Our client was arrested and charged with a second DUI after he was found to be driving the wrong way on Interstate 4 near Orlando. Officers made contact with him and he refused to complete Field Sobriety Exercises. After he was placed under arrest, he submitted to a breath test with a result of .255, over 3 times the legal limit. Upon review of the evidence, our attorney filed a Motion to Suppress evidence, based on the grounds that our client was subject to an unlawful traffic stop and was not properly informed of the potential consequences of refusing to complete the Field Sobriety Exercises. Prior to a hearing on our Motion to Suppress, the State offered to allow our client to plea to a reduced charge of Reckless Driving and avoid a conviction.
The client was stopped for speeding. Once stopped the officer believed the defendant was impaired by alcohol and asked the client to submit to sobriety exercises. The client performed well but was still arrested for DUI. After a long amount of time passed the client submitted to a breath sample that was more than 3 times the legal limit. The firm immediately requested the video in the case. It was argued to the Assistant State Attorney that the DUI should be dismissed as a result of the conflicting evidence presented by the good sobriety exercises, and the high breath sample. After the trial in the matter was delayed several times due to the pandemic, that State finally agreed to dismiss the DUI.
The client called our office for an very unusual issue regarding his past DUI. In what appeared to be a clerical error, a warrant was issued for our client on a Violation of Probation, 13 years later. Our client was booked in on that warrant in South Florida. Surprisingly, the arresting agency issues another warrant based on a different clerical error. On November 3, 2021, The Ticket Clinic's team was able to have the warrant(s) address, and dismiss any outstanding warrants that would potentially harm our client. This was a rarity, as it was done in chambers without a adversarial hearing. Our client was able to gather the supporting documents of his past probation, and we expect to have underlying VOP dismissed in addition to the warrants being recalled.
Our client reached out The Ticket Clinic after hearing about his success with firearms cases. He was facing a 3 year prison offer, an overreaching and illegal designation as a prison re-release offender, and a gang affiliation designation with the local law enforcement offices for carrying a concealed firearm without a license. He case was almost 3 years old before we got on board. Our attorney was able to look at the case and file a dispositive Motion to Dismiss and a Motion to Suppress. In this limited circumstance, the judge was willing to hear the motions and allow our office to take the case to trial at the same time. In less than six months, the State dropped the felony gun charge the eve of trial.
Our client was facing 2 years in the department of corrections followed by a lengthy probation for his alleged 4th DUI. Without speaking to the State, we set this case for trial and we drafted a detailed Motion in Limine to prepare for our clients day in court. On the eve of trial, the State amended their offer to reduce the felony to a misdemeanor and remove the period of incarceration at the department of corrections.
Our client was cited erroneously by an Officer. While roadside, the client produced the required documentation for driving on a foreign license in Florida. Despite following the law, the officer still cited our client with a criminal citation exposing him to a jail sentence. After reviewing the body cam and producing the same documents to the State with a proposed Motion to Dismiss, the case was dropped.
Our client was arrested for domestic battery against his adult son. Our own investigation revealed that the son was the aggressor after a discovery of extreme bias. If we had not pursued the evidence needed to exonerate our client, and without knowing the nuances of the criminal investigation, this case could have dragged on for months. Due to the evidence that we were able to obtain and by leveraging a bond hearing to explain the true facts of the case, Ticket Clinic lawyers were able to get the case dropped by the State Attorney's office quickly, before the first docket call!
On October 19, 2020, the Defendant was found sleeping in his car parked at a weigh station off I4. Deputies arrived on scene and awoke the Defendant. Florida Highway Patrol was investigating a single vehicle crash when the Trooper was advised the vehicle had entered the weigh station prior to being located by the Sheriff Deputies.
The Trooper took over the investigation and took the Defendant into custody for a DUI investigation. The Defendant advised that he believed he had stopped at a rest area and was trying to return to his home in Davenport. The Defendant performed field sobriety exercises which showed indications of impairment. The Defendant was arrested for DUI. While searching the car post arrest, an open package of edible THC gummies was located. The Defendant advised he had purchased the gummies from an anonymous source and did not have a medical marijuana card. The Defendant was charged with felony possession of controlled substance and DUI. The Defendant provided a breath sample of .113 and .112.
Results: The felony charge was dismissed by the State, and the DUI charge was dropped prior to a motion to suppress hearing.
The Defendant was originally stopped for speeding. The Deputy stated he immediately smelled the odor of alcoholic beverages on the Defendant’s breath. The Defendant admitted to having 2 Vodka drinks while at a nightclub. The Defendant performed all field sobriety exercises and refused to submit to a breath test. A jury found the Defendant not guilty after deliberating for 10 minutes.
Without counsel, our client entered a plea to driving under the influence while incarcerated at the Duval County Jail. English is not his first language and he was still under the affects of his night of drinking. However, the Judge accepted his plea. He then hired the Ticket Clinic to withdraw his previously entered plea. The plea was withdrawn by the Judge. The TTC Attorney argued the weaknesses of the case to the prosecutor. The State agreed to reduce the charge to Reckless driving, no conviction, terminate probation after a month, since all conditions were completed prior to entering the plea.
Friday night, around midnight, two juveniles, in adjacent lanes, one driving a Black Mustang, another driving a 2020 Chevy Pickup truck, rapidly accelerated from a traffic signal. The vehicles reached speeds approaching 75mph. Police conducted a traffic stop. The juvenile hired the Ticket Clinic to defend his case. After several negotiations, the prosecutor agreed to drop the case if the juvenile completed a traffic school. The school was completed and the case was dismissed.
Our client was involved in a motor vehicle accident in which his car allegedly collided with that of an off duty Sheriff's Office 911 dispatcher. During the aftermath of the accident, our client allegedly got into a verbal altercation with witnesses and fled the scene. Officers alleged that when our client returned to the scene, he struck the vehicle of a Police Department service aide, who was on the scene completing the initial crash investigation. Witnesses on the scene alleged that our client appeared to be impaired by an unknown substance and that he was unsteady on his feet and slurred his speech. Officers arrested our client for Driving Under the Influence and transported him to the Breath Alcohol Testing center, where he performed field sobriety exercises on video for courtroom presentation. Despite the fact that our client informed officers that he was permanently disabled, officers did not permit our client to use his cane while performing the exercises and failed to offer him alternative exercises appropriate for someone with a permanent disability. Our client provided a breath sample that showed he had no alcohol in his system. Determined to pin this case on our client, officers ordered him to provide a urine sample, which tested positive for his prescription medication for arthritis and a seizure disorder as well as Benadryl. The Ticket Clinic's attorney was able to convince the prosecutors that because Benadryl is not a controlled substance and the controlled substances that were in his system would stay in his system for 2-3 days after consumption, they would be unable to eliminate Benadryl as the sole cause of impairment to show that our client was impaired by a controlled substance at the time of the crash. Our attorney set the case for trial and dared the State to prove its allegations. The State Attorney's office was forced to drop the three separate DUI charges and our client received a withhold of adjudication on the reduced charge of Reckless Driving, which will allow him to apply to FDLE to have this case sealed and expunged from his record.
