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RECENT COURT VICTORIES

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The Facts

Date: 05/16/2022

Case #: 2021-CT-002**9 – DUI w/ Crash

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DUI

The Results

Our client was involved in a single vehicle accident. His car was found in the woods and upon arrival he told the police officers that he was the driver. After the DUI investigation and arrest a breath test registered a result of .143 and .137. The police failed to Mirandize our client on scene and consequently, we were able to file a motion to exclude the admission that he was the driver of the car.  After the filing of the motion and the state agreeing that it was a valid motion, the State agreed to drop the DUI charge.

The Facts

Date: 05/03/2022

Case #: 2020-CT-***9 – DUI and Leaving the Scene of an Accident 

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DUI

The Results

Our client was involved in a vehicle accident in an apartment complex and then continued driving about 150 feet from the scene of the crash. According to the report, the accident resulted in another parked car's rear window imploding. The police officer who arrived on scene noticed signs of impairment. Roadside exercises were offered but our client refused. After the arrest a breath sample was taken, which showed a result of .251. Due to the administrative rule requiring 2 breath samples, we pointed out to the State that the result would be inadmissible. The state agreed, dropped the DUI to reckless driving and completely dropped the leaving the scene charge as well.

The Facts

Date: 04/25/2022

Case #: Case 210XXXXXXA – Driving While License Suspended Acquittal

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Driving While License Suspended

The Results

Our client was found at fault in a high speed rear-end collision with a vehicle that was parked at a red light. He admitted to looking at his phone immediately prior to the crash and was driving while his license was suspended. He was issued non-criminal traffic citations for failure to use due care and failure to provide proof of insurance. He was also issued a criminal traffic citation for Driving While License Suspended. Our client was facing a maximum of 60 days in the Broward County Jail. The Ticket Clinic attorney for Broward County set the case for trial to make the State prove the allegations against our client. During the trial, our attorney was able to keep out key pieces of evidence which completely prevented the State from being able to prove that the crash occurred in Broward County and that our client knew his license was suspended. As a result of our attorney's efforts, the Judge granted a directed verdict of Not Guilty on the two non-criminal traffic infractions and granted a Judgement of Acquittal on the criminal charge of Driving While License Suspended.

The Facts

Date: 04/21/2022

Case #: 2022CTXX9 – DUI Charge Reduced

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DUI

The Results

Our client was on their way to a vacation when they ran into their neighbor's mailbox. The neighbors called the police reporting that our client was drunk. Our client submitted to a breath test and blew 0.00. Despite the fact that a urine sample would be practical LEOs requested a warrantless blood draw. 
Using our relationships with The State Attorney's Office we were able to voice our concerns that this warrantless blood draw was unconstitutional and agreed to a reduced charge of reckless driving! 

The Facts

Date: 04/18/2022

Case #: 21-005XXXXXA – DUI Charge Dropped

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DUI

The Results

Our client rear ended a vehicle stopped at a red light while travelling at a high rate of speed. After the crash investigation was completed, the deputy on scene called for a DUI investigator, who advised that he was 30-45 minutes away. Rather than conduct the DUI investigation himself, the deputy recruited paramedics in a scheme to trick our client into going to the hospital for a blood draw by creating the impression that he did not have a choice in the matter and that his injuries were more serious than they actually were. Once at the hospital, deputies told our client that they would arrest him if he did not agree to provide a sample of his blood for the purpose of testing its alcohol content. Under duress, our client complied with the deputies' show of force and provided a blood sample, which revealed that his blood alcohol level was .225, nearly 3 times the legal limit. The Ticket Clinic attorney for Broward County filed a motion to suppress arguing that the deputies had illegally detained him and transported him to the hospital against his will to circumvent time limitations on a DUI investigation. Our attorney further argued that his consent to a blood test was not voluntarily given because he was threatened with arrest if he did not comply. The State Attorney's Office reviewed our attorney's motion and agreed with his arguments. Because none of the evidence against our client was lawfully obtained, the State dropped all charges.

The Facts

Date: 04/18/2022

Case #: 2020ct####### Palm Beach County DUI Dismissed

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DUI

The Results

The Client was involved in an accident where he crashed into several vehicles.  Law enforcement arrived on the scene and conducted a DUI investigation.  During the investigation, because of the language barrier, the Client refused to cooperate with the investigation.  The Client was arrested for DUI where he subsequently refused to provide a breath sample.   The Firm investigated the case and discovered there a was a lack of evidence in the case showing that the Client was impaired.  The videos in the case only showed the Client standing with law enforcement. As result the Firm set the case for trial. The day before trial the State agreed to dismiss the DUI.

The Facts

Date: 04/18/2022

Case #: 2020-CT-****67 – Driving While License Suspended & DUI | Not Guilty Verdict

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DUI

The Results

On July 5, 2020 our client was arrested for DUI and Driving While his License was Suspended. After failed negotiations, Ticket Clinic lawyers set the case for a jury trial. According to police, our client was leaving a bar and crashed his car and then tried to leave the scene. Our client said that his ex-girlfriend was driving at the time of the crash. When the police arrived, our client was in the driver's seat. The vehicle had become inoperable after the crash. Ticket Clinic lawyers presented several defenses during the trial.  First, we argued that the car was inoperable, so he could not have been "driving it". Next, we argued a "necessity defense" as his girlfriend left the vehicle in an unsafe manner, forcing our client to try to move the car. The trial lasted 2 days and the jury deliberated for less than one hour.  When they returned, the jury announced a verdict of NOT GUILTY to all charges.  Needless to say, our client was very happy!

The Facts

Date: 04/13/2022

Case #: ####49 – Marijuana Possession Charge Dropped

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Possession of Cannabis / Drug Paraphernalia

The Results

The Ticket Client was hired to represent an 18 year old charged with Possession of Marijuana and Possession of Drug Paraphernalia following a 3/31/22 traffic stop. The firms attorney's quickly identified the legal issue that rendered the search that took place to be unlawful. The attorney made quick contact with the Assistant State Attorney assigned to the case and was able to convince him not to file any charges against the client.

The Facts

Date: 04/12/2022

Case #: 2021CT######### – Boating Under The Influence Dismissed

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DUI

The Results

The Client was enjoying himself on his boat with friends when he was stopped for having too many people on his boat.  During the course of his encounter with law enforcement it was determined that the Client had been drinking and was impaired.  The Officer had the Client do several sobriety exercises.  The Client performed well on the exercises.  Subsequently the Client was asked to submit to a breath sample, which the client also passed.   Lastly, the Client was asked to submit to a urine sample, which came back negative for controlled substances.  The Firm presented all these facts to the State Attorney’s Office, which refused to dismiss the case because their view was the exercises weren’t performed well enough to dispel impairment.  The Firm set the case for trial several times and presented case law to the State as well.  Finally the State agreed to dismiss all charges.

 

The Facts

Date: 04/04/2022

Case #: 2022-CT-**** DUI Case Dismissed

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DUI

The Results

Our client, an aspiring firefighter with an offer from a Fire Department in hand, was arrested and charged with Driving Under the Influence. The only thing the officer indicated prior to arrest was that the client was asleep in the vehicle, in the wrong lane. There was never a mention of any other potential indicator of impairment. After our client's arrest, a breath sample of .04 - half of the legal limit - was provided. Our client also provided a urine sample.

Upon receipt of the evidence, our attorneys set the case for trial and did not waive our client's right to a Speedy Trial. With a breath sample under .05, our client was entitled to a presumption of non-impairment, meaning the State would have to argue that their own science was incorrect and our client, despite a .04 breath sample was impaired beyond a reasonable doubt.

On the eve of trial, the State dismissed the case against our client, knowing they could not prove the charges.

The Facts

Date: 04/01/2022

Case #: 2021CT####### DUI Dropped

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DUI

The Results

The Client was involved in a severe accident where both vehicles were totaled.  Once police arrived they noticed that the Client seemed impaired by alcohol and found an open alcoholic beverage in the vehicle.  The Client had injuries he was complaining of and was transported to the hospital for treatment.  Once at the hospital law enforcement had the Client complete seated sobriety exercises.   Afterwards the Officers asked for a blood sample from the Client.  The Client refused to give a sample.  The Firm investigated the case, including several hours of body camera footage.  It was determined by the Firm that the Officers never actually knew how long the Client was going to be treated in the hospital.  As a result the request for a blood sample was unlawful.  The Firm filed a Motion to Suppress the refusal to give a blood sample.  The case was also set for trial following said motion.  Days before the motion was to be heard the State agreed to drop the DUI charge.

The Facts

Date: 03/29/2022

Case #: 2021-CT-8XX – DUI Case Dismissed

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DUI

The Results

Our client was parked in a truck on the side of a dirt road, when an Alachua County Deputy performed an investigatory stop. The Deputy ordered our client out of at gunpoint. Our client was subsequently arrested and charged with DUI.
Upon reviewing the facts of the case, our attorneys filed a Motion to Suppress evidence on the grounds that the deputy who was responding for a call for service for shots fired at a house did not have reasonable suspicion to perform an investigatory stop. Therefore, the attorneys argued that everything after the stop including the DUI investigation must be thrown out as fruit of the poisonous tree.
The State pursued prosecution against our client based on the fact that there was an independent basis for the stop. Our attorneys fought hard and in a motion to suppress hearing convinced the Judge that not only was investigatory stop unconstitutional, but that any independent basis for the stop was not compelling because it was not articulated in the Deputy's arrest report or supplemented to the report at a later date.
The Judge granted our attorney's motion and The State had no choice but to dismiss the case against our client.

The Facts

Date: 03/29/2022

Case #: 2022MMXX8 – Domestic Violence Case Dismissed

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Domestic Violence Felony VOP

The Results

Our Client was charged with domestic violence in Marion County. Our client was estranged from family for a very long period due to a no-contact order. The alleged victim told the State that there was no violence and that the evidence the State was relying on was from a previous unrelated incidence. However the State would not drop the charges. The clients hired The Ticket Clinic on 03/28/22 and our attorneys utilizing their relationships with the State Attorneys Office immediately went to work to get the charges dropped. Our attorneys were able to get the case dismissed by 03/29/22 and the Family was able to become Family again.

The Facts

Date: 03/21/2022

Case #: Case: 210XXXXXXA – Leaving the Scene of An Accident

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Leaving the Scene of an Accident

The Results

Our client was attending a birthday party when she was threatened with violence and chased out of the party by a knife wielding assailant. As she was attempting to escape, the assailant blocked her vehicle and threatened to kill  her if she did not stop. She tried to drive around him, but was unable to avoid contact with the assailant and several vehicles in the parking lot. The State of Florida charged her with Leaving the Scene of an Accident, a second degree misdemeanor punishable by up to 60 days in jail. The Ticket Clinic Attorney set the case for trial, planning to assert a necessity defense. However, by objecting to the admission of certain testimony and video evidence, our attorney was able to prevent the State from proving that our client was the driver of the vehicle. As a result, our attorney was able to move for a Judgement of Acquittal, resulting in the dismissal of all charges against our client.

The Facts

Date: 03/07/2022

Case #: 2021-CT-****-A Marijuana DUI

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DUI

The Results

Our client was arrested and charged with a DUI after suffering a medical episode while driving and crashing into a tree, then hitting a house. At the hospital, a "Drug Recognition Expert" believed our client was under the influence of marijuana. However, the officer did not complete a Drug Recognition Evaluation in order to determine what, if anything, was actively impairing our client's faculties. Our client, a medical marijuana user, freely admitted that they had legally used marijuana approximately 24 hours prior to driving. Even being a "Drug Recognition Expert", the officer placed our client under arrest for her medical episode.

Upon reviewing the facts of the case, our attorneys filed a Motion to Suppress evidence on the grounds that the "Drug Recognition Expert" officer did not have the requisite suspicion to ask our client to submit to Field Sobriety Exercises, nor the requisite probable cause to arrest our client based on the totality of the circumstances.

The State pursued prosecution against our client. Our attorney, using the relationships that have been cultivated with the State based on reputation and respect, explained, in great detail, why the State legally could not prove the case against our client.

Taking everything into consideration, the State offered to amend our client's DUI charge to a civil Careless Driving citation with no criminal conviction, no civil conviction, no points, and minimal sanctions.

The Facts

Date: 02/28/2022

Case #:  2021ct#####6# DUI Charge Dropped

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DUI

The Results

The Client was involved in an accident in an apartment complex. The Police were called to the scene and discovered that the Client was impaired by alcohol.  After doing a DUI investigation the Client was arrested and transported to jail.  While at the jail the Client provided a breath sample that was twice the legal limit.  The Firm investigated the case and discovered that no one was hurt in the accident and that there may be some lack of evidence issues with respect to the driving element of the case.  The State would not drop the DUI charge based on the fact that there was significant damage alleged to have been done to the apartment complex.  The Firm investigated this issue and discovered that the damage was actually minimal and that the Client could afford to fix the issues.  After the Firm had several discussions on the matter, the State finally agreed to dismiss the DUI charge once an agreement was reached on the amount of money needed to fix the apartment complex.

The Facts

Date: 02/25/2022

Case #:  2021ct######9 DUI Case Dropped

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DUI

The Results

The Client was stopped for swerving and almost hitting other traffic.  Once stopped it was discovered that she had her 3 year old son in the vehicle.  Upon smelling the odor of alcohol on the Client she was immediately ordered out of the vehicle and asked to complete DUI sobriety exercises.  After doing the exercises the Client was arrested for DUI but refused to give a breath sample.  The Firm immediately ordered the video for the Client’s DUI stop.  The video showed that the Client did exceptionally well on the exercises.  The Firm argued to the State Attorney that the Officers likely over-reacted to the fact that there was a child in the vehicle and arrested the Client on very little evidence of DUI.  The State refused to drop the DUI charge.  The Firm set the case for trial and shortly before trial the State finally agreed to drop the DUI charge.

 

 

The Facts

Date: 02/22/2022

Case #: XXXXXMU10A – DUI & Criminal Charges Dismissed

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DUI

The Results

Our client was involved in a traffic crash on February 12, 2021. When officers arrived, they noted that they observed our client to have slurred speech, an odor of alcohol on her breath, and that she was incoherent. When questioned by officers, our client admitted to consuming a bottle of pink moscato approximately 30 minutes before the accident. During the DUI investigation, officers alleged that our client displayed horizontal gaze nystagmus in both eyes, was unable to keep her balance, swayed while standing, and was unable to follow instructions. After completing the investigation, she was placed under arrest and agreed to provide a sample of her breath to determine the alcohol content of her breath. After the results of this test showed that our client did not have any alcohol in her system, officers requested that she provide a urine sample to test for the presence of controlled substances. The urine test revealed the presence of several controlled substances and our client was charged with DUI causing property damage. The Public Defender assigned to her case filed several motions to suppress, but never attempted to have the result of the urine screening suppressed. After observing, the Ticket Clinic attorney litigate another case while she was waiting for her public defender to address her case, she decided to hire our firm to represent her. Within 2 weeks of hiring our office, the Ticket Clinic attorney was able to convince the state to drop all criminal charges against her because the officers did not have probable cause to request a urine sample, and without the urine sample, the State of Florida had no evidence showing that our client was impaired at the time of the crash.