The defendant stopped the vehicle at a green light. The police followed the defendant based upon an anonymous tip that the defendant was driving recklessly. The defendant was arrested for DUI and blew .177 and .180. Motion to suppress the stop was granted. DUI case Dropped.
Facts: The Defendant was seen driving a 4 wheeler ATV All Terrain Vehicle towards a Palm Beach County Deputy. The Defendant was driving on a road he was not allowed to drive on. The officer activated his emergency lights and sirens and the Defendant looked at the Officer and did a U-turn. The Defendant then looked back numerous times and suddenly increased his speed. The ATV then turned right onto another street and stopped at the dead end of the road. The driver identified himself to the Officer and was arrested for Fleeing and Eluding an Officer. The Firm prepared numerous documents and letters for the Office of the State Attorney to provide to them indicating that there were no independent witnesses and that they did not have enough evidence to convict the Defendant of the charges. After a review of the case, the Office of the State Attorney declined to file the charges.
An officer was approached by a passerby at approximately 6:55 a.m. that a vehicle was partially in a canal on Military Trail. The officer arrived on scene and saw the truck had driven over a guardrail and smashed through it. The vehicle was resting on a fence that divides the roadway from the Canal. The Defendant stated that his power steering went out and that he drove off the road. The other person on scene said that the Defendant abruptly swerved to the left and went through the guardrail. There were no brake marks on the roadway. The Defendant’s eyes were red and bloodshot and his face was flush. He was pacing around in the area and continuously smoking or chewing gum. He produced incorrect documents and had a strong odor of alcohol coming from his breath. He stated he was coming from the Blue Boar Local Bar and that he had 4 to 5 beers. He was requested to perform roadside tasks and refused to perform them. After being arrested for Driving Under the Influence, he was taken to the Breath Center where he was asked to submit to a sample of his breath to determine the alcohol content. The Defendant refused to give a breath sample. The Firm filed a motion to suppress any and all statements made to the officers on scene as a violation of the accident report privilege due to the Defendant not being Mirandized. The State agreed to exclude all of those statements. Additionally, the Firm took the depositions of the arresting officer and the crash scene investigator. Both transcripts indicated that the facts were not sufficient for the State to prove the case beyond a reasonable doubt. The crash officer admitted in deposition that the Defendant was “not exhibiting the normal signs of someone who was impaired.” Result: The State read both the transcripts and dropped the DUI charge.
On June 23rd, the Defendant was stopped for driving without headlights at night on N. Republica De Cuba Ave and E. 8th Ave. Upon making contact with the Defendant, the Officer noticed several cues of impairment. A DUI investigator was called to the scene. The DUI officer observed the Defendant sitting in the driver’s seat of the vehicle. The Defendant had an abnormal lack of alertness. He was slow and lethargic and appeared to be intoxicated. He had a fixed deep gaze and his eyes were extremely bloodshot, watery and glassy. The officer also observed a distinct odor of alcoholic beverage coming from the Defendant’s breath. The Defendant performed field sobriety exercises which he complied. As the Defendant exited his vehicle, he was unsteady on his feet and had a noticeable sway. The Defendant performed poorly on the field exercises and displayed multiple clues of impairment. The Defendant was then placed under arrest for DUI. The Defendant provided a breath sample of .046 and .045. He also provided a urine sample to test for chemical or controlled substances. Results: Based on discussion with the firm, the State dropped the DUI charge.
Officers saw the defendant exit the vehicle after a traffic accident. The officers made contact with the defendant and noticed an odor of alcohol as well as glassy, bloodshot eyes. The defendant performend poorly on the roadside sobriety exercises. The defendant's breath alcohol content registered .083/.084 on the intoxylizer. Case dismissed by the State.
The defendant was seen speeding in his car and making a turn from the wrong lane. Once he was stopped, the officer noticed that there was an odor of alcohol, bloodshot eyes, slurred speech and he was having trouble producing documentation for the car. Roadside exercises were requested and the defendant performed poorly according to the officer. After the arrest, the defendant was asked to submit to a breath test, and he agreed. The results were .093 and .092. All charges were dropped during the jury trial.
On July 21, 2010 the Defendant was accused of causing an accident causing an injury and leaving the scene of the accident (Felony). After coming into contact with the police officer near the scene of the accident, it was also discovered that the Defendant’s driver license was expired, which was a criminal violation as well. After investigating the case, the firm explained to the State Attorney’s case filing department, that this was a case of mistaken identity, and the Defendant was not the driver at the time of the crash. The State Attorney continued their investigation, and concluded that they would not be able to prove their case beyond every reasonable doubt and dropped all criminal charges against the Defendant.
The Defendant was driving westbound on Sunrise Boulevard approaching Federal Highway in Fort Lauderdale. The Defendant then drove over a concrete median separating Westbound Sunrise Boulevard and Northbound Federal Highway causing crippling damage to his vehicle. Officer Troiano of the Fort Lauderdale Police Department was the first on scene a saw the Defendant outside of his vehicle. He noticed the Defendant to have the strong odor of an alcoholic beverage; bloodshot eyes; flushed face; slurred speech; and that the Defendant was extremely unsteady on his feet. Officer Troiano requested the assistance of Deputy Faccini of the DUI Task Force. Deputy Faccini made contact with the Defendant and also noticed that strong odor of an alcoholic beverage; bloodshot eyes; flushed face; slurred speech; and that the Defendant was extremely unsteady on his feet. Deputy Faccini administered roadside sobriety exercises on video that reflected the Defendant to be extremely impaired. The Defendant could not come close to completing one roadside exercise without almost falling over. The Defendant was arrested for DUI and was asked to submit to a breath test. The Defendant responded to the request for a breath test by stating “I know I am going to blow over”. The Defendant sat down to give the breath test with two valid samples and blew a .212 g/210L on the first and began to avoid giving a second sample by blowing improperly into the machine on purpose. The Deputy took the Defendant’s action as a refusal to comply with Florida Law. All DUI charges were dropped by the State of Florida.
Defendant was stopped for failing to maintain their lane of travel on ten occasions. After performing roadside exercises on video the defendant was arrested. The defendant refused the breath test. Aquitted by a jury of the DUI.
On March 22, 2010 at approximately 0233 hours, a Temple Terrace Police officer observed a black BMW stopped at a stop sign. He also observed the Defendant slumped behind the wheel. Concerned that the driver was dui or having a medical issue, the officer conducted a welfare check. Upon his approach the officer noticed the vehicle was running. The officer was able to wake the Defendant up. The Defendant had slurred speech and his eyes were bloodshot. This initial interaction was videotaped. On the video, the officer is heard to say to another officer, “I don’t smell any alcohol on him.” The second officer then interacted with the Defendant and he also remarked on video that he did not smell any alcohol. One of the officers tells the other that “maybe he is on something else, let’s find out.” The officers had the Defendant perform field sobriety exercises, which he did poorly. The Defendant was arrested for DUI. The Defendant refused to submit to a breath test. The firm filed a motion to suppress the evidence based on an illegal detention of the Defendant. Based on the motion, the prosecutor dropped the DUI charge.
On May 21, 2010 a deputy observed a green Cherokee eastbound on Brandon Blvd. traveling 75 mph in a 50 mph zone. The Deputy began to pursue the vehicle and then observed it turn onto Brandon Town Center Dr. and continue to travel at 75 mph. The vehicle was now in a 20 mph zone. The Deputy was able to catch up to the vehicle and conduct a traffic stop. The Defendant was observed to have red, bloodshot eyes, slurred speech and the odor of an alcoholic beverage on his breath. The Deputy had the Defendant perform field sobriety exercises which he did poorly. The Defendant was arrested for DUI. The Defendant refused to provide a breath sample. Result: Prosecutors dropped the DUI charge.
On 10/10/09 at approximately 2100 hours, police dispatch was advised of a traffic crash on East Vina Del Mar Blvd. When the officer arrived a 2005 BMW had impacted a parked Kia. The BMW was driven by the Defendant. The passenger in the BMW advised they were coming back from Caddy’s. The Defendant, who had gone into the residence to speak with the owner of the Kia, then came out and explained to the officer that he had injured his shoulder in the accident. The officer noticed a strong odor of alcohol coming from the Defendant. He also spoke with a slurred thick tongue. The Defendant was then transported onto a backboard and taken inside an ambulance for an apparent separated shoulder. The Defendant was asked for consent to a blood draw, which he refused. The Defendant was then read Florida’s implied consent law and asked to submit to a blood draw, which he also refused. The officer then had the medic perform an involuntary blood draw. The results of the blood alcohol test were .285 and .288. The Defendant was arrested for DUI on. Results: The firm filed a motion to suppress the blood results, which was granted. After the judge granted the motion, the state dismissed the DUI case against the Defendant.
