The defendant was the driver of a vehicle involved in a crash in the parking lot of a liquor store and spontaneously uttered “I drank half a bottle of vodka today while at home” and took (20) 10 mg. pills valium and later stated she took 50 Valium. There were also 2 empty bottles of Smirnoff Vodka in the glovebox. Officers noticed the defendant to have an odor of an alcoholic beverage, bloodshot watery eyes, mumbled and mush mouthed speech and difficulty exiting her vehicle. The defendant was asked to perform roadside sobriety exercises and did so poorly and nearly fell over and needed assistance to walk. The defendant was arrested and submitted to a breath and urine test. The Firm filed a Motion to Discharge based on a Speedy Trial Due Process Violation. The State elected not to file any charges after the filing of the Motion.
Defendant was stopped for erratic driving. Defendant refused roadside sobriety test and was arrested. Defendant refused intoxilizer test. The DUI case was dropped. This was the 3rd DUI case against the defendant.
The defendant was driving north on Jog Road when he made a right turn heading east on Forest Hill Blvd. The officer from Greenacres Police stated that the defendant was driving to the left side of his lane for over 200 feet and not maintaining a single lane. Additionally, the officer testified that he had been following him because of his suspicious driving pattern. The officer pulled the defendant over for his driving pattern and smelled an odor of alcohol coming from the defendant, bloodshot and glassy eyes as well as slurred speech. The defendant was asked to step out of the car to perform roadside sobriety tasks which were all captured on video. The defendant performed poorly on the tasks and was arrested for Driving Under the Influence of Alcohol. He was taken to the Breath Facility where he was asked to submit to a breath test. The Defendant refused to submit after being read implied consent. The Firm filed a motion to suppress the defendant’s identification all evidence that flowed from the stop due to the fact that the officer did not have reasonable suspicion of DUI based upon the videotaped driving pattern. The court heard testimony from the officer, watched the video and then agreed with the Firm and granted the motion. The State dismissed the DUI.
The Defendant was seen by a Deputy accelerating away from a red light as it cycled to green at a high rate of speed. The speed was estimated at 65 mph in a 45 mph zone. The Deputy activated his radar unit which confirmed the Defendant’s speed at 65 mph. While traveling behind the vehicle, the Deputy observed it weave over the left land marker with its left side tires. The vehicle then weaved across the lane so that the right side tires had gone across the right lane marker. The vehicle then traveled back across the lane with the left side tires again crossing the left lane marker. The Deputy then activated his emergency lights and the vehicle made no reaction. The Deputy, after traveling about 500 yards, then activated his siren to get the vehicle’s attention. The vehicle then came to a stop. When the Deputy made contact with the Defendant, he noticed an odor of an alcoholic beverage on his breath and red-watery eyes. The Deputy asked the Defendant to exit the vehicle and then noticed he had a sway about his person stumbling when he exited. The Deputy requested the Defendant to perform field sobriety exercises, which he agreed. On the Walk and Turn test, the Defendant could not keep his balance while listening to instructions, did not touch heel to toe 10 times, stepped off the line 6 times, used his arms for balance and lost his balance during the turn. On the One Leg Stand exercise, the Defendant swayed while trying to balance, used his arms for balance, and put his foot down 4 times. The Defendant was placed under arrest for DUI and also issued a speeding ticket. The Defendant provided breath samples of .089 and .090 BAC. After the breath test, the Defendant became upset and continuously stated “This is bullshXX” whenever asked any questions. Results: The case was set for trial by the firm. Before the trial date, the State dropped the DUI charge.
The defendant crashed in to the rear of a stopped tow truck at a high rate of speed. The defendant made several statements to the first responding officer that he was the driver involved in the crash and made several statements regarding how much alcohol he had consumed. That deputy noticed the defendant to be unsteady on his feet and the odor of an alcoholic beverage on his breath covered by a breath mint. The defendant also had slurred speech; difficulty coherently answering questions; and a flushed face and bloodshot watery eyes. The defendant refused to perform roadside sobriety exercises and refused a blood test. The DUI charges and the criminal Refsual to Submit to Testing were dropped.
The Defendant was seen leaving a nightclub located on Broward Boulevard. The Defendant made an improper left turn onto Broward Boulevard and began to drive westbound in the eastbound lanes of travel. The Defendant was then stopped by an Officer from the Fort Lauderdale Police Department. Upon making contact with the Defendant, the officer noticed the strong odor of an alcoholic beverage, flushed face, bloodshot, glassy eyes and that the defendant was unsteady on his feet upon exiting his vehicle. A BSO DUI Task Force Officer was called to the scene for purposes of a DUI investigation. The DUI Investigator made identical physical observations of the Defendant and administered roadside sobriety exercises. The Defendant performed poorly on the roadside sobriety exercises which were captured on video. The Defendant submitted to the breath test that resulted in readings of .127/.125 g/210L, 50% over the legal limit of .08. The firm argued that the Defendant was not impaired at the time he was driving based on his appearance as was seen on the video and also argued that his driving was due to his unfamiliarity with the area. The Defendant was found not guilty by a jury after only 10 minutes of deliberations and the Court found him not guilty of all infractions of driving the wrong way and improper left turn.
The defendant was driving without headlight and failed to maintain single lane of travel. Defendant was given roadside exercises and performed poorly. The defendant was arrested and refused breath test. Motion to suppress stop was granted. DUI charge dropped.
The defendant was seen by an Orange County Deputy investigating street racing. The deputy saw that the defendant’s car was modified illegally and that was the basis for the deputy to stop the defendant. The defendant smelled of alcohol and marijuana, failed the filed sobriety exercises, had a breath test above the legal limit, and his urinalysis test came back positive with marijuana in his system. The defendant then retained t The Ticket Clinic to represent him. The firm filed a series of aggressive motions attacking the states case in chief, and the right the police had to arrest the client in the first place. The presiding judge agreed and ordered the total suppression of all evidence against our client. The State, having no evidence to go forward with, had no choice but to drop the charges against our client and he suffered no further consequences.
An Officer was traveling southbound where the posted speed limit was 45mph. The vehicle in the lane to the left of the officer accelerated at a high rate of speed. The officer estimated the vehicle’s speed to be approximately 75 mph. The vehicle then slammed on the brakes to avoid hitting the car in front of it. The officer at this point conducted a traffic stop on the vehicle for speeding and following too closely. Upon approaching the driver of the vehicle, the officer immediately smelled the odor of alcohol on his breath. He also had glassy bloodshot eyes. When the Defendant was asked out of the vehicle, he swayed while standing. The Defendant was asked to perform field sobriety exercises, which he complied. He did not step heel to toe, stepped off the line and had to use his arms for balance on the walk and turn exercise. On the one leg stand, the Defendant swayed, used his arms for balance and had to put his foot down before the 30 second period was completed. The Defendant also had a considerable sway while performing the Alphabet and counting tests. The Defendant refused to provide a breath sample when requested by the officer. Result: The Firm was able to convince the State Attorney’s Office, based on lack of evidence, to drop the DUI charge.
A Trooper from the Florida Highway Patrol initiated a traffic stop on a vehicle occupied by two Hispanic males who spoke little English. The Trooper instructed both individuals to exit the car and to provide their driver’s licenses. The Defendant was cited for speeding and arrested for driving with an expired driver’s license over 4 months. After a lengthy consultation, Spanish speaking Defense Counsel was able to ascertain the Defendant was actually seated in the passenger seat and, in fact, had a valid driver’s license. The Trooper apparently confused the identities of the two Hispanic males and arrested the Defendant in error. Defense Counsel brought this information to the Assistant State Attorney. The citation and criminal charge were immediately dropped.
A Palm Beach County Sheriff’s deputy heard a BOLO in reference to a possible impaired driver. Other Palm Beach Sheriff Officers were following the vehicle. The officer found the vehicle and observed it weaving noticeably within it’s lane and appeared to be straddling the passengers side white lines while traveling 10 miles under the speed limit. The vehicle then sat for several seconds when a light turned green instead of starting its travel. The vehicle then continued to weave noticeably in the lane and crossed over the line once or twice by a few inches. The defendant then turned on the turn signal and went to turn into an area that was a curb and then corrected itself back onto the street. The Officer then initiated a traffic stop on the vehicle. The defendant’s eyes were glassy and bloodshot and there was an obvious odor of an unknown alcoholic beverage coming from the vehicle. The driver swayed noticeably when he was standing outside the car. He stated that he drank 2 coronas and performed poorly on the roadside exercises. He was arrested and taken to the Breath Alcohol Testing Facility where he was asked to submit to a sample of his breath where he blew a .081 and .092. The Firm filed numerous motions to suppress including a motion to suppress arguing that the defendant was stopped without a reasonable suspicion of criminal activity. The driving pattern was captured on video. The State received the motion and dropped the DUI charge.
A Port St. Lucie Police Officer observed the Defendant’s vehicle following dangerously close behind another vehicle. The Defendant’s vehicle abruptly changed lanes and struck the curb. After initiating a traffic stop, the officer made contact with the Defendant and noticed a strong odor of an alcoholic beverage emanating from her mouth. The Defendant’s clothing was described as disorderly and her speech slurred. The Defendant admitted to driving from a strip club where she had “a couple shots.” Upon being requested to exit the vehicle, the Defendant used her vehicle for support. The Defendant performed extremely poorly on the field sobriety tasks appearing confused and performing the tasks together instead of separately as instructed. The Defendant provided breath samples of .164/.172. Defense Counsel demanded to see a copy of the officer’s dashboard camera. On the video but off the view of the camera, Defense Counsel overheard the arresting officer telling another officer that he did not smell any alcohol on the Defendant’s breath, despite writing in his sworn report that he did. Defense Counsel also overheard the arresting officer making inappropriate comments about the Defendant being a stripper. Defense Counsel immediately filed a legal motion pointing out the officer committed perjury. Furthermore, Defense Counsel included a track record of the arresting officer making apparent false statements from other cases he has represented. After the Assistant State Attorney received Defense Counsel’s legal motion, the State of Florida immediately dropped the DUI charge
