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RECENT COURT VICTORIES

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The Facts

Date: 08/03/2020

Case #: XX-CT-5XXX06

Charge

DUI

The Results

Law enforcement officers observed the client pull into a parking lot around midnight and park in a parking lot roadway.  He exited the vehicle, urinated, and got back in the vehicle.  He proceeded to leave without turning his headlights on.  He was pulled over.  Officers saw multiple open cans of beer in the client's vehicle.  When officers spoke with the client, they noticed he had bloodshot and watery eyes, dilated pupils, slurred speech, and a strong odor of alcohol coming from his person.  While officers conducted field sobriety evaluations, the client swayed back and forth and did not follow the officer's instructions.  He was arrested for DUI.  The Ticket Clinic defended him, and the DUI charge was dropped.

The Facts

Date: 07/28/2020

Case #: 2019CT######3

Charge

DUI

The Results

The Client’s vehicle was observed to be speeding and a traffic stop was conducted.  Once the client was observed by the Officer, the Officer determined that the Client was impaired by alcohol and arrested him.  Once at the jail the Client refused to provide a breath sample.  The Firm investigated the case and determined that a language barrier existed throughout the Officer’s investigation and this may be what led to the Client’s impaired appearance and his refusal to give a breath sample because he just didn’t understand.  The Firm spoke to the State about the case and the State agreed to dismiss the DUI charge.

 

The Facts

Date: 07/28/2020

Case #: 19-CT-5####0,

Charge

DUI

The Results

The client was driving a vehicle and had an accident, resulting in the vehicle overturning. He left the scene of the accident, and law enforcement officers found him several house later at a nearby gas station. When law enforcement contacted the client, they said they smelled alcohol on his breath and observed watery, bloodshot eyes. He also had dirt on his pants. The client admitted to driving the overturned vehicle. He was arrested for DUI. The Ticket Clinic defended the case, and the DUI charge was dropped.

The Facts

Date: 07/08/2020

Case #: 2019CF########

Charge

Aggravated Assault

The Results

The Defendant was charged with Aggravated Battery after his father and another co-defendant showed up to a business and were involved in a fight with the business owner.  The alleged victim, the business owner,  fell to the ground where it was alleged that all the co defendants and the client allegedly kicked the alleged victim in the head causing an injury that caused him to need stitches.  The Firm was retained and immediately began the case by deposing all the witnesses that saw the incident occur.  Hours of testimony were taken by the Firm, and it was finally established that the State couldn’t show with certainty that the Client himself was the one that caused the serious injury to the victim.  In addition, the “serious injury” in question turned out not to be as serious as alleged.  As a result of the above information and the Firm’s efforts, the State agreed to dismiss all charges.

The Facts

Date: 06/25/2020

Case #: 2019CT#####1

Charge

DUI

The Results

The Client was stopped for speeding and driving recklessly.  Once stopped the Officer believed the Client was impaired and ordered him out of the vehicle to conduct sobriety exercises.  The Client was alleged to have performed poorly on the exercises and was arrested for DUI.  The Firm investigated the case and discovered that the case was not as bad factually as the Officer in the case alleged, and because the Client also refused to provide a breath sample the case may be a case that was tried by a jury.  This fact along with the fact that the Client had a clean prior history led the State to dismiss the DUI charge.

The Facts

Date: 06/25/2020

Case #: 2019CT######2 – Hendry County

Charge

DUI

The Results

The Client was stopped for not having his lights on while driving.  After he was stopped the Officer noticed the smell of alcohol and that the Client seemed impaired.  The Officer had the Client submit to sobriety exercises, which the Officer claimed the Client did poorly on, however there was no video relating to the same.  In addition, once arrested, the Client was alleged to have refused to give a breath sample.  The Firm was retained to handle the case and discovered that there wasn’t enough evidence to prove the Client refused to provide a breath sample and was able to get the refusal removed from his driving record.  The Firm then requested the videos in the case.  The only video provided to the Firm was a video of a room with a toilet for three hours.  The Firm contacted the police station and asked if they had any other videos showing the actual refusal of the breath sample.  The Police department informed the Firm that the video might have been deleted.  The Firm then filed a motion to dismiss the case based upon a spoliation of evidence issue.  Before the motion could be argued the State agreed to dismiss the DUI.

The Facts

Date: 06/18/2020

Case #: 2019CT#######

Charge

DUI

The Results

Law enforcement saw the Client’s vehicle run a red light while speeding.  They conducted a traffic stop and observed the Client to be impaired by alcohol.  The Client was arrested after performing poorly on the sobriety exercises.  Once arrested the Client refused to provide a breath sample.  The Firm was retained and immediately pointed out to the State that the Client had no prior criminal history and was, with the exception of the refusal, extremely cooperative with law enforcement during their investigation.  The State agreed and dismissed the DUI charge.

The Facts

Date: 03/23/2020

Case #: 20***T*****

Charge

DUI

The Results

The Client was charged with Felony Hit and Run involving injury to a vulnerable pedestrian and DUI with property damage. The client turned left at an intersection and struck a vulnerable person using a wheelchair while entering a crosswalk. He stopped briefly but continued driving. The client was stopped by local police and asked to perform field sobriety exercises and submit a sample of his breath. The Ticket Clinic attorney negotiated with the Assistant State Attorney. The State consented to dismiss all charges with the completion of a substance abuse evaluation and any recommended treatment.

The Facts

Date: 03/11/2020

Case #: 20**-T*-******

Charge

Accident/Fatality

The Results

Fatal accidents are truly terrible and unexpected events in life. They can be made even more terrible when you are charged with causing the accident even though it was truly not your fault, and it was a set of extremely unfortunate circumstances. Recently our Client was involved in an accident in Fl. The Client’s vehicle was traveling with other vehicles on US 1. Witness testimony, taken by law enforcement, indicated that a vehicle pulled out onto the roadway in front of the Client at the last minute, making the crash unavoidable. As a result of the crash, the driver of the vehicle that pulled out into the roadway passed away. The Client’s vehicle was severely damaged but he was otherwise unharmed. Law enforcement then arrived on scene and did an accident investigation. Pursuant to their accident investigation the Officers determined that the Client was going over the speed limit when the accident occurred and issued him a citation that reflected he caused her death. Our lawyers investigated the matter and set it for trial. At said trial our lawyer got law enforcement to admit that there was only on extra second of reaction time available had the Client been traveling the speed limit. In addition, our lawyer paid careful attention to the evidence that was introduced in the trial and noticed that law enforcement didn’t have any evidence that identified our driver as the driver at fault. At the conclusion of said trial the County Court Judge held that one second was not enough additional time to make this terrible accident our Client’s fault. In addition, law enforcement failed to show who was actually driving the car, which was a serious flaw in their case. The case was dismissed, and while the Client cannot celebrate because someone passed away, he can take comfort in the fact that he didn’t cause the accident as indicated by law enforcement.

The Facts

Date: 03/06/2020

Case #: 20**-**-******

Charge

Leaving the Scene of an Accident

The Results

Client, a repo driver, was involved in a minor accident in the UCF parking garage while completing a repossession. After an investigation by the UCF PD, he was charged with Leaving the Scene of an Accident. The ramifications for even a withhold of adjudication would have been a 3 year suspension of our client's repossession license based on the fact his crime could have been considered "directly related to" his license. After presenting the State will all relevant mitigation, the State agreed to a civil infraction. Based upon diligent research, and attentive lawyering, we were able to spare our client an extreme hardship of losing his means of providing for his family.

The Facts

Date: 03/06/2020

Case #: 2****t******

Charge

DUI

The Results

The client was involved in an accident. Police were called to the scene and noticed that the Client smelled of alcohol and had trouble balancing and had slurred speech. The officers did a DUI investigation and noted in their report that the Client performed the roadside sobriety exercises poorly. He was arrested for DUI and transported to jail where he provided a breath sample that was more than three times the legal limit. To make matters worse this was the second time within five years that the Client had received a DUI. The Firm was retained by the Client and immediately investigated the case. The Firm discovered that while the officers stated in their report that the Client did poorly on the sobriety exercises, there was no video evidence to support this claim. If fact, the video of the Client at the jail showed the Client looking very sober, despite giving a breath sample that was very high above the legal limit. It was then discovered that the client had diabetes. The Firm hired a medical expert that was willing to testify that the Client’s breath alcohol could have been under the legal limit based upon the Clients medical condition and the false positive for alcohol that it can cause. It took more than two years of work, but the Firm finally got the State to agree to dismiss the DUI.

The Facts

Date: 03/03/2020

Case #: 20**************8

Charge

Driving While License Suspended

The Results

The client was pulled over by law enforcement for not having a center placed rear view mirror on their truck. Law enforcement discovered that the client was operating the vehicle without any valid driver license and arrested the client. The Ticket Clinic Attorneys got on the case and filed a motion to contest the Constitutionality of the police pulling over the client in the first place. As the client did have a side rear-view mirror on their truck, which is all that is required under Florida law, the Office of the State Attorney could not contest the motion and dropped all criminal charges.

The Facts

Date: 03/02/2020

Case #: 20********C*********

Charge

Exploitation of an Elderly Person

The Results

The Client was charged with Exploitation of an Elderly Person after law enforcement believed he was stealing his parents money while living with them. The Firm was retained to help and immediately began pouring through the voluminous evidence in the case, mostly consisting of bank records and witness statements of other family members. After the Firm’s investigation, the Defense uncovered that what appeared to be over $5,000.00 in unrecovered monies, was in fact, at most, possibly around $300.00. In addition, the Firm argued to the State that it couldn’t be established that this money wasn’t used to take care of the Client’s parents. This fact, combined with the fact that the parents had signed a very broad power of attorney in order to allow the Client to take care of them, convinced the State Attorney’s Office to drop all criminal charges.

The Facts

Date: 03/02/2020

Case #: 2019*********X*

Charge

DUI

The Results

A vehicle was stopped by the Delray Police Department for having its headlights and taillights off during evening hours. Upon making contact with the driver, the officer observed that the driver appeared impaired as she had slow comprehension, slurred speech and glassy and bloodshot eyes. The driver also was unable to maintain her balance upon exiting her vehicle. After admitting to having a glass of wine and several shots, the driver was asked to perform field sobriety exercises to dispel the officer’s belief that the driver was impaired by alcohol. During the exercises, the driver swayed and used her arms for balance and did not complete some of the exercises properly. The defendant was arrested and a breath test revealed that the driver had an illegal amount of alcohol in her system to be driving. The driver turned to The Ticket Clinic for representation. The DUI charge was ultimately dismissed and the driver avoided having to place an interlock device in her car and avoided an additional license suspension.

The Facts

Date: 03/02/2020

Case #: 2019********A**

Charge

DUI

The Results

A Deputy came upon a vehicle that was parked in the median with the motor running. Upon approaching the vehicle, the deputy observed the driver passed out in the driver’s seat. The unconscious driver was transported to the hospital by ambulance. Believing that the driver was impaired by alcohol and was unable to consent to a breath test due to being unconscious, a forced blood draw was conducted to determine the driver’s blood alcohol level. Upon examination of the blood, it was determined that the driver had a blood alcohol level that was over twice the legal limit. The driver was then charged with Driving Under the Influence of Alcohol. After retaining The Ticket Clinic to defend her on the DUI charge, the DUI charge was dismissed and she avoided an additional license suspension.

The Facts

Date: 02/28/2020

Case #: 2019**********X

Charge

DUI

The Results

The Florida Highway Patrol stopped a vehicle that was travelling southbound in the northbound HOV lane of Interstate 95. Upon stopping the vehicle, the trooper could detect the odor of alcohol coming from the driver and inside the vehicle. The driver was asked to perform field sobriety exercises. While performing these exercises, the driver was unsteady on his feet and nearly fell over. He also had difficulty counting and reciting the alphabet. The driver was then arrested for DUI. A breath test was conducted where the driver blew over twice the legal limit of alcohol. After hiring The Ticket Clinic, the driver’s DUI charge was eventually dismissed and he avoided an additional suspension of his license.

The Facts

Date: 02/25/2020

Case #: 20**-**-***********

Charge

Leaving the Scene of an Accident

The Results

Client was involved in a single vehicle accident on the highway. No witnesses observed the accident, and no witnesses could place our client behind the wheel. After running the license plate, the investigating agency made contact with our client's uncle, the registered owner of the vehicle. Eventually, they tracked down our client for an interview. Our client was charged with leaving the scene of an accident. After noticing the Officer issued a citation under the wrong Florida statute, we made a counter-offer to the State of entering a plea to a civil infraction. The State declined. The morning of trial, the State buckled and agreed to a civil infraction for a resolution.

The Facts

Date: 02/25/2020

Case #: 19C**********

Charge

DUI

The Results

A Deputy was traveling northbound in a marked patrol vehicle. As he proceeded, he noticed the tail lights of a vehicle 50 yards east. The Deputy could see the vehicle was stationary and not moving. This caught his attention, since there have been a rash of early morning convenience store robberies recently. The Deputy drove north to the first median break, made a u-turn, and headed back south. He could still see the vehicles tail lights, it was still stationary and not moving. The Deputy stopped his marked patrol vehicle approximately two car lengths behind the vehicle. He did not activate his emergency lights or siren. Though, he did flash his high beams on and off repeatedly for approximately 20 seconds, in an attempt to get the driver's attention; however, the vehicle did not move nor did the driver wave at him or move inside the vehicle. He placed his patrol vehicle in park and activated his blue/ red lights . The Deputy approached the driver' s side door and through the open emergency window observed the sole occupant and operator of the vehicle, a white male seated in the driver's seat behind the steering wheel, who was slightly reclined and sound asleep. The Deputy could hear the engine idling, so he peered inside the car through the open window and noticed the vehicles transmission was positioned in park. The male had an aluminum color watch laying on his left thigh and a cell phone, which was charging, face down on his right thigh. The Deputy observed a drinking cup of an amber, carbonated liquid in the center console; it had the appearance of beer. A backup Deputy arrived on scene and parked his marked vehicle. When the Deputy closed his car door, the sound woke the driver, who was startled and reached for the gear shifter. The Deputy announced himself, shined his flash light into the vehicle, and advised him to relax and not touch the gear shifter. The Deputy then noticed his eyes were very bloodshot and glossy. The Deputy asked the white male whether he was ok or if he was ill. He advised, he was tired, so he stopped to sleep. The Deputy asked him, if he knew where he was located. He replied, he was on his way home. Each time the white male spoke, the Deputy could smell the distinct odor of an alcoholic beverage. The Defendant was requested to perform field sobriety exercises, which he did poorly. The Defendant was placed under arrest for DUI. The Defendant refused to provide a breath sample. The firm set the case for trial and before the trial began, the State dropped the DUI charge.