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RECENT COURT VICTORIES

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The Facts

Date: 04/12/2022

Case #: 2021CT######### – Boating Under The Influence Dismissed

Charge

DUI

The Results

The Client was enjoying himself on his boat with friends when he was stopped for having too many people on his boat.  During the course of his encounter with law enforcement it was determined that the Client had been drinking and was impaired.  The Officer had the Client do several sobriety exercises.  The Client performed well on the exercises.  Subsequently the Client was asked to submit to a breath sample, which the client also passed.   Lastly, the Client was asked to submit to a urine sample, which came back negative for controlled substances.  The Firm presented all these facts to the State Attorney’s Office, which refused to dismiss the case because their view was the exercises weren’t performed well enough to dispel impairment.  The Firm set the case for trial several times and presented case law to the State as well.  Finally the State agreed to dismiss all charges.

 

The Facts

Date: 04/04/2022

Case #: 2022-CT-**** DUI Case Dismissed

Charge

DUI

The Results

Our client, an aspiring firefighter with an offer from a Fire Department in hand, was arrested and charged with Driving Under the Influence. The only thing the officer indicated prior to arrest was that the client was asleep in the vehicle, in the wrong lane. There was never a mention of any other potential indicator of impairment. After our client's arrest, a breath sample of .04 - half of the legal limit - was provided. Our client also provided a urine sample.

Upon receipt of the evidence, our attorneys set the case for trial and did not waive our client's right to a Speedy Trial. With a breath sample under .05, our client was entitled to a presumption of non-impairment, meaning the State would have to argue that their own science was incorrect and our client, despite a .04 breath sample was impaired beyond a reasonable doubt.

On the eve of trial, the State dismissed the case against our client, knowing they could not prove the charges.

The Facts

Date: 04/01/2022

Case #: 2021CT####### DUI Dropped

Charge

DUI

The Results

The Client was involved in a severe accident where both vehicles were totaled.  Once police arrived they noticed that the Client seemed impaired by alcohol and found an open alcoholic beverage in the vehicle.  The Client had injuries he was complaining of and was transported to the hospital for treatment.  Once at the hospital law enforcement had the Client complete seated sobriety exercises.   Afterwards the Officers asked for a blood sample from the Client.  The Client refused to give a sample.  The Firm investigated the case, including several hours of body camera footage.  It was determined by the Firm that the Officers never actually knew how long the Client was going to be treated in the hospital.  As a result the request for a blood sample was unlawful.  The Firm filed a Motion to Suppress the refusal to give a blood sample.  The case was also set for trial following said motion.  Days before the motion was to be heard the State agreed to drop the DUI charge.

The Facts

Date: 03/29/2022

Case #: 2021-CT-8XX – DUI Case Dismissed

Charge

DUI

The Results

Our client was parked in a truck on the side of a dirt road, when an Alachua County Deputy performed an investigatory stop. The Deputy ordered our client out of at gunpoint. Our client was subsequently arrested and charged with DUI.
Upon reviewing the facts of the case, our attorneys filed a Motion to Suppress evidence on the grounds that the deputy who was responding for a call for service for shots fired at a house did not have reasonable suspicion to perform an investigatory stop. Therefore, the attorneys argued that everything after the stop including the DUI investigation must be thrown out as fruit of the poisonous tree.
The State pursued prosecution against our client based on the fact that there was an independent basis for the stop. Our attorneys fought hard and in a motion to suppress hearing convinced the Judge that not only was investigatory stop unconstitutional, but that any independent basis for the stop was not compelling because it was not articulated in the Deputy's arrest report or supplemented to the report at a later date.
The Judge granted our attorney's motion and The State had no choice but to dismiss the case against our client.

The Facts

Date: 03/29/2022

Case #: 2022MMXX8 – Domestic Violence Case Dismissed

Charge

Domestic Violence Felony VOP

The Results

Our Client was charged with domestic violence in Marion County. Our client was estranged from family for a very long period due to a no-contact order. The alleged victim told the State that there was no violence and that the evidence the State was relying on was from a previous unrelated incidence. However the State would not drop the charges. The clients hired The Ticket Clinic on 03/28/22 and our attorneys utilizing their relationships with the State Attorneys Office immediately went to work to get the charges dropped. Our attorneys were able to get the case dismissed by 03/29/22 and the Family was able to become Family again.

The Facts

Date: 03/21/2022

Case #: Case: 210XXXXXXA – Leaving the Scene of An Accident

Charge

Leaving the Scene of an Accident

The Results

Our client was attending a birthday party when she was threatened with violence and chased out of the party by a knife wielding assailant. As she was attempting to escape, the assailant blocked her vehicle and threatened to kill  her if she did not stop. She tried to drive around him, but was unable to avoid contact with the assailant and several vehicles in the parking lot. The State of Florida charged her with Leaving the Scene of an Accident, a second degree misdemeanor punishable by up to 60 days in jail. The Ticket Clinic Attorney set the case for trial, planning to assert a necessity defense. However, by objecting to the admission of certain testimony and video evidence, our attorney was able to prevent the State from proving that our client was the driver of the vehicle. As a result, our attorney was able to move for a Judgement of Acquittal, resulting in the dismissal of all charges against our client.

The Facts

Date: 03/07/2022

Case #: 2021-CT-****-A Marijuana DUI

Charge

DUI

The Results

Our client was arrested and charged with a DUI after suffering a medical episode while driving and crashing into a tree, then hitting a house. At the hospital, a "Drug Recognition Expert" believed our client was under the influence of marijuana. However, the officer did not complete a Drug Recognition Evaluation in order to determine what, if anything, was actively impairing our client's faculties. Our client, a medical marijuana user, freely admitted that they had legally used marijuana approximately 24 hours prior to driving. Even being a "Drug Recognition Expert", the officer placed our client under arrest for her medical episode.

Upon reviewing the facts of the case, our attorneys filed a Motion to Suppress evidence on the grounds that the "Drug Recognition Expert" officer did not have the requisite suspicion to ask our client to submit to Field Sobriety Exercises, nor the requisite probable cause to arrest our client based on the totality of the circumstances.

The State pursued prosecution against our client. Our attorney, using the relationships that have been cultivated with the State based on reputation and respect, explained, in great detail, why the State legally could not prove the case against our client.

Taking everything into consideration, the State offered to amend our client's DUI charge to a civil Careless Driving citation with no criminal conviction, no civil conviction, no points, and minimal sanctions.

The Facts

Date: 02/28/2022

Case #:  2021ct#####6# DUI Charge Dropped

Charge

DUI

The Results

The Client was involved in an accident in an apartment complex. The Police were called to the scene and discovered that the Client was impaired by alcohol.  After doing a DUI investigation the Client was arrested and transported to jail.  While at the jail the Client provided a breath sample that was twice the legal limit.  The Firm investigated the case and discovered that no one was hurt in the accident and that there may be some lack of evidence issues with respect to the driving element of the case.  The State would not drop the DUI charge based on the fact that there was significant damage alleged to have been done to the apartment complex.  The Firm investigated this issue and discovered that the damage was actually minimal and that the Client could afford to fix the issues.  After the Firm had several discussions on the matter, the State finally agreed to dismiss the DUI charge once an agreement was reached on the amount of money needed to fix the apartment complex.

The Facts

Date: 02/25/2022

Case #:  2021ct######9 DUI Case Dropped

Charge

DUI

The Results

The Client was stopped for swerving and almost hitting other traffic.  Once stopped it was discovered that she had her 3 year old son in the vehicle.  Upon smelling the odor of alcohol on the Client she was immediately ordered out of the vehicle and asked to complete DUI sobriety exercises.  After doing the exercises the Client was arrested for DUI but refused to give a breath sample.  The Firm immediately ordered the video for the Client’s DUI stop.  The video showed that the Client did exceptionally well on the exercises.  The Firm argued to the State Attorney that the Officers likely over-reacted to the fact that there was a child in the vehicle and arrested the Client on very little evidence of DUI.  The State refused to drop the DUI charge.  The Firm set the case for trial and shortly before trial the State finally agreed to drop the DUI charge.

 

 

The Facts

Date: 02/22/2022

Case #: XXXXXMU10A – DUI & Criminal Charges Dismissed

Charge

DUI

The Results

Our client was involved in a traffic crash on February 12, 2021. When officers arrived, they noted that they observed our client to have slurred speech, an odor of alcohol on her breath, and that she was incoherent. When questioned by officers, our client admitted to consuming a bottle of pink moscato approximately 30 minutes before the accident. During the DUI investigation, officers alleged that our client displayed horizontal gaze nystagmus in both eyes, was unable to keep her balance, swayed while standing, and was unable to follow instructions. After completing the investigation, she was placed under arrest and agreed to provide a sample of her breath to determine the alcohol content of her breath. After the results of this test showed that our client did not have any alcohol in her system, officers requested that she provide a urine sample to test for the presence of controlled substances. The urine test revealed the presence of several controlled substances and our client was charged with DUI causing property damage. The Public Defender assigned to her case filed several motions to suppress, but never attempted to have the result of the urine screening suppressed. After observing, the Ticket Clinic attorney litigate another case while she was waiting for her public defender to address her case, she decided to hire our firm to represent her. Within 2 weeks of hiring our office, the Ticket Clinic attorney was able to convince the state to drop all criminal charges against her because the officers did not have probable cause to request a urine sample, and without the urine sample, the State of Florida had no evidence showing that our client was impaired at the time of the crash.

The Facts

Date: 02/18/2022

Case #: 2020CT#####5### DUI Dismissed

Charge

DUI

The Results

The Client was found asleep in his vehicle in the middle of the roadway.  Law enforcement began a DUI investigation, but the Client refused to cooperate and did not perform sobriety exercises and refused to give a breath sample.  The Client's was arrested prior to the pandemic and as a result was unable to go to a jury trial for more than 1 year.  During the time that the Client was waiting to go to trial the State refused to dismiss the DUI charge.  However, when the case was ready to be set for trial, the State finally agreed to dismiss the DUI charge.

The Facts

Date: 02/16/2022

Case #: 2021CT########8# DUI Dismissed

Charge

DUI

The Results

Police were called to the scene of an apartment complex in reference to an impaired person getting into a vehicle.  Once the police arrived on the scene they made contact with the driver of the vehicle, who was actually not impaired and was driving the Client home.  Subsequently the police left and the Client then attempted to drive his vehicle again.  The previous designated driver for the Client then called law enforcement to inform them of the problem.  Law enforcement had yet to leave the scene and made contact with the Client.  The Client appeared impaired and submitted to sobriety exercises.  After the exercises the Client was arrested for DUI and transported to the Breath Alcohol Testing facility, where he refused to provide a breath sample.  The Firm conducted an investigation into the case and argued to the Assistant State Attorney that the stop of the Client's vehicle was somewhat weak.  This fact combined with the fact that the Client had a lack of  prior criminal history led the State to agree to dismiss the DUI charge.

The Facts

Date: 02/05/2022

Case #: 2003-CT-27XX18-0 NO CONVICTION AS CHARGED

Charge

DUI

The Results

The defendant was pulled speeding and blew .079 and .064. DUI charge dropped.

The Facts

Date: 01/24/2022

Case #: 2018ct###### – DUI & Possession Charge Dismissed

Charge

DUI

The Results

The client was charged with DUI after being stopped for swerving his vehicle across the roadway and almost hitting surrounding vehicles. The officer observed an odor of alcohol and marijuana in the vehicle and found marijuana in the vehicle as well. The client was asked to submit to sobriety exercises which he performed well. The officer arrested the Client anyways and had him submit to a breath sample, which resulted in a negative reading. The client was then asked to submit to a urine test, which showed multiple drugs in the clients system.  The client also admitted to being impaired at a 5 on a scale of 1 - 10. The firm set this case for trial multiple times over the course of the pandemic based on the fact that the video of the client looked good, despite the evidence that he was under the influence of drugs. The State consistently refused to dismiss the DUI on multiple instances. Finally, when the case was set to have a trial date, after almost four years, the state dismissed the DUI and the possession of marijuana charge.

The Facts

Date: 01/20/2022

Case #: 21-323xxxxxx – DUI Charge & Leaving The Scene

Charge

DUI

The Results

The Defendant was involved in a rear end accident and allegedly did not remain at the scene after attempting to drive away. Due to traffic in the area and the other party getting her license plate number, she was located.

Upon making contact with the Defendant, a Police Officer observed signs of impairment including the strong odor of an alcoholic beverage coming from her breath. The Defendant performed field sobriety exercises poorly and was arrested for DUI. The Defendant was charged with DUI and Leaving the Scene of an Accident. The Defendant refused to submit to a breath test after the arrest.

Result: Based on information provided to the State by the firm, the State dropped both the DUI and leaving the scene charges.

The Facts

Date: 01/14/2022

Case #: XXXXCF000X50 – Burglary & Felony Battery

Charge

Battery

The Results

Our client was arrested for Burglary, Felony Battery, and a violation of Pre-Trial Release. For these charges, our client was facing life in prison if the State could prove the case. Because of the seriousness of the charges, the client would have been incarcerated until the date of his trial. After several months of negotiating with the State to no avail, the firm's attorney had insight to file a motion to dismiss and set the case for trial seemed to move the needle. However, for a couple months the State would not budge in wanting to send the client to prison for a substantial amount of time. After realizing the State's position, we elected to Demand a Speedy Trial. This strategic decision leveraged the State in making them prove the case within 45 days of the Demand. They could not do so, and the State dropped the case on January 13, 2022 allowing our client to avoid a life sentence. 

The Facts

Date: 01/06/2022

Case #: 20-00XXXXMU10A – DUI Charge Reduced

Charge

DUI

The Results

Our client was found asleep in her vehicle on the side of the road near her ex-boyfriend's house after his mother called the police to report her for stalking. As officers approached the vehicle, they found her asleep in the driver's seat with the engine off and arrested her for Driving Under the Influence after our client refused to participate in a DUI investigation. The Ticket Clinic attorney filed a request for a formal review hearing with the DMV to challenge the suspension of her license. At this hearing, our attorney was able to pin the officers down on their story before their testimony could be coached. During this hearing, our attorney was able to get the officers to admit that they did not have any reason to suspect our client of DUI when they initiated what they referred to as a welfare check on the vehicle. Our attorney prepared a motion to suppress, arguing that because the officers did not have any reason to suspect our client of DUI and because she was alert in the vehicle and responded to the officers welfare check, they had no reason to continue the investigation or order her out of the car. As a result of our efforts, the State changed the charge from DUI to Reckless Driving and our client received a withhold of adjudication which will allow her to seal and expunge this case from her criminal record.

The Facts

Date: 01/04/2022

Case #: 21-009XXXMU10A – DUI Charge Reduced

Charge

DUI

The Results

Our client was pulled over after leaving the hospital where he had sought treatment for a bad reaction to a prescription medication. During the DUI investigation, our client advised officers that he had just left the hospital and explained that he was feeling tired and "off" from the prescription medication. Despite our client's statements, he performed well on field sobriety exercises. Unfortunately, performing well on field sobriety exercises is often not enough to avoid being arrested for DUI and our client was taken into custody. The attorney for the Ticket Clinic set the case for trial and explained to the State Attorney's Office that they cannot prove DUI for prescription medication if the medication is not a controlled substance. On the morning of trial, the State agreed and offered to change the charge to Reckless Driving and withheld adjudication, which will allow our client to seal and expunge this case from his criminal record.