Law enforcement responded to a residence based on a report of a domestic disturbance. The client was subsequently arrested for Aggravated Battery Intentionally or Knowingly Cause Great Bodily Harm, Permanent Disability, or Permanent Disfigurement. After speaking with the prosecutor charged with reviewing the case, the client's felony charge was dropped. The Client showed trust and faith in our Law Firm to hire The Ticket Clinic quickly and early in the case. The Ticket Clinic attorney used that head start to save the Client from 15 years in prison, $10,000.00 fine and a permanent infringement of his Constitutional rights.
The Defendant was driving on Jog Road North of 10th Avenue where he was weaving and crossing over onto the inside lane and back to the center lane and onto the outside lane. The vehicle drove this way for 1 mile and almost collided with the raised concrete curb 4 times within a ½ mile. The officer immediately noticed a strong odor of alcoholic beverage emitting from his breath and his eyes were bloodshot red, watery and glassy. His speech was slurred and mumbled at times. When asked for his documents, he fumbled through his wallet. When asked to step out of the car, he fumbled for the door handle and was unsteady as he exited the vehicle. When he was first asked if he had been drinking, he said he had not and then later changed his story to a couple drinks. During the Walk and Turn, the Defendant could not keep his balance, started the task 3 different times before being told to and missed heel to toe on 6 of the steps. He turned around improperly and the wrong way as well. During the One Leg Stand, the Defendant started the task 3 times before being told to and put his foot down numerous times. Additionally, he kept counting past 30 seconds when he was told to stop at 30. He also would not look at his foot like instructed. During the alphabet task, the Defendant missed and jumbled letters the first time and did it correctly the second time. He was placed under arrest and taken to the Breath Testing Facility where he gave a breath of a .082 and .082. The Firm filed a motion to suppress all of the Defendant’s statements that he made at the Breath Testing Facility as they were made in violation of his right to remain silent. The State agreed to the motion. Additionally, the Firm convinced the State that the evidence did not establish that he was under the influence at the time of driving. Result: The State agreed and dropped the DUI charge on the day of trial.
Osceola County. The Client failed to notice a police officer directing traffic around a roadblock set-up after a fatal accident, drove through the roadblock, and was subsequently arrested for failing to obey the lawful order of a law enforcement officer. The Ticket Clinic Attorneys were able to keep pressure on the State Attorney and were able to negotiate the criminal charge to a non-moving traffic ticket. The Client never had to appear in court and was able to keep a clean criminal record.
The Client was stopped by law enforcement for striking the median. Once stopped law enforcement noticed signs of impairment and asked the Client to perform roadside sobriety exercises. The Client performed poorly on said exercises and was subsequently arrested for DUI. Once arrested she was transported to the Breath Alcohol Testing facility where she gave a breath sample almost twice the legal limit. The Firm investigated the case and determined that the Client was elderly and thus the exercises were not designed for people of her age to determine impairment. This fact, in addition to the fact that the Client had a completely clean criminal record, led the State to agree to the dismiss the DUI charge.
The defendant was behind the wheel of his wrecked 2001 Mitsubishi Eclipse after colliding with another vehcicle. An independent witness observed the collision and reported it to an arresting officer. The Officer coming into contact with the client noticed a strong alcoholic odor emitting from client's mouth and observed watery and blood shot eyes. According to police, the client failed the field sobriety tests and refused to provide a breath alcohol sample. On April 2, 2012, the Firm pushed this case to trial and the State of Florida dismissed the DUI.
The client was pulled in Lake County after a police officer observed him weaving and then cut off the officer’s patrol car. During the stop the officer realized that the Client had a prior DUI arrest and began a DUI investigation. The client performed the field sobriety exercises and later refused to submit to a breath test. After reviewing the video and identifying some mistakes and conflicting evidence the Assistant State Attorney assigned to the case agreed the DUI case was not suitable for prosecution and the State abandoned the DUI charge.
The Client was charged with DUI after being involved in a very bad accident. The Client sustained injuries and had to be transported to the hospital for treatment. Once at the hospital, law enforcement requested a blood sample to determine if the Client was impaired. Once the the blood sample test was returned with a blood alcohol amount over the legal limit, the Client was charged with DUI involving crash and injury. The Firm investigated the case, paying specific attention to the manner in which the blood sample was requested. The Firm discovered that the officer that requested the blood sample did so improperly and as a result the Client's blood sample should be thrown out of evidence. The State agreed and dismissed the DUI.
The client was discovered by an officer sleeping in his vehicle at around 3:55 in the morning. The vehicle was at an intersection and running when officers arrived. There were no motion issues with this case, however the state was receptive to mitigation. We collected documentation from our client which indicated that his father's funeral was earlier that day. As a result of this traumatic incident, the client made a poor decision that was out of character and he accepted full responsibility for his actions. His lack of prior record, coupled with the fact that he is a recent college graduate with gainful employment allowed us to argue that his risk to re-offend was low. In addition, the client provided our office with a copy of his employee handbook which stated that his employment could be terminated based on a dui conviction. In light of the above-mentioned info, the State agreed to dismiss the DUI and in turn offered the reckless with no conviction on his record.
According to police, the Defendant entered into a store and stole some merchandise. He was observed by store security who stopped him as he tried to leave the store with the stolen merchandise. The attorney for the firm investigated the case, and was able to get the Defendant into a program for first time offenders. Upon completion of the program, the attorney for the firm was able to get the prosecutor to drop the case completely.
On 02/ 20/ 2017 at 0050 hours, Tampa Police Officer observed a cream 2015 Toyota Highlander SUV to be driving SB on Armenia Av S, approaching the red light at Swann Av W. As it was driving, it had on the left turn signal ( it passed several streets but did not turn) and drifted over the broken lane divider line on it' s right. It then pulled up to the red light, turned off it' s turn signal and stopped with all 4 tires beyond the stop bar, running the red light and blocking the crosswalk. When the traffic light turned green, the Officer activated his emergency overhead lights and conducted a traffic stop. The traffic stop location occurred at Swann Av W / Moody Av S.
Upon initial contact with the defendant, the Officer requested his driver license, insurance and vehicle registration. He was not the registered owner of the vehicle; he said it was a " company car". While handing over his insurance and registration, he also handed an " operating instructions manual". The Officer then explained why he stopped him and asked him if he had anything to drink tonight before driving. He answered " No,sir. I live right down the street." While speaking to him, the Officer observed red/ glassy/ bloodshot eyes, a blank/ dazed stare, slurred/ mumbled speech, he moved lethargically, had fumbling fingers, he was disoriented ( he thought that he had been pulled over on MacDill Ave S) and a distinct odor of an alcoholic beverage stemming from inside the vehicle. When asked if the Officer could check his eyes, the Defendant agreed . The Officer then asked him to step out of his vehicle The Defendant expressed that he was very nervous ( said that his heart was racing) and that he 'doesn' t mean to cause any trouble'. While checking the Defendant's eyes, his body swayed and the Officer again confirmed the distinct odor of an alcoholic beverage to be stemming directly from the Defendant's breath. The defendant stated that he has not been diagnosed with diabetes, high blood pressure, any mental illnesses, or epilepsy and does not suffer from strokes or seizures. He is not currently sick or injured and is notseeing a doctor or physician for anything. He did not have any medications or any illegal drug use. When asked again about any alcohol consumption, he stated "Ya... I' m not.. Uh, no, I' m not going to do a DUI checkpoint". When told that this was not a "DUI Checkpoint" he stated "Ya, it's like I'm being arrested for like a DUI or something". The Officer then explained that he had concerns that the Defendant was impaired and then asked if he would submit to additional FSE's, The Defendant stated "Why do you feel that way? No, I'm not willing to do them. I' m confused. Confused in the way that..." The Officer then explained that he suspected the Defendant of possibly being physically impaired and that is why he is being asked to do FSEs. The officer also explained that failing to do FSE's could result in consequences. First, any refusal can be used against him in a court of law and secondly, the Officer would be forced to make a decision on whether or not to arrest him for DUI based only on what is known up until this point, including his driving patterns, any indicators observed while making
personal contact and the HGN exercise. After asking him again, the Defendant
said "No, I don't."
Based on the totality of all the circumstances, the defendant was placed under arrest for DUI. The Defendant stated that he was unsure whether or not he wanted to provide that sample. Ultimately, the Defendant refused to provide a breath sample.
Result: The state dropped the DUI charge.
On October 11, 2017, the Defendant was observed traveling on Howard avenue when she was observed by Tampa Police officer to be traveling over 50 mph in a 40 mph zone. The Defendant then turned onto southbound I-275 and accelerated to 70 mph in a 55 mph zone. The Defendant also drifted side to side within her lane. The officer initiated a stop of the Defendant and noticed a distinct odor of an alcoholic beverage on her breath. The Defendant's eyes were bloodshot and glassy. The Defendant agreed to perform field sobriety exercises and was arrested after exhibiting clues of impairment. The Defendant refused to submit to a breath test.
Result: After the firm submitted a request to review the evidence with the State, the State dropped the DUI charge.
On December 3, 2017, a Hillsborough County Deputy observed the Defendant passed out and slumped over in the driver's seat of a white Chevy van. The van was stopped in the roadway, on the wrong side of the road. The engine was running with keys in the ignition. The Deputy woke the Defendant and observed him to have a very strong odor of alcoholic beverage on his breath. The Defendant also had watery, bloodshot eyes. There was an open bottle of rum located between the two front seats. The Defendant admitted to drinking rum with his cousin but denied driving. The Defendant submitted to field sobriety exercises and exhibited several clues of impairment. The Defendant was arrested for DUI and refused to provide a breath sample.
Result: The case was set for trial and prior to the start of trial, the State dropped the DUI charge.
