The Defendant drove his vehicle behind closed businesses located in Plantation, Florida. Fearing for the safety of those businesses, Officer Santy of the Plantation Police Department followed the Defendant. Upon coming into contact with the Defendant, the Defendant was standing by the driver’s side of his vehicle changing his clothing. The Defendant had the odor of an alcoholic beverage, bloodshot eyes, slurred speech, and was acting with a sleepy and lethargic demeanor. The Defendant also appeared to be disoriented as to the time and his location and could not remember the name of the restaurant he was coming from. The Defendant was asked to do roadside sobriety exercises and performed poorly. The Defendant then submitted to the breath test, which registered .115/.109 g/210L on the intoxilyzer. The State dropped all DUI charges
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.
The Defendant was seen by a member of the Broward Sheriff’s Office DUI Task Force driving over the concrete median separating the eastbound from the westbound lanes of Broward Boulevard. Upon making contact with the Defendant, the Deputy detected the odor of an alcoholic beverage, glassy eyes and a flushed face. The Defendant admitted to taking Xanax and consuming one beer and a glass of wine. The Defendant performed poorly during roadside sobriety exercises and refused the breath test. The State dropped all DUI charges upon sitting for a jury trial on the matter.
The defendant was stopped for doing 32 mph in a 20 mph zone in downtown Jupiter. The officer noticed the defendant had bloodshot, glassy eyes and his speech sounded slurred. He also noticed a strong odor of an unknown alcoholic beverage coming from his breath as he spoke. The defendant stated he was coming from Jumby Bay Bar and that he drank 4 or 5 beers. The defendant was moved across the street, questioned and then submitted to field sobriety exercises. During the questioning, he spoke with a slur and the officer asked “do you normally talk with a slur?” The defendant stated “no I don’t.” During the walk and turn, the defendant was told to count to nine on the first steps and he counted “1,2,3” “1,2,3” “1,2,3”, instead of the way he was instructed. On the turn, the video showed the defendant take a stumble backwards almost falling back. During the one leg stand, the defendant counted to 15 one thousand and said “five one thousand”. The defendant was arrested and taken to the breath alcohol testing facility where he refused to give a breath sample when it was requested of him. When asked whether he was drinking he stated he was and that he was at a few different bars. When asked whether he could feel the effects of the alcohol and whether he was under the influence, the defendant paused and then stated: “not particularly”. The firm filed a motion to suppress his statements made to the officer when he moved for the roadsides arguing that he was in custody and was not read his Miranda warnings. The Judge agreed and would not allow the questions and answers into evidence for the trial. On the day of trial, the State of Florida dropped the DUI charge.
The defendant was driving on Camino Real Boulevard when she flipped her vehicle and crashed into a tree on the median. Police Officers arrived from the Boca Raton Police Department and the defendant was bleeding from cuts on her legs. The defendant was alone in her vehicle. She told the police that a cat jumped out into the road and she swerved to miss the cat. She also stated several times to the medics that she had a glass of wine that evening. She refused to go to the hospital. When the officer spoke to the defendant, he noticed that he could smell a strong odor of alcohol coming from her person, her eyes were bloodshot and glassy, and her speech was slurred. Another officer noticed what appeared to be marijuana in plain view inside the vehicle. It did in fact test positive for marijuana. The defendant was arrested and taken to the Boca Raton Police Department. She was told at the station that the officer was now conducting a DUI investigation and asked the defendant to perform roadside tasks on video camera. The defendant refused the tasks even after being threatened that she would additionally be charged with DUI. Subsequently, the officer requested a sample of the defendant’s breath and the defendant refused as well. The Firm pointed out to the State that the officer did not contemplate the charge of DUI until after he had gotten back to the station and therefore, it didn’t seem as though he had probable cause for the charge. The State agreed and dropped the DUI charge as well as the Marijuana Charge.
The defendant was driving on Hypoluxo Road east of Congress Avenue in Boynton Beach. The vehicle appeared to be traveling at a high rate of speed and was in fact traveling 58 mph in a 45 mph zone. The defendant was not wearing his seat belt. The defendant was stopped and the officer approached the vehicle. The officer smelled an obvious odor of an unknown alcoholic beverage coming from the defendant’s mouth. His eyes were glassed and he seemed dazed. He was fumbling around inside his vehicle looking for his paperwork. He produced an expired registration and then a current one. He said that he was coming from a friend’s where he had half a beer and then threw it up. He then said that he does not drink much and should have been wearing his seat belt. He seemed disoriented and told the officer that he takes Abilify, Lexipro and other cholesterol pills. During the walk and turn, he started too soon, pointed his toe in the air and said he “would count like he was in the military”. When he started, he almost fell down and at the ninth step he forgot what to do. He then did an “about face” instead of turning properly and stood there having to be reminded what to do. During the one leg stand, he placed his leg up as if he were placing it on an object and did not look down at his leg. He got to the 10 count and asked “how’s it go now?” During the finger to nose, he proceeded through the cycles with his arms and hands 14 times without being asked to do anything and swayed during the entire task. The defendant was arrested and gave a breath sample of .021 and .021. The officer then requested a urine which turned showed results of Abilify, Lexapro and Cholesterol medications. The Firm contacted the Palm Beach County Sheriff’s Department Crime Lab to discuss the substances that were allegedly in the defendant’s system. After speaking to the toxicologist, the defense drafted a letter to the case filing division advising them that the substances found in the defendant’s system are not “controlled” under Florida Law and therefore the breath reading and urine results would not be enough to establish a prima facie case of guilt. The State agreed and declined to file charges
The Okeechobee County Sheriff’s Office received a complaint in reference to a felony uttering a forged check at a supermarket in the amount of $360. The clerk of the supermarket provided information that the suspect fled in a gray van with Illinois plates. A deputy initiated a traffic stop on a gray van with Illinois plates driven by the Defendant about one mile from the supermarket. Believing the Defendant matched the description of the suspect, the deputy transported the Defendant back to the supermarket for a “show-up.” At the supermarket, the clerk positively identified the Defendant as the person who passed the forged check. The defendant was searched and $360 was found in his pocket. The Defendant remained in jail with no bond because he was not a citizen of the United States. The Assistant State Attorney demanded six months in jail. Defense Counsel drafted legal documents challenging the transportation of the Defendant from the location of the traffic stop to the supermarket. Defense Counsel argued the transportation turned the temporary detention into an arrest prior to the establishment of probable cause, thus violating the Defendant’s Constitutional Rights. Based on Defense Counsel’s argument, the case resolved and the Defendant was immediately released from jail.
The defendant was driving her truck in Boca Raton when she flipped her car, hitting a mailbox and rolling it into a person’s yard. The owner of the home next to where the accident occurred came outside and saw the defendant in the vehicle pounding on the windshield. Fire Rescue arrived and the defendant told them that she was driving and made a turn and lost control of her vehicle. The officer met with the defendant at the hospital where he noticed that her speech was slurred and her eyes were glassy. The officer asked the defendant if she would consent to a blood test and she agreed. The results indicated that she had Diazepam, Nordiazepam, Oxazepam, Temazepam, Carisoprodol, Meprobamate and Oxycodone in her blood. The Firm took the deposition of the Fire Rescue personnel who treated the defendant on the scene and on the way to the hospital. The medic’s story conflicted with the officer’s story who requested the blood from the defendant. The Firm filed a motion to suppress the blood results arguing that the officer did not have probable cause that the defendant was under the influence and therefore had no right to request it. The Firm listed the medic as a witness for the defense and he was prepared to testify at the motion to suppress. On the day of the motion, the State of Florida dropped the DUI charge.> 1
The Defendant was charged with his second DUI within 5 years of a prior conviction, which is punishable by a mandatory jail sentence and 5 year drivers license revocation. The Defendant was stopped by Deputy Sheriff Sebest of the Broward County Sheriff’s Office for driving with the music being played too loud. Upon making contact with the Defendant, the Deputy observed the odor of an alcoholic beverage, bloodshot eyes and slurred speech. The Deputy then noticed an open container of Gin and BVD Beer in the passenger compartment of the Defendant’s vehicle on the front seat. The Defendant then began to urinate in his pants while speaking to the Deputy and became very aggressive. The Deputy was unable to administer roadside exercises as a result of the Defendant’s aggressive behavior and inability to balance. The Defendant was arrested and submitted to the breath test, which resulted in readings of .161 g/210L and .164 g/210L, over twice the legal limit. The firm filed a Motion to Suppress Unlawful Arrest as the Deputy never saw the Defendant behind the wheel of the vehicle. Prior to the hearing on the Motion to Suppress the State conceded the motion and dropped all DUI charges.
The Defendant was stopped at the intersection of I-95 and Sheridan with a cat on her lap. The Defendant proceeded through the green light and the cat jumped out the window of her moving vehicle. The defendant stopped her vehicle and left her vehicle unattended in a lane of traffic with the hazard lights running. A police cruiser then crashed into the rear of her unattended vehicle while she chased her cat. Upon her return from looking for the cat, a DUI investigator noticed that she had the odor of an alcoholic beverage on her breath, bloodshot eyes, slurred speech, and that she was unsteady on her feet. A DUI investigation ensued and the Defendant performed poorly on roadside exercises on video. The Defendant was arrested for DUI causing property damage and submitted to the breath test resulting in readings of .153g/210L and .152 g/210L. During the Firm’s investigation of this case, the Firm discovered that a video existed reflecting a conspiracy between 5 officers on the scene to unlawfully blame the Defendant for crashing into the officer in order to protect the officer from any civil liability or Departmental discipline. The video the firm found also shows the each of the officers indicating that they would submit false reports, perpetrate a fraud upon the court, suborn perjury and falsify sworn documents. The firm also was able to demonstrate that officers fabricated the entire accident investigation and facts surrounding the initial contact with the client, manufactured false evidence to fit their facts, tampered with evidence and committed perjury. All charges were dismissed after our investigation of this case. This case also garnered national media attention and was featured live on the NBC Today Show, CNN, Inside Edition, Fox News and MSNBC as well as local news outlets
The Defendant was charged with Driving Under the Influence of Controlled Substances Causing or Contributing Injuring to Person or Property. The Defendant was seen driving slowly and speeding up, not letting the victim pass him. The victim then drove around him and into a different parking lot, rounded a curve and the defendant was in the wrong lane in the parking lot. The defendant crashed his vehicle into the defendant’s vehicle according to the victim. The victim testified that the defendant got out of the car yelling and screaming and slurring his words. He seemed impaired and did not have his “wits about him”. A police officer showed up and saw that the defendant’s eyes were glassy and somewhat bloodshot. He seemed uncoordinated and his speech was slurred. He was very slow in his movements and seemed lethargic. He admitted to taking Alprazolam and handed a bottle of the pills to the officer. There were 16 pills in the bottle which had been filled the day before for 30 pills. During the walk and turn exercises, he lost his balance when he started the task, did not walk heel to toe 5 of the steps and had to be reminded what to do halfway through the task. During the one leg stand, the defendant put his foot down two times and counted to 19 and then said “30”. During the finger to nose task, the defendant held his finger on his nose for a period of about 13 seconds before the officer told him that he was supposed to return it to his side. He then missed his nose on 4 more occasions. The Defendant was arrested for driving under the influence of a controlled substance and was taken to the Breath Alcohol Testing Facility where he agreed to a urine test. The Defendant’s urine came back with Alprazolam and Marijuana in it. The State called a forensic toxicologist to testify who made an opinion that what she witnessed on the video was consistent with someone who would be impaired by Alprazolam and marijuana. The Defense called the defendant’s father who testified that the defendant had taken 14 pills out of his prescription bottle because he was going on a camping trip the next day for 2 weeks. Additionally, the defendant took the stand also to not only tell his side of the story, but so the jury could hear the way in which he spoke as it was similar to the way in which he sounded on the video. The jury returned a verdict of not guilty of Driving Under the Influence Causing or Contributing injury to person or property.
The Defendant was driving southbound in the left lane on the Florida turnpike going 40 mph in a 70 mph zone. Other vehicles had to go around her in the passing lane due to her speed. Additionally, she was swerving over the marked solid yellow lane line as well. After being stopped, the officer immediately noticed a strong odor of an unknown alcoholic beverage emanating from the vehicle as she spoke. Her eyes were red, bloodshot, glassy and watery. Her speech was thick and slow and her movements were slow and lethargic. She was asked to perform roadside exercises and consented. During the walk and turn, she swayed side to side. She never walked heel to toe on any steps and at the end she turned around two times. Additionally, she walked backwards down the line instead of forwards. During the one leg stand, she started before being told to, and could not keep her leg up. After performing poorly on the finger to nose exercise as well, the Officer placed her under arrest for DUI. An opened, half full 24 ounce beer can was found in the vehicle after she was arrested. She admitted that she had a beer at home as well. She was transported to the Breath Alcohol Testing Facility where she was observed by the officer for 20 minutes prior to having giving a breath sample. The Defendant gave a breath sample of .081 and .083. The Firm was successful in getting a court order to enter the Breath Testing Facility with a private investigator to take photographs of the holding cell and room in which the observation period was done. The Firm filed a motion to suppress the breath results alleging that the Officer placed the defendant in the locked holding cell for a substantial portion of the 20 minute observation period and therefore the State of Florida did not substantially comply with the Florida Administrative codes prior to requesting a breath sample because the officer (based upon the pictures taken by the Firm’s private investigator) could not have heard her burp or regurgitate or seen her possibly place something in her mouth. On the day before trial, the State dropped the DUI.
