Our client was arrested and charged with a DUI after suffering a medical episode while driving and crashing into a tree, then hitting a house. At the hospital, a "Drug Recognition Expert" believed our client was under the influence of marijuana. However, the officer did not complete a Drug Recognition Evaluation in order to determine what, if anything, was actively impairing our client's faculties. Our client, a medical marijuana user, freely admitted that they had legally used marijuana approximately 24 hours prior to driving. Even being a "Drug Recognition Expert", the officer placed our client under arrest for her medical episode.
Upon reviewing the facts of the case, our attorneys filed a Motion to Suppress evidence on the grounds that the "Drug Recognition Expert" officer did not have the requisite suspicion to ask our client to submit to Field Sobriety Exercises, nor the requisite probable cause to arrest our client based on the totality of the circumstances.
The State pursued prosecution against our client. Our attorney, using the relationships that have been cultivated with the State based on reputation and respect, explained, in great detail, why the State legally could not prove the case against our client.
Taking everything into consideration, the State offered to amend our client's DUI charge to a civil Careless Driving citation with no criminal conviction, no civil conviction, no points, and minimal sanctions.
The Client was stopped for swerving and almost hitting other traffic. Once stopped it was discovered that she had her 3 year old son in the vehicle. Upon smelling the odor of alcohol on the Client she was immediately ordered out of the vehicle and asked to complete DUI sobriety exercises. After doing the exercises the Client was arrested for DUI but refused to give a breath sample. The Firm immediately ordered the video for the Client’s DUI stop. The video showed that the Client did exceptionally well on the exercises. The Firm argued to the State Attorney that the Officers likely over-reacted to the fact that there was a child in the vehicle and arrested the Client on very little evidence of DUI. The State refused to drop the DUI charge. The Firm set the case for trial and shortly before trial the State finally agreed to drop the DUI charge.
Our client was involved in a traffic crash on February 12, 2021. When officers arrived, they noted that they observed our client to have slurred speech, an odor of alcohol on her breath, and that she was incoherent. When questioned by officers, our client admitted to consuming a bottle of pink moscato approximately 30 minutes before the accident. During the DUI investigation, officers alleged that our client displayed horizontal gaze nystagmus in both eyes, was unable to keep her balance, swayed while standing, and was unable to follow instructions. After completing the investigation, she was placed under arrest and agreed to provide a sample of her breath to determine the alcohol content of her breath. After the results of this test showed that our client did not have any alcohol in her system, officers requested that she provide a urine sample to test for the presence of controlled substances. The urine test revealed the presence of several controlled substances and our client was charged with DUI causing property damage. The Public Defender assigned to her case filed several motions to suppress, but never attempted to have the result of the urine screening suppressed. After observing, the Ticket Clinic attorney litigate another case while she was waiting for her public defender to address her case, she decided to hire our firm to represent her. Within 2 weeks of hiring our office, the Ticket Clinic attorney was able to convince the state to drop all criminal charges against her because the officers did not have probable cause to request a urine sample, and without the urine sample, the State of Florida had no evidence showing that our client was impaired at the time of the crash.
The Client was found asleep in his vehicle in the middle of the roadway. Law enforcement began a DUI investigation, but the Client refused to cooperate and did not perform sobriety exercises and refused to give a breath sample. The Client's was arrested prior to the pandemic and as a result was unable to go to a jury trial for more than 1 year. During the time that the Client was waiting to go to trial the State refused to dismiss the DUI charge. However, when the case was ready to be set for trial, the State finally agreed to dismiss the DUI charge.
Police were called to the scene of an apartment complex in reference to an impaired person getting into a vehicle. Once the police arrived on the scene they made contact with the driver of the vehicle, who was actually not impaired and was driving the Client home. Subsequently the police left and the Client then attempted to drive his vehicle again. The previous designated driver for the Client then called law enforcement to inform them of the problem. Law enforcement had yet to leave the scene and made contact with the Client. The Client appeared impaired and submitted to sobriety exercises. After the exercises the Client was arrested for DUI and transported to the Breath Alcohol Testing facility, where he refused to provide a breath sample. The Firm conducted an investigation into the case and argued to the Assistant State Attorney that the stop of the Client's vehicle was somewhat weak. This fact combined with the fact that the Client had a lack of prior criminal history led the State to agree to dismiss the DUI charge.
The Police conducted a traffic stop of the Defendant’s vehicle for not having brake lights and noticed the strong smell of burnt cannabis within the vehicle. The Defendant admitted that he had some marijuana and a pipe on him. The officer arrested the Defendant for possession of a controlled substance. The attorney for the firm investigated the case, and was able to get the Defendant into a drug treatment program. Upon completion of the program, the attorney for the firm was able to get the prosecutor to drop the case completely.
While following the defendant’s vehicle, the officer witnessed it changing from lane to lane without signaling. The officer also witnessed the defendant\'s vehicle almost hit a post on a bridge and nearly hit a car when stopping at a red light. The defendant was stopped by the officer and admitted to taking sleeping pills. The defendant submitted to sobriety tasks and during the walk and turn she paused to regain her balance, stepped off the line 2 times and used her arms to balance. During the one leg stand she used her arms for balance and swayed from side to side. She also put her foot down on more than one occasion. When asked to recite the alphabet, she did not close her eyes as instructed several times and stated H, H, Y, U, B, Z. During the finger to nose task she did not keep her eyes closed as instructed, failed to return her arms to her side and used the wrong hand as well as the wrong finger as instructed. The defendant\'s vehicle also had yellow paint on it and when asked about it, she told the police officer that “I hit a pole”. A urine test was conducted, the sample came back positive for Cocaine and Lorazepam. Result: DUI Charge was dismissed.
The client was charged with DUI after being stopped for swerving his vehicle across the roadway and almost hitting surrounding vehicles. The officer observed an odor of alcohol and marijuana in the vehicle and found marijuana in the vehicle as well. The client was asked to submit to sobriety exercises which he performed well. The officer arrested the Client anyways and had him submit to a breath sample, which resulted in a negative reading. The client was then asked to submit to a urine test, which showed multiple drugs in the clients system. The client also admitted to being impaired at a 5 on a scale of 1 - 10. The firm set this case for trial multiple times over the course of the pandemic based on the fact that the video of the client looked good, despite the evidence that he was under the influence of drugs. The State consistently refused to dismiss the DUI on multiple instances. Finally, when the case was set to have a trial date, after almost four years, the state dismissed the DUI and the possession of marijuana charge.
The Defendant was involved in a rear end accident and allegedly did not remain at the scene after attempting to drive away. Due to traffic in the area and the other party getting her license plate number, she was located.
Upon making contact with the Defendant, a Police Officer observed signs of impairment including the strong odor of an alcoholic beverage coming from her breath. The Defendant performed field sobriety exercises poorly and was arrested for DUI. The Defendant was charged with DUI and Leaving the Scene of an Accident. The Defendant refused to submit to a breath test after the arrest.
Result: Based on information provided to the State by the firm, the State dropped both the DUI and leaving the scene charges.
Our client was arrested for Burglary, Felony Battery, and a violation of Pre-Trial Release. For these charges, our client was facing life in prison if the State could prove the case. Because of the seriousness of the charges, the client would have been incarcerated until the date of his trial. After several months of negotiating with the State to no avail, the firm's attorney had insight to file a motion to dismiss and set the case for trial seemed to move the needle. However, for a couple months the State would not budge in wanting to send the client to prison for a substantial amount of time. After realizing the State's position, we elected to Demand a Speedy Trial. This strategic decision leveraged the State in making them prove the case within 45 days of the Demand. They could not do so, and the State dropped the case on January 13, 2022 allowing our client to avoid a life sentence.
The defendant was pulled speeding and blew .079 and .064. DUI charge dropped.
Our client was found asleep in her vehicle on the side of the road near her ex-boyfriend's house after his mother called the police to report her for stalking. As officers approached the vehicle, they found her asleep in the driver's seat with the engine off and arrested her for Driving Under the Influence after our client refused to participate in a DUI investigation. The Ticket Clinic attorney filed a request for a formal review hearing with the DMV to challenge the suspension of her license. At this hearing, our attorney was able to pin the officers down on their story before their testimony could be coached. During this hearing, our attorney was able to get the officers to admit that they did not have any reason to suspect our client of DUI when they initiated what they referred to as a welfare check on the vehicle. Our attorney prepared a motion to suppress, arguing that because the officers did not have any reason to suspect our client of DUI and because she was alert in the vehicle and responded to the officers welfare check, they had no reason to continue the investigation or order her out of the car. As a result of our efforts, the State changed the charge from DUI to Reckless Driving and our client received a withhold of adjudication which will allow her to seal and expunge this case from her criminal record.
