Client was arrested while driving to visit his family and was criminally charged for using his restricted license for a non-employment purpose. This arrest also violated the client’s probation in another county. The Ticket Clinic Attorneys filed a Motion to Dismiss the criminal charge. The State Attorney’s Office conceded and all criminal charges were dismissed.
Client was attacked by her boyfriend and defended herself. Her boyfriend subsequently called the police and stated that he was attacked and the client was arrested. Within one day of hiring the Ticket Clinic, the State Attorney’s Office dropped all charges.
The Client was involved in an accident with her 14 year old grandchild in the car. The Officers on scene suspected that the Client was impaired by alcohol, and requested that she perform roadside sobriety exercises. The Client performed poorly on said exercises and once she was arrested she refused to give a breath sample. She was charged with felony child neglect and DUI. The Firm immediately contacted the State Attorney's Office and argued that the Felony charge for Child Neglect was overcharged. The State agreed and dismissed the felony charge, which left only the DUI. The Firm argued to the State that the Defendant was extremely elderly and the exercises were not meant for someone of her age. In addition, there was no breath sample, so there was a lack of evidence. The State agreed and dismissed the DUI.
Client was arrested for the first time ever while driving on a suspended license. The Ticket Clinic Attorneys were able to negotiate with the Office of the State Attorney, resulting in no criminal conviction, keeping the client’s record clean.
Our client was charged with racing on a highway when a police officer observed him speeding down a main road at 66 miles per hour with another car. The prosecutor refused to negotiate or drop the case and claimed that they could easily prove the case. The lawyers at the firm prepared the case and set it for trial. During a two day jury trial, the lawyers at the firm picked apart the officer's testimony and presented evidence that proved our client could not have been involved in a race. The jury quickly returned a verdict of not guilty on all counts.
Client was arrested in 2012 and missed their first court date. For over five years, the client had an active warrant. The Ticket Clinic Attorneys were not only able to have the warrant recalled, but also had the criminal charge dismissed, all without the client having to appear in court.
The Client was stopped by law enforcement after a tipster called in information indicating that the person driving a silver Volvo with their license plate number was intoxicated. The Officer then stopped the Client's silver Volvo and determined that the driver was impaired, and after performing poorly on sobriety exercises, transported him to the jail. At the jail the Client gave a breath sample that was over 4 times that legal limit. Because this was the Client's second DUI within 3 years the State was seeking a significant amount of jail. The Firm was retained by the Client to handle the case. The Firm deposed the officer in the case and was able to get the officer to testify that the only information he had about the Client's vehicle was that it was a silver Volvo, and nothing else, not even a license plate number. The Firm filed a motion to suppress all the evidence in the case based upon a bad stop of the Client's vehicle. However, before the motion could be heard the State agreed to dismiss the DUI charge.
The Client was stopped for failing to maintain a single lane by the officer who believed that the Client may have been impaired. Once stopped the Officer noticed that the Client seemed impaired and then had the Client complete roadside sobriety exercises. The Client did extremely poorly on the exercises and was then arrested for DUI. Once at the jail the Client provided a breath sample that was almost twice the legal limit. The Firm investigated the case and discovered that the Officer that stopped the Client was unable to be served but apparently still worked for the department. The Firm questioned the State Attorney's office about this issue and sought the Officer for a deposition in the case. Once the Officer was again unavailable the State agreed to dismiss the DUI.
The facts are as follows: The client was operating her motor vehicle on her way home when she came across an accident scene where there were police directing traffic in the middle of the 2-lane road she was travelling on. In slow moving, bumper to bumper traffic, the client was attempting to make a left turn onto a road which her residence is located. A policeman who was directing traffic and was in the middle of the road, told the client not to make that turn because that road was blocked off. The client started to make the turn but stopped. The officer became irate and told the client to pull into a nearby business parking lot. The client complied and was charged with disobeying a police order. We sent an email to the State outlining the statute and the facts of the case, specifically:
Citing to FS 316.072, the crime of disobeying an officer occurs when:
1. An individual is operating a vehicle on a public road.
2. An individual is given a lawful order by a police officer.
3. An individual wilfully fails or refuses to comply with a lawful order.
The client is 72 years old and did not hear the initial lawful command from the officer, therefore there was no wilfull disregard of the lawful order as indicated by FS 316.072. Further, the pca corraborates, that the officer then stepped out and stopped The client vehicle, which indicates that she did, at this point, hear and complied with the order when she became aware of it. Further, the PCA states that the client also complied with the officers orders to pull into a parking lot. The client also complies with the officers request to provide dl, registration and insurance and answers all other questions posed by the officer.
This case seems to be a situation where the client, due to her age and hearing difficulties, was not aware of the initial order from the officer and did not wilfully disregard the order. This position is reinforced by Moyer's subsequent complliance to all other orders issued by this officer.
The State agreed with us and NP'd the case on 10-23.
While on patrol in his marked HCSO patrol vehicle a HCSO Deputy was dispatched
to a reckless driver call. The call stated that the red Dodge sedan,
pulled into the driveway and the driver did not get out of the vehicle. The Deputy located the listed vehicle and parked his patrol vehicle in front of the mailbox so that he
was not blocking it in. He did not activate any emergency equipment. He
approached the vehicle on the driver side and noticed that the front
windows were down, key was in the ignition, engine on and music blaring. He
was able to wake up the driver, the Defendant, who was by himself sleeping
in the listed vehicle. After he was able to have the Defendant
turn off the music, he asked him to turn off the engine, which he did.
While talking with the Defendant, he saw that " his eyes were glossy
and bloodshot. His manual dexterity was poor while attempting to find his
drivers license. The Defendant handed the Deputy his wallet when I asked for his license and then he fumbled with it. The Deputy could smell the strong and distinct odor of an alcoholic beverage coming from his breath and person. Defendant was slurring his words. The Deputy asked him if he had been drinking tonight and he replied that he has not had any alcohol in two days, then later changed his story to a couple of hours ago then finally stated that he was drinking in his car while
driving". The Deputy thought that the Defendant was impaired and called
for a DUI Investigator to respond to the scene.
The DUI investigator approached the driver' s side of the vehicle and made contact with the Defendant, who was sitting in the driver' s seat of his vehicle.
The investigator immediately observed indicators
of impairment and an open, half full, cold to the
touch 16fl oz Budweiser beer can sitting in the front middle cup holder. Investigator
removed the beer can from within the vehicle and poured it out onto the
grass. The Investigator explained the observations to the Defendant and requested him to perform some sobriety exercises, which he agreed to perform. During the
exercises, he showed signs of impairment and was arrested for DUI.
The Defendant was transported to Central Breath Testing where he
refused to provide his two lawful breath samples.The Investigator then
advised the Defendant of the Miranda warning. The Defendant made the following statements Post Miranda:
He was convicted of a DUI in 1995. He got caught again. He is guilty. He
does not believe his arrest is valid because Law Enforcement was
trespassing on his property. He hopes he gets a female judge to throw out
the case. He understand that the Investigator is doing his job and he is thankful that he is protecting the streets from drunks like him that could cause an accident
and hurt somebody. He is not that impaired. He understands that he was
wrong and should not have been drinking and driving but he got pulled over
in his driveway. He had at least two beers to drink, but would not say
where.
Result:
The firm filed a motion to suppress and on the morning teh motion was to be heard, the State dropped the DUI charge.
Osceola County. Client is a foreign national, who does not possess a license from the United States. He was pulled over for a tail light violation and subsequently arrested. The Ticket Clinic Attorneys were able to secure his foreign license and other documents, establishing to the State Attorney’s Office that no crime had been committed. All charges were dropped.
The defendant was stopped for swerving. After completing the roadside exercises he was arrested and refused breath testing. DUI charge dropped
