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RECENT COURT VICTORIES

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The Facts

Date: 01/24/2022

Case #: 2018ct###### – DUI & Possession Charge Dismissed

Charge

DUI

The Results

The client was charged with DUI after being stopped for swerving his vehicle across the roadway and almost hitting surrounding vehicles. The officer observed an odor of alcohol and marijuana in the vehicle and found marijuana in the vehicle as well. The client was asked to submit to sobriety exercises which he performed well. The officer arrested the Client anyways and had him submit to a breath sample, which resulted in a negative reading. The client was then asked to submit to a urine test, which showed multiple drugs in the clients system.  The client also admitted to being impaired at a 5 on a scale of 1 - 10. The firm set this case for trial multiple times over the course of the pandemic based on the fact that the video of the client looked good, despite the evidence that he was under the influence of drugs. The State consistently refused to dismiss the DUI on multiple instances. Finally, when the case was set to have a trial date, after almost four years, the state dismissed the DUI and the possession of marijuana charge.

The Facts

Date: 01/20/2022

Case #: 21-323xxxxxx – DUI Charge & Leaving The Scene

Charge

DUI

The Results

The Defendant was involved in a rear end accident and allegedly did not remain at the scene after attempting to drive away. Due to traffic in the area and the other party getting her license plate number, she was located.

Upon making contact with the Defendant, a Police Officer observed signs of impairment including the strong odor of an alcoholic beverage coming from her breath. The Defendant performed field sobriety exercises poorly and was arrested for DUI. The Defendant was charged with DUI and Leaving the Scene of an Accident. The Defendant refused to submit to a breath test after the arrest.

Result: Based on information provided to the State by the firm, the State dropped both the DUI and leaving the scene charges.

The Facts

Date: 01/14/2022

Case #: XXXXCF000X50 – Burglary & Felony Battery

Charge

Battery

The Results

Our client was arrested for Burglary, Felony Battery, and a violation of Pre-Trial Release. For these charges, our client was facing life in prison if the State could prove the case. Because of the seriousness of the charges, the client would have been incarcerated until the date of his trial. After several months of negotiating with the State to no avail, the firm's attorney had insight to file a motion to dismiss and set the case for trial seemed to move the needle. However, for a couple months the State would not budge in wanting to send the client to prison for a substantial amount of time. After realizing the State's position, we elected to Demand a Speedy Trial. This strategic decision leveraged the State in making them prove the case within 45 days of the Demand. They could not do so, and the State dropped the case on January 13, 2022 allowing our client to avoid a life sentence. 

The Facts

Date: 01/06/2022

Case #: 20-00XXXXMU10A – DUI Charge Reduced

Charge

DUI

The Results

Our client was found asleep in her vehicle on the side of the road near her ex-boyfriend's house after his mother called the police to report her for stalking. As officers approached the vehicle, they found her asleep in the driver's seat with the engine off and arrested her for Driving Under the Influence after our client refused to participate in a DUI investigation. The Ticket Clinic attorney filed a request for a formal review hearing with the DMV to challenge the suspension of her license. At this hearing, our attorney was able to pin the officers down on their story before their testimony could be coached. During this hearing, our attorney was able to get the officers to admit that they did not have any reason to suspect our client of DUI when they initiated what they referred to as a welfare check on the vehicle. Our attorney prepared a motion to suppress, arguing that because the officers did not have any reason to suspect our client of DUI and because she was alert in the vehicle and responded to the officers welfare check, they had no reason to continue the investigation or order her out of the car. As a result of our efforts, the State changed the charge from DUI to Reckless Driving and our client received a withhold of adjudication which will allow her to seal and expunge this case from her criminal record.

The Facts

Date: 01/04/2022

Case #: 21-009XXXMU10A – DUI Charge Reduced

Charge

DUI

The Results

Our client was pulled over after leaving the hospital where he had sought treatment for a bad reaction to a prescription medication. During the DUI investigation, our client advised officers that he had just left the hospital and explained that he was feeling tired and "off" from the prescription medication. Despite our client's statements, he performed well on field sobriety exercises. Unfortunately, performing well on field sobriety exercises is often not enough to avoid being arrested for DUI and our client was taken into custody. The attorney for the Ticket Clinic set the case for trial and explained to the State Attorney's Office that they cannot prove DUI for prescription medication if the medication is not a controlled substance. On the morning of trial, the State agreed and offered to change the charge to Reckless Driving and withheld adjudication, which will allow our client to seal and expunge this case from his criminal record.

The Facts

Date: 12/16/2021

Case #: 50-2021-CT-015***-AXXX-NB – DUI Charge Dropped

Charge

DUI

The Results

On September 11, 2021 police officers observed our client vehicle failing to maintain its lane of travel. According to the officer he noticed droopy/watery/red eyes, a flushed complexion and the odor of alcohol coming from the driver. The passenger in the car said the driver drank 1 martini while at a bar. Roadside exercises were offered and completed even though our client mentioned having a foot problem. At the conclusion, the officer decided to make an arrest for DUI and a breath test was requested.  Results were .118 and .116.  Ticket Clinic lawyers took over the case and reviewed Discovery and began negotiating with the State Attorney's office.  After months on the case, the DUI charge was dropped.

The Facts

Date: 12/15/2021

Case #: 50-2021-CT-005***-AXXX-NB – DUI Charge Dropped

Charge

DUI

The Results

On April 7, 2021, our client was stopped for speeding (85/55 mph) by local police. Police noticed bloodshot/glassy eyes, and a flushed complexion about the driver as well as an odor of an alcoholic beverage coming from the driver. When asked for documentation for the car, san empty envelope was handed to the officer. When asked about the odor, the driver said the odor was "years old". After exiting the car, the driver lost his balance as he walked to the back of the car. When asked, our client advised that he hadn't drank "that much".  Roadside exercises were requested and completed. After their completion, the driver was arrested and offered a breath test. The results were .196 and .185.  Ticket Clinic lawyers worked on this case for close to 8 months. After months of negotiating with the State, they agreed to drop the DUI charge.

The Facts

Date: 12/15/2021

Case #: 18-03XXXXMU10A – DUI Charge Reduced

Charge

DUI

The Results

Our client was pulled over for speeding and driving nearly twice the speed limit. Because he speaks with a heavy accent, our client was suspected of being impaired and was ordered to exit the vehicle to complete a DUI investigation. Our client performed very well on field sobriety exercises, but was still arrested for DUI. After reviewing the evidence against our client, the attorney for the Ticket Clinic immediately prepared a motion to suppress arguing that our client performed so well on field sobriety exercises, that no reasonable officer would have thought that he was impaired. Upon reviewing our argument and the body worn camera video, the State Attorney's office was convinced to change the charge from DUI to Reckless Driving and sentenced our client to a withhold and court costs. Because of our attorney's diligent efforts, our client avoided a conviction on his record and did not have to serve 1 day of probation.

The Facts

Date: 12/13/2021

Case #: 2019-CT**** – Second DUI Charge in 5 Years Reduced

Charge

DUI

The Results

Our client was arrested and eventually charged with a second DUI inside of 5 years. Upon reviewing the evidence, our attorney filed not one, but two motions to suppress evidence. After being unsuccessful in having the traffic stop declared improper, our attorney was able to successfully argue that the field sobriety exercises were coerced by law enforcement. The Court rules that the field sobriety exercises could not be introduced as evidence. On the day of trial, the State agreed to reduce the charge to Reckless Driving, with minimal sanctions. The amendment allowed our client to avoid the mandatory 10 days in jail that come with a 2nd DUI inside of 5 years.

The Facts

Date: 12/13/2021

Case #: XXXXXXMU10X – DUI With Property Damage Dismissed

Charge

DUI

The Results

Our client was hit by a driver who was making an illegal left turn; and as a result of the crash, the State obtained a blood sample showing that our client had a blood alcohol level nearly 3 times the legal limit. The State filed its Information nearly 18 months later, charging our client with DUI with Property Damage and DUI over .15. Our client was facing a 1 year revocation of his license and up to 364 days in jail. The Ticket Clinic attorney sent the State Attorney's Office a sworn motion to dismiss, arguing that the 18 month delay violated the statute of limitations on the DUI enhanced charge and that because our client was not at fault in the accident, the State could not prove the DUI with property damage charge. After reviewing our motion to dismiss, the State Attorney's Office conceded the motion and dismissed all charges against our client.

The Facts

Date: 12/13/2021

Case #: 50-2021-CT-011***-AXXX-SB – DUI Charge Dropped

Charge

DUI

The Results

Our client's car was seen facing the wrong direction at a dead end. Witnesses said they saw our client driving in the wrong direction earlier. Police made contact with the driver who was sweating, unable to communicate well, and his eyes appeared to be bloodshot. An extremely strong odor of alcohol was observed. The driver's speech was slurred and the driver was uncooperative. Roadside exercises were requested, but refused. After the arrest, a breath test was requested and agreed to. The results were .146 and .148.  After working on the case for months, Ticket Clinic lawyers were able to convince the State Attorney's office to drop the DUI charge.

The Facts

Date: 12/07/2021

Case #: 2021CTXXXXXXA – DUI Charge Reduced

Charge

DUI

The Results

Our client was charged with a DUI after an officer noticed a 'suspicious driving patter' and signs of impairment at the traffic stop. Our client does not speak much English. In looking at the discovery, the officers noted he understood the instructions during the time of the field sobriety exercises. They also noted he understood the implied consent warnings prior to requesting a breath sample. However, these same officers failed to turn over the video that provided the bases for the arrest. Further, in looking deep into the discovery of the case, Attorney Jonathon Alford was able to find a document, a single document out of all the paperwork,  that stated our client did not understand his Miranda Rights due to a language barrier.  Based upon our hard work highlighting the issues of the case, our client was offered a reduced plea to a wet-reckless.

The Facts

Date: 12/07/2021

Case #: 2021MMXXXXX – Battery Charge Dropped

Charge

Battery

The Results

The client committed a battery on her partner in front of law enforcement. After setting a stand your ground hearing, the State amended their original offer of the extensive Batters Intervention Program for domestic violence, to a 12 week anger management diversion which can be completed in 3 months. Upon the completion of the diversion, the case will be dropped completely.

The Facts

Date: 12/07/2021

Case #: 50-2020-CT-005***-AXXX-NB – DUI Charge Dropped

Charge

DUI

The Results

Officers saw our client driving at a high rate of speed.  As the vehicle approached an intersection, the driver went around the stopped vehicles to get around the other cars. According to the officer the driver appeared to be impaired and there was an open container in the car. The driver was asked to perform roadside exercises and he refused.  A breath test was requested and refused. Ticket Clinic lawyers took over the case.  A Motion to Suppress was filed and granted in part. Even though our client had another recent DUI arrest, we were able to get this DUI charge dropped.

 

The Facts

Date: 12/07/2021

Case #: #XXXXCT00XXX1 – Violation Of Probation Dismissed

Charge

Violation of License Restriction

The Results

The client was violated on his probation from over two decades ago. In looking into the case, it appears the probation and the clerks were not aware of the what the "left hand was doing from the right hand". After researching the case, we were able to prove that our client completed all the conditions and there was an error in violating him. Upon confirmation of the court, the violation was dismissed.

The Facts

Date: 12/06/2021

Case #: 2020-CT-**** – DUI Charges dismissed after motion to suppress

Charge

DUI

The Results

After a 911 call about a male in a vehicle causing a commotion, an investigation led to our client being charged with DUI. Upon reviewing the case, our attorney filed a Motion to Suppress evidence based on numerous grounds, including that the vehicle was inoperable. Law enforcement on scene indicated the vehicle was inoperable numerous times. Our attorneys attempted to negotiate that fact with the State while the motion was pending, but the State insisted on prosecuting our client. At the hearing, the judge ruled in favor of our client, and all of the evidence of the alleged DUI was suppressed and unable to be used in court. The State subsequently dismissed the charge against our client.

The Facts

Date: 12/01/2021

Case #: 2021-CT-**** – DUI Charged Dismissed

Charge

DUI

The Results

Our client was arrested and charged with his second DUI. Upon reviewing the evidence, our attorney filed a Motion to Suppress based on an illegal traffic stop, as well as an illegal detention of our client with no cause to request Field Sobriety Exercises. Prior to having a hearing on the Motion, the Office of the State Attorney contacted our attorney and informed him that they agreed with his Motion and promptly dismissed the case against our client.

The Facts

Date: 12/01/2021

Case #: 21cm00xxxxx – Boating Under The Influence (BUI) Case Dropped

Charge

DUI

The Results

On January 23, 2021, a Florida Fish and Wildlife Officer was on patrol in Hillsborough County. At approximately 5:20pm, he noticed a blue and white center console vessel approaching the Williams Park boat ramp. The FWC officer could not see any vehicle safety inspection sticker on the vessel. The FWC officer approached the driver of the boat. While speaking with the defendant, the officer noted a difficulty in providing the documents requested. During the safety inspection, numerous cans of beer were seen inside a hatch on the stern of the boat. The Defendant admitted to consuming about 5 beers and was taken into custody for a BUI investigation. The officer conducted the seated field sobriety exercises and impairment was detected. The officer placed the Defendant under arrest for BUI. The Defendant refused to submit to a breath test.

 

Result: The firm set the case for trial, but before the trial date the State dropped the BUI charge.