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RECENT COURT VICTORIES

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The Facts

Date: 11/19/2021

Case #: 2021-CT-**** – 2nd DUI Charge Reduced

Charge

DUI

The Results

Our client was arrested and charged with a second DUI after he was found to be driving the wrong way on Interstate 4 near Orlando. Officers made contact with him and he refused to complete Field Sobriety Exercises. After he was placed under arrest, he submitted to a breath test with a result of .255, over 3 times the legal limit. Upon review of the evidence, our attorney filed a Motion to Suppress evidence, based on the grounds that our client was subject to an unlawful traffic stop and was not properly informed of the potential consequences of refusing to complete the Field Sobriety Exercises. Prior to a hearing on our Motion to Suppress, the State offered to allow our client to plea to a reduced charge of Reckless Driving and avoid a conviction.

The Facts

Date: 11/15/2021

Case #: 2019CT###### DUI

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DUI

The Results

The client was stopped for speeding. Once stopped the officer believed the defendant was impaired by alcohol and asked the client to submit to sobriety exercises. The client performed well but was still arrested for DUI. After a long amount of time passed the client submitted to a breath sample that was more than 3 times the legal limit.  The firm immediately requested the video in the case. It was argued to the Assistant State Attorney that the DUI should be dismissed as a result of the conflicting evidence presented by the good sobriety exercises, and the high breath sample. After the trial in the matter was delayed several times due to the pandemic, that State finally agreed to dismiss the DUI.

The Facts

Date: 11/03/2021

Case #: 2008CT00XXXX – Violation Of DUI Probation

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DUI

The Results

The client called our office for an very unusual issue regarding his past DUI. In what appeared to be a clerical error, a warrant was issued for our client on a Violation of Probation, 13 years later. Our client was booked in on that warrant in South Florida. Surprisingly, the arresting agency issues another warrant based on a different clerical error.  On November 3, 2021, The Ticket Clinic's team was able to have the warrant(s) address, and dismiss any outstanding warrants that would potentially harm our client. This was a rarity, as it was done in chambers without a adversarial hearing. Our client was able to gather the supporting documents of his past probation, and we expect to have underlying VOP dismissed in addition to the warrants being recalled.

The Facts

Date: 11/02/2021

Case #: XX2019CF000XX – Carrying Concealed Firearm

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Felony Posession of a Concealed Firearm

The Results

Our client reached out The Ticket Clinic after hearing about his success with firearms cases. He was facing a 3 year prison offer, an overreaching and illegal designation as a prison re-release offender, and a gang affiliation designation with the local law enforcement offices for carrying a concealed firearm without a license. He case was almost 3 years old before we got on board. Our attorney was able to look at the case and file a dispositive Motion to Dismiss and a Motion to Suppress. In this limited circumstance, the judge was willing to hear the motions and allow our office to take the case to trial at the same time. In less than six months, the State dropped the felony gun charge the eve of trial. 

The Facts

Date: 11/02/2021

Case #: XX2020CF0XXX7 – DUI, Refusal to Submit to Testing

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DUI

The Results

Our client was facing 2 years in the department of corrections followed by a lengthy probation for his alleged 4th DUI. Without speaking to the State, we set this case for trial and we drafted a detailed Motion in Limine to prepare for our clients day in court. On the eve of trial, the State amended their offer to reduce the felony to a misdemeanor and remove the period of incarceration at the department of corrections.

The Facts

Date: 10/29/2021

Case #: 56XXXXCT001XXX – Driving Without A Valid License

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Driving With an Invalid License

The Results

Our client was cited erroneously by an Officer. While roadside, the client produced the required documentation for driving on a foreign license in Florida. Despite following the law, the officer still cited our client with a criminal citation exposing him to a jail sentence. After reviewing the body cam and producing the same documents to the State with a proposed Motion to Dismiss, the case was dropped.

The Facts

Date: 10/06/2021

Case #: 2021-MM-**35 – Battery Charge Dropped

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Battery

The Results

Our client was arrested for domestic battery against his adult son.  Our own investigation revealed that the son was the aggressor after a discovery of extreme bias. If we had not pursued the evidence needed to exonerate our client, and without knowing the nuances of the criminal investigation, this case could have dragged on for months. Due to the evidence that we were able to obtain and by leveraging a bond hearing to explain the true facts of the case, Ticket Clinic lawyers were able to get the case dropped by the State Attorney's office quickly, before the first docket call!

The Facts

Date: 10/04/2021

Case #: 20ctxxxxx – DUI Charge Dropped

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DUI

The Results

On October 19, 2020, the Defendant was found sleeping in his car parked at a weigh station off I4. Deputies arrived on scene and awoke the Defendant. Florida Highway Patrol was investigating a single vehicle crash when the Trooper was advised the vehicle had entered the weigh station prior to being located by the Sheriff Deputies.

The Trooper took over the investigation and took the Defendant into custody for a DUI investigation. The Defendant advised that he believed he had stopped at a rest area and was trying to return to his home in Davenport. The Defendant performed field sobriety exercises which showed indications of impairment. The Defendant was arrested for DUI. While searching the car post arrest, an open package of edible THC gummies was located. The Defendant advised he had purchased the gummies from an anonymous source and did not have a medical marijuana card. The Defendant was charged with felony possession of controlled substance and DUI. The Defendant provided a breath sample of .113 and .112.

Results: The felony charge was dismissed by the State, and the DUI charge was dropped prior to a motion to suppress hearing.

The Facts

Date: 09/20/2021

Case #: 2021CTXXXX | DUI Charge Reduced

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DUI

The Results

Without counsel, our client entered a plea to driving under the influence while incarcerated at the Duval County Jail.  English is not his first language and he was still under the affects of his night of drinking.  However, the Judge accepted his plea.  He then hired the Ticket Clinic to withdraw his previously entered plea.  The plea was withdrawn by the Judge.  The TTC Attorney argued the weaknesses of the case to the prosecutor.  The State agreed to reduce the charge to Reckless driving, no conviction, terminate probation after a month, since all conditions were completed prior to entering the plea.

The Facts

Date: 09/20/2021

Case #: 2021CTXXXX21 | Racing Charge Dismissed

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Racing

The Results

Friday night, around midnight, two juveniles, in adjacent lanes, one driving a Black Mustang, another driving a 2020 Chevy Pickup truck, rapidly accelerated from a traffic signal.  The vehicles reached speeds approaching 75mph.  Police conducted a traffic stop.  The juvenile hired the Ticket Clinic to defend his case.  After several negotiations, the prosecutor agreed to drop the case if the juvenile completed a traffic school.  The school was completed and the case was dismissed.

The Facts

Date: 09/15/2021

Case #: 2000XXXXXXA – DUI & Reckless Driving

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DUI

The Results

Our client was involved in a motor vehicle accident in which his car allegedly collided with that of an off duty Sheriff's Office 911 dispatcher. During the aftermath of the accident, our client allegedly got into a verbal altercation with witnesses and fled the scene. Officers alleged that when our client returned to the scene, he struck the vehicle of a Police Department service aide, who was on the scene completing the initial crash investigation. Witnesses on the scene alleged that our client appeared to be impaired by an unknown substance and that he was unsteady on his feet and slurred his speech. Officers arrested our client for Driving Under the Influence and transported him to the Breath Alcohol Testing center, where he performed field sobriety exercises on video for courtroom presentation. Despite the fact that our client informed officers that he was permanently disabled, officers did not permit our client to use his cane while performing the exercises and failed to offer him alternative exercises appropriate for someone with a permanent disability. Our client provided a breath sample that showed he had no alcohol in his system. Determined to pin this case on our client, officers ordered him to provide a urine sample, which tested positive for his prescription medication for arthritis and a seizure disorder as well as Benadryl. The Ticket Clinic's attorney was able to convince the prosecutors that because Benadryl is not a controlled substance and the controlled substances that were in his system would stay in his system for 2-3 days after consumption, they would be unable to eliminate Benadryl as the sole cause of impairment to show that our client was impaired by a controlled substance at the time of the crash. Our attorney set the case for trial and dared the State to prove its allegations. The State Attorney's office was forced to drop the three separate DUI charges and our client received a withhold of adjudication on the reduced charge of Reckless Driving, which will allow him to apply to FDLE to have this case sealed and expunged from his record.

 

The Facts

Date: 09/14/2021

Case #: 2020ct####### – DUI Charge Dropped

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DUI

The Results

The defendant was charged with DUI after he was stopped at an intersection for getting outside of his vehicle and stumbling around in the officer’s presence.  Law enforcement made contact with the defendant and asked him to perform sobriety exercises, to which the defendant, after an argument, refused to agree to participate in.  Once arrested, he was taken to the breath alcohol testing facility. There he tried to perform a breath sample, but was unable to comply with the officers instructions and was deemed as refusing to provide a breath sample.  The Firm began investigating the case, and argued to the State that there was simply not enough evidence to prove the charge of DUI.  After over a year of negotiating, partly because of the pandemic, the State agreed to dismiss the DUI charge on the morning of trial.

The Facts

Date: 09/13/2021

Case #: XXXXXXMU10A – DUI Charge Dropped

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DUI

The Results

Our client was found unconscious in a ditch on the side of US 27 in Weston facing southbound near the northbound lanes of travel. Officers testified that it appeared that he had fallen asleep while driving and veered off of the road into the grassy swale between lanes of travel. Officers were eventually able to wake our client up, at which point he appeared disoriented and attempted to leave the scene in his vehicle before officers smashed his driver's side window and physically stopped his vehicle from moving forward. Once removed from the vehicle, officers alleged that our client became combative and argumentative, refusing to cooperate with their investigation. During the incident, officers observed an open bottle of Heineken in the center cup holder and smelled an odor of alcohol on our client's breath. Officers alleged that this disruptive behavior continued at the hospital, where our client allegedly attempted to fight deputies and hospital staff while they attempted to treat him. The attorney for the Ticket Clinic was able to convince prosecutors that various underlying medical conditions caused or contributed to his behavior and that the officers actions in breaking the window to effectuate a second traffic stop violated the 4th amendment protections against unlawful search and seizure. As a result of our attorney's efforts, the State Attorney's Office dropped all DUI charges against our client and he was able to plea to the reduced charge of reckless driving and received a withhold of adjudication, allowing him to potentially seal and expunge this case from his record.

The Facts

Date: 08/24/2021

Case #: 21-XXXXXX10A: Carrying a concealed firearm w/multiple drug felonies

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Felony Posession of a Concealed Firearm

The Results

Our client was pulled over after Sheriff Deputies identified her vehicle as one reported to have been involved in a shootout on I-95 and for having a fraudulently attached license plate registered to a vehicle of a different make and model. After being stopped by law enforcement, our client spontaneously exited her vehicle, which was riddled with bullet holes, inadvertently allowing deputies to observe a loaded .380 Smith & Wesson revolver partially concealed under the driver's seat. The deputies on scene discovered that she had out of county warrants, detained her, and searched the vehicle for other contraband. During this search, deputies discovered Xanax, Amphetamine, and almost a pound of marijuana. Our client was arrested for 4 separate felony charges: Carrying a Concealed Firearm, Possession of Amphetamine, Possession of Alprazolam (Xanax), and Possession of Marijuana over 20 grams. Each of these counts carried a maximum penalty of 5 years in prison, for a grand total of 20 years. The Ticket Clinic attorney immediately began to attack these charges, arguing that the State was unable to adequately connect her to the gun or the marijuana and that they could not prove that the Xanax or Amphetamine were obtained without a valid prescription. As a result of our efforts, within two months of her arraignment, the State was forced to drop all charges against our client.

The Facts

Date: 08/19/2021

Case #: XX-0000XXXUX – DUI Dropped

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DUI

The Results

Our client was pulled over for speeding and failing to maintain a single lane. When the officers approached the vehicle, they observed an open beer bottle in the cup holder and claimed that our client had slurred speech, bloodshot eyes, and an odor of alcohol coming from his breath. After ordering him out of the vehicle, they subjected him to field sobriety exercises and ultimately arrested him for Driving Under the Influence. Our client cooperated with law enforcement and provided two valid breath samples that were both below the legal limit. Not satisfied with this, the officers ordered him to provide a urine sample to test for the presence of controlled substances and held him in the jail overnight. The Ticket Clinic attorney was able to attack this case before it was filed, and the State Attorney's Office was forced to drop all charges, including the civil traffic infractions for open container, speeding, and failure to maintain a single lane.

The Facts

Date: 08/16/2021

Case #: 2021CFXXXXX4 = Battery & Possession of Cocaine Case Dropped

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Battery

The Results

Our client was arrested for battery and possession of cocaine. Officers were called to bar where a complaint was made against our client. It was also alleged the officer's found cocaine during their investigation and charged our client with possession of the controlled substance. We were hired at the onset of the arrest which allowed us to vigorously defend the case. After investigating, reviewing the legal documents, and some legal positioning, we were able to get the entire case dropped on behalf of our client in less than 4 weeks from the date of the arrest.

The Facts

Date: 08/16/2021

Case #: 2020-CT-**** – Racing on the Highway

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Racing

The Results

Our client was charged with Racing on the Highway, a crime that carries a penalty of a mandatory $500 fine and 1 year Driver's License Suspension. Based upon the evidence received, our attorney sought to depose the officer who witnessed the alleged crime. The officer's testimony at the deposition offered nothing into the case other than conclusions and guesses, so our attorney filed a Motion to limit the Officer's testimony to what would be legally permissible in court, so as not to taint the jury with inadmissible evidence to consider. Prior to hearing the Motion, the State offered to reduce the charge to a civil citation with no points added to our client's DL.

The Facts

Date: 08/03/2021

Case #: 432021CT-****49 – DUI Charge Dropped

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DUI

The Results

Our client was pulled over after multiple calls regarding a reckless driver. After being stopped, the driver admitted to drinking and field sobriety exercises were performed. The Trooper was quick to judgment and seemed to disregard the obvious language barrier. Ticket Clinic lawyers took on the case and discovered that the roadside exercises were not explained to standard and unwarranted exercises were requested. Based upon the unusual DUI investigation and the errors by law enforcement, we were able to get the State to drop the DUI charge.