The Client was found at a local park while he was semi-conscious in his vehicle by a park official. The Client was then asked out of the vehicle once law enforcement arrived to conduct field sobriety exercises. The Client was extremely impaired and later gave a breath sample that was nearly 3 times the legal limit. The Firm set the case for trial and let the State know that the defense was that the Client wasn't actually in control of the vehicle, as he was not conscious. The week before the trial the State agreed to dismiss the DUI charge.
Our client was pulled over for making a u-turn in a manner which almost cased an accident. Upon engaging our client the police allegedly detected the odor of alcohol on his breath and accused him of having bloodshot and watery eyes. The police further stated that our client admitted to drinking that evening at the Miccosukee Resort. The police began a DUI investigation and our client is said to have failed the field sobriety exercises which caused him to be arrested. At the police station, our client refused to provide a breath sample and allegedly stated to the police that the reason he was refusing was because he would likely fail the test. Our client was also driving on a suspended license. Our attorneys immediately set the case for trial and the assistant state attorney was forced to dismiss all charges for insufficient and conflicting evidence.
Our client was arrested after his vehicle matched the description given by a caller. According to the caller the vehicle was speeding, was not maintaining a single lane, and the caller believed the driver might be impaired. Law enforcement observed our client drive for just over a mile and then decided to make contact. Law enforcement then asked our client to exit his vehicle and perform exercises. After completing the exercises Law enforcement took our client into custody. After bonding out of jail our client contacted our office to begin working on his case. We thoroughly reviewed all of the State's evidence and Law Enforcement's reports. We requested a copy of the audio recording of the informant caller. Our office then prepared a defense strategy. After several discussions with the State prosecutor reviewing the weaknesses in the case they decided to drop all charges.
The Client was stopped because he was having difficulties getting into the gate to an apartment complex. The Officer noticed that the client smelled of alcohol and that his speech was slurred. At this point the Officer reqeusted the Client conduct field sobriety exercises. The Client began to do the exercises, but half way through just said "I'm drunk." The Client then refused to give a breath sample. The Firm discussed the case with the Assisntant State Attorney and asked the State to consider the Client's lack of a prior record and the fact that he cooperated with the State's investigation. The State agreed to dismiss the DUI charge.
According to the police, they saw the Defendant speeding side by side with another vehicle. Once the police stopped the Defendant, he told them that the other car had revved its engines while at a red light, and he did not want to back down. He told them it was a mistake, but that he was trying to beat the other car. The Defendant was charged with Racing on the Highway. If convicted, the Defendant would have faced a mandatory 1 year license suspension. The attorney for the firm was able to get the case dismissed.
Police responded to a three vehicle traffic accident. During their investigation the police were unable to determine who was at fault for the accident given the conflicting stories they received. However, our client was ticketed for driving without a valid drivers license. On the day of trial, the other drivers were demanding restitution for the damage their vehicles had sustained. Our attorneys emphasized the conflicting nature of the accounts surrounding the accident and were also able to show that the other drivers had difficulty identifying our client. As a result, the assistant state attorney was forced to dismiss the case and our client did not have to pay any criminal restitution.
On March 12, 2016, the Defendant was observed traveling westbound on Kennedy Boulevard. The Defendant's vehicle was drifting side to side. The Defendant then turned on Howard Avenue in front of the Officer and continued to drift in his lane. The Defendant then turned onto I-275 and continued to drift over the lane markers. The Defendant would accelerate to 80 mph, then reduce speed to around 60 mph. The Defendant was stopped for suspicion of DUI after continuing to drive outside of his lane on the interstate.
The Defendant was requested to perform field sobriety exercises which he agreed. The Defendant exhibited multiple clues of impairment on the walk and turn, and one leg stand exercises. The Defendant was placed under arrest for DUI. A search of the vehicle revealed a marijuana grinder in the center console. Marijuana buds were found on the vehicle floor in the space between the right side of the driver's seat and left side of the center console.
The Defendant was charged with DUI, possession of Marijuana and possession of paraphernalia.
Results: The State abandoned the marijuana and paraphernalia charges after case law was provided by the firm. The DUI charge was set for trial. On the morning the trial was set to begin, the State dropped the DUI charge.
The Defendant was arrested on an outstanding warrant on an unrelated charge. When he was arrested, he was asked if he had anything on him that he should not. He did not disclose that he was in possession of Hydrocodone and Alprazolam. When a secondary search was conducted at the jail for booking, he attempted to hide the pills in his sock. The police found them and he was given the two new charges. The attorney for the firm took over the case and conducted a thorough investigation. On the day of trial, the State dismissed all charges against the Defendant.
A FHP Tropper was following our client's car as he was driving but not maintining his lane of travel. Upon stopping the vehicle and approaching the driver's side, the Trooper noticed that our client had passed out and was non responsive. Fire Rescue arrived and transported our client to the hospital. Inside the car was a prescription bottle with several open capules containing a brown substance. The substance was determined to be Heroin, based on the chemical test performed by the Trooper. At the hospital, after Miranda Warnings, the Defendant admittted that the substance was Heroin. After being retained, our office contacted the State Attorney's office, pointing out some deficiencies with their case. After their review, the State decided to drop the Possession of Heroin charge.
On May 13, 2016 at 11 pm, a Tampa Police officer observed a red Nissan Versa driving on Howard Avenue at a very high rate of speed. The vehicle was also weaving in and out of traffic. The vehicle was paced at 70 mph in a 40 mph zone. The Officer then initiated a traffic stop on the vehicle. The Defendant immediately stated to the Officer that she knew she was speeding and was coming from the Outpost. The Defendant stated that she did not have anything to drink while at the Outpost. The Officer noticed a distinct odor of alcoholic beverage on her breath as they spoke and her eyes were glassy/red/bloodshot. The Defendant agreed to allow the Officer to check her eyes which displayed multiple clues on the HGN test. The Defendant then refused to perform any further field sobriety exercises. The Defendant was then placed under arrest for DUI. During search of the Defendant a single, small yellow round pill was located in her wallet. The pill was marked 'TEVA 832', which was found to be Clonazepam 0.5 mg. The Defendant did not have a prescription attached. The Defendant was then transported to Central Breath Testing and provided a breath sample of .096/.098.
Results: The State dismissed the possession of prescription drug charge and dropped the DUI charge.
Our client was stopped for failure to utilize his vehicle's lights, and subsequently charged with a DUI. We prepared a Motion arguing that the police officers lacked the reasonable suspicion needed to detain our client for the DUI investigation. In our opinion, the video did not support the officer's conclusion that our client showed visible signs of impairment. Our second argument was that the driving pattern was not indicative of an impaired driver. Further, we argued that the police failed to obtain the proper consent to perform the roadside exercises, and made our client feel that the exercises were mandatory. Based on the numerous arguments that we presented, the State agreed to drop the DUI charge.
Our office represented co-defendants who were pulled over by Florida Highway Patrol for allegedly weaving through lanes of traffic at speeds exceeding 100MPH on Florida's Turnpike. The police officer stated that he gave our clients a break and only ticketed them for reckless driving when he could have ticketed them for racing. Our attorneys were able to show the police officer and the assistant state attorney that they didn't have sufficient evidence for either criminal charge and the cases were closed as careless driving infractions with a fine.
