The client was operating a motorcycle and was investigated for a driving under the influence and allegedly resisted their subsequent arrest. The client the refused to submit to a breath test. Law enforcement charged the client with resisting arrest and incorrectly charged them with a criminal offense of Refusing to submit to a breath test for a second time. The Ticket Clinic Attorneys contested the criminal charges, resulting in the refusal to submit to a breath test offense being dismissed and the resisting arrest charge being referred to a court diversion program, keeping the client’s record clean.
Date: 09/21/2020
Case: 2019CT00***9
Charge: Knowingly Driving While License Suspended
Osceola County. Client was charged for the first time ever while
driving on a suspended license. While the client’s case was
pending, they were arrested on new charges in a different county.
The Ticket Clinic Attorneys were not only able to keep the client
out of jail, but were able to negotiate with the Office of the State
Attorney, resulting in no criminal conviction.
The Client was pulled over after being observed drifting on the roadway and failing to accelerate to a reasonable speed. After working with the State and presenting mitigation evidence we were able to get the case into a diversion program. As a result of entering into the program the criminal case against the client were dismissed.
The Client was involved in an accident and was identified as the driver of the vehicle involved in the accident. The Officer on scene suspected that the Client was impaired by alcohol and had the Client submit to sobriety exercises. The Client performed poorly on the exercises and was subsequently arrested for DUI. Once at the jail he was asked to submit to a breath sample, however, because of his diabetic condition he was having difficulty giving a sample. The officer charged him with a refusal to give a breath sample and DUI. The Firm investigated the case and discovered that the Client's diabetic issues could be a defense in the matter and also that the Officer was extremely rude to the Client. The Firm argued to the State that these factors, along with the client's agreeable nature in the case, combined to make for a decent defense trial. The State agreed and dismissed the DUI.
The Client's vehicle was stopped for speeding. Once stopped the Officer determined that the Client was impaired by alcohol and requested the Client perform sobriety exercises. The Client agreed to comply and did not perform well on the exercises. He was arrested and once at the jail he gave a breath sample over the legal limit. The Firm was retained and investigated the case. It was determined that the breath sample was barely over the legal limit. This fact, combined with the fact that there wasn't a bad driving pattern, allowed the Firm to argue to the State that it wasn't a bad case for trial. In addition, the Firm also argued that the Client was extremely cooperative and did not have a bad prior criminal history. The State agreed and dismissed the DUI.
The Defendant was observed traveling at a high rate of speed and changed lanes to the right and immediately to the center lane. The Defendant then accelerated at a high rate of speed and was clocked going 60 mph in a 45 mph zone. The Defendant was stopped and she admitted that she lived right down the road. After being asked where she was coming from, she said dinner at Bradley's. The Officer noticed an obvious odor of alcohol and she admitted to drinking two drinks. She agreed to participate in roadside tasks after first refusing to submit to them. The Defendant’s husband pulled up on scene and had to be told to leave. The Defendant performed poorly on all of the roadsides and was arrested for DUI. She called the officer vulgar names and used profanity during the ride to the jail and even managed to get her arms in front of her after being handcuffed from behind. While at the jail, she refused to submit to a sample of her breath after being told her license would be suspended for one year. She told the officer she could feel the effects of the alcohol and that she was under the influence. She admitted to drinking wine at Blue Martini’s. The Firm filed a motion to suppress arguing that the Defendant was detained for a DUI investigation without a reasonable suspicion of criminal activity. The State of Florida reviewed the motion and dismissed the charge for Driving Under the Influence on the day of trial.
Our client made contact with police after losing control of his car and colliding with a telephone box. The police office who responded to the scene began investigating the crash and determined that our client was driving and that his license was suspended. As the officer was arresting our client the officer emptied our client's pockets and found a bag containing a substance that he believed to be cannabis. The officer field tested the substance and it was positive for cannabis. After posting bond our client immediately contacted our office to begin working on the case. We meticulously analyzed all of the State's evidence, Law Enforcement's reports, and our client's driving record. Our office then constructed a defense strategy. Finally, we reviewed each detail of the case with our client. After clearing our client's driving record and much negotiations the prosecution dismissed the Possession of Cannabis charge and reduced the Driving While License Suspended to a No Valid Driver's License.
The Defendant was driving his vehicle at night when a police officer with the Boca Raton Police Department stopped him for failing to stop at a stop bar. The Officer gave the defendant a warning for failing to obey a traffic control device. After running the Defendant’s license, the Officer found that it was suspended for 5 years due to 2 DUI convictions within 5 years. The Defendant’s license was still suspended and he did not have a hardship license nor an interlock on his vehicle. The State of Florida offered the defendant forty-five days in the Palm Beach County Jail in exchange for a guilty plea. The firm took the deposition of the police officer to determine what facts the officer had to support his probable cause. The officer could not recall whether he was behind the defendant or to the side of him. He could not recall how far past the stop bar the defendant was parked. He could not recall whether there was a crosswalk or any pedestrians in the road. The Firm then filed a motion to suppress arguing that the Defendant was stopped without probable cause of a traffic infraction. The Judge granted the motion and the State dropped the charges.
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.
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.
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.
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.
