DUI & Criminal Division

RECENT COURT VICTORIES

To protect our clients privacy, incomplete case numbers are provided.

Case Summary

Date: 05/06/2009
Case #: 09-XXX723XXM10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was stopped by a member of the Broward Sheriff’s Office DUI Task Force. Upon making contact with the defendant, the deputy noticed the odor of an alcoholic beverage, blood shot watery eyes, a confused demeanor among other indicators of alcohol impairment. The defendant was asked to participate in roadside sobriety exercises and did so poorly. The defendant was arrested and submitted to a breath test, which registered a .062/.057 g/210L. The defendant was then asked to provide a urine sample, which she was unable to do. The Firm conducted a pre-trial investigation in to the circumstances surrounding the defendant’s inability to submit to a urine test and was able to show that the deputy let her use the bathroom when she got to the station and before she was requested to provide the sample. This evidence was conveyed to the State Attorney’s Office and they declined to file the DUI charges against our client.

Case Summary

Date: 05/04/2009
Case #: 08-XX170XXXM10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was charged with domestic battery after his girlfriend went for medical treatment for injuries suffered as a result of the alleged battery and stated that the defendant was the cause of those injuries. The Firm was able to establish that the Defendant’s girlfriend was under the influence of psychotropic medications and alcohol at the time of the battery and that the defendant acted in self-defense after she attacked the defendant. The State dropped all charges.

Case Summary

Date: 04/27/2009
Case #: 20XX-CXT-5XXX61 NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was swerving all over the road according to a 911 caller. The Police arrived and noticed the defendant leave his lane two more times and pulled him over. When they approached the vehicle, the defendant rolled down his back window and attempted to speak through the closed front window. After correcting this problem, the officer noticed an odor of alcohol, bloodshot eyes and slurred speech. It also took the defendant two minutes to pull his driver\\\'s license out of his wallet. The officer requested that the defendant perform field sobriety exercises and he agreed. While performing the walk and turn, he stopped the exercise and said just take me to jail. He claimed that his hip, which had been was replaced 6 months prior was hurting. He refused to provide a breath sample. On the day of trial, the State dropped the DUI charge.

Case Summary

Date: 04/22/2009
Case #: 04-0310XXTCA04 NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
Defendant was noticed by police officers parked on the sidewalk. The defendant vomitted at the scene and performed poorly on the roadside exercises. He was arrested for DUI. Defendant took a breath test anf the results were .111 and .128 both over the legal limit. DUI charge was dropped.

Case Summary

Date: 04/21/2009
Case #: 200XXTXXX302AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The officer heard an engine racing and approaching north on Military Trail. The defendant passed the officer’s location and the officer observed the defendant traveling at a high rate of speed. A laser reading was retrieved by the officer of 64 in a posted 45. The officer stopped the defendant who had glassy, bloodshot eyes and heavy eyelids. The defendant had a strong odor of alcohol eminating from his breath and slurred speech. Post Miranda, the defendant said he drank 4-5 beers at Brus Room and said he was trying to beat his wife home. He said he drank his last 2 beers quickly. After performing the roadside tasks poorly (which were all captured on video), the defendant was arrested for driving under the influence. A couple of hours later, the defendant gave a breath sample of .082 and .084. The Firm took the deposition of the arresting officer and after providing that information to the State Attorneys Office, the State dropped the DUI charge.

Case Summary

Date: 04/20/2009
Case #: 08-1XX477XXX10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant went through a red light and cut off a Broward Sheriff’s Deputy who is a member of the DUI Task Force as his marked unit entered the intersection. The Deputy initiated a traffic stop for the red light violation. He noticed the Defendant to have the odor of an alcoholic beverage, flushed face, slurred speech and bloodshot watery eyes. The Defendant also was unable to locate or identify his vehicle documentation and was unsteady exiting his vehicle and admitted to “drinking a bottle of wine”. The Defendant then refused the Deputy’s requests to do roadside exercises and to submit to a breath test. The Firm filed a Motion to Suppress the Defendant’s Refusal to Submit to a Breath Test and the State dropped all DUI charges.

Case Summary

Date: 04/17/2009
Case #: 200XXT0XX939AXX NO CONVICTION AS CHARGED
Charge: Driving While License Suspended
Uncategorized
The defendant was driving his vehicle in a business shopping plaza when an officer who was approaching to the north witnessed him pull out of the plaza without stopping and shoot all the way across the street. The officer cited the defendant with making an improper turn pursuant to Florida Statute 316.151. The defendant made a u-turn and the officer conducted a traffic stop. The officer ran the license of the defendant and it showed that he was charged with driving on a suspended license for a ten year DUI revocation. The State Attorneys Office was seeking 30 days in Palm Beach County Jail. The firm filed a motion to suppress arguing that the defendant was stopped in violation of the 4th Amendment to the United States Constitution. The State agreed and dismissed the charges on the date of the motion to suppress.

Case Summary

Date: 04/16/2009
Case #: 08-XX060XXXF10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
On June 3rd, 2008, Deputy Razi observed the Defendant run a red light as he traveled behind him and also observed the truck weave out of its lane and almost hit the center median on Prospect Road. After initiating a traffic stop, Deputy Razi observed the Defendant to have an odor of an alcoholic beverage on his breath, a flushed face, extremely slurred speech and bloodshot, watery eyes. A DUI investigator was called out to the scene and commenced with Roadside Sobriety Exercises. The Defendant performed poorly on the exercises and was videotaped indicating the Defendant’s severe impairment by alcohol. The Defendant was arrested and refused to submit to a breath test. The Defendant also admitted that he was driving with a suspended driver’s license as a result of 2 prior DUI Convictions! After the firm’s investigation into the arresting officer, the State dropped all charges.

Case Summary

Date: 04/16/2009
Case #: 08-XX060XXXF10A NO CONVICTION AS CHARGED
Charge: DUI
TrafficUncategorized
The defendant was driving his vehicle in a business shopping plaza when an officer who was approaching to the north witnessed him pull out of the plaza without stopping and shoot all the way across the street. The officer cited the defendant with making an improper turn pursuant to Florida Statute 316.151. The defendant made a u-turn and the officer conducted a traffic stop. The officer ran the license of the defendant and it showed that he was charged with driving on a suspended license for a ten year DUI revocation. The State Attorneys Office was seeking 30 days in Palm Beach County Jail. The firm filed a motion to suppress arguing that the defendant was stopped in violation of the 4th Amendment to the United States Constitution. The State agreed and dismissed the charges on the date of the motion to suppress.

Case Summary

Date: 04/03/2009
Case #: 200XX-TC-7XX811 NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was pulled over for driving without a headlight. When the officer approached, he smelled an odor of alcohol and noticed that the defendant had bloodshot eyes. He called a DUI specialist in to perform a DUI investigation. The defendant performed poorly on the field sobriety exercises according to the officer. He was arrested and taken to jail where he provided a breath sample of .189 and .175. The firm filed a motion to suppress and the State dismissed the DUI charge.

Case Summary

Date: 04/01/2009
Case #: 09-977XXXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
A Deputy reported to the scene in reference to a person down call. When the Deputy arrived, she observed a Ford Escape with the engine running, lights on, doors locked and horn blaring. The defendant was seen in the driver’s seat, unconscious with her foot on the steering wheel engaging the horn. After approximately 7 minutes of attempting to wake the defendant, she responded and unlocked the door. The deputy noticed the odor of alcohol coming from the defendant’s breath. The defendant also had watery eyes and slurred speech. The defendant seemed very confused and unable to answer simple questions. When asked questions to determine if she had any medical issues or problems, defendant responded, “I did not drink and drive since the cops got here. I’m looking for my president. We were just sitting in the car.” A DUI investigator arrived and took over the investigation by requesting the defendant perform field sobriety exercises. The defendant performed them poorly and was arrested for DUI. The defendant was requested to perform a breath test, which she complied. However, due to her hysterical emotional state, she was only able to provide 1 valid breath sample of .164. The defendant was marked as a refusal to submit to breath test after she was unable to provide a second valid breath sample. Result: State dropped the DUI charge.

Case Summary

Date: 03/31/2009
Case #: 07-77XX5XXM10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
On April 6, 2007 the defendant was observed by a Broward Sheriff’s Deputy speeding at 67 mph in a 35 mph zone. As he followed the defendant, he witnessed her go thru a red light and accelerate to 85 mph in a 35 mph zone. Upon making contact with the driver, the Deputy noticed that the defendant had the odor of an alcoholic beverage on her breath, bloodshot watery eyes and slurred speech. A DUI investigator was called to the scene and corroborated the observations of the stopping officer. The Defendant participated in the roadside sobriety exercises and performed poorly. The Defendant was arrested for DUI and submitted to the breath test that resulted in a reading of 143 g/ 210 and .141 g/210L Result: The State dropped all DUI charges.
1 145 146 147 148 149 171