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RECENT COURT VICTORIES

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The Facts

Date: 02/12/2018

Case #: 2107#######4

Charge

DUI

The Results

A police officer stopped the client for numerous moving violations. Upon police questioning, the client admitted to consuming three drinks and the officer reported the client had bloodshot eyes, slurred speech and an odor of alcohol. The officer conducted field sobriety exercises on the client and reported the performance was poor and indicated substantial impairment by alcohol. After hiring The Ticket Clinic, the attorney discovered the client suffered a past traumatic brain injury in 2009. The attorney theorized the field sobriety exercises were unreliable to this client because of his particular injury. The attorney had the client evaluated by a neurologist who prepared a report confirming the attorney’s beliefs. Despite the fact the client had a previous conviction for DUI, armed with the neurologist’s report, the attorney was able to persuade the prosecutor to resolve the case favorably for the client with an amended charge of reckless driving. Additionally the attorney persuaded the prosecutor to dismiss all six companion civil citations saving the client nearly $1000.

The Facts

Date: 02/05/2018

Case #: 07-00#####10A

Charge

DUI

The Results

Police were called out to a residence after our client allegedly attempted to enter a home. When the police arrived, they found him passed out inside of his car. The officers discovered that he did not live at the address and the homeowner did not know who he was. The officers conducted a DUI investigation and our client requested that they simply take him to jail because he was too intoxicated. The lawyers at the firm were able to convince the prosecutors that they would not be able to prove that our client was actually driving or in control of the vehicle. At the day of trial, the prosecuting attorney dropped all DUI related charges.

The Facts

Date: 02/05/2018

Case #: 16-00XXXXXX10A

Charge

DUI

The Results

Our client was arrested for DUI after running a red light. The client agreed to provide a breath sample and blew .152, almost double the legal limit. The lawyers at the firm successfully argued to transfer the client’s case to Veteran’s Court. Because the client served in the armed forces and successfully completed the Veteran’s Court Treatment Program, all of his charges were dismissed.

The Facts

Date: 01/29/2018

Case #: 2017MM00***5

Charge

Possession of Cannabis / Drug Paraphernalia

The Results

Client was in a car accident. When police arrived on scene, they found cannabis and drug paraphernalia in the client’s vehicle. The police arrested him at the hospital and found more cannabis in his pockets. The Ticket Clinic Attorneys contested the police actions as unconstitutional, the County Court Judge agreed, resulting in all charges being dismissed.

The Facts

Date: 01/25/2018

Case #: 17####6

Charge

Battery

The Results

Our client had a lengthy criminal record which included prison time and was looking at another long sentence if convicted. Our client was the passenger in a vehicle which was exiting a congested commercial parking lot when his vehicle was struck by another vehicle. The mannerisms of the other vehicle’s driver indicated that they were possibly impaired. The vehicle then attempted to speed off while our client’s vehicle pursued. Our client’s vehicle then cut the other vehicle off and our client, as well as the driver of the other vehicle exited their cars. Our client grabbed the keys from the other driver in an attempt to prevent him from fleeing. In the process, a fight ensued which resulted in the driver of the other vehicle being treated for facial fractures and lacerations. While receiving medical treatment, the alleged victim provided a blood test which indicated that he was twice above the legal limit for impairment. Our client was charged with felony battery. We deposed the attending medical personnel as well as the victim and a witness. We were able to gather contradicting statements from the witness and the alleged victim indicated his reluctance to participate in the prosecution of our client. After indicating the difficulties of the case to the State, they agreed to dismiss the case.

The Facts

Date: 01/25/2018

Case #: 00####9

Charge

Reckless Driving

The Results

The client was driving her vehicle on Alico road and, while adjusting the radio, she struck a vehicle which was stopped at a red light. The officer issued the client a citation for reckless driving. In the report, the officer indicated that the client was driving the speed limit and that the cause of the accident was due to her being distracted by the radio. We filed a motion to dismiss alleging that the State did not have the facts necessary to convict under the reckless driving statute.

In our argument we pointed out that the crime of Reckless Driving is defined under Section 316.192, Florida Statutes. Under the statute, Reckless Driving consists of two factual elements:

The defendant drove a motor vehicle, and
The defendant did so with a willful or wanton disregard for the safety of persons or property.
Determining whether behavior is reckless is a factual inquiry. In this case, all that we have is a rear end collision with no tire marks and a confession of playing with the radio which is most likely excluded from trial under the accident report privilege.

As indicated in the statute, neither carelessness nor ordinary negligence in the operation of a vehicle are sufficient to support a conviction for reckless driving. See State v. Lebron, 954 So. 2d 52 (Fla. 5th DCA 2007); D.E. v. State, 904 So. 2d 558 (Fla. 5th DCA 2005). The defendant’s actions must be knowing and purposeful, or carried out with a conscious and intentional indifference to consequences and while knowing that harm was likely to be done to persons or property. W.E.B. v. State, 553 So.2d 323, 325-26 (Fla. 1st DCA 1989). We presented the argument that the actions of the client were merely negligent and did not constitute a blatant disregard for the safety of others and therefore were not sufficient to satisfy a conviction. The State agreed and dismissed the case on 1/23 before the motion was heard.

The Facts

Date: 01/23/2018

Case #: 2017CT00***6

Charge

Driving Under Suspension with Knowledge

The Results

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, all without the client ever having to appear in court.

The Facts

Date: 01/23/2018

Case #: 2017CT00***9

Charge

Driving Under Suspension with Knowledge

The Results

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, all without the client ever having to appear in court.

The Facts

Date: 01/23/2018

Case #: 17mm19xxxxxx

Charge

DUI

The Results

A Manatee County Sheriff Deputy noticed a vehicle drifting within its lane. The vehicle would touch the white has mark on the right and the solid white line on the left. The Deputy then noticed the driver was not wearing his seat belt. A traffic stop was conducted. The Deputy then made contact with the Defendant who had droopy eye lids, a flushed face and bloodshot, glassy eyes. The Defendant spoke with a slur and appeared off balance when he exited his vehicle. The Deputy requested the Defendant to perform field sobriety exercises, which he agreed. The Defendant exhibited multiple clues of impairment. The Deputy then read the Defendant his Miranda warnings, which the Defendant waived. The Defendant admitted to drinking throughout the day and smoking two bowls of marijuana. The Defendant was then arrested for DUI. A search of his vehicle resulted in the Deputy finding a pipe with marijuana residue. The Defendant admitted this was the pipe he used to smoke earlier in the day. The Defendant provided 2 breath samples of .000. He also provided a urine sample which was positive for marijuana.

Result: Based on discussions with the firm regarding the evidence in the case, the State dropped the DUI charge.

The Facts

Date: 01/22/2018

Case #: 17-ct-xxxxxxx

Charge

DUI

The Results

On July 23, 2017, the Defendant was involved in a crash. The Defendant violated the right of way of another vehicle while pulling away from a stop sign. After the initial traffic crash investigator noticed a strong odor of alcohol on the Defendant’s breath and other indicators of impairment, a DUI investigator was called to the scene. The DUI officer requested the Defendant to perform field sobriety exercise, which he refused. The Officer then placed the Defendant under arrest for DUI involving property damage. The Defendant refused to provided a breath sample.

Result: the firm filed a motion for discharge and prior to the motion being heard, the State dropped the DUI charge.

The Facts

Date: 01/17/2018

Case #: 17ct01xxxxxxx

Charge

DUI

The Results

The Defendant was stopped after he was observed traveling westbound on Kennedy Blvd and running the red light at Howard Ave. The Defendant also drifted in and out of his lane prior to coming to a stop. Upon making contact with the Defendant, the Officer noticed a blank/dazed stare and watery/bloodshot eyes. The Defendant also had an odor of an alcoholic beverage on his breath and was unsteady on his feet when he exited the vehicle. The Defendant performed poorly on the field sobriety exercises and was arrested for DUI. The Defendant provided two breath samples of .087 and .092.

Result: Based on discussions with the firm, the State dropped the DUI charge.

The Facts

Date: 01/12/2018

Case #: 170#######0A

Charge

No Motor Vehicle Registration

The Results

Our client met up with several friends at the Seminole Casino. Because her friends had had a few too many drinks, our client offered to drive their car home. Once on the road, the client was stopped by Davie Police and issued a criminal ticket for failing to register a vehicle, even though she was not the owner of the car. The lawyers at the firm set the case for trial after the prosecutor refused to drop the case. At trial, the Judge found our client not guilty of all charges.

The Facts

Date: 01/11/2018

Case #: 150#####U10A

Charge

DUI

The Results

Our client was stopped for speeding in Hollywood by an off-duty Miami Dade Police Officer. After stopping our client, the officer believed him to be under the influence of alcohol. Deputies from the Broward Sheriff’s Office arrived, conducted a DUI investigation and arrested the client. Our client provided a breath sample and blew .141, almost double the legal limit. The lawyers at the firm filed a motion to suppress arguing that the Miami Dade officer lacked probable cause and jurisdiction to stop our client. On the date of the hearing, the prosecutor dropped all charges.

The Facts

Date: 01/11/2018

Case #: CT000#####

Charge

DUI

The Results

The Client was found trying to change his tire after a witness reported that the Client had struck a tree, severely damaged his vehicle, and then kept driving. The Client did not seem to realize that his car had been in an accident and when the officers questioned him further he didn’t even seem to know where he was located. After the crash investigation the Officers performed a DUI investigation and determined that he was impaired, and asked him to submit to alcohol and drug testing. The Client complied and the alcohol sample was negative, however the drug sample turned up many different controlled substances. Once the Firm was hired to handle the case it was discovered that most of the damaging statements and evidence came during the crash investigation based on the Client’s testimony. The Firm filed a motion to throw out those damaging statements based upon the accident privilege rule. Before the motion could be heard the State dismissed the DUI charge.

The Facts

Date: 01/02/2018

Case #: CT-00XXXXXXXX

Charge

Driving With an Invalid License

The Results

The client was arrested in Orlando for driving without a valid license. The case became lost in the court system which resulted in the no court date being assigned. The Ticket Clinic Attorney advised the client of the situation and after waiting the proper period of time, filed a Motion to Dismiss. The State dismissed the case before the motion could be heard.

The Facts

Date: 01/02/2018

Case #: ct5#####3002

Charge

DUI

The Results

The client was driving to pick up her daughter from her ex-husband’s house. When she arrived, the ex-husband smelled alcohol and believed the client to be extremely impaired so he refused to allow his daughter to leave in the vehicle with the client. She became irate and the ex called the police and stated that the client was drunk and that he just wanted her to leave the residence. The officer arrived on the scene and activated his lights for the stop while the client’s vehicle remained in the driveway with the engine running and the client behind the wheel. After a brief encounter with the client, the officer began his DUI investigation and arrested the client for suspicion of DUI. In the police report, the officer stated that he stopped the client for fear that she was fleeing the scene. We filed a Motion to Suppress arguing that the officer did not have a legal basis for the stop of our client. At the hearing, the officer admitted that he was dispatched to the scene of a verbal dispute and not a physical dispute, the difference being that the allegations of a verbal dispute did not constitute a crime which would justify the stop. The officer also admitted that he did not observe any other criminal activity which would justify the stop. Based on the officer’s testimony and the supporting case law, the Judge agreed with our position and granted the Motion to Suppress. The State dismissed the case

The Facts

Date: 01/02/2018

Case #: 02####6

Charge

Resisting an Officer or Arrest

The Results

Officers were dispatched to a residence regarding a physical altercation between residents of shared household. The officers located the alleged victim outside of the reported residence. The victim stated that our client attacked him and that he wished to press charges. The officers approached our client, who was in the front yard and upon observing the officers approaching, locked the front gate to his residence and ran inside his house, closing the door behind him. An officer then jumped over the locked gate and kicked open the door, arresting our client in the kitchen of his residence and charging him with battery and resisting without violence. After the arrest, our client experienced chest pains and was taken to the hospital where he engaged in a loud verbal argument with police in the privacy of his Emergency Room treatment room which resulted in a Public Intoxication charge, which was subsequently dismissed after filing a c-4 motion that the facts of the case did not support a conviction (specifically that our client was not in a public area and there was no threat to the safety of others). We filed a c-4 motion to dismiss the Resisting Without Violence charge as well claiming that the officer was not in the execution of a legal duty since he did not obtain a warrant prior to arresting our client. We also argued that the Hot Pursuit doctine did not apply because this is a misdemeanor offense and there was no threat to the safety of others because the victim was outside of the residence, in the custody of the police and there was no evidence which could possibly be destroyed in the residence. The state never filed a traverse or demurrer and on the day of the hearing, we requested that the Judge take this inactivity as an acknowledgment that the State was in agreement with our motion and we requested a dismissal. The Judge agreed and dismissed the Resisting Without Violence on 12/13. Our client was thrilled to have his Public Intoxication and his Resisting Without Violence dismissed.

The Facts

Date: 01/02/2018

Case #: CT-XXXXXX9

Charge

Violation of License Restriction

The Results

The client was arrested for violating the restrictions on his driver’s license. After speaking with the client and reviewing the evidence the Ticket Clinic Attorney filed a Motion to Dismiss. Once the motion was filed the State Attorney’s office elected to dismiss the charge without a hearing and without the client ever having to go to court.

What Our Clients Are Saying…

"I just wanted to say thank you! Your firm not only got all my daughters charges dismissed, but there were no court costs or even driving school! She had definitely gotten herself into some trouble and I cannot believe the outcome was this good!! Thank you again! I will recommend you to anyone that asks. I don't know if there are any website for reviews on law firms, but if there is let me know so I can say how excellent your firm is." Yelp User -     "As a young college student, being charged with a DUI was one of the scariest things I have had to deal with. The Ticket Clinic was able to get my case together quickly and get me the best deal I could have asked for. The DUI charges were dropped. The Ticket Clinic was able to put me at ease during one of the hardest times of my life." Sinead -     "The Ticket Clinic was professional and in constant contact with me from the first phone called, until the case was closed. To make a long story short, I was not convicted of a DUI - since then, I referred a friend to the Ticket Clinic." Richard -     "I was faced with a DUI. Most people fear jail, but I heard that it would ruin my record for life. This can cost you a job, credit, relationships. The more we are an online world the more your record is available to the public - a DUI stays forever. The Ticket Clinic didn’t settle, but successfully defended my DUI case. They are the only ones I would trust confidently with a serious matter." Dave -     "I was face with an unjust DUI and called The Ticket Clinic to represent me. I was never faced with such a serious situation before. TTC’s professionalism, confidence and knowledge put me at ease, knowing I was in good hands. As I went through this ordeal, TTC was on top of everything and brought this to closure quite quickly. TTC has also helped me find a lawyer in another state for a friend in a similar situation. I highly recommend The Ticket Clinic!" Scott -     "I was facing a DUI charge but TTC got my charges dismissed, even though I submitted to a breath test! I would recommend them to anyone facing a DUI. Thank you again for everything." Kiersen -     "I was pleased to receive your letter of February 21, 2017 advising me that all charges against me were dismissed by the Court. I am very pleased how the Ticket Clinic handled my case. I definitely will recommend the Ticket Clinic to friends and neighbors should they be issued a traffic ticket. Many thanks again for solving my problem." Wolfgang H. -     "In a world where people always seem to want to register complaints, I thought I would take a moment and register my extreme satisfaction with your company and especially for Miss T! She is extremely helpful, courteous, and knowledgeable and she is a pleasure to do business with!" Jeff M. -     "Great Job!!!!! Keep up the great work.We are extremely impressed with your performance. :)" Lionel O. -