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RECENT COURT VICTORIES

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The Facts

Date: 08/02/2021

Case #: 16-2021-CT-000XXX – DUI, 3rd offense charges dropped

Charge

DUI

The Results

Our client's vehicle made a wide turn, swayed and crossed over the center line multiple times. Our client was stopped for the infractions.  According to the officer, our client showed signs of impairment and had a 12 pack of beer in his car with several "empties." Ticket Clinic attorneys took over the case and filed a Motion to Suppress, alleging that the stop was unlawful. At the hearing, our attorney was able to get the officer to testify in a manner that established that the stop was improper. The Judge agreed with our assessment of the fact and law and granted our motion. The prosecutor was forced to drop the DUI and the Judge dismissed all traffic infractions as well.

The Facts

Date: 07/29/2021

Case #: 20-CT-***24*, 24* – DUI, DUI w/ Property Damage – Not Guilty

Charge

DUI

The Results

Our client was driving erratically. He was being followed by a car load of teenage girls who video taped his driving pattern while calling police. According to the witnesses, he was swerving badly, driving in the wrong lane, ran into a curb on a several occasions, went into the grass shoulder and almost hit a few mailboxes. Eventually, he lost control of his car and went airborne over a culvert, landed in a ditch and then ran into a fence. When officers arrived, our client was seated in the driver's seat. After being arrested, our client took a breath test (blew .00) and refused to give a urine sample. Ticket Clinic lawyers were able to convince the prosecutor to drop the DUI to an amended Reckless Driving charge.  Our client did not want to accept the offer, so we took the case to a jury trial.  During the trial, we were able to convince the Judge to dismiss one of the DUI charges. The 2nd count went to a jury and they returned a Not Guilty verdict in 28 minutes.

The Facts

Date: 07/22/2021

Case #: 20-XXX5XXX10A – Charge Reduced

Charge

DUI

The Results

The State Attorney's office charged our client with DUI causing Serious Bodily Injury, a 3rd degree Felony that carries a minimum/mandatory sentence of 4 years in prison. The State Attorney's office alleged that our client spent a day at the Hard Rock Casino in Hollywood drinking and gambling with friends; and that on his way home, he was involved in a serious car crash while travelling approximately 90 miles per hour. Our client's passenger suffered a broken neck, and a witness on scene allegedly heard our client admitting that he was drunk. Our client refused to provide a sample of his blood, and the Davie Police Department submitted a refusal affidavit to the DMV, which triggered an automatic license suspension. The Ticket Clinic attorney in Broward County requested an administrative hearing to challenge this suspension. During the hearing, our attorney was able to challenge the state's evidence and question the arresting officer. The FLHSMV overturned our client's license suspension, and the State Attorney's office eventually dropped all DUI charges against our client and withheld adjudication on the lesser charge of Reckless Driving. Our client went from facing a felony conviction and at least 4 years in prison, to a withhold and now has the option to seal and expunge this case from his criminal record.

The Facts

Date: 07/21/2021

Case #: 21ct003xxxxx – DUI Charge Dropped

Charge

DUI

The Results

On March 18, 2021 at approximately 4:14am, a Deputy arrived just east of the intersection between Dale Mabry Highway and County Line Road. Upon his arrival he observed a gray Honda Civic parked on the grass shoulder to the right of the eastbound lane of County Line Road. The Defendant was observed in the driver seat with the driver door open. As the Deputy parked his car, the Defendant exited the vehicle. The Deputy made contact with the Defendant who appeared to be heavily intoxicated. His speech was slurred and he had the smell of an alcoholic beverage coming from his breath. The Deputy asked the Defendant where the keys to the vehicle were located and he responded they were on the ground by his foot. The Deputy located the keys next to the Defendant’s foot while he was standing next to his vehicle’s rear passenger side tire. The Deputy then took the Defendant into custody for a DUI investigation. The Defendant did refused to perform the field sobriety exercises as he claimed he was not driving. The Defendant was arrested for DUI. The Defendant refused to submit to a breath test. A prior conviction for DUI was found on the Defendant’s record from 2010.

Result: The firm set the case for trial and prior to the trial date, the State dropped the DUI charge.

 

The Facts

Date: 07/20/2021

Case #: 21-XXXXXXXX10A – All Charges Dropped

Charge

DUI

The Results

Our client was charged with Driving Under the Influence and Resisting an Officer Without Violence after police officers encountered her in a gas station parking lot while responding to a call regarding a domestic disturbance. During the investigation, our client admitted to officers that she drank two beers at a Florida Panthers game and struck a curb while driving home. After their investigation, officers attempted to arrest her for DUI, but alleged that our client resisted by tensing her arms and resisting efforts to put her in handcuffs. The Ticket Clinic attorney in Broward County prepared a motion to suppress all of the evidence gained as a result of her detention, alleging that because the officers did not physically observe her driving, they could not lawfully arrest her for DUI. Our attorney further argued that because the arrest for DUI was unlawful, our client could not be charged with resisting an unlawful arrest. The State Attorney's office dropped all criminal charges against our client without requiring a hearing on the motion to suppress

The Facts

Date: 07/14/2021

Case #: 562020MM****86 – Battery Charge Dropped

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Battery

The Results

Our client, who was 28 years old, got into an argument with his step-father over a car and money. Our client was accused of punching his step-father in the face and head several time by his mother, who witnessed it and tried to break it up. The mother called 911 and the step-father was able to hold the Defendant on the ground until the police arrived. The step-father had visible injuries on his face and head according to the police. Our client was arrested for Battery. Ticket Clinic lawyers took over the case, entered a Not Guilty plea, reviewed all discovery and set the case for a trial. Several days before the trial was set to start, the State agreed to drop the Battery charge.

The Facts

Date: 07/14/2021

Case #: 562021-CT-****13 – DUI Charge Dropped

Charge

DUI

The Results

Our client was stopped for speeding and driving recklessly according to the police officer. Per the officer, our client failed to stop and continued driving away from the officer. Soon thereafter, our client crashed his motorcycle and the police were then able to catch up to him. At the hospital blood was taken. She State attempted to subpoena his medical records in order to get the blood results. Ticket Clinic lawyers were able to delay that attempt and set the case for trial. Ticket Clinic lawyers picked a jury and they were sworn in. Once the jury was sworn, jeopardy attached. At that point, the State agreed to drop the DUI charge mid trial.  We were also able to avoid a Fleeing charge as well.

The Facts

Date: 07/13/2021

Case #: 562019CT-****47 – DUI Charge Dropped

Charge

DUI

The Results

Our client's car was stopped for failing to maintain a lane of travel. The deputy smelled alcohol in the car and began a DUI investigation. After the investigation was complete, our client was arrested for DUI. A breath test was requested and our client blew under the legal limit. A urine test was requested, which was positive for chemical/controlled substances. Ticket Clinic lawyers filed a Motion to Suppress the Urine Results, based on an illegal search. On the day of trial, after 2 years working on the case, the State finally agreed to drop the DUI charge.

The Facts

Date: 07/12/2021

Case #: 432020CT****71 – DUI Charge Dropped

Charge

DUI

The Results

Our client was pulled over for failing to maintain his lane of travel. He admitted to coming from a bar and having 2 drinks. After noticing signs of impairment, he was asked to perform roadside exercises and he agreed. According to the officer, his performance was poor and he was arrested for DUI. Due to Covid, the case moved very slowly and the State would not agree to drop the DUI.  Ticket Clinic lawyers set the case for a jury trial.  After it was set, the State finally agreed to drop the DUI charge.

The Facts

Date: 07/08/2021

Case #: 19-CT-***468 | DUI Charge Reduced

Charge

DUI

The Results

Our client was involved in a 3 car wreck, one of which was a police vehicle. The police officer was stopped ahead, and our client failed to move over and struck the police vehicle. The Deputy sustained minor injuries. Officers on scene noticed signs of impairment, including the odor of alcohol, balance issues, bloodshot/watery eyes, slurred speech, and an admission to drinking. A DUI investigation was started and the officer said that our client "flunked". A breath test was provided and the results were .141 and .142.  Our client was charged with 3 counts of DUI. Initially the plea offer included 30 days in jail. After many attempts, the State finally agreed to reduce the charge to reckless driving and dropped 2 of the DUI charges.  This new offer included no jail and no driver license suspension!

The Facts

Date: 07/07/2021

Case #: 20-CT-***207 – DUI Case Dropped

Charge

DUI

The Results

Our client was stopped for driving at night with no headlights on. When the police approached, our client handed the officer a bag of marijuana and his driver license. Our client's eyes were red/watery and his speech was slow.  A Drug Recognition Expert was called to the scene and our client admitted to recently smoking a joint. The officer noticed signs of marijuana impairment. Roadside exercises were performed and our client was arrested.  A breath test result registered .00, and a urine sample was not properly provided.  The State Attorney initially refused to drop the case.  Eventually, a reckless driving offer was extended, which was declined.  The offer was improved, but again it was refused by our client. We demanded a jury trial.  With the jurors upstairs, ready to start the trial, the State finally agreed to drop the DUI completely.

The Facts

Date: 07/07/2021

Case #: 20-CT-***068 – DUI Case Dropped

Charge

DUI

The Results

Our client was stopped speeding. The officer saw a 6 pack of White Claws on the passenger seat and a 6 pack of Stella's on the passenger floorboard. An open/empty White Claw was in the driver's side door. The driver's eyes were bloodshot/watery and there was a very strong odor of alcohol coming from the driver according to the officer. A DUI investigation was started and the officer said our client was "carefree" during the investigation and she mocked the officers. After the completion of the exercises, our client was arrested. She stated "I'm not drunk, I only had 2 White Claws". A breath test was requested and refused. Ticket Clinic lawyers began picking the case apart and negotiating with the State. Eventually, the State agreed to drop the DUI charge.

The Facts

Date: 07/06/2021

Case #: 2020-CT-**** – DUI Charge Avoided

Charge

DUI

The Results

Our client was charged with a DUI and qualified for the DUI Pre-Trial Diversion Program. During his time in the program, our client was rejected for violation of his ignition interlock device, and his case was put back on the Judge's docket for active prosecution. Our attorney filed a Motion to Suppress evidence the State sought to use against our client based on the interaction the client had with police. Upon review of the motion filed, the State offered our client a reduced charge - Reckless Driving - with minimal sanctions. Our client was successfully able to avoid a DUI conviction on his record, as well as an additional license suspension.

The Facts

Date: 06/23/2021

Case #: 16-2021-CT-000XXX – DUI Charge Dropped

Charge

DUI

The Results

Our client was transported to the hospital by his wife to be treated for extreme alcohol consumption and PTSD. Our client refused treatment and attempted to leave by sitting in the drivers seat of the car. He argued with his wife saying he wanted to drive home. While his wife had the key fob to her registered vehicle, he was able to start the car due to her close proximity. Our attorney filed a motion to suppress evidence based upon inoperability of the vehicle since the key fob was not in his possession. He argued in that motion that our client, although behind the wheel of the car, the state could not prove actual physical control. Prior to the start of the hearing, the Judge mentioned that if that key fob was not possessed by the defendant, then there was no actual physical control. The state dropped the dui charge.

The Facts

Date: 06/14/2021

Case #: DUI Case Dropped – Case 31XXXXXXXX

Charge

DUI

The Results

Client was pulled over for driving without rear or front lights at 3am. Client was followed for 2 miles and was all over the road. Client was off dash camera roadside, but could be heard asking for a Creole Interpreter and arguing with Deputies. Deputies told him he spoke perfect English. Client said he would do whatever they wanted, but was then heard saying "What are you doing to my eyes?" Client was promptly arrested and was not given the opportunity to do FSE's because the Deputies had had enough. Video at the jail shows client asking for someone who speaks Creole a couple times, and when they read him Implied Consent he shrugged his shoulders which they took as a refusal. Case prepared for trial. Friday before trial, prosecutor offered lessor Reckless Driving which client refused. Monday before jury selection, prosecutor filed Nolle Prosequi dropping case.

The Facts

Date: 06/10/2021

Case #: DUI Case Dismissed | 2020-CT-****

Charge

DUI

The Results

After a minor accident, our client was transported to the hospital for treatment. While he was at the hospital, medical staff relayed privileged information to law enforcement who had responded to the scene. Our client was asked to submit to a blood test to determine it's alcoholic/chemical substance content. Our client refused to provide a blood sample. Law enforcement, even without any scientific evidence to support it, charged our client with a DUI. Upon receipt of the evidence, our attorney filed a Motion to Suppress our client's refusal to submit to a blood test as it was improper procedure on the part of the police. Prior to a hearing on the Motion, the State dismissed the case.

The Facts

Date: 06/09/2021

Case #: DUI Charges Dropped – 20ctxxxxx

Charge

DUI

The Results

On Sept. 26, 2020 at approximately 12:06am, a Tampa Police Officer was at the intersection of E. 5th Ave and N. 16th St in Ybor City. The officer observed a gray Jetta driving with no lights on. The officer stopped the vehicle and made contact with the Defendant. The Defendant rolled the back driver side window down at first. When asked if he knew why he was being stopped, the Defendant stated he did not know the city too well. The officer observed an odor of alcohol on the Defendant's breath. His eyes were bloodshot and glassy, and he admitted to a shot of tequila. Field sobriety exercises were conducted and impairment was observed. The Defendant was then arrested for DUI. The Defendant submitted to a breath test with results of .079 and .077.

Results: The firm set for the case for trial and prior to the trial date the State dropped the DUI charge.

The Facts

Date: 06/07/2021

Case #: DUI Case Dismissed – 20-ct-6xxx

Charge

DUI

The Results

On July 27, 2020 at approximately 9:18pm the Defendant was traveling north on US-41 when she began drifting out of her lane. The vehicle then made a wide right turn and traveled into the opposing lane. The Defendant kept driving down the wrongs side of the roadway until finally correcting into the correct side of the road. The Defendant then crossed over the center fog line at least 4 different times and contacted the right shoulder 2 different times. During one of the times contacting the right shoulder, the Defendant almost struck a mailbox. At this point, the Trooper initiated a traffic stop. Upon making contact with the Defendant, the Trooper noticed her to be extremely upset. The Trooper claimed to observe an odor of alcohol, slurred speech and her eyes were red. The Defendant then performed field sobriety exercises and was arrested for DUI. The Defendant provided breath samples of .113 and .123.

Results: The firm filed a motion to suppress and the day before the Motion was scheduled to be heard, the State dismissed the DUI charge.