On 12-27-09, at approximately 5:20 am, a Deputy reported that he witnessed the Defendant driving on Memorial Highway northbound. The Defendant was traveling 30 mph in a 40 mph zone, while drifting and weaving as they traveled. The Defendant exited Memorial Hwy onto Independence Pkwy which the Deputy noted the Defendant had difficulty negotiating the left bend in the roadway. Once on Independence Pkwy, the Deputy reported that the driver continued to drift and travel 10 mph under the speed limit. The Deputy then alleged the Defendant made a very wide radius turn onto George Rd. At this point, the Deputy activated his emergency equipment and stopped the Defendant for suspicion of DUI. After being stopped, the Defendant was requested to perform field sobriety exercises, which he complied. The Deputy believed the Defendant’s performance on the exercises was unsatisfactory and placed him under arrest for DUI. The Defendant submitted a breath test of .105 and .103. A video camera installed in the dash of the Deputy’s car recorded the entire driving pattern of the Defendant. The firm received a copy of the video and upon examination found the Deputy’s description of the driving pattern to be somewhat exaggerated. The firm filed a motion to suppress based on an illegal stop. Results: On the day the motion was to be heard by the Judge, the State dropped the DUI charge.
The defendant was pulled over for making an illegal left turn and driving around 3 orange barrels. The officer noticed an odor of alcohol on the drivers breath, bloodshot eyes, and slow speech. He also noticed that he was unsteady when he exited the vehicle. After performing field sobriety exercises, the defendant was arrested for DUI and taken to jail. He refused to give the officer a breath sample. On the day of trial, the state dropped the DUI Charge.
An officer was parked with his window open on Platt St. The officer’s attention was caught by the sound of two loud engines. The roar of the engines indicated that the vehicles were traveling at a high rate of speed. The officer then observed the 2 vehicles traveling at an estimated speed of 70 mph. Both vehicles continued to attempt to outgain one another as they passed the officer. The two vehicles then came to a stop at a red light which allowed the officer to catch up to them. As the officer pulled up behind the 2 vehicles, the light turned green and the Corvette abruptly accelerated from a stopped position. The Defendant was soon traveling at a high rate of speed again. The Corvette’s speed was clocked at 60 mph in a 40 mph zone. At this point the officer activated his overhead lights and conducted a stop on the Corvette. The Defendant was asked if he was racing the other car and he said “No, I wasn’t trying to.” The Defendant was arrested for Racing on the Highway. Results: The case was set for trial and on the day of trial, the State dropped the racing charge.
The defendant was stopped for weaving. After being arrested for DUI, the defendant refused the breath test. DUI charged drooped
The defendant was stopped by a Broward Sheriff’s Office Deputy for speeding and running a red light. The deputy noticed the defendant to have an odor of an alcoholic beverage about his breath; bloodshot watery eyes, and slurred speech. The DUI investigator made the same observations and noticed that the defendant was also unsteady on his feet. The defendant performed poorly on roadside sobriety exercises. The defendant admitted to consuming at least three alcoholic beverages before driving and then refused a breath test. The State dropped all charges, including the DUI.
According to police, the Defendant entered into a store and stole some merchandise. He was observed by store security who stopped him as he tried to leave the store with the stolen merchandise. The attorney for the firm investigated the case, and was able to get the Defendant into a program for first time offenders. Upon completion of the program, the attorney for the firm was able to get the prosecutor to drop the case completely.
This case involved the Defendant’s second DUI offense within 5 years of a prior conviction, which is punishable by mandatory jail time and a 5 year driver’s license revocation. The Defendant was clocked by a road patrol officer for the Davie Police Department going 90 mph in a 50 mph zone. The officer initiated a traffic stop and noticed the Defendant to have the odor of an alcoholic beverage on his breath; bloodshot and watery eyes; and needed to use the door of his vehicle for assistance when he exited his vehicle. The Defendant was then taken to an area for roadside sobriety tests. The Defendant put his foot down several times during the one leg stand and began counting in a scattered manner during that exercise. During the walk and turn exercise, the defendant missed walking heel to toe on at least four occasions and could not maintain the instructional position. The Defendant was arrested for his second DUI and refused the breath test resulting in the suspension of his driver’s license. The Defendant also admitted to consuming multiple alcoholic beverages prior to driving. The Defendant was found not guilty by a jury after trial.
The Client was stopped for speeding and hitting a curb. Once stopped the officer asked the Client to do sobriety exercises, which he started to do, and after making a few mistakes, stated that he didn't wish to continue. After this the Client was taken to the station on the charge of DUI and was asked to give a breath sample, which he refused. The State offered to give him diversion, which would have involved an interlock device, a vehicle immobilization and at least 75 hours of community service. The Firm decided to try the case and the case was set for trial. Before the trial the State agreed to take away the previous mentioned requirements and drop the DUI charge.
The defendant was stopped for traveling 90 mph in a 50 mph zone. After the stop, the deputy noticed an odor of alcohol coming from her breath and her eyes to be bloodshot and glassy. The defendant was asked to exit the vehicle. She admitted to drinking 2 beers, but later changed her story to admitting to 5 beers. The defendant was requested to perform Field sobriety exercises. On the walk and turn test: she could not keep her balance during instructions, failed to touch heel to toe, started before instructions were finished and stepped off line 3 times. During the one leg stand test: she put her foot down 3 times, hopped to maintain her balance and swayed while balancing. During the finger to nose test: she missed the tip of her nose 5 out of 6 times, failed to return her arm to her side 3 times and raised the wrong arm once. The defendant was arrested for DUI. She provided a breath sample of .092/.092. The firm filed multiple motions to suppress evidence based on an illegal detention. The first motion was granted and before the second could be heard by the court, the State dropped the DUI charge.
The defendant was driving on Okeechobee Boulevard when an officer observed the defendant driving in the center of the road after turning onto Barcelona Drive. The vehicle then rolled through a stop sign and almost stopped in the middle of the road and made a wide right turn. This was all captured on video and played during the trial by the state attorneys office. The officer stopped the defendant and approached the vehicle. The driver of the vehicle had reddened glassy eyes, slurred speech and had an odor of an alcoholic beverage coming from his breath. The officer ordered the defendant out of the car where the defendant was unsteady on his feet and stumbled backwards. The defendant was not steady on his feet again 2 more times before starting the exercises. The officer asked the defendant if he had been drinking and he said he had several beers. The officer first asked the defendant to do the walk and turn. The defendant could not maintain his balance, barely stayed on the line at all and never walked heel to toe. The defendant could not perform the one leg stand. Additionally, during the finger to nose task, the defendant touched the nostrils, bridge of his nose and could not keep his eyes shut even though he was told to touch the tip of his nose and keep his eyes shut. The field sobriety exercises were caught on video and showed a poor performance on the one leg stand and walk and turn. The defendant was arrested for DUI and taken to the Breath Alcohol Testing Facility where he refused a breath test. He then admitted there to drinking 2 or 3 beers that night and admitted to have been driving home from a bar. Verdict: Not guilty.
The defendant was observed by the arresting officer reversing and screeching tires repeatedly, then proceeded to drive without headlights. The defendant refused breath testing. DUI charge dropped
The Defendant was driving home when he was involved in an accident. When the police showed up, the officer noticed that the Defendant had bloodshot, glassy eyes and his speech was slightly slurred. He also smelled like alcohol and admitted to drinking 4-5 beers within the last hour. He would get angry and then calm. During the roadside exercises he swayed and said during the one leg stand that “he could not do it if he was sober.” During the finger to nose exercise, the Defendant did not touch the tip of his nose as instructed and used the wrong hand on one occasion before having to correct himself. The Defendant was taken to the jail where he refused to submit to a sample of his breath. The Firm immediately notified the State Attorneys office of the evidence collected, proving that the other driver caused the accident. Additionally, all statements made by the Defendant were protected by the Accident Report Privilege so the State agreed they would be inadmissible in court. A motion to suppress was going to be filed arguing that the Defendant was arrested without probable cause. The State of Florida agreed and declined to file any criminal charges against the Defendant.
