RECENT COURT VICTORIES

Our Client was arrested for DUI, but the case was a triple refusal: no field sobriety exercises, breath test or questions/answers.  Prior to making a request for a wet reckless, out Client completed DUI school; the counseling required by the school; a 12-hour advanced driver improvement school; attended MADD's victim impact panel; impounded his vehicle for 10 days; and, submitted to testing at Quest Labs.  Our employment requires travel back and forth across the Canadian border.  A DUI conviction would result in our Client's employment being terminated, as a DUI conviction bars entry into Canada.  Our Client is the sole breadwinner for the family, including two children.  Our Client has no other experience or skills outside of the current employment; thus, the potential for finding other employment is quite bleak.  Through proper negotiation with the State, our Client was permitted to plea to a wet reckless, avoiding a devastating DUI conviction.

Our Client was charged with battering a longtime friend.  The named victim and their spouse had attended a BBQ at our Client's home.  The "victim" and their spouse argued, with the "victim" leaving the BBQ; leaving the spouse and children behind.  This was out of character, so our Client, along with others at the BBQ were concerned for the "victim's" safety.  Eventually, the spouse and children returned to their residence, with our Client, along with another friend, not far behind them.  According to the "victim," our Client was upset with "victim" and committed an unprovoked attack on the "victim."  At our Client's Stand Your Ground Motion to Dismiss, the spouse attempted to support the "victim's" claims but admitted to not being present for the actual altercation.  Our Client and his friend, who was present for the actual altercation, testified that when the "victim" finally came home, the "victim" accused our Client of attempting to have an affair with the spouse.  Upon the "victim" approaching our Client aggressively, our Client held his hand out to keep the "victim" at bay.  Upon the "victim" taking a swing at our Client, our Client had no choice but self defense, taking the "victim" to the ground until the "victim" calmed down.  The Court found our Client acted in self-defense, standing his ground and DISMISSED the case.

On May 3, 2023, our client was arrested for Fleeing and Eluding with High Speed or Wanton Fleeing, a second degree Felony carrying up to 15 years of prison, and an automatic adjudication of guilt. This would make him a convicted felon. Our client was lost and following his GPS but was speeding.  He was clocked going 30 miles over the speed limit. As he made the wrong turn, the Officer attempted to pull him over but his patrol vehicle stalled out for several moments. He accused our client of fleeing his vehicle for less than a mile after the stall. Our client was stopped at a red light and was figuring out where he was. The officer saw him and pulled him out of the vehicle. He did not get a confession or a motive.

On May 11, 2025, our client elected to reject the State's offer which included jail time and let a jury decide his case. We were able to show the jury he had a pizza order around the same time and showed them a map of the simple driving pattern. His wrong turn was just before the pizza shop and then he overshot it. He was lost and late. We asked the State for two years to file the charges as a lesser reckless driving which would carry a maximum of 90 days in jail. They refused. The jury decided the case and found our client not guilty of ANY Felony. They did find him guilty of reckless driving. He was sentenced to 6 months probation, 12 hour driving class, and community service.

Police say they stopped our client while driving in Key West for having no lights on. Once stopped, our client explained that it was simply a mistake as her lights are usually on "auto." She then turned on the lights to demonstrate what she said to the officers. Officers did not accept that. They went further and began speaking with our client. Officers say they observed an odor of alcohol, slurred speech, bloodshot watery eyes, and swaying "numerous times" while interacting with our client. Officers asked our client to perform field sobriety exercises and she agreed. Our client attempted to comply with officers and complete all tasks, but Officers stopped her during each exercise because our client was questioning them and frustrated as she knew she did not do anything wrong. Nevertheless, officers placed our client under arrest for DUI. She then contacted us. We immediately contacted the prosecutor assigned to the case to explain that our client was not impaired. The prosecutor initially took the same position as the police — assuming our client must be impaired and even adding that they were "open to offers" in an effort to get our client to take a plea. The prosecutor went even further and threatened to charge our client with a felony. Nevertheless, we persisted and explained not only that our client was not impaired but some of the legal issues we observed. Finally, after going back and forth with the prosecutor and ignoring their arm-twisting, the prosecutor dismissed all criminal charges.