Facts: The defendant was driving his car when he was stopped by a police officer. He was charged with driving on a suspended license due to a driving under the influence suspension. The firm took the deposition of the stopping officer on the case where the firm was able to reveal information which resulted in a Fourth Amendment violation. The firm notified the State Attorneys Office and the charges were dismissed.
The defendant was pulled over for having the windows on her vehicle tinted too dark. The deputy approached the vehicle and smelled the odor of burnt cannabis emanating from the vehicle. The defendant was asked out of the vehicle and as she was exiting the vehicle she attempted to discard a baggie of marijuana from her purse in the presence of the officer. The defendant was cited for Possession of Marijuana and was cited for Driving while License Suspended after admitting her license was, in fact, suspended. After the Firm’s investigation of the State’s evidence, the State dropped all charges.
On March 1, 2008 a civilian witness observed the defendant asleep at the wheel in Hollywood, Florida. The civilian then saw the defendant drive off the road and run over a curb ultimately stopping in a parking lot. The DUI investigator witnessed the defendant asleep at the wheel, with his foot on the break and with the engine running. The DUI investigator noticed the defendant to have the odor of an alcoholic beverage, bloodshot watery eyes; a flushed face and slurred speech. The defendant performed roadside sobriety exercises and did so poorly. The defendant was arrested and refused to submit to the breath test. The Firm filed a motion to Suppress the defendant’s Refusal to Submit to the Breath Test. Prior to the hearing for that Motion the State Dropped all DUI charges.
The defendant was charged with Driving Under the Influence of controlled substances. She was seen by a civilian witness driving at a high rate of speed behind him. He thought she was going to crash into him and then at the last minute, she swerved around him. The citizen, who testified at the trial, then called 911 and said she was swerving all over the road and riding on both sides of the street. He also saw her almost crash her car three times into other vehicles. She then came to a stop in the middle of an intersection when an officer turned on his lights to find out why she was stopped and impeding all of the east and westbound traffic. The officer then asked her if she was ok and she said “I think so.” After moving her car, the defendant was approached by another officer and he testified that her speech was sluggish and her movements were lethargic. She admitted the officer to taking numerous medications. The defendant performed poorly on the roadside exercises according to the officer and he arrested her for DUI. At the BAT facility, the defendant was confused as to the date as well as where she was. When asked, she said she was on Congress or Military when she was actually on Dixie Highway. Additionally, she admitted to taking Phenobarbital in the morning and a painkiller the night before. She consented to a urine which came up positive for Phenobarbital, Propoxyphene, Norpropoxyphene and Citalopram. A toxicologist also testified for the state who gave an opinion as to what types of effects Propoxyphene and Phenobarbital can have on the body. Result: Not Guilty
The defendant was seen by an officer speeding and driving recklessly by an officer. The defendant was seen weaving in and out of traffic at speeds in excess of 90 mph in a construction zone. The officer made contact with the defendant and noticed the defendant to have an odor of an alcoholic beverage about his breath; bloodshot watery eyes; slurred and mumbled speech; and a flushed face. The defendant was placed into handcuffs upon exiting his vehicle and was transported to two separate locations for roadside sobriety exercises in marked police units. The defendant performed poorly on roadside exercises and blew a .166/.165 g/210L on the intoxylizer. The Firm brought Motions to Suppress the Unlawful arrest and Roadside Exercises based on the illegal use of the handcuffs upon the defendant when he exited the vehicle. The Motion was granted and all evidence of the DUI was suppressed. The State dropped all DUI charges
An Officer responded to a call by a security guard that an individual was seen entering a liquor store having trouble walking and almost fell over as he exited his vehicle. Upon the officer’s arrival, he observed the defendant being detained by the security guard. The defendant was sitting in the driver’s seat of his vehicle with the engine running and reverse lights on. When the officer made contact with the defendant, his eyes were bloodshot and glassy, he smelled of alcohol and his speech was slurred. The defendant admitted to consuming whiskey and some oxycodone and morphine within the past hour. After continuing to observe the defendant’s behavior, a DUI unit was called to conduct an investigation. The DUI officer observed the same observations of the initial officer on the scene regarding the defendant’s appearance, odor and speech patterns. The defendant also was very unsteady on his feet, staggered and swayed as he stood. The officer requested the defendant perform field sobriety exercises, which the defendant agreed. The defendant performed alternative tests due to his physical disabilities. The defendant was read his Miranda rights, which he waived, and then asked to count backwards from 100 to 75 with his eyes closed and head tilted back. The defendant exhibited multiple clues of impairment including swaying, eyes not remaining closed and improper recitation. The defendant’s counting was highly erratic, out of sequence and did not stop at 75 as requested. The defendant also performed the ABC test, which he had to lean on the Officer’s vehicle to complete. The defendant was arrested for DUI. He agreed to perform a breath test, however did not supply the required volume of air. He was considered a physical refusal for not following the breath technician’s instructions. The defendant also submitted urine to test for medications which could cause impairment based on his admission to taking morphine and oxycodone. The case was set for trial, and on the morning when the jury was to be selected, the State dropped the DUI charge.
The defendant was traveling northbound in her vehicle and was stopped for failing to dim her headlights. The officer noticed that the defendant had glassy and bloodshot eyes, was crying and could not find her registration after passing it over several times. She admitted to drinking and was unstable on her feet. Her movements were slow and she had a strong odor of an unknown alcoholic beverage on her breath. She told the officer that she had 2 Vodka drinks and lived “right down the street.” She performed poorly on the roadside exercises and was arrested for Driving Under the Influence. While at the Breath Alcohol Testing Facility she refused to give a sample of her breath to determine the alcohol content. The firm filed a motion to suppress alleging that the officer stopped the defendant illegally and violated her constitutional rights to be free from unreasonable searches and seizures. Result: The State agreed and dismissed all the charges.
The defendant was seen by an officer driving on the wrong side of the road on Sheridan Street in Hollywood, Florida. The officer attempted to initiate a traffic stop upon the defendant’s vehicle but was ignored by the defendant for several blocks. Upon making contact with the defendant, the officer noticed the defendant to have an odor of an alcoholic beverage, bloodshot eyes, a flushed and red face and stuttered speech. A DUI investigator was called to the scene and confirmed the first officer’s observations. At that time, the DUI investigator administered roadside sobriety exercises and the defendant performed poorly. The defendant refused the breath test despite being warned about the suspension of his driver’s license. All DUI charges were dismissed.
A Tampa police officer was traveling in the left lane of Bruce B Downs Blvd when he observed a vehicle 3 cars ahead of him drifting on and off the left lane marker. The vehicle then overcorrected back into the left lane and abruptly changed into the right lane. The vehicle was then observed following another vehicle too closely while drifting from side to side. The vehicle then drove on the left lane marker for about 10 seconds. The vehicle was stopped for suspicion of DUI. The officer upon making contact with the defendant, noticed a distinct odor of alcoholic beverages and bloodshot eyes. As the defendant exited the vehicle, it began to roll backward about 3 feet. The defendant did not realize this until it was pointed out by the officer. After speaking with the defendant, his speech appeared slurred. The defendant was requested to perform field sobriety exercises. On the walk and turn test, the defendant failed to maintain his balance prior to beginning the exercise, made an improper turn and took an incorrect number of steps before turning. On the One Leg Stand, the defendant swayed while balancing and had to hop to maintain his balance. The defendant was arrested for DUI and refused to take a breath test. Result:The State dropped the DUI charge before the trial.
Facts: Officers in a SUV Task force van observed a vehicle speed by the van at an extreme speed causing the SUV to shake. An officer attempted to catch up to the car which was cutting off other vehicles and weaving in and out of different lanes failing to signal. The vehicle came to a stop at the crosswalk in the intersection. The vehicle then accelerated at a high rate of speed again cutting other traffic off and rapidly changing lanes without signaling. The vehicle was also following other cars too closely. The officer put on the emergency lights at which time the vehicle did not stop. The officer eventually stopped the vehicle and the officer noticed the driver had a strong odor of an alcoholic beverage coming from him as well as the smell of a burning engine or brakes. The driver appeared confused when being asked for his drivers license and even picked up some money and gestured towards the officer with it. The driver had slow dexterity, had trouble keeping his balance while walking and his eyes were very sleepy looking. There was a ½ empty bottle of Cognac in the back seat with wet empty cups. The driver told the officer: “I had like three drinks man. Please, Please, Please let me go.” The driver was subsequently arrested and taken down to the breath alcohol testing facility where he gave 2 adequate samples of his breath which were a .228 and .228. After finding out that the arresting officer in the case was accused of misconduct (unrelated to the arrest of this driver), the firm was able to get the charges dismissed.
The defendant struck another vehicle from behind which was stopped at a red light. The driver of the first car testified that the defendant got out of the car and said “It’s my fault, I’m wrong.” The defendant also stumbled out of his vehicle and lost his balance as he got out of the car. The defendant also said that he was “getting a limo from now on.\" The State of Florida introduced a 911 tape where the victim stated \"I just was in an accident and I think the guy is drunk and trying to leave.\" The officer arrived on scene and said he could smell an odor of alcohol on the defendant and his speech was slow and sluggish. The defendant could not put his feet together on the one leg stand, did not walk heel to toe, did not count out loud and lost his balance numerous times. He took fifteen steps instead of the requested nine. During the one leg stand, the defendant began the task too soon, lost his balance and had to be caught by another officer on scene so that he would not fall to the ground. The defendant tried the task again but lost his balance and refused to finish the task. During the Finger to nose, the defendant would not keep his feet together and left his left eye open. He also raised the wrong hand when instructed. During the Alphabet task, the defendant did not recite it correctly and kept his left eye open instead of closing them as instructed. After being arrested for driving under the influence the defendant refused a breath test. The jury deliberated for less than fifteen minutes. VERDICT: Not Guilty
Client was traveling down the 408 at a speed of 115 mph. The speed limit in that area is 55 mph. An officer got behind him and paced him for a quarter mile. He was stopped and asked how fast he thought he was going. He said “90”. He then said, “I’m from Miami, we drive fast”. He was arrested for reckless driving. On the day of trial, the State dropped the criminal charge.
