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RECENT COURT VICTORIES

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The Facts

Date: 03/23/2020

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

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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*-******

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

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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: 03/06/2020

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

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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: 03/03/2020

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

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

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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**

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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: 03/02/2020

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

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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: 02/28/2020

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

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

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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.

The Facts

Date: 02/25/2020

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

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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: 02/24/2020

Case #: 20*****0*****X*

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Reckless Driving

The Results

A concerned motorist called the police after observing a vehicle driving all over the road and almost striking a pedestrian. An officer subsequently located the vehicle and initiated a traffic stop. Upon stopping the driver, the officer noted the driver was having difficulty keeping his eyes open, his pupils were constricted and he was swaying front to back. The officer had the driver perform filed sobriety exercises. During portions of the field sobriety exercises, the driver was swaying, hopping, leaning and using his arms for balance. The officer arrested the driver for driving under the influence and requested that he provide a breath and urine sample. The driver submitted to a breath test but refused to provide a urine sample. The driver then retained The Ticket Clinic for legal representation. The lawyers of The Ticket Clinic sent a pre-filing letter to the Palm Beach State Attorney’s Office explaining the weaknesses of the case. The State Attorney’s Office agreed that the driver should not be charged with Driving Under the Influence. The case was ultimately resolved without any criminal conviction on the driver’s record.

The Facts

Date: 02/20/2020

Case #: 20*************X*

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DUI

The Results

An Officer responded to a call of a driver who was passed out behind the wheel of his pickup truck in the drive through lane of a fast food restaurant. Upon awakening the driver, the officer noticed that he had glassy and bloodshot eyes and that there were beer cans in the bed of the pickup truck. The driver initially made vague statements about where he was coming from and said he drank a few beers at a friend’s house. The officer also noted that the driver seemed sluggish and uncoordinated. Based on the officer’s observations, the officer asked the driver to perform roadside exercises to determine if he was impaired by alcohol. Upon exiting the vehicle to perform the exercises, the officer noted that the driver was unsteady on his feet and swaying. After performing poorly on the roadside exercises, including swaying and losing his balance, the driver was arrested for Driving Under the Influence. The driver submitted to a breath test, which showed that he was well-over the legal limit to drive. The driver then retained The Ticket Clinic to defend him on the DUI charge. Upon discussions with the State Attorney assigned to the case, the Driving Under the Influence charge was reduced to Reckless Driving and the client avoided a further license suspension and criminal conviction on his record.

The Facts

Date: 02/18/2020

Case #: 202**********

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DUI

The Results

The Client was charged with Driving Under the Influence above a .15 with property damage after he drove his beautiful Camaro into a telephone poll. The driver of the vehicle walked up hill to improve his cellphone service to call for help. A trooper arrived on scene and located the driver 1/2 mile up the road. The trooper observed all of the signs of impairment. Our client performed Field Sobriety Exercises, that were captured on video. The Client consented to a breath test. The client was taken to the hospital and cleared. Six hours after the accident, the client submitted a sample of his breath, .195 and .184 BAC. The Ticket Clinic Attorney fought the case by filing a motion to suppress based upon corpus delicti and staleness of the breath sample. The State’s evidence was successfully attacked and they were forced to reduce the charge to reckless driving with property damage, not-alcohol related.

The Facts

Date: 02/13/2020

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

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DUI

The Results

The client was found sleeping in running car in the parking lot of a liquor store. A store employee found the client and called 911 to report the incident. The police responded to the scene and found the client in the car asleep with the car running. During the encounter the client admitted to drinking vodka out of the bottle, being on probation for DUI, and he was subsequently arrested for DUI. After the arrest the client blew - a .39 and .38 (almost five times the legal limit). The attorney moved to have the breath test results suppressed as evidence – After a long battle the Court denied the motion. The attorney then filed a Motion to Suppress attempting to preclude the state from using evidence against the Client in trial. At the conclusion of the hearing the court sided with the Ticket Clinic Attorney, the state had not met their burden and the stop of the Defendant was suppressed. Three days later the State dropped the charges.

The Facts

Date: 02/13/2020

Case #: 20**********X*

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DUI

The Results

A concerned motorist contacted the police to report a driver of a pickup truck driving all over the road and unable to maintain his lane of travel on Interstate 95. An officer who happened to be driving on Interstate 95 observed the pickup truck failing to maintain his lane and, at one point, the pickup truck cut the officer off. After initiating a stop of the pickup truck on Interstate 95, a trooper with the Florida Highway Patrol was called to the scene to conduct an investigation. Upon approaching the vehicle, the trooper noticed a strong odor of alcohol on the driver’s breath and that the driver had glassy and bloodshot eyes and his speech was slurred. The driver admitted to drinking two alcoholic beverages. Believing that the driver may be impaired by alcohol, the trooper asked the driver to perform roadside exercises to determine if he was impaired. The driver performed poorly on the exercises including one exercise that had to be stopped because the driver was extremely unsteady on his feet. The trooper subsequently arrested the driver and requested that he submit to a breath test to which the driver refused. The driver was subsequently charged with Driving Under the Influence. After hiring The Ticket Clinic, the DUI charge was dismissed by the State Attorney and resolved to a Reckless Driving, which prevented the client from receiving a DUI conviction on his record and a further license suspension.

The Facts

Date: 02/10/2020

Case #: 20*********X

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DUI

The Results

The Client was charged with Driving Under the Influence after he was involved in a crash on a divided highway. The driver of the other vehicle died at the scene. During treatment by EMTs, the trooper requested that medical blood be drawn from the Client to determine the alcoholic content and to determine the presence of any illegal substances. The Client consented to the blood draw. The submitted blood samples indicated no alcohol, but a very high level of THC. The Ticket Clinic Attorney fought the case by filing a motion to suppress evidence of the blood samples. The State’s evidence was successfully attacked and they were forced to dismiss the case.

The Facts

Date: 02/10/2020

Case #: 20*********X***

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DUI

The Results

A trooper with the Florida Highway Patrol conducted a traffic stop on Interstate 95 after he observed a vehicle failing to maintain a single lane and almost colliding with the front of the trooper’s marked police car. The driver appeared to be dazed and confused and had glassy and bloodshot eyes. The driver was also agitated at times and had an odor of alcohol on his breath. Roadside exercises were conducted and the Defendant showed several signs of impairment while performing the exercises. The trooper subsequently arrested the driver and requested that he submit to a breath test to which the driver blew well-over the legal limit of .08.. The driver was subsequently charged with Driving Under the Influence. After hiring The Ticket Clinic, the DUI charge was dismissed by the State Attorney and resolved to a Reckless Driving, which prevented the client from receiving a DUI conviction on his record and a further license suspension.