The defendant was stopped for making a turn from the wrong lane. The defendant completed roadside exercises and took breath test. He blew .083 and .088. Dui charge dropped during trial.
The Defendant's vehicle was observed to be speeding and failing to maintain its lane of travel. The police officer followed the vehicle for approximately 1 mile and initialed a traffic stop. Upon making contact, the officer noticed that the driver "reeked of alcohol" and had bloodshot eyes. The driver admitted to consuming Heineken beers at a nearby bar. The officer called for a DUI officer to arrive as a DUI investigation was about to begin. The DUI officer noticed similar signs of impairment as well as slurred/mumbled speech. Roadside exercises were offered and performed on video. The driver was arrested and offered a breath test, which he refused. After completing discovery and deposing the stopping officer, our law firm filed a Motion to Suppress, arguing that the detention of the driver was unlawful. Through detailed research, almost 50 pages of Florida caselaw was obtained and provided to the State Attorney in support of the firm's motion. In response to the motion and research, the State Attorney agreed to drop the DUI charge. This same Defendant retained The Ticket Clinic for a DUI several years ago, and we were able to get that DUI charge dropped as well!
Client was stopped for allegedly going 64 in a 35mph zone. When the officer approached, he noticed glassy eyes and an odor of alcohol. He also noticed the driver to be slow and lethargic. The officer asked our client where he was coming from and the client said “none of your business”. He was asked to step out of the vehicle and perform field sobriety exercises. According to the arrest report, he sternly refused. The officer told him he would cut him a break and let him call for a ride or walk home. Our client elected to walk home. After the officer left, our client re-entered his vehicle and attempted to drive off. He was stopped again by the same officer and arrested for DUI. We filed a motion alleging the stop was bad, and that there was no reasonable suspicion to investigate and no probable cause to arrest. After the motion was heard, but before the judge ruled, the state dropped the criminal charge.
The defendant was charged with Felony Driving While License Suspended and was offered more than half a year in jail by the State Attorney. The Firm filed a motion on his behalf to dismiss the felony charges as they should only be misdemeanor charges. The State submitted and dropped the felony charge to a misdemeanor with no jail.
The Defendant was stopped for having an expired license plate. Upon making contact with the Defendant the Officer noticed the Defendant to have the odor of an alcoholic beverage about his breath, bloodshot eyes, slurred speech and his large motor skills seemed to be affected. Upon being asked by the officer to produce his driver’s license, the Defendant handed him a credit card. The Defendant admitted he had been drinking prior to getting in the vehicle. The Defendant was asked to perform roadside exercises and performed poorly. The Defendant was arrested for DUI and submitted to the breath test. The results were .136/.141 g/210L, almost twice the legal limit. All DUI charges were dropped by the State of Florida
According to the police, they came into contact with the Defendant and smelled the odor of cannabis. They eventually arrested the Defendant for Possession Cannabis. 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 9/20/16, at approximately 3:15am, a DUI investigator responded to I-275 in reference to assisting an officer with a possible impaired driver. Upon his arrival, the investigator was informed the vehicle had been stopped by the officer after traveling north on Howard Ave riding against the curb with wheels rubbing the curb much of the time. The vehicle was also swerving and failed to maintain a single lane three times. The vehicle also stopped in the middle of an intersection and then drove through the emergency section of I-275 after the Howard Ave ramp before the traffic stop was initiated.
The DUI investigator made contact with the Defendant who had a distinct odor of alcoholic beverage coming from is breath. The Defendant also had bloodshot/watery eyes and slurred speech. The investigator requested the Defendant to perform field sobriety exercises. The Defendant agreed. During the walk and turn exercise, the Defendant swayed and nearly lost his balance. The Defendant took the wrong number of steps, missed heel to toe and stepped off the line during the exercise as well. On the One Leg Stand exercise, the Defendant swayed noticeably, used his arms for balance and put his foot down. On the Finger to Nose exercise, the Defendant did not follow instructions and only raised his right or left hand without attempting to touch his nose at all. After the investigator explained the exercise again, the Defendant failed to touch his nose with his finger tip on each attempt. The Defendant also did not return his hand to his side on each attempt and tilted his head forward.
The Defendant was placed under arrest for DUI. The Defendant was read Florida's Implied Consent law regarding providing a breath sample. The Defendant agreed to testing. Once at Central Breath Testing, the Defendant placed water in his mouth while in the restroom after being specifically told not to do so by the Investigator. The 20 minute observation period was then restarted and the Defendant then indicated he would not provide a breath sample. The Defendant was then read Implied Consent regarding commercial drivers, as the Defendant possessed a CDL. The Defendant still refused to provide a breath sample.
Our client was transporting a new truck he purchased earlier that week when a FHP Trooper stopped him for improper use of a Transporter Tag. The Trooper towed the truck, seized the tag, and cited our client with a criminal charge of No Motor Vehicle Registration. After thorough research of transporter tag statutes and case law, we were able to discuss the case directly with the Trooper, the Assistant State Attorney handling the case, and the Judge. After a long debate, the State agreed to drop the criminal charge.
Our client holds a Class A Commercial Driver's License. While traveling on I-75, he stopped at a weigh station. While going through inspection, the FHP Trooper informed him that his license was suspended for financial responsibility (insurance), and cited our client for criminally driving while license suspended with knowledge. Our client was adamant that he was unaware of any problems and fixed his license. Even with a valid driver's license and no prior criminal history, the State Attorney wanted a conviction for a criminal charge. In reviewing our client's discovery packet from the State, his driver's license record failed to show he was properly given notice of his suspension at the time the ticket was issued. We made the decision to push the case forward to trial and reject the State's offer. At the time the Judge asked the State if they were prepared to proceed to trial, the State dismissed all charges against our client.
Our client was pulled over for having an expired tag. During the stop it was discovered our client's license was suspended. Although our client told the officer she didn't know about it, he charged her with a criminal violation for driving while license suspended with knowledge. Our client called us shortly after the stop and we were able to direct her on how to correct her license issue and get it reinstated. Our client was able to provide us a copy of her valid driver's license the very next day. At her first court date, we showed the State and the Judge her valid driver's license and they agreed to drop the criminal charge.
Our client was allegedly caught shoplifting at a local theme park. The store did not wish to press charges. While being searched by law enforcement prior to being removed from the park, officers located a small bag of cocaine in our client's pocket. Our client told officers that although he found the cocaine in a bathroom inside the park, he did intend on keeping it and using it later. Our client had no criminal history, and we were able to get him into a drug program for first time offenders. After completing the conditions of the program successfully, the State dismissed all criminal charges against our client.
