The arresting officer witnessed the defendant making a turn that was too wide, crossing several lanes of traffic. While following her, the officer noticed that her vehicle was drifting across the lane of travel numerous times. As the car entered onto I-95, the car went to the top of the on ramp, then back down to the bottom, nearly driving into the grass. As the officer followed, the vehicle continued to drift. After conducting the traffic stop, the officer noticed the odor of alcohol on the driver’s breath, bloodshot/glassy eyes and a flushed complexion. An open container was found in the car, and the driver admitted to consuming 5 beers at a bar, in a 2 hour period of time. Roadside exercises were performed on video, and the officer had the opinion that the driver performed poorly. After being arrested, the driver was asked to submit to a breath test and she agreed. The results were .177, .170, more than twice the legal limit. The firm challenged the legality of the stop, detention and the arrest. The Court agreed with the defense and granted the motion, excluding all evidence in the case. As a result, the State dropped all charges!
The defendant was swerving all over the road according to a 911 caller. The Police arrived and noticed the defendant leave his lane two more times and pulled him over. When they approached the vehicle, the defendant rolled down his back window and attempted to speak through the closed front window. After correcting this problem, the officer noticed an odor of alcohol, bloodshot eyes and slurred speech. It also took the defendant two minutes to pull his driver\\\'s license out of his wallet. The officer requested that the defendant perform field sobriety exercises and he agreed. While performing the walk and turn, he stopped the exercise and said just take me to jail. He claimed that his hip, which had been was replaced 6 months prior was hurting. He refused to provide a breath sample. On the day of trial, the State dropped the DUI charge.
On February 15, 2011, the Defendant was involved in a traffic accident caused by another driver. The defendant’s driver’s license was suspended due to her Habitual Offender Status. She was charged with Third degree felony of Driving with a Suspended License as a Habitual Offender. At the plea conference our attorney were able to convince the State Attorney to drop all Felony Charges.
On February 15, 2011, the Defendant was involved in a traffic accident caused by another driver. The defendant’s driver’s license was suspended due to her Habitual Offender Status. She was charged with Third degree felony of Driving with a Suspended License as a Habitual Offender. At the plea conference our attorney were able to convince the State Attorney to drop all Felony Charges.
An Officer responded to a Mobil Gas station in reference to a call regarding a drunk driver. The clerk at the gas station notified 911 after a male subject operating a cream colored Mitsubishi was being aggressive towards other customers. The Defendant was allegedly sitting in the driver’s seat of his car while impaired according to the clerk. When the officers arrived, the car was on the northern side of the gas station with a flat left front tire. The Defendant came out of the business and identified himself. He immediately told the officer that he was “drunk” and “needed help.” He had bloodshot/watery eyes, an odor of alcohol coming from him and said that he struck a curb flattening his tire but didn’t know where. He was slurring his words and saying he was “so wrong”. Customers were complaining that the Defendant was cursing at them for not helping with the flat tire. The citizen said that the Defendant moved the car from one of the pumps to the place it was parked. During roadsides, the Defendant said that he “just can’t do this” and could not comprehend the officers due to his impairment. He was arrested for DUI and gave a breath sample of .229 and .247. The Firm filed a motion to suppress and submitted the motion with case law and a letter to case filing with the State Attorneys Office alleging that the Defendant was arrested without probable cause that he was in actual physical control of his vehicle. The State agreed and declined to file any charges against the Defendant.
An Officer responded to a Mobil Gas station in reference to a call regarding a drunk driver. The clerk at the gas station notified 911 after a male subject operating a cream colored Mitsubishi was being aggressive towards other customers. The Defendant was allegedly sitting in the driver’s seat of his car while impaired according to the clerk. When the officers arrived, the car was on the northern side of the gas station with a flat left front tire. The Defendant came out of the business and identified himself. He immediately told the officer that he was “drunk” and “needed help.” He had bloodshot/watery eyes, an odor of alcohol coming from him and said that he struck a curb flattening his tire but didn’t know where. He was slurring his words and saying he was “so wrong”. Customers were complaining that the Defendant was cursing at them for not helping with the flat tire. The citizen said that the Defendant moved the car from one of the pumps to the place it was parked. During roadsides, the Defendant said that he “just can’t do this” and could not comprehend the officers due to his impairment. He was arrested for DUI and gave a breath sample of .229 and .247. The Firm filed a motion to suppress and submitted the motion with case law and a letter to case filing with the State Attorneys Office alleging that the Defendant was arrested without probable cause that he was in actual physical control of his vehicle. The State agreed and declined to file any charges against the Defendant.
The Defendant was stopped for following to close. According to the officer, the defendant was 10 feet behind another vehicle while traveling at 45 mph. The officer approached the vehicle and smelled alcohol, and then noticed the defendant to have bloodshot eyes and slurred speech. He asked the defendant if he had been drinking and he stated that he had 3 drinks earlier at a friend's house. The officer requested that the defendant perform field sobriety exercises. According to the officer, the defendant performed poorly. He was then arrested and blew a .246 and .232. After almost 2 years, the Firm managed to get the case dismissed.
The Defendant was charged with Domestic Battery for an altercation that took place with her husband. She was allegedly extremely intoxicated at the time of the incident. The Defendant was on probation for Driving Under the Influence and a warrant was issued for her arrest to take her into custody without a bond. The Firm filed a motion to surrender her in court and the State agreed to release the Defendant without taking her into custody. After lengthy dealings with the State Attorney on the Domestic Battery case, the charges were ultimately not filed and the Violation of Probation was dismissed. The Defendant was terminated off probation successfully.
Defendant was stopped for speeding. After a delayed response to the deputy’s lights and siren, the defendant stopped the car. The defendant admitted drinking 2 beers and a shot liquor. The defendant was arrested, and refused a breath test. Acquitted of DUI by a jury.
On November 7th, 2010, an officer with the Palm Springs Police Department observed the Defendant’s vehicle swerving between the lanes of traffic. The vehicle moved to the left crossing the solid line and then corrected. The vehicle then crossed over the right side lane markers twice and corrected back to the lane. The vehicle then crossed in front of the path of another vehicle while making a U-Turn and the other vehicle had to slow down. As the officer got behind the defendant, he crossed over to the left driving along the lane markers and had to correct. The Defendant was stopped and the officer noticed an odor of alcohol. The Defendant admitted to drinking 2 beers. A DUI officer came to the scene and saw the Defendant had red, glossy eyes and continually told the same story over and over again about where he was going. His speech was slurred and he performed poorly on roadside exercises. When he was taken back to the jail, he gave two breath samples of .215 and .195. The Firm filed a motion to suppress arguing that the Officer stopped the Defendant without any reasonable suspicion of criminal activity. The video contradicted what the Officer had written in his reports. On the day of the hearing, after the State of Florida reviewed the motion and the video, they agreed and dismissed the charges for Driving Under the Influence.
On October 25, 2010 Florida Highway Patrol Trooper stopped a 1990 Pickup Truck being driven by the Defendant. The Trooper stated the stop was for faulty equipment. Upon making contact with the Defendant, the Trooper learned that the Defendant did not possess a valid Florida Driver’s License. The Defendant also had 4 prior offenses for driving without a valid license since 2003. The State Attorney’s Office made an initial plea offer to the Defendant of 30 days in jail. The firm filed a motion to suppress the evidence based on an illegal detention. Results: The case was Dismissed by the State.
The Defendant was driving on Federal Highway when an officer heard music loudly coming from his car. The Defendant was pace clocked traveling 56 miles per hour in a 45 mile per hour zone for 4 blocks. After being stopped, the Defendant would not look at the officer without him being told to do so, but instead just stared straight ahead as the officer spoke to him. The officer noticed that the defendant smelled of alcohol and his speech was slurred. His eyes were glassy and bloodshot. The Defendant admitted to coming from O’Briens Bar in Boca Raton and that he had a couple beers within the last 2 hours. The Defendant performed poorly on roadside tasks and then was arrested where he refused a breath test. The Firm filed a motion to suppress arguing that the video depicts the officer approaching the Defendant traveling at a speed of 56 miles per hour. Additionally, the Firm filed a second motion which depicts the defendant performing well on the roadsides arguing that the officer lacked probable cause to arrest him. After receiving the motions, the State of Florida declined to file any charges against the defendant on the very next day.
