On 03/18/21, at 0416 hours, Hillsborough County Deputy responded near the intersection of Dale Mabry Hw / County Line Rd Lutz, FL 33538. Upon arrival, he observed the driver (sole occupant), leaned against the trunk of his gray Honda sedan. The Deputy met with another Deputy and learned he made contact with the Driver on a traffic stop in reference to a reckless driver call for service and observed indicators of impairment. Upon making contact with the Driver, the Deputy introduced himself. While speaking with the Driver, he immediately advised he was not driving and should not be under investigation for DUI. The Deputy observed signs of impairment to include bloodshot, glassy eyes, slurred speech, unstable balance, and detected the odor of an alcoholic beverage on his breath. The Deputy requested the Driver perform Standardized Field Sobriety Exercises and he refused. The Deputy advised the Driver that Standardized Field Sobriety Exercises are voluntary, and that the exercises confirm or dispel any suspicion of impairment. However, if he refused to perform the exercises, the Deputy would have to conclude the investigation and base his decision on the totality of the circumstances. The Deputy also advised Driver that refusal to perform Standardized Field Sobriety Exercises is admissible as evidence in a criminal proceeding. The Driver again refused to participate in Standardized Field Sobriety Exercises. Based on the totality of the circumstances, the Deputy determined the Driver was impaired to the extent his normal faculties were impaired. He placed the Driver under arrest for Driving Under the Influence (DUI). A query of the Driver in the Driver and Vehicle Information Database showed he had a prior conviction for DUI with a disposition date of 03/10/10. The Driver’s license was suspended for 12 months for refusal to submit to a breath test.
Results: The firm filed a request with the DHSMV for a formal review hearing to contest the 12 month administrative suspension. After the hearing, the suspension was invalidated.
Client was involved in a single vehicle incident and transported to the hospital. While at the hospital, he was read "Implied Consent" by law enforcement, informing him that if he did not submit to a blood test, his driver's license would be suspended. Based on that information, client agreed to provide a blood sample. Months later, after the blood results were received by law enforcement, our client was officially charged with a DUI.
Upon review of the case, our attorneys filed a Motion to Suppress the blood request and results based on Florida's Implied Consent Law. The Implied Consent Law only requires a breath sample or urine sample be provided, except when certain criteria are met. In our client's case, those criteria were not met, so asking for a blood sample was improper by law enforcement. Based on the case law provided by our attorney, and the testimony at the hearing, the Judge ruled that the blood request, and results would not be admissible in any trial against our client. Without any evidence to prove that our client was impaired, the State dismissed the case.
Our client was found asleep in her car on the shoulder of the road in a residential area. Once Ticket Clinic attorneys took over the case, we began preparing our defense and having aggressive negotiations with the State Attorney's office. Ultimately, the State agreed to drop the DUI charge and we were able to seal this case from our client's criminal record.
The defendant was stopped for driving off the roadway on two occasions and failed to maintain a single lane. The officer detected a strong odor of alcohol on the defendant's breath, bloodshot, watery eyes and slurred speech. The defendant failed roadside sobriety exercises and blew a .117 on the intoxylizer. Case Dismissed.
A police officer responded to a call from a citizen regarding a person who was in a vehicle in a parking lot and was attempting to start an already running vehicle. The officers made contact with the driver and noticed signs of impairment. Exercises were performed poorly on video. The driver was arrested and later refused a breath test. DUI charge dropped.
The Client was arrested on a warrant in 2020 for allegations of a hit and run accident involving a child in the street from 1997. The Client was unaware what the warrant was referring to and was shocked to find out there was a warrant out for his arrest. The Firm was retained to handle the matter and immediately investigated why the Client had a warrant out for his arrest. The Firm discovered that the Client was wanted in reference to a hit and run investigation from 1997 involving a child in the street on his bicycle. However, the evidence in the file indicated no one actually witnessed the Defendant in any way in reference to the accident, and the State never tried to even find the Client to serve the warrant upon him. The Firm researched the relevant case law and decided to file a motion to dismiss the case based upon the Statute of Limitations, which had expired. The Firm filed the motion and after reviewing the matter the State agreed and dismissed the case entirely.
Our client was stopped for green neon lighting under his wheel wells and green neon tail-whip antennas. He was charged with unsafe equipment and had an suspended license. A motion to suppress for an invalid traffic stop was drafted. The argument presented was that only blue and red colored neon was unsafe. All other colors of neon are legal. The ASA dismissed the case.
Our client was clocked at 105 mph on the Florida Turnpike. After stopping the vehicle, the Trooper noticed the odor of alcohol coming from with the vehicle and saw 3 empty beer cans in the car, and 4 that were unopened. Other physical signs of impairment were also observed according to the Trooper. After completed roadside exercises, our client was arrested. At the police station, our client fell asleep. The Trooper asked our client for a breath test, and he refused. Ticket Clinic lawyers set the case for a jury trial. After deliberations, the jurors could not reach a unanimous verdict, and a mistrial was declared. Ticket Clinic lawyers took the case to trial a 2nd time, this time obtaining the desired verdict, NOT GUILTY just after 8 PM!
Our client, a 19 year old, was charged with Aggravated Assault on a Law Enforcement Officer, Fleeing or Attempting to Elude, and Reckless Driving. Aggravated Assault on a Law Enforcement Officer is a charge that carries a mandatory prison sentence of 3 years. We were retained prior to the State filing charges against our client. Our attorney immediately contacted the Office of the State Attorney, and explained to them that the facts as presented in the Warrant for our Client's arrest did not support the charge of Aggravated Assault on a Law Enforcement Officer. However, the State filed that charge anyway. Over the next few months, our attorney worked diligently to show the State that they could not prove the charge. Depositions were scheduled in order for the State to hear, from their own alleged victim, that the charge was not supported. Prior to the taking of depositions, our attorney highlighted the specific facts in the alleged victim's statement to the prosecutor assigned. The State dropped the charge. Our attorney went one step further. Utilizing the law, our attorney was able to ensure that our client did not become a convicted felon, even though Fleeing or Attempting to Elude requires a mandatory adjudication of guilt. Our attorney's diligence, and knowledge, prevented our client from becoming a convicted felon on his first offense, and convinced the State to drop a charge that carried mandatory prison.
Our client was facing a lengthy jail sentence after being accused of her 4th DUI within a 10 year period. In addition to the DUI, she was charged with Refusal to Submit to Testing and Resisting Arrest without Violence. After discovering some strong legal issues for our defense, Ticket Clinic lawyers filed a Motion to Suppress evidence. This filing proved to be successful as the State Attorney agreed to drop the DUI charge. The client did no jail time!
The client was accused of trying to kill his wife by smashing a barbell into her head and trying to stab her with a knife. Police arrested him after he tried to flee by jumping into a canal. Counsel for the firm was able to reunite the client with his wife during preliminary matters. The guidelines called for many years in prison based on the law. Counsel convinced the judge to downward depart and give the client only probation. No incarceration.
The Client was stopped for running a red light and almost colliding with law enforcement. Once the Officer made contact with the Client, he observed signs of impairment by alcohol and marijuana. A DUI investigation was then conducted where the Officer alleged the Client performed poorly on the roadside sobriety exercises. The Client was subsequently arrested for DUI. Upon searching the vehicle incident to arrest, a half full bottle of Vodka and several bottles of prescription marijuana were located. The Client admitted to consuming both. After the arrest the Officer requested the Client submit to breath test. The Client refused to give a breath sample. However, within 15 seconds the Client changed his mind and requested the breath sample. The Officer told the Client that he was sorry but there was nothing that he could do for him at this point. The Client was not allowed to give a breath sample. The Firm was hired to help the Client and immediately contacted the State Attorney assigned to the case. The Firm explained that the video did not match the description given by the Officer and that the Client was improperly denied the right to give a breath sample. The State refused to drop the DUI charge. As a result the case was set for a jury trial. Because of the pandemic the case took over a year to get to a jury trial, but only 15 minutes for the jury to render a verdict of not guilty!!
