DUI & Criminal Division

RECENT COURT VICTORIES

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

Case Summary

Date: 05/21/2009
Case #: 200XX-XCT-21XX02 NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant rear ended two vehicles at a red light. A State Trooper arrived on the scene and noticed that the defendant was unsteady and had an odor of alcohol on his breath. The Trooper asked him to perform field sobriety exercises and he agreed. According to the Trooper, the defendant could not follow any of the instructions given and he was arrested. The defendant claims there was a language barrier and he did not understand the instructions. After he was taken to the station, the defendant was asked to provide a breath sample and he refused. On the day of trial, the Prosecutor dropped the DUI.

Case Summary

Date: 05/15/2009
Case #: 200XXXT00XXX65AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The defendant was stopped for traveling 61 mph in a 45 mph zone. The stopping officer observed bloodshot and glassy eyes and an odor of an alcoholic beverage on her breath. The defendant was overly apologetic and very nervous. A DUI task force officer was summoned to the scene and the defendant was asked to conduct roadside sobriety exercises. The DUI officer testified that the defendant was swaying while she was standing and had bloodshot, glassy eyes. The defendant admitted to drinking earlier in the evening at a Bar. The roadsides were all captured on video. The officer testified at a pre-trial motion to suppress that the defendant never walked heal to toe, turned around inappropriately and on the return never walked heel to toe. During the one leg stand, the defendant swayed while standing, used her arms for balance, put her foot down two times immediately. During the finger to nose, the defendant swayed while standing and missed the tip of her nose on each right call according to the officer. During the alphabet task, the defendant swayed while standing. The Firm filed a pre-trial motion to suppress arguing that the video did not OBJECTIVELY give the arresting officer probable cause to arrest the defendant for driving under the influence, regardless of the officer’s in court testimony. The Firm cited case law out of Orange County arguing that the judge should follow it. The judge agreed and granted the motion to suppress holding that the defendant was arrested without probable cause for Driving Under the Influence. The State dismissed the DUI charge.

Case Summary

Date: 05/11/2009
Case #: 08-0XX3XX6XXM10A NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
While on patrol, a police officer saw the defendant’s car run a red light, almost striking the police officer’s car. After making contact with the driver, the officer noticed an extreme odor of alcohol coming from the driver, a flushed complexion, slurred speech and red-watery eyes. The officer offered the driver the opportunity to perform roadside sobriety exercies, which the defendant refused. The defendant was arrested and then told the officer that he was “sorry for his mistake”. The defendant was transported to jail for breath testing, and placed on video. At the station, the defendant again refused to perform roadside exercises and refused to take a breath test. On the date of trial, the State dropped the DUI charge.

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
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: 04/16/2009
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.
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Rolando A. Sanchez, Esq.

Originally from Miami , grew up in Central Florida.  After high school, he joined the U.S. Air Force where he worked on F-15E fighter jets as an Avionics Technician.  He was Honorably Discharged. Afterwards, he attended University of Central Florida and received a BSBA Finance Degree, cum laude.  Next, he attended Barry University for law school and among other things, served as V.P. of the Veterans Legal Society.  Since graduating in 2016, Mr. Sanchez has dedicated his career to helping those charged with criminal matters.  These cases include traffic, misdemeanors and felonies, including trials and post-conviction relief. Mr. Sanchez is the lead attorney in Ticket Clinic’s Kissimmee office, handling cases in Osceola, Polk, Hardee and Desoto Counties.