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RECENT COURT VICTORIES

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The Facts

Date: 11/23/2022

Case #: 2022-CTXXX1X – DUI Charge Reduced

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DUI

The Results

Client was involved in a traffic crash where he sideswiped another car. After the crash investigation, the police began a DUI investigation based on witness statements about his driving pattern, his eyes, and the odor of alcohol. Our client showed some balance issues but otherwise did well on field sobriety exercises and blew a .097.
Based on the nature of the crash the State denied all counteroffers for diversion and reckless driving. We set the case for trial and at 4:50 pm the day before jury selection the State offered a reckless driving amendment. Our client accepted and we resolved his case with very favorable conditions including no license suspension.

The Facts

Date: 11/23/2022

Case #: 2022-CT-XXX – DUI Dropped

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DUI

The Results

Client was involved in an accident where he ran another car off the road. After the accident investigation, the police began a DUI investigation because our clients speech was slurred and he smelled of alcohol. Our client did poorly on the field sobriety exercises and blew a .192.

Our firm filed 3 motions including a motion to exclude the breath test as the police did not perform the 20 minute observation correctly. We won all 3 motions and the breath test was excluded from evidence. After the breath was excluded, the State of Florida dropped the DUI.

The Facts

Date: 11/14/2022

Case #: 2022-CT-**1* DUI Dismissed

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DUI

The Results

Our client was asleep, in a parking lot, with music playing. Law enforcement contacted him, woke him up and questioned him as to why he was there. Eventually, they requested he perform Field Sobriety Exercises. Upon the completion of those exercises, our client was arrested and charged with a DUI. He refused to give a breath sample. Upon review of the evidence, our attorney and client agreed that this case was one that needed to go to trial because of how well he performed on the Field Sobriety Exercises. The case was set for trial. Upon reviewing their own evidence prior to trial, the State wound up dismissing the charges as they agreed, our client should never have been arrested.

The Facts

Date: 11/03/2022

Case #: CT-XXXXX DUI Charge Dismissed

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DUI

The Results

Our client was charged with DUI. After coming to us after hiring 2 other attorneys, we got her DUI charge dismissed. Our client provided a urine sample which reflected THC in her urine. We presented arguments to the prosecutor on the case citing why the State’s case was weak and why they would have difficulty proving their allegations against our client despite the urine test. The State agreed and dropped the DUI charge.

The Facts

Date: 10/21/2022

Case #: 2022ctXXXXX6 – DUI Dismissed

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DUI

The Results

The client was found sleeping in front of a store in a parking lot, but not in a parking spot. The vehicle was running and in drive. The police began the investigation and determined that the client was impaired by alcohol. He was arrested for DUI. After his arrest, the client gave a breath sample over the legal limit.  After several negotiations with the state, the state agreed to dismiss the DUI.

The Facts

Date: 10/10/2022

Case #: 2021-CT-***9 – DUI Case Dismissed

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DUI

The Results

Our client was located, asleep, behind the wheel of a running vehicle, that sat through two green light cycles. Law enforcement woke our client up, and immediately ordered him out of the vehicle, thus detaining him. A second officer arrived on scene and asked our client to submit to Field Sobriety Exercises based on him being asleep and smelling of alcohol. Our client agreed to submit to Field Sobriety Exercises and was placed under arrest for Driving Under the Influence. At the jail, our client agreed to submit a breath sample, which was found to be over the legal limit. Based on the facts, our attorney filed a Motion to Suppress the detention of our client and the request for Field Sobriety Exercises because law enforcement lacked reasonable suspicion to request them. After a hearing on the facts and applicable law, the Court agreed with our attorney, and ruled everything from the moment our client was ordered out of his vehicle as inadmissible evidence that could not be used in trial. As a result, the State dismissed the charge.

The Facts

Date: 10/04/2022

Case #: 2022-CT***8 – DUI Charge Dismissed

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DUI

The Results

Our client was arrested and charged by the police on Count 1-DUI, Count 2- DUI with property damage. Upon receipt of the case, our attorney maintained contact with the client, reviewed the facts. Our client complied with Field Sobriety Exercises as requested by the Officer, based on the Officer's opinion our client was placed under arrest.The affidavit detailed the odor of alcohol, glossy eyes and slurred speech, as well as not being able to stand straight or stop swaying. The body camera video showed the exact opposite, speaking English with a Portuguese accent, no glossy eyes and our client stood straight with no swaying. The request to perform roadside sobriety exercises was not a reasonable inquiry given the objective circumstances known to the officer at the time of the investigation. As a result, our attorney filed a Motion to Suppress which ultimately both counts were dismissed.

The Facts

Date: 09/26/2022

Case #: 2022-CF-**** – Felonies Discharged

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Felony Drug Possession

The Results

Our client was arrested and charged by the police with Possession of Cocaine, and Open Carrying of a Firearm. Upon receipt of the case, our attorney maintained contact with the client, reviewed the facts, and watched the calendar. The State failed to file charges against our client within 175 days, as required under his right to a Speedy Trial. As soon as the Speedy Trial period ran, our attorney immediately filed a Notice of Expiration of Speedy Trial and a Motion to Discharge the client, preventing the State from prosecuting him. Both charges were discharged, and the State cannot legally pursue the charges against him.

The Facts

Date: 09/06/2022

Case #: 2022CT######## DUI Dropped By State

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DUI

The Results

The Client’s vehicle was stopped for not having a tag light.  Once stopped law enforcement noticed an odor of marijuana and alcohol.  The Officer asked the Client to conduct field sobriety exercises.  The Client performed poorly on the exercises and was arrested for DUI.  Once arrested the client gave a breath sample that was under the legal limit.  The client then submitted a urine sample to be screened for drugs or controlled substances as it appeared that the Client had just consumed marijuana.  The Firm investigated the case and informed the State that it didn’t look like the State could prove the case.  The State agreed and dropped all charges.

 

The Facts

Date: 08/19/2022

Case #: 21-CT-011xxx – DUI charge reduced

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DUI

The Results

Our client was charged with DUI with Property Damage and Driving While License Suspended. He was driving on a suspended license while designated as a Habitual Traffic Offender and could have been charged with a felony. Our client was followed for over a mile driving on the rim of his car, and the officer observed him hit a car backing into a parking lot.Our client was arrested and  gave a breath sample of  .137 and .140.

The video of the incident showed at least  four officers officers being very aggressive with our client, enough so that our attorneys  believed there was a Defacto Arrest without any reasonable suspicion or probable cause to believe a crime was commited. The officers also failed to read  our client his Miranda Rights.

Our attorneys began  negotiating and preparing Motions to Suppress. Through our negotiations the prosecutor amended the DUI to Reckless Driving and only asked for only court costs on the Driving while license suspended, so our client is able to get a license with no further delay.

The Facts

Date: 08/10/2022

Case #: 2021CT######## – DUI Dismissed

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DUI

The Results

The client was involved in a motorcycle accident and was thrown from his motorcycle. The Client had serious injuries and was taken to a local hospital where they drew his blood and obtained a result of over 4 times the legal limit for alcohol. The client hired the Firm and the case was investigated. The Firm discovered that there may be a problem for the State to place the client in control of the motorcycle. The Firm set the case for trial. The day of trial the State dismissed the DUI.

The Facts

Date: 07/29/2022

Case #: 22CF****50 – Drug Case Dropped

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Felony - Possesion of Cocaine

The Results

Officers approached our client after a suspected collision with another vehicle. The Officer later conducted an investigation and searched our client's car. During the search the Officer located a bag of cocaine next to the driver's seat of the vehicle. In the State of Florida, possession of any amount of cocaine is a felony punishable by up to 5 years in prison. Our attorneys began working on the case and found that the State did not have enough evidence to prove our client was in possession of the cocaine. Our attorneys spoke with the prosecutors and presented legal argument as to why the State did not have enough evidence against our client to support a conviction for possession of cocaine. The State eventually conceded that it was unlikely that they could prove that our client possessed cocaine and dropped the felony charge against our client. 

The Facts

Date: 07/28/2022

Case #: 2022CTXXXXXX DUI Dismissed

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DUI

The Results

Our client hired us after being arrested for a DUI near a checkpoint. According to the client and affidavit, our client legally avoided the checkpoint. In doing so, he "swerved" in his turn. However, in applying the case law, The Ticket Clinic was able to show that this stop was illegal and that our client showed the savviness to avoid it in a legal manner.  This further evidenced he was indeed not impaired. Before the case ever saw a courtroom, we were able to get the entire DUI dismissed!

The Facts

Date: 07/22/2022

Case #: 2021CTXXXX4 – DUI Not Guilty

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DUI

The Results

Earlier this year, our client was involved in a minor fender bender after traveling a considerable distance in leaving a bar. A Drug Recognition Expert with Police Department arrived on the scene and determined our client was drunk driving. In the video, this was not apparent. Our client was in the middle of intense nursing school and could not afford to let this charge malinger. On her behalf, we demanded a speedy trial. At trial, The Ticket Clinic blocked vital expert testimony from the officer, limiting a portion of the State's case. We provided a defense with two witnesses who were with our client shortly before the arrest. In less than 30 minutes, the jury found our client NOT GUILTY!

The Facts

Date: 07/22/2022

Case #: 2100XXXXXXA – Felony DWLS

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Driving While License Suspended

The Results

Our client was pulled over for a tag violation where thereafter the officer alleged our client’s license was suspended, and due to her numerous prior convictions for Driving While License Suspended the officer charged our client with Felony DWLS. The client is in the medical field; felony sanctions placed her entire medical career in jeopardy. The client hired The Ticket Clinic after first firing an attorney that she had initially hired from a different law firm whose work and plea settlement involved felony sanctions that she was unsatisfied with. After being hired, the attorney with The Ticket Clinic reviewed the facts carefully, did extensive legal research and determined that a Felony DWLS was incorrectly charged, and that at most, the client should’ve received a non-criminal, civil infraction. The attorney convinced the prosecutor of the same and all charges were DISMISSED.

The Facts

Date: 07/15/2022

Case #: 2022-CT-****13 – DUI Charge Dropped

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DUI

The Results

Our client was seen speeding (80/50 mph) by police and was pulled over. Additionally, the vehicle was weaving. Upon making contact and checking the ID of the driver, the driver stared and appeared by be "spaced out". The drivers eyes were glassy, his speech appeared to be slurred and the odor of alcohol was coming from the driver. After exiting the car, roadside exercises were performed on video. After a poor performance (according to the police) the driver was arrested for DUI. A vape pen was discovered post-arrest. A breath test was requested and agreed to which results in a reading of .092. Ticket Clinic lawyers took over the case and negotiated with the State. Ultimately, the State agreed to drop the DUI charge.

The Facts

Date: 07/14/2022

Case #: 2021-CT-017**1 DUI Case Dropped

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DUI

The Results

Our client was stopped by police for failing to maintain his lane of travel. After stopping the car, police noticed signs of impairment.  Roadside exercises were performed and according to the police officer the defendant's performance indicated impairment and a DUI arrest was completed.  A breath test was requested after the arrest and the result was .00.  A urine sample was provided which showed the presence of multiple illegal substances including but not limited to cocaine.  After working on the case for many months, Ticket Clinic lawyers were able to convinced the State to drop the DUI charge.

The Facts

Date: 07/12/2022

Case #: 21-7xxxxxxx – DUI Charge Reduced

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DUI

The Results

Our client was charged with DUI. When Stopped for speeding the officer observed our client to have glassy eyes, slurred speech and smelled the odor of alcohol on his breath. Our client performed Field Sobriety Exercises and was ultimately arrested. He gave a breath sample with an alcohol content of .06 and gave a urine sample. The urine sample was tested and contained no illegal substances. Our attorneys prepared for trial and a motion to suppress evidence. We also provided the State with mitigation in our clients Military Service ultimately resulting in him being a Disabled Veteran. Due to our negotiations and compelling mitigation, the State amended the DUI charge to Careless Driving, a non-criminal civil infraction and the Judge witheld adjudication.