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RECENT COURT VICTORIES

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The Facts

Date: 01/04/2021

Case #: Racing on Highway Case Dismissed | Duval County Traffic Lawyer | Case 16-2020-CT-000XXX

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Racing

The Results

Our client was charged with Racing on Highway.  On a four lane highway, our client was stopped at a traffic signal.  Beside our client in an adjacent lane, a vehicle revved its engine.  When the light turned green, both rapidly accelerated.  At the first court date, I argued that the elements of the crime could not be established beyond a reasonable doubt.  The State offered an adjudication and court costs.  I rejected the offer indicating that the State could not prove it.  The State offered a withhold of adjudication and court costs.  I rejected the offer on the basis that under Section 316.191(3)(a), Florida Statutes, the Department of Highway Safety and Motor Vehicles must revoke an offender’s driving privileges for a minimum period of one year upon conviction, EVEN IF ADJUDICATION IS WITHHELD.  Not waiving speedy trial, the Judge set it for a trial, for the following month.  After providing case law to the prosecutor regarding what must be proven on a charge of Racing on Highway, the case was dismissed.

The Facts

Date: 12/24/2020

Case #: 2019CT####6## | DUI Case Win

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DUI

The Results

The Client was involved in an accident and once police arrived on scene they noticed he seemed impaired.  The Officers weren’t sure if he was under the influence of controlled substances or alcohol, but after doing a brief investigation they observed an odor of alcohol and the Client admitted to taking various controlled substances.  Law enforcement got a urine same which then confirmed the controlled substances.  The Firm was hired and began negotiating with the State Attorney’s Office which did not want to dismiss the DUI without suspending the Client’s license.  The Firm pointed out that the Client was extremely cooperative and also had no prior criminal history and was only on the medication for strictly medical reasons, and an expert may be able to testify that the Client didn’t feel much of an impairment effect from said medications.  The State eventually agreed and dismissed the DUI without requiring the Client’s license to be suspended.

The Facts

Date: 12/23/2020

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

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DUI

The Results

The Client’s car was witnessed by law enforcement jumping a curb and then hitting a street sign.  The Client then immediately left the crash scene in his vehicle.  The police quickly stopped his vehicle.  Once the crash investigation began the Officer noticed that the Client had indicators of impairment.  Those indicators of impairment led the Officer to conduct a DUI investigation.  Two sobriety exercises were conducted and the Officer stopped the exercises and arrested the Client.  The Client then refused to submit to a breath sample.  The Firm was hired to handle the case       and, because of the nature of the case, the State wasn’t agreeing to dismiss the DUI based on the accident involved.  The Firm had numerous conversations with the State that highlighted the fact that absent the hitting of the street sign there wasn’t enough information to show the Client was impaired.  This fact, coupled with the facts that the Client refused to give a breath sample, and the Client had no prior history, convinced the State attorney to dismiss the DUI charge.

The Facts

Date: 12/18/2020

Case #: DUI & Criminal Win | Case 2020CT000XX3 | Resisting Officer Without Violence

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DUI

The Results

911 was called for a disabled vehicle at a traffic light.  It was 7 pm and dark outside.  The Driver was seen sleeping at the wheel and would not wake up despite yelling and knocking on his window by the 911 caller.  The vehicle remained at the light through at least 3 light cycles.  A PSLPD Officer spotted the car in question and as soon as he got behind it, it veered quickly and abnormally off the road into an adjacent parking lot where it parked across 3 parking spaces, parking crooked.  The driver fumbled for documents and could not find registration or insurance.  The Officer smelled a heavy odor of alcohol emanating from the driver's mouth as he spoke with slurred speech.  An open beer was observed in the center console and the driver was the sole occupant of the vehicle.  As the driver exited the car, he stumbled and needed to use the car for balance.  Driver refused roadside FSEs and the breath test.  On the way to the jail the driver said, "I f**ked up," and urinated in the back of the police car.  He was charged with Resisting Officer without Violence for purportedly putting his hands from the back of his body to the front of his body while handcuffed and seatbelted in the back of the patrol car.  Jury found him Not Guilty of both charges.

The Facts

Date: 12/14/2020

Case #: DUI Attorney Win | Case 2020CT-000XXX

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DUI

The Results

Our client was charged with her Third DUI and Prior refusal to submit to a breath test.     Our client ran a stop sign and nearly caused a crash involving a Sheriff Deputy.  At the DHSMV hearing, her license suspension was overturned based upon the Attorney's argument of no odor of alcohol existing at the time of the traffic stop.  At the first motion to suppress, the same argument was made, however the Judge viewed the body camera video recording and noticed more indicators of impairment than the officers testified to and denied the motion to suppress.   A second motion to suppress was filed based upon the excessive length of detention, prior to conducting a DUI investigation.  In this case, our client had to wait for 40 minutes prior to be subjected to a DUI investigation.   The Judge sided with the defense and said that 40 minutes is too long to wait.  The Judge granted the motion to suppress.  The prosecutor dismissed the case.

The Facts

Date: 12/08/2020

Case #: Case 2019CT#####9 | DUI Case Win

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DUI

The Results

The Client was stopped for driving 20 miles under the speed limit and driving all over the roadway.  Once stopped law enforcement began a DUI investigation and the Client was only able to do one exercise before saying he was too nervous to do the exercises, and refused to attempt any further exercises.  The Client was then arrested for DUI and transported to jail where he refused to give a breath sample.  The Firm discussed the case with the State and focused on the issue that not only was the stop of the Client’s vehicle a somewhat weak reason, but there wasn’t a lot of additional evidence to suggest impairment.  The State agreed and dismissed the DUI.

The Facts

Date: 12/02/2020

Case #: 2019CT####8## | DUI Case Win

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DUI

The Results

The Client was stopped for a move over violation because he did not move over or slow down when law enforcement was on the side of the road for another traffic stop.  The law enforcement on scene noticed signs of impairment and conducted sobriety exercises, which the Client did mostly well on.  Still the Client was arrested for DUI.  Once at the jail the Client refused to give a breath sample.  The Client hired the Firm, and the case was eventually set for trial based on the fact that the driving pattern wasn’t bad and the exercises showed little to no impairment.  The State Attorney agreed and dismissed the DUI along with two additional separate cases the Client picked up subsequent to the DUI for resisting arrest and trespassing.

The Facts

Date: 11/21/2020

Case #: DUI Lawyer St. Lucie County | Case # 2020CTXXXX4 

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DUI

The Results

Our client is a senior citizen who was driving out of her driveway to meet friends to play cards and mistakenly struck a bicyclist causing minor injury.  The police arrived and eventually arrested our client alleging she was driving under the influence of alcohol.  The firm’s attorney investigated the case and learned the client was left inside her home alone after the crash, but prior to when the police arrived.  The attorney for the firm argued the State would not be able to prove the client was impaired, but even if the prosecutor was able to prove impairment, the prosecutor would not be able to prove she was impaired at the time she was driving.  The firm's attorney revealed the client had access to alcohol stored inside her house.  The prosecution conceded and offered a lessor of Reckless Driving. The client accepted the favorable outcome in lieu of a trial.

The Facts

Date: 11/19/2020

Case #: DUI Lawyer Win | Case 2020CT000XXX

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DUI

The Results

Our client is a senior citizen who was driving out of her driveway to meet friends to play cards and mistakenly struck a bicyclist causing minor injury.  The police arrived and eventually arrested our client alleging she was driving under the influence of alcohol.  The firm’s attorney investigated the case and learned the client was left inside her home alone after the crash, but prior to when the police arrived.  The attorney for the firm argued the State would not be able to prove the client was impaired, but even if the prosecutor was able to prove impairment, the prosecutor would not be able to prove she was impaired at the time she was driving.  The firm's attorney revealed the client had access to alcohol stored inside her house.  The prosecution conceded and offered a lessor of Reckless Driving. The client accepted the favorable outcome in lieu of a trial.

The Facts

Date: 11/04/2020

Case #: Careless Driving with Fatality Lawyer | 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 Lawyer | 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 Attorney | 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 #: Clearwater DUI Lawyer | 2019ct06xxxxxxx | 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.