath and our client admitted drinking. Law enforcement conducted Field Sobriety Exercises and placed our client under arrest for DUI. At the jail, our client provided a breath sample of .169. During the course of the case, our attorneys reviewed all of the evidence, all videos, reports and statements. Based on the facts of the case, our attorneys were successfully able to negotiate the charge away from a DUI, to the reduced charge of Reckless Driving. Our client was able to avoid a conviction on his record and the additional license revocation that is mandatory with a DUI.
The client was stopped for making an illegal turn. Once stopped the officers noticed an odor of alcohol but the client denied drinking. The Officers requested the Client to submit to a DUI investigation but the client refused to do so. As a result the client was arrested for DUI. Once the client was taken into custody he declined to provide a breath sample. The Firm was retained and immediately began examining the evidence, including the videos in the case. It was discovered that what little evidence the State did have simply showed the Client behaving normally. The Firm repeatedly tried to get the State to dismiss the DUI. Finally, on the day of trial the State agreed and dismissed the DUI charge.
The Client was involved in an accident and was found by law enforcement in control of the vehicle. The officers on scene detected an odor of alcohol and began a DUI investigation. The Client argued with the officers at length about complying with the DUI investigation and ultimately chose not to comply with the investigation. At this point the Officers arrested the Client for DUI and requested the Client provide a breath sample. The Client then refused to provide a breath sample. The Firm was hired and ordered the video in the case. The video showed the Client arguing with the officers but did not show that the Client was impaired. It was argued to the State that there was very little evidence in the case and the DUI charge should be dismissed. After several hearings the State agreed and dismissed all charges.
The Client was stopped for running a red light while speeding at 74 mph. After being stopped law enforcement noticed an odor alcohol and thought the Defendant may be impaired. A DUI investigation was then conducted and the officer noted that the Client made several mistakes. The Client was then arrested for DUI and transported to the Breath Alcohol Testing Center where he provided a breath sample that did not indicate a presumption that the Client was not impaired. A urine test was also collected. The Firm immediately took the case and contacted the State Attorney's office and indicated that because the urine test was going to come back clean and the rest of the evidence was not strong for the State, that the charges should be dismissed before the case progressed past arraignment. The State agreed and the case was dismissed.
The Client's vehicle was stopped for speeding and failure to maintain a single lane. Once the law enforcement stopped the vehicle they noticed the Client smelled of alcohol and had a difficult time balancing. A DUI investigation was conducted and the Client did not perform well on all the exercises. The Client was arrested for DUI and transported to jail. Once at the jail the client was asked to give a breath sample, which when given showed a breath sample under the legal limit. The arresting officer then requested the Client to submit to a urine sample to show if the Client had taken any drugs. The Client refused to submit to a urine sample. The Firm was hired to help the Client and immediately began investigating the case. It was discovered that there was no other evidence that the Client was under the influence of any drug or controlled substance and as a result the urine request would be inadmissible. The State Attorney's office agreed but still refused to dismiss the case entirely. The Firm set the case for trial and on the morning of trial the State dismissed all charges against the Client.
Our client was arrested and charged with DUI after he was stopped for passing a FHP Trooper at 100 mph in a 60 mph zone. The Trooper allegedly noticed an odor of alcoholic beverage coming from his breath as he talked, red and glassy eyes, pasty and dry lips, and thick tongued speech. Client admitted to having some drinks at a UFC watch party with friends. The Trooper took his keys and asked him out of the vehicle. He refused FSEs and was arrested for DUI. He submitted to a breath test and blew .041. The State offered our client Pre-Trial Diversion or plea to DUI minimums. The client rejected all offers and we set the case for trial. The morning of jury selection the State dismissed the charges and the Judge dismissed all the traffic violations.
Our client was involved in an accident with a motorcycle where the motorcycle operator passed away. Our client was charged with a fatal Careless Driving, which carries a mandatory $1,000 fine and 6 month license suspension. Our attorney set the case for trial. At the trial, the attorney prevented the FHP troopers from entering key evidence against our client and the ticket was dismissed.
Client was involved in an accident where he ran another car off the road. After the accident investigation, the police began a DUI investigation because our clients speech was slurred and he smelled of alcohol. Our client did poorly on the field sobriety exercises and blew a .192.
Our firm filed 3 motions including a motion to exclude the breath test as the police did not perform the 20 minute observation correctly. We won all 3 motions and the breath test was excluded from evidence. After the breath was excluded, the State of Florida dropped the DUI.
Client was involved in a traffic crash where he sideswiped another car. After the crash investigation, the police began a DUI investigation based on witness statements about his driving pattern, his eyes, and the odor of alcohol. Our client showed some balance issues but otherwise did well on field sobriety exercises and blew a .097.
Based on the nature of the crash the State denied all counteroffers for diversion and reckless driving. We set the case for trial and at 4:50 pm the day before jury selection the State offered a reckless driving amendment. Our client accepted and we resolved his case with very favorable conditions including no license suspension.
