The defendant was parked at the airport. After being arrested for DUI, the defendant began fighting with the police. He was injured and taken to the hospital. DUI charge dropped.
Defendant was stopped for speeding. Defendant performed exercises on video and admitted to drinking one beer. Defendant refused breath test. Defendant aquitted of DUI by a jury.
Facts: The defendant was pulled over at a roadside sobriety checkpoint for having an expired tag. Stopping officer noticed that the driver had an odor of alcohol coming from him, glassy eyes, slow lethargic movements and was slurring his speech. The DUI officer responded and noted that the driver was fumbling through the same documents for 10 minutes and could not find his registration. The defendant exited his car and shuffled his feet losing his balance. He consented to roadside tasks and during the walk and turn stopped after the first 9 steps and had to ask what else to do. On the way back after the first 9 steps, the defendant lost his balance where the officer had to actually walk behind him to make sure he didn’t fall. During the finger to nose task, the officer testified the defendant did not keep his head back and NEVER touched his nose at all. During the alphabet task, the defendant swayed noticeably and paused for about 3 to 5 seconds on the video after he got to the letter D as well as the letter X. The defendant was arrested for driving under the influence and taken back to the Breath Alcohol Testing Facility. He was asked how old he was on video and he said, 35 or 36? He then refused to give a breath sample. The firm went to trial and after closing arguments: VERDICT: Not Guilty.
Officers from the Coconut Creek Police Department observed the Defendant’s vehicle “suspiciously parked” at a Nature Center. The Officers then saw the Defendant run to his vehicle and start it. The Officer drove up to the vehicle and ordered the Defendant to shut the vehicle off, despite not having seen the Defendant do anything. The Defendant admitted to smoking marijuana and the officer found the substance on the back seat of the car. The firm filed a Motion to Suppress the Unlawful Seizure based on the officer ordering the Defendant to shut off the vehicle without suspicion that the defendant was involved in criminal activity. The State conceded the Motion and all charges were dropped by the State.
The defendant was charged with his third offense of driving under the influence. The Defendant was driving on State Road 804 when he crashed into the back of a stationary vehicle at a red light. The impact of the crash totaled the defendant’s vehicle. The defendant was asleep at the wheel when medics arrived. He was tended to and then again fell asleep when the officers had arrived. The arresting officer spent over a minute trying to wake him up. An independent witness saw the defendant’s vehicle recklessly driving down the road and smashing into the other vehicle. The defendant’s speech was slurred and thick and his pupils were pin-point. After waking him up, the defendant stated that he was under the care of a pain management doctor and takes prescription medication. Additionally, prior to conducting roadside exercises, he stated (on video) that he had taken roxycodone and oxycodone that day. He performed poorly on the roadside exercises and was arrested for Driving Under the Influence. At the Breath Alcohol Testing Facility, he gave a breath sample of .000 two times. He then was asked to submit a urine sample. After 45 minutes, he could not give a sample of his urine and the officer took the inability to provide the sample as a refusal. The Firm filed numerous motions including a motion to exclude all of the defendant’s statements based upon the accident report privilege along with motions to suppress based on a lack of probable cause. After the orders were signed by the judge, the State decided to drop the DUI.
The Defendant was driving and weaving all over the road without it’s activated headlights at approximately 4:00 a.m. Additionally, she almost collided with a curb and would not stop immediately when the officer had the overhead lights illuminated. An officer who witnessed the driving pattern stopped the defendant’s vehicle. The defendant stopped in the middle of the road. The officer who stopped the defendant noticed that she had an odor of alcohol coming from her breath and glassy eyes. The DUI officer then noticed that she had bloodshot, watery eyes. She admitted to having a couple of small drinks. She admitted that they were “Sex on the Beach” and then changed her story to only having one that was approximately 4 inches big. The Defendant refused to perform roadside exercises when requested and when she was asked she said “I am a good person.” The Defendant was arrested and transported to the Breath Alcohol Testing Facility where she refused a requested Breath Test. On the day before trial, the State of Florida dropped the DUI.
The Defendant was seen traveling at a high rate of speed. The Deputy activated his radar and locked in a speed of 63 in a 45 mph zone. The Defendant was also seen drifting across traffic lane lines. As the Defendant came to the intersection of Providence Rd and Providence Lake Blvd, his vehicle ran the red light. At this point, the Deputy activated his emergency equipment and initiated a stop of the Defendant. The vehicle was slow to respond to the activated lights on the deputy’s car, but after pulling over, the Deputy made contact with the Defendant. The Defendant was slow and fumbled with is paperwork, at one point, dropping his license out the driver’s door window. The Defendant had slurred speech, the odor of alcohol on his breath and bloodshot eyes. The Defendant was read his Miranda rights and then interviewed. The Defendant admitted to being out with friends at a couple of bars. The Defendant then told the Deputy that he would not have driven if not for his friends needing a ride. When asked how impaired he felt on a scale of 1-10 with 10 being the most impaired he has ever been, the Defendant answered between 4-5. The Defendant then stated he knew he should not be driving because of the effects of alcohol he felt. The Deputy then asked the Defendant to perform field sobriety exercises, which he agreed. The exercises showed multiple clues of impairment and the Defendant was placed under arrest for DUI. The Defendant submitted to a breath test after being read the Implied Consent law and the results were .174 and .175. The Defendant was also given tickets for speeding, failing to maintain a single lane and running a red light. Result: State dropped the DUI, failure to maintain a single lane and red light charges.
The Defendant was seen traveling north and continuously drifting on and off of the left lane markers at least 3 times. The Defendant was then observed following another vehicle in front of it too closely, leaving less than a car length in distance between them. The vehicle was stopped and contact was made with the Defendant by the Officer. The officer noted the Defendant had the odor of an alcoholic beverage on her breath, and her eyes were bloodshot and glassy. The Defendant agreed to perform field sobriety exercises. Prior to administering the exercises, the Defendant told the officer she suffered from depression and anxiety problems. During the field sobriety exercises, the Defendant exhibited multiple indicators of impairment. On the walk and turn test, she failed to maintain her balance, started prior to instructions being completed, stopped walking to steady herself, did not touch heel to toe, improperly performed the turn and used her arms for balance. On the One Leg Stand test, she swayed while trying to balance. On the finger to nose test, she failed to touch her nose with the index finger. After the completion of the field sobriety exercises, the Defendant was placed under arrest. She was taken to Central Breath Testing and agreed to provide a breath sample. The results of her breath test were .121 and .103. The firm filed a motion to suppress evidence in the case and set the case for trial. After reviewing the firm’s motion, the State dropped the DUI charge on the morning the motion and trial were set to be heard.
An officer from the Hallandale Police Department observed the Defendant make a wide right turn and cause a traffic crash. The Defendant left the scene of that crash and continued to drive. The Officer followed the Defendant in an effort to initiate a traffic stop. The Officer put on his emergency lights and siren and the defendant pulled his vehicle over to the curb. The officer was about to exit his fully marked vehicle when the defendant began to drive again. The Defendant then pulled over again approximately 50-100 feet later. Upon making, contact with the Defendant, Officers noticed the odor of an alcoholic beverage, bloodshot eyes and unsteadiness and slurred and accented speech. The defendant performed roadside sobriety exercises and did so poorly. The Defendant submitted to the breath test which registered .226/.225.g /210L. After the firm took the deposition of the stopping officer, it was able to demonstrate to the State Attorney that the Defendant did not commit the crime of Felony Fleeing and Eluding. All felony charges were dropped by the State.
The Defendant was charged with DUI with property damage and leaving the scene of an accident. The Defendant gave a breath sample that was more than twice the legal limit. The Firm quickly set the case for trial and argued to the State Attorney’s office that the owner of the bar the Defendant was at before the arrest had attempted to assault her, and that was reason for her leaving the bar in her condition and her defense to the charges. The DUI with property damage charges were reduced and the leaving the scene charge was dismissed.
The Defendant was traveling South on SR7 in the City of Hollywood and was clearly at fault in a rear-end collision that caused over $10,000.00 in damage. Upon making contact with the Defendant, law enforcement officers noticed the Defendant have the odor of an alcoholic beverage, his eyes were red and watery, his speech was extremely slurred and he was extremely unsteady on his feet. The DUI investigator arrived on the scene, made identical observations of the Defendant and administered roadside sobriety exercises. The exercises had to be stopped as the defendant became so unsteady he was on the verge of falling to the ground. The Defendant was arrested and submitted to the breath test, which resulted in a reading of .219/.225 g/210L. After the firm’s investigation into the background of the officers involved, all charges were dismissed by the State.
Client was observed driving at a high rate of speed. He hit a speed bump which cause his truck to leave the ground. When it returned, the tires squealed. He was pulled over for Reckless Driving. The officer noticed he had an odor of alcohol on his breath, bloodshot eyes, and a flushed face. The officer asked our client to perform field sobriety exercises. Are client asked if he would be arrested if he declined. The officer stated she needed a yes or no answer. Our client again asked if he would be arrested if he declined. He was then arrested and taken to jail. At the jail, he refused to provide a breath sample. The firm filed a motion to suppress all evidence because the stop of our client’s vehicle was illegal and there was no probable cause to arrest. The judge agreed with our motion and the State dismissed all charges.
