The Client was discovered asleep behind the wheel of his vehicle at an intersection. The Officer that investigated the case believed the Client was impaired by alcohol and requested he submit to field sobriety exercises. The Client then performed poorly on the exercises and was arrested for DUI. Once arrested the Client gave a breath sample almost twice the legal limit. The Firm investigated the case and discovered that the Client was extremely cooperative with law enforcement, had a totally clean criminal history, and there was an argument with respect to whether a jury would agree that the Client was in actual physical control of his vehicle while he was asleep. Given those circumstances, the State agreed to dismiss the DUI.
The Defendant was seen by a DUI officer driving on Military Trail and was swerving in and out of his lanes. This was captured on video. After drifting in and out of his lane a few times, the officer stopped the defendant. The officer noticed that the Defendant was dazed and disoriented as he spoke and his eyes were bloodshot and glassy. He smelled like alcohol and his speech was slow and slurred. His movements were also slow and when standing he was swaying noticeable forward and back. When asked how much he had to drink he said “not much.” He then changed his story to “nothing at all to drink” and that the odor of alcohol was from his inhaler for asthma. During the walk and turn exercise, he continually tried to start it without being told and then took 9 steps backwards instead of turning around and walking straight. During the finger to nose, the officer moved the Defendant close to the camera and the defendant can be seen swaying significantly and missing his nose every time. The Defendant was arrested and nasty to the officer during the patrol ride to the jail which was all captured on video. At the jail, the Defendant refused to submit to a breath test after being read implied consent. The Firm filed a motion to suppress arguing that the stop was illegal. Additionally, the firm pointed out to the State of Florida that there was a news camera crew on scene during roadsides and can be seen on the roadside video circling the defendant. The Defendant could be seen glancing at the news camera crew on multiple occasions. After pointing this out to the State Attorney's Office, and on the date of the motion to suppress, the State dismissed the charges for DUI.
Client ran his jeep off the road into a ditch. When police arrived, he was attempting to change a flat tire that was a result of the accident. The officers noticed he was unsteady and smelled alcohol on his breath. He was asked to perform field sobriety exercises and complied. The officers arrested him as they felt he was impaired and did not perform well on the exercises. At the station, our client blew .17 (over twice the legal limit).
Our firm filed a motion arguing that the vehicle running off the road is not a crash by definition and no witness could place our client behind the wheel. After we won the motion, the State dropped the case.
On January 30, 2017, a Hillsborough County Deputy conducted a traffic stop after he observed a substance being thrown form the driver’s window. The Deputy believed the substance to be a clear baggie with a green leafy substance. The Deputy approached the Defendant who was in the driver’s seat. The Defendant had slurred speech, glassy/watery eyes, and an odor of an alcoholic beverage. The Defendant was then asked to exit the vehicle and read her Miranda rights, which she waived. The Defendant admitted to 4 rum and cokes. She performed poorly on field sobriety exercises and was arrested for DUI. The Defendant provided a breath sample of .092 and .089.
Result: the firm filed a motion to suppress and the State dropped the DUI charge.
Our client was traveling down the road late at night when he rear ended the vehicle in front of him. After the police arrived to investigate the crash, the officers noticed our client swaying and the odor of alcohol from his breath. Our client admitted to consuming a few beers prior to driving. The officers requested our client perform field sobriety exercises and our client refused. The officers arrested our client and transported him to the jail where he would eventually supply breath samples of .303 and .313, nearly 4 times the legal limit. Our attorneys reviewed the crash report and body camera video and filed a motion to suppress and exclude evidence based on errors made by the arresting officer during the investigation. Prior to the start of the hearing, the State agreed to drop the DUI charge.
While conducting selective enforcement and pursusant to a saturation patrol, the Defendant was stopped for traveling 17 miles above the posted speed limit. The Defendant had a strong odor of alcohol coming from his mouth, his speech was thick and slurred, and his eyes were bloodshot and glassy. He admitted that he was coming from a concert and was lethargic while locating them. The officer could not understand the Defendant because of his low and slurred speech. He was slow to exit his vehicle and had to use both of his hands to assist himself in getting out. When out of the car, he was swaying side to side. When asked to walk around the vehicle, the officer observed the Defendant lose his balance. He denied consuming any alcohol and refused to perform roadsides. After being arrested, he refused to give a sample of his breath. After reviewing the case, the State declined to file any charges against the Defendant.
On November 9, 2016, the Defendant was involved in a crash. A Florida Highway Trooper arrived on the scene and began a DUI investigation. The Defendant had to be transported to Tampa General Hospital as a result of injuries sustained in the accident. While in the hospital, the Trooper issued the Defendant a careless driving and DUI ticket. The Defendant refused to provide a breath or blood sample.
The State Attorney’s Office in December 2017 issued a subpoena for the medical records of any blood alcohol testing done by Tampa General Hospital when the Defendant was treated for his injuries. The Defendant then retained the firm to assist him after an information was filed charging him with DUI with property damage involving a blood alcohol level over .15.
Results: The firm filed a motion for discharge of the DUI charge which was granted. The DUI was dismissed.
The Client was arrested for DUI after she was found in her vehicle sleeping in her vehicle, with the engine running, in the middle of I-95. The Officer observed signs of impairment and ordered her out of the vehicle. At this point the Officer requested that she complete field sobriety exercises. The Client performed poorly on the exercises and was then arrested for DUI. Once at the Breath Alcohol Testing facility she gave a breath sample over twice the legal limit. The Firm immediately began an investigation into the case looking for any issues that may help the client's case. The Firm spoke with the State Attorney's office and pointed out that the Client was exceptionally cooperative and also did not have any prior criminal history. In addition, it was up to the jury to determine whether the Client was in actual physical control of the vehicle, and because the Client was sleeping there was an argument to be made. The State agreed and dismissed the DUI charge.
Our client was arrested for DUI, however due to an error on the citation, a different crime was charged. Our office kept significant pressure on the State Attorney's office, resulting in their dismissal of the charge. Our client was never charged with DUI and never had to appear in court.
Our client was pulled over for driving 78 mph in a 45 mph zone. After stopping him, officers claimed that they could smell alcohol on his breath and observed other signs of impairment. Our client refused to participate in the DUI investigation and refused to provide a breath sample. He was arrested and charged with DUI. The lawyers at the firm prepared and set the case for trial. On the day of trial, the prosecutor agreed to drop all DUI related charges.
Two weeks prior to September 13, 2009, the defendant’s step daughter ran away from home. On September 13, 2009, the child was found by officers of the Sunrise Police Department trespassing in an abandoned home. The child has an extensive juvenile criminal history as well as a history of running away from home. The child was taken to the Sunrise Police Department and the Defendant and his wife were contacted to pick-up the child, which they did. Upon arrival at the Police Department, the child refused to leave with the Defendant and his wife, the child’s biological mother. The Defendant and his wife were advised by Sunrise Police that they would be arrested if they left the premises. The Defendant and his wife left the premises and told police to call the child’s father, which they did. The Defendant’s exited the police department parking lot in their car and were arrested for Contributing to the Delinquency of a Minor. The Firm was able to provide the State with proof from child services that the child was ungovernable. All charges were dropped.
The defendant was charged with Driving Under the influence of Alcohol. The defendant was driving his motorcycle after leaving the bar and crashed. He had road rash and admitted to drinking a bucket of beers. The officer in the case stated that the defendant was slurring his speech, was disoriented, was staggering while he was walking, and allegedly told the officer that he probably should not have been driving. The defendant then gave a breath sample over the limit. The firm set the case for trial. On the day of trial, the Firm showed where the officer’s credibility was impeached by showing that the video in the case showed none of the signs of impairment that the officer alleged. In addition, the Firm located the EMT who treated the defendant’s wounds, and the EMT testified that he was alert and well oriented and if he had had a drink or two he could have fooled him. The jury returned a verdict of not guilty.
