The police observed the defendant make an improper turn and swerve repeatedly into other lanes. The police attempted to pull the defendant over, but the defendant continued to drive for a number of blocks. After the defendant pulled over, the officer noticed an odor of alcohol coming from the defendant. The defendant also had glassy blood shot eyes and a flushed face. The defendant agreed to do roadside exercises, and according to the officer, she was not able to complete any of them. She agreed to do a breath test and blew over the legal limit. The firm filed a motion to suppress the results of the breath test. After the motion was granted, the State agreed to drop the DUI charge.
The defendant was the driver of a vehicle that lost control, running over shrubbery and eventually striking a tree. The vehicle then burst into flames. After paramedics arrived, the defendant admitted to being the driver and losing control of the vehicle. Observations were made that were consistent with an impaired driver, roadside exercises were performed on the scene and the defendant was arrested. The defendant refused to take a breath and urine test. DUI charge dropped.
A witness saw the defendant stumble out of a bar and enter her vehicle. The witness flagged down police and informed them that he was worried that the defendant was impaired and was about to drive off. The police approached the vehicle and found the defendant sitting in the driver seat with the engine running. The officer observed the defendant to have red watery eyes, flushed face, slurred speech and the odor of alcohol on her breath. The defendant refused roadside exercises and the breath test. The firm prepared the case for trial. On the day of trial, the State Attorney dismissed all charges.
The Defendant drove to her ex husband’s house where she appeared drunk. The ex husband called the police and upon arrival, the officers made contact with the Defendant. The ex husband told the officers that the Defendant had driven there and was drunk. The officers instituted a DUI investigation. The Defendant performed poorly on roadsides and was arrested for DUI. At the jail, the Defendant gave a breath sample of .307 and .314 (almost 4 times the legal limit). The Firm immediately contacted the State Attorneys Office after being hired and pointed out that the 4th District Court of Appeal had ruled that an independent witness calling in an impaired driver (without the officer’s personally viewing the driving or defendant being in actual physical control) it results in an unlawful arrest for DUI. The Officer wrote in his report that he based his investigation on the ex husband’s statement. The State of Florida, after initially filing the charges for Driving Under the Influence, agreed with the Firm and dismissed the charges for DUI.
On 4/9/11, at 3:27 am, a Tampa Police officer observed a vehicle traveling in front of him drifting repeatedly within the inside lane. The vehicle then began to drift entirely over the lane marker to the outside lane. The vehicle did this 3 times. The officer then observed the vehicle drift from the inside lane toward the median. The vehicle's tires on the driver's side briefly made contact with the median. At that point, the officer initiated a traffic stop. The vehicle was very slow to react to the lights and siren, but eventually pulled into a parking lot and stopped. Upon making contact with the driver, the officer noticed a strong odor of alcohol coming from her breath. The Defendant also had slurred speech and red watery eyes. The Defendant forgot to produce proof of insurance when requested and when asked to exit the vehicle, she stumbled. A DUI investigator was called to the scene. The Defendant agreed to perform field sobriety exercises. On the walk and turn, she failed to maintain her balance, did not touch heel to toe and lost her balance during the turn. On the one leg stand, she swayed while balancing. On the Finger to Nose test she failed to touch her nose 3 times. The Defendant was then arrested for DUI. The Defendant’s breath sample results were .082 and .073. Result: The case was set for trial, but before the trial began, the DUI charge was dropped by The State.
Officers responded to a bar regarding a disturbance. Officer contacted the defendant inside his vehicle and noticed an odor of alcohol on the defendant's breath as well as glassy bloodshot eyes and slurred speech. Defendant made admissions that they drank alot of alcohol and was in the bar immediately before the officer made contact with them. The defendant refused a breath test. Case dismissed.
The defendant was charged with Driving While License Suspended. The probable cause for the stop was that client’s taillight was out. The firm requested pictures of the defendant’s vehicle and discovered that it could be argued that the defendant had the requisite number of visible taillights, as required by law, because the particular vehicle had more visible taillights than most vehicles. The firm then filed a motion to suppress the stop of defendant’s vehicle. The State agreed and dismissed all charges.
On January 19, 2011 the Defendant was stopped for traveling 72 mph in a posted 50 mph zone. Upon the Deputy making contact with the Defendant, he immediately noticed the strong odor of an alcoholic beverage. The Defendant’s eyes were also glassy and bloodshot. The Defendant admitted to drinking. The Defendant’s pupils were dilated and took up approximately 90% of his eye. The Deputy then requested the Defendant to perform field sobriety exercises which he initially agreed. The Defendant was unable to stand in the start position for the walk and turn test and decided he no longer wanted to perform the exercises. The Defendant was then arrested for DUI. The Defendant refused to provide a breath sample after being read Florida’s Implied Consent law. Result: The case was set for trial, but before the trial date, the DUI charge was dropped by the State.
On February 15 2011, the Defendant was observed traveling at a high rate of speed. His vehicle then made a sudden turn and the left front tire struck the curb. The vehicle completed the turn with the tires squealing through the rest of the turn. As the officer began following the defendant, he observed a cup being thrown out of the Defendant’s window. The officer then initiated a traffic stop. When asked why he threw the cup out of the window, the Defendant responded he knew he was not supposed to have an open container in the car. While speaking with the Defendant, the officer noticed that he had trouble answering basic questions and was slurring very badly. The officer also noticed a very strong odor of an alcoholic beverage coming from the Defendant’s breath. The officer asked if he could search the Defendant, which he agreed, and a glass pipe with marijuana residue was found in his front pocket. A DUI unit was called to the scene and requested the Defendant to perform field sobriety exercises. The Defendant refused to perform the exercises. The Defendant was then placed under arrest for DUI and requested to submit to a breath test. The Defendant refused the breath test as well. Result: Case was set for trial, the State dropped the DUI.
A Florida Trooper stopped the defendant and cited him for Reckless driving. The trooper alleged that the defendant accelerated rapidly from a toll plaza and cut another vehicle off. The firm’s attorney met with the Assistant State Attorney and convinced her that although the alleged driving pattern may be dangerous, it did not rise to the criminal level of reckless driving. The Assistant State Attorney dropped all criminal charges.
The police stopped the defendant’s vehicle based on his observation that the defendant was not wearing his seat belt. The police officer detected a strong odor of cannabis after making contact with the defendant and another passenger. The officer observed a glass pipe on the floor board. When the passenger opened his mouth, the officer observed cannabis inside of his mouth. The officer found 2 more pipes with charred cannabis underneath the seats of the vehicle. The defendant admitted that he knew that there was cannabis inside of the vehicle, and that the passenger was trying to swallow the drugs as the police were pulling them over. The Firm filed a motion to dismiss. The State agreed with the motion and all charges were dismissed.
The Defendant was stopped for traveling 60 miles per hour in a posted 40 mile per hour zone. She attempted to get out of her car and had to be warned to stay in. She had difficulty following requests for her documents and had an odor of alcohol, red glassy eyes and admitted to consuming alcohol from her work (where she was coming from). She also had slurred speech and was being argumentative. She was asked to step out of the car to perform roadside exercises. She was unable to maintain balance during the walk and turn, started before being told to, missed several heel to toe steps and had to stop and steady herself. She never counted out loud as instructed. She performed poorly on the one leg stand, finger to nose and then incorrectly recited the alphabet. She was arrested and transported to the Breath Facility where she had an extremely flushed face, droopy eyes and looked impaired. The Firm filed numerous motions including a motion to suppress for a lack of probable cause for arrest, a motion to exclude portions of the roadsides for the officer's failure to record all of it and a motion to exclude the alphabet task because of a constitutional violation. On the day of the hearing for the motions, the State of Florida dismissed the DUI charge.
