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RECENT COURT VICTORIES

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The Facts

Date: 11/04/2020

Case #: Careless Driving with Fatality | 2020TXXXX9

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Accident/Fatality

The Results

Our client was observed by witness drifting across his lane striking a semi tractor trailer causing the semi to careen into a tree line.  The client then crashed into two more cars traveling behind the semi.  The crash scene was chaotic, there were many injuries, and the driver of the semi died from his injuries sustained in the crash.  The client was was given a violation and faced a mandatory 6 months license suspension and $1000 fine and loss of his commercial driving career if found guilty.  Counsel for the client arrived at trial to face 8 troopers and two civilians present to testify against our client.  After two hours of testimony and evidence, counsel for The Ticket Clinic convinced the judge to dismiss the case because of reasonable doubt.

The Facts

Date: 11/04/2020

Case #: Impeding Traffic with Fatality | 20010XXXAXMX

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Fatality Accident

The Results

Our client, a licenses commercial driver, was driving a truck with a car tow trailer.  A semi tractor trailer crashed into the back of him and the driver of the semi died as a result of his injuries.  A traffic homicide investigation was conducted by Florida Highway Patrol.  The troopers came to the conclusion that our client was traveling 30 mph on the highway, and cited him with a Too Slow/Impeding Traffic violation causing a fatality.  The client was facing a 6 months drivers license suspension, $1000 fine, and loss of his commercial driving career.  Counsel for the client arrived at trial to face 8 troopers present to testify against our client.  After two hours of testimony and evidence, counsel for The Ticket Clinic convinced the judge to dismiss the case because of reasonable doubt.

The Facts

Date: 11/02/2020

Case #: 2019CT######## | DUI | Palm Beach County

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DUI

The Results

The Client’s vehicle was stopped for speeding 15 mph over the posted speed limit.

Once stopped the Officer stated he smelled marijuana and conducted a DUI investigation.  The Client performed somewhat poorly on the roadside sobriety exercises and was subsequently arrested for DUI.  Once at the breath alcohol testing facility the Client was requested to give a breath sample, which returned negative for alcohol.  Then the Client was asked to give a urine sample, which she refused to give.  The Officer then told her that whether she gave the sample or not her license would be suspended.  The advice given by law enforcement was incorrect.   As a result the Firm was able to not only win the Client’s license back but also convince the State to drop the DUI charge.

The Facts

Date: 10/23/2020

Case #: 2019mm###### | DUI and Battery on a law enforcement officer | Palm Beach County

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DUI

The Results

Law enforcement stopped the Client after the Client’s vehicle passed the Officer while he was conducting a traffic stop and the Client failed to move over or slow down.  Once stopped the Client and the Officer began arguing and the Client chest bumped the Officer.  The Officer conducted a DUI investigation and then arrested the Client for DUI and Battery on a law enforcement officer.  The Firm immediately began working on both charges. The State to agreed to dismiss the Battery charge,  based upon the fact that it could not be shown that the Client intentionally ran into the Officer.  In addition, The Firm argued that the Client did not appear to be severely intoxicated in the video and also had no prior criminal history.  The State agreed to dismiss the DUI charge if the Client wrote a letter of apology to the Officer involved.

The Facts

Date: 10/22/2020

Case #: Driving While Under The Influence | 20-CT-**1

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DUI

The Results

A 911 called reported an impaired person stumbling around the front of a car that was parked at a 7-11. After entering and then exiting the store (less than 2 minutes later), the 911 caller noticed that the same person was now inside the vehicle, who appeared to be passed out.  Police and paramedics arrived and the occupant of the car was awoken.  3 empty hard cider bottles were inside the car, and the officer noticed numerous signs of impairment. The police officer testified at the trial that the keys were in the center console, within close reach of the occupant. During the medical clearance, the Defendant became agitated and caused a disturbance within the ambulance.  Ticket Clinic lawyers took the case to a jury trial and established that there in fact were 2 "911" calls, relating to different people, and that our client (the occupant of the car) was not the person stumbling around the front of the car, as reported.  We were also able to establish that just because the keys were in close proximity to the "driver" he still was not in actual physical control of the car.  After a 3 hour jury deliberation, a verdict of NOT GUILTY was returned.

The Facts

Date: 10/20/2020

Case #: Failure to Yield Resulting in a Fatality | 2020TR02***8 | Polk County

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Fatality Accident

The Results

Client was accused of failing to yield at an intersection resulting in a fatal crash. Even though the State produced two Traffic Homicide Investigators and an eyewitness at trial, The Ticket Clinic Attorneys were able to successfully argue that the Client had been improperly charged under the wrong law, resulting in the case being completely dismissed. The client did not suffer a license suspension, no points were assessed, and the Client does not have to pay any fines.

The Facts

Date: 10/06/2020

Case #: DUI | 2019ct06xxxxxxx | Clearwater | Pinellas County

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DUI

The Results

On August 17, 2019 the Defendant was stopped for driving without tail lights by Clearwater Police. Upon stopping the vehicle, the officer observed the Defendant to have slow, lethargic speech and bloodshot, watery eyes. The Defendant performed field sobriety exercises and performed poorly. The Defendant was arrested for DUI and submitted to a urine sample. The sample tested positive for marijuana.

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

The Facts

Date: 10/06/2020

Case #: Unlawful Breath Alcohol Suspension DHSMV | 308XXXXX

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DUI

The Results

On Aug. 31, 2020, Florida Highway Patrol trooper stopped the petitioner for traveling 90 mph, tailgating and driving off the roadway.Upon making contact with the petitioner, he had a blank look on his face. The petitioner appeared confused  and admitted to drinking. The petitioner agreed to perform field sobriety exercises which indicated impairment. The Petitioner was then arrested for DUI. The petitioner provided a breath sample of .249 and .245.

Results: The firm filed for a formal review hearing of the administrative suspension for driving with an unlawful breath alcohol level. At the hearing, the suspension was invalidated and the Petitioner was allowed to obtain his license without any restrictions.

 

The Facts

Date: 10/05/2020

Case #: 2nd DUI w/in 5 yrs w/ Crash | 2019CTXXXX7

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DUI

The Results

The State sought significant jail time, a 5 year license suspension and many other penalties after our client was accused of being involved in a crash while drunk driving for the second time in 5 years.  The attorneys for the Firm found novel defenses in the case and set it for trial.  The prosecutor vowed to not make any settlements on the case.  On the day of trial, with jurors waiting and the Firm’s attorneys confident in a win, the prosecutor agreed to amend the charge to a Reckless Driving, no jail and no license suspension.  The client was sio happy she was in tears.

The Facts

Date: 09/22/2020

Case #: Knowingly Driving While License Suspended | 2020CT00***0 | Osceola County

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Driving While License Suspended

The Results

Client was charged for the first time ever whiledriving on a suspended license. The Ticket Clinic Attorneys wereable to negotiate with the Office of the State Attorney, resulting in no criminal conviction, keeping the client’s record clean, all without the client ever having to appear in court.

The Facts

Date: 09/21/2020

Case #: Expired Drivers License More than 6 Months | 2020CT00***9 | Osceola County

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Expired Driver's License

The Results

Client was charged for the first time ever whiledriving on a license which had been expired for over 6 months.The Ticket Clinic Attorneys were able to negotiate with the Office of the State Attorney, resulting in no criminal conviction, keepingthe client’s record clean, all without the client ever having to appear in court.

The Facts

Date: 09/15/2020

Case #: 2020CT00***1 | Knowingly Driving While License Suspended | Osceola County

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Driving While License Suspended

The Results

Client was charged for the first time ever while driving on a suspended license. The Ticket Clinic Attorneys were able to negotiate with the Office of the State Attorney, resulting in no criminal conviction, keeping the client’s record clean, all without the client ever having to appear in court.

The Facts

Date: 09/15/2020

Case #: Knowingly Operating a Commercial Vehicle While License Suspended | 2020CT00***8

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Driving While License Suspended

The Results

Client was charged for the first time ever while driving a semi-truck on a suspended license. The Ticket Clinic Attorneys were able to negotiate with the Office of the State Attorney, resulting in no criminal conviction, keeping the client’s record clean, all without the client ever having to appear in court.

The Facts

Date: 09/09/2020

Case #: DUI | Alachua County

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DUI

The Results

3rd DUI outside of 10 years.

On Thanksgiving day, our client drove to his grand daughter's house.  His Jaguar crashed into a truck that submerged in Payne's Prairie, with only it roof sticking out.  The five wet occupants were unable to identify our client due to being transported to UF Shands hospital.  Our client exhibited multiple indicators of impairment, performed FSEs, but refused the breath test.  The Prosecutor attempted to get medical blood, but we blocked the subpoena.  Through negotiations with the prosecutor over the span of 10 months and presented un-filed motions to suppress, the prosecutor dismissed the charges due to lack of positive identification and other issues with the case.

Nolle Prosequi.

The Facts

Date: 09/08/2020

Case #: DUI 19-ctxxxxx98

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DUI

The Results

On 11/03/2019, at approximately 2228 hours,Hillsborough County Deputy responded to assist another Deputy  with a suspicious vehicle call for service. The vehicle had been parking in the back of the town house community and leaving liquor bottles and cigarette wrappers everyday for approximately a month. When Deputy made contact with the defendant, who was in the driver's seat, he smelled the odor of marijuana emitting from the vehicle and observed indicators of impairment coming from the defendant. When the Deputy made contact with the defendant, he also observed indicators of impairment. The defendant elected to perform the standardized field sobriety exercises, and doing so, more indicators of impairment were observed. Post-Miranda, the defendant admitted to smoking marijuana while in physical control of the vehicle. At Central Breath Testing, at Orient Road Jail, the defendant elected to providing a lawful urine sample. The samples tested positive for THC.

Result: A motion to suppress based on illegal stop was drafted by the firm and sent to the prosecutor. Based on the motion, the State agreed to drop the DUI charge.

The Facts

Date: 09/03/2020

Case #: Racing on the Highway | 2020-CT-***93

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Racing

The Results

Charge: Racing on the Highway

Client, a CDL driver, was arrested for Racing on the Highway and even admitted to the crime. The charge carried criminal penalties, but would also have cost our client his job, and his CDL license. Through our attorney's mitigation efforts, the State was convinced to drop the charges against our client, preserving his criminal record, CDL license status and his job.

The Facts

Date: 08/03/2020

Case #: XX-CT-5XXX06

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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

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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.