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RECENT COURT VICTORIES

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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.

 

The Facts

Date: 07/28/2020

Case #: 19-CT-5####0,

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DUI

The Results

The client was driving a vehicle and had an accident, resulting in the vehicle overturning. He left the scene of the accident, and law enforcement officers found him several house later at a nearby gas station. When law enforcement contacted the client, they said they smelled alcohol on his breath and observed watery, bloodshot eyes. He also had dirt on his pants. The client admitted to driving the overturned vehicle. He was arrested for DUI. The Ticket Clinic defended the case, and the DUI charge was dropped.

The Facts

Date: 07/08/2020

Case #: 2019CF########

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Aggravated Assault

The Results

The Defendant was charged with Aggravated Battery after his father and another co-defendant showed up to a business and were involved in a fight with the business owner.  The alleged victim, the business owner,  fell to the ground where it was alleged that all the co defendants and the client allegedly kicked the alleged victim in the head causing an injury that caused him to need stitches.  The Firm was retained and immediately began the case by deposing all the witnesses that saw the incident occur.  Hours of testimony were taken by the Firm, and it was finally established that the State couldn’t show with certainty that the Client himself was the one that caused the serious injury to the victim.  In addition, the “serious injury” in question turned out not to be as serious as alleged.  As a result of the above information and the Firm’s efforts, the State agreed to dismiss all charges.

The Facts

Date: 06/25/2020

Case #: 2019CT#####1

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DUI

The Results

The Client was stopped for speeding and driving recklessly.  Once stopped the Officer believed the Client was impaired and ordered him out of the vehicle to conduct sobriety exercises.  The Client was alleged to have performed poorly on the exercises and was arrested for DUI.  The Firm investigated the case and discovered that the case was not as bad factually as the Officer in the case alleged, and because the Client also refused to provide a breath sample the case may be a case that was tried by a jury.  This fact along with the fact that the Client had a clean prior history led the State to dismiss the DUI charge.

The Facts

Date: 06/25/2020

Case #: 2019CT######2 – Hendry County

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DUI

The Results

The Client was stopped for not having his lights on while driving.  After he was stopped the Officer noticed the smell of alcohol and that the Client seemed impaired.  The Officer had the Client submit to sobriety exercises, which the Officer claimed the Client did poorly on, however there was no video relating to the same.  In addition, once arrested, the Client was alleged to have refused to give a breath sample.  The Firm was retained to handle the case and discovered that there wasn’t enough evidence to prove the Client refused to provide a breath sample and was able to get the refusal removed from his driving record.  The Firm then requested the videos in the case.  The only video provided to the Firm was a video of a room with a toilet for three hours.  The Firm contacted the police station and asked if they had any other videos showing the actual refusal of the breath sample.  The Police department informed the Firm that the video might have been deleted.  The Firm then filed a motion to dismiss the case based upon a spoliation of evidence issue.  Before the motion could be argued the State agreed to dismiss the DUI.

The Facts

Date: 06/18/2020

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

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DUI

The Results

Law enforcement saw the Client’s vehicle run a red light while speeding.  They conducted a traffic stop and observed the Client to be impaired by alcohol.  The Client was arrested after performing poorly on the sobriety exercises.  Once arrested the Client refused to provide a breath sample.  The Firm was retained and immediately pointed out to the State that the Client had no prior criminal history and was, with the exception of the refusal, extremely cooperative with law enforcement during their investigation.  The State agreed and dismissed the DUI charge.

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.