DUI & Criminal Division

RECENT COURT VICTORIES

To protect our clients privacy, incomplete case numbers are provided.

Case Summary

Date: 08/27/2018
Case #: 2018CF00*****
Charge: Felony Unlawful Use of a Two Way Device
Felony/Other
The Client worked at an iPhone repair store. A woman brought in her device to have it repaired. The Client was the employee who then handled the repair. After the phone was repaired and the woman picked up the phone, a man came to the iPhone repair store claiming to be the woman's boyfriend. The man claimed that the Client had texted a video containing sexually explicit images of his girlfriend to another number, presumably the client's own phone. Law enforcement was contacted and the Client was then charged with a felony. The Firm began handling the case and soon discovered that, while what was alleged to have happened may sound like a crime, there was in fact no felony charge that made it a crime. The State, after a deposition of the alleged victim, agreed and the felony charge was dismissed.

Case Summary

Date: 08/26/2018
Case #: 2017CT00######
Charge: DUI
DUI
The Client was involved in a serious accident where he received a gash to his head and his passenger a broken arm. The Client admitted to drinking and driving and smoking marijuana, when questioned by law enforcement at the hospital. The officer then requested a blood sample from the Client. The Client initially refused but the officer threatened him with an arrest if he didn’t comply and a year and a half of license suspension. The blood draw showed the Client was over three times the legal limit The Firm investigated the case and discovered that the blood draw was requested improperly and coerced. The State would not agree so the Firm argued a motion to suppress with the court. During the hearing it was discovered that the Officer had “mishandled” a key portion of audio recording that was at issue in the case and as a result the recording was unavailable. The Court agreed with The Firm and suppressed the blood draw. The State then agreed to dismiss the DUI.

Case Summary

Date: 08/26/2018
Case #: 2017CT00######
Charge: DUI
DUI
The Client was involved in a serious accident where he received a gash to his head and his passenger a broken arm. The Client admitted to drinking and driving and smoking marijuana, when questioned by law enforcement at the hospital. The officer then requested a blood sample from the Client. The Client initially refused but the officer threatened him with an arrest if he didn’t comply and a year and a half of license suspension. The blood draw showed the Client was over three times the legal limit The Firm investigated the case and discovered that the blood draw was requested improperly and coerced. The State would not agree so the Firm argued a motion to suppress with the court. During the hearing it was discovered that the Officer had “mishandled” a key portion of audio recording that was at issue in the case and as a result the recording was unavailable. The Court agreed with The Firm and suppressed the blood draw. The State then agreed to dismiss the DUI.

Case Summary

Date: 08/26/2018
Case #: 2017CT00######
Charge: DUI
DUI
The Client was involved in a single vehicle motorcycle accident. The Client also had a rider with him at the time of the crash. The Client was then transported to the hospital where he gave a blood sample after an improper request by law enforcement. The Client hired the Firm who went to Court and spoke with the Assistant State Attorney regarding the issues in the case. The State agreed to dismiss all criminal charges against the Client.

Case Summary

Date: 08/24/2018
Case #: 2017CT00*******
Charge: DUI
DUI
The Client was charged with a DUI after being stopped for failing to maintain a lane and also based upon several calls to dispatch for the same traffic pattern. The Client did not perform well on his field sobriety exercises and was arrested and transported to the breath alcohol testing facility. The Client was then requested to give a breath sample. The Client attempted to give a breath sample but was unable to meet the machine's requirements within the time frame required. Two samples, which were outside the time limit allowed by law, indicated a breath sample almost three times the legal limit. The Firm began representing the Client and challenged the State on the admissibility of the breath samples that were not properly taken. It was also argued by the Firm that there was the possibility that the stop of the vehicle was unlawful. The State agreed and dismissed the DUI.

Case Summary

Date: 08/24/2018
Case #: 2017CT00*******
Charge: DUI
DUI
The Client was stopped because his vehicle was swerving all over the roadway and almost struck a light pole. Once he was stopped the Officer noticed the odor of an alcoholic beverage and that the Client seemed extremely impaired. After performing poorly on the sobriety exercises, the Client was arrested and taken to jail. Once at the jail the client provided a breath sample that was three times over the legal limit. The Firm began investigating the case and working with the State Attorney's office on getting rid of the DUI charge. The State would not agree to dismiss the Client's DUI charge,even though he had no prior history and was extremely cooperative. The Firm then attended the formal review hearing regarding the Client's license suspension. At the hearing the firm learned that the Officer that took the breath sample could not remember doing so without looking at her paperwork. The Firm then filed a motion to suppress the evidence regarding the breath sample based upon the Officer's failure to recall taking the sample. The State then agreed to dismiss the DUI charge.

Case Summary

Date: 08/21/2018
Case #: 2017CT00##########
Charge: DUI
DUI
The Client was charged with DUI, Possesion of Marijuana and Felony Driving While License Suspended. The Client was involved in an accident where a witness saw the Client driving and exiting the vehicle after he crashed it into a ditch. Law enforcement also found marijuana that the Client admitted to possessing. In addition, the Client also admitted that he knew his license was suspended. The Firm investigated the case and discovered that the Client was only slightly over the legal limit and well within the breath machine's room for error. The Firm argued that while the State could prove the the other charges, there was no way that the State could establish that the Client was impaired with respect to both how good the video in the case was, and the level of teh breath sample. The State agreed and dismissed the DUI.

Case Summary

Date: 08/21/2018
Case #: 20XXCTXXX669AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was facing east on Okeechobee Blvd when an officer who was on the other side of the street heard the vehicle’s stereo blasting. The officer could hear it from approximately 75 feet away. The officer activated his overhead emergency lights and the defendant slammed on his brakes and then continued slowly eastbound. The officer had to hit the siren to stop the car. The vehicle pulled over and the officer noticed the Defendant had bloodshot, glassy eyes, slurred speech and an odor of alcohol coming from his person. When he got out of the car, he was unsteady on his feet. When asked where he was coming from, he said from his friends house where they had a “celebration”. He told the officer that he had 2 beers while in the car, and once out of the car he said he had 5 beers. During the walk and turn he could not keep his balance, stepped off the line numerous times and paused forgetting what the instructions were. During the one leg stand task he started too soon and did not count as he was told. He was told to count one one thousand all the way to 30 and instead he got to 8 and started saying 20, 30, 40, 50, 60 and got to 100. He then was asked if he could do the task and he said: “No.” He performed poorly on the finger to nose task and alphabet task and was arrested for Driving Under the Influence. When at the breath facility, he gave a breath sample of .077 and .074. The firm sent a letter to the State Attorney’s Office citing new case law which deemed the Stereo Statute unconstitutional and therefore the stop would have been a violation of the Defendant’s Fourth Amendment Constitutional Rights. The State Attorney agreed and declined to file the charges in addition to their agreement that they could not prove the case Beyond a Reasonable Doubt due to the low breath samples.

Case Summary

Date: 08/20/2018
Case #: 20XXXT02XX62AXX NO CONVICTION AS CHARGED
Charge: DUI
Uncategorized
The Defendant was traveling towards Flagler Avenue in Downtown West Palm Beach at a high rate of speed. The officer finally caught up to the Defendant’s vehicle and continually veered to the right crossing the broken white lines. After being clocked going 45 in a 30 mph zone, the defendant continued to weave and nearly collided into a concrete island before stopping for the officer. The Defendant smelled like alcohol and his eyes were bloodshot and glassy. The Defendant stated he didn’t know where he was going because of the downtown construction. There was an open and half full 12 oz can of Coors Light in the driver's side door and an open 12 pack of Bud Light behind the drivers seat that was half empty. During the walk and turn exercise, the Defendant took 10 steps up and turned around and asked what to do next because he had forgotten the instructions. He then could not keep his leg up for 30 seconds and performed poorly on the remaining exercises. After being arrested, the Defendant refused to give a sample of his breath when asked by the Officer. The Firm pointed out numerous inconsistencies in the reports after the videos were reviewed to the State Attorneys Office. The State of Florida agreed to dismiss the charge for Driving Under the Influence.

Case Summary

Date: 08/14/2018
Case #: 2018-CT-0***43-A-O
Charge: Racing
Traffic
Client was observed by the police in an area known for illegal street racing. The officer witnessed what he believed to be a race and conducted a traffic stop on the client’s vehicle. At the first court date the Ticket Clinic attorney attempted to get the case dismissed but the prosecutor wanted more time to review the case. The case was set for trial on the following Monday. On Friday, the last business day before trial the State formally dismissed the case.

Case Summary

Date: 08/14/2018
Case #: 2018-CT-0***43-A-O
Charge: Racing
Traffic
Client was observed by the police in an area known for illegal street racing. The officer witnessed what he believed to be a race and conducted a traffic stop on the client’s vehicle. At the first court date the Ticket Clinic attorney attempted to get the case dismissed but the prosecutor wanted more time to review the case. The case was set for trial on the following Monday. On Friday, the last business day before trial the State formally dismissed the case.

Case Summary

Date: 08/13/2018
Case #: 18-ct-xxxxxxxx
Charge: DUI
DUI
On January 21, 2018 at approximately midnight, the Defendant was stopped for speeding on I275 and then running a steady red light at the Westshore exit. Upon making contact with the Defendant, the officer believed the Defendant to be physically impaired and a DUI investigator was called to the scene. The DUI investigator made contact with the Defendant who had watery/bloodshot eyes, slurred speech and a distinct odor of an alcoholic beverage on his breath. The Defendant also had droopy eyelids, and a blank/dazed stare while the investigator spoke to him. The Defendant performed field sobriety exercises which indicated impairment. The Defendant was arrested for DUI and Driving While License Suspended with Knowledge. The Defendant initially agreed to submit to a breath test but became combative and wildly screamed "I do not want to take a breath test! I do not submit" when they arrived at Central Breath Testing. Result: The firm set the case for trial and before the trial began, the State dropped the DUI charge and dismissed the Driving While License Suspended charge.
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Rolando A. Sanchez, Esq.

Originally from Miami , grew up in Central Florida.  After high school, he joined the U.S. Air Force where he worked on F-15E fighter jets as an Avionics Technician.  He was Honorably Discharged. Afterwards, he attended University of Central Florida and received a BSBA Finance Degree, cum laude.  Next, he attended Barry University for law school and among other things, served as V.P. of the Veterans Legal Society.  Since graduating in 2016, Mr. Sanchez has dedicated his career to helping those charged with criminal matters.  These cases include traffic, misdemeanors and felonies, including trials and post-conviction relief. Mr. Sanchez is the lead attorney in Ticket Clinic’s Kissimmee office, handling cases in Osceola, Polk, Hardee and Desoto Counties.