The defendant made a left turn in front of a police car, causing the police car to brake to avoid a collision. Once stopped he completed the roadside exercises and refused a breath test. .DUI charge dropped.
The defendant was charged with 5 separate counts of DUI causing Property Damage as a result of a 5 car accident that occurred in I-95 near Hollywood, Florida. Florida Highway Patrol Troopers arrived on scene to investigate the cause of the crash. According to the police paperwork several people involved in the accident identified the Defendant as the driver of the vehicle that caused the accident. The Officers noticed the Defendant to have the strong odor of an alcoholic beverage; bloodshot and watery eyes, flushed face and that he was unsteady on his feet. The officers then requested that the Defendant participate in Roadside Sobriety Exercises after making those observations, which the Defendant did. During the exercises, The Defendant could not walk in a straight line, and could not walk heel to toe during the walk and turn exercise. The Defendant was unable to hold his foot off of the ground and nearly fell over during the one leg stand. The Defendant was then arrested for DUI and refused to submit to a breath test. The Firm did a thorough investigation of the case and was able to prove through the use of depositions (sworn statements) that the officer was less than truthful in stating that other parties were able to identify our client as the driver. As a matter of fact, all of the parties gave depositions stating that each had no knowledge of who the driver was at the time of the crash, contrary to what the officer placed in his “sworn” reports. The State dropped all charges.
The Defendant made a right turn from the middle lane at Town Center Road and Military Trail and then failed to maintain its lane several times. The vehicle kept drifting in and out of the lane. After stopping the vehicle the Officer noticed that the driver smelled of alcohol and her eyes were bloodshot, glossy and she had slurred speech. A DUI officer arrived and asked her if she had been drinking. She stated she just came from Blue Martini and she had been drinking. The Defendant could not walk heel to toe during the walk and turn and did not have good balance during the One Leg Stand. Additionally, she was unable to touch her finger to her nose. During the alphabet task, the Defendant skipped the letter K and only got to the letter S the first time. On the second try, she was only able to get to the letter S. The Defendant was placed under arrest and taken to the Breath Facility at the Boca Raton Police Department. She was asked to submit to a breath sample where she got very argumentative, continually yelling and arguing with the officers about whether to take the breath test. After a significant period of time, the Defendant took a breath test which yielded results of .083 and .085. The Defendant also admitted to taking medication including sleeping pills. The Firm filed motions to exclude a number of different portions of the roadside videos as well as the breath testing videos regarding different medications she takes and the sleeping pills. All of the medications the Defendant took were not “controlled substances” under Florida Law. Thus, the firm argued, they were not admissible should the case have gone to trial. The State agreed to exclude those statements and portions of the video. Result: A week before the trial the State agreed to drop the DUI.
The defendant was a passenger in a vehicle that was pulled over by Florida Highway Patrol in St. Lucie County. The driver admitted to the trooper that his driver’s license was suspended. The trooper arrested the defendant for Permitting an Unauthorized Person to Drive claiming the defendant admitted to knowing the driver did not have a valid license but let him drive because she was tired. Defense Counsel immediately demanded a trial. At trial, Defense Counsel cross examined the trooper and was able to show the trooper made material assertions at trial that were not included in his sworn affidavit. Additionally it was established the trooper never investigated who the vehicle actually belonged to; therefore the prosecutor was unable to prove an essential element of the charge – that our client possessed ownership, dominion or control over the vehicle. The Judge dismissed all charges in the middle of trial, prior to Defense Counsel even putting on his evidence. The judge found the prosecutor failed to establish all the necessary elements to proceed further. Our client was found to be NOT GUILTY.
A Fort Lauderdale Police Officer saw the Defendant’s vehicle driving without its headlights on. The officer attempted to stop the Defendant’s vehicle however the Defendant kept driving until she pulled into a parking lot of a convenience store approximately one half mile from the location where he initiated his lights. The stopping officer detected the odor of an alcoholic beverage coming from the Defendant’s breath, bloodshot eyes, slurred speech, and a flushed face. The DUI investigator arrived on scene and made identical observations to those of the stopping officer. The Defendant was then asked to submit to roadside sobriety exercises and she admitted to consuming two glasses of wine between the hours of 7 p.m. and 10:30 p.m. The Defendant performed poorly during the exercises and was not able to follow instructions. Based on the foregoing, the Defendant was arrested for DUI and refused to submit to a breath test. After the Defendant’s arrest, a blue cup filled with an alcoholic beverage was found inside the defendant’s vehicle under the driver’s seat. Result: The State dropped all DUI charges.17/06/2010
The Defendant was seen by Plantation Police Officers to be involved in a road rage incident. He was driving at a high speed next to another car and intentionally steering it toward the other person’s vehicle and repeatedly cutting it off. The Defendant was stopped by the officer’s and asked to exit the vehicle after the officer saw the defendant was repeatedly reaching behind his seat in attempt to grab something. The Defendant stated to the officer “that he knew his rights” and refused to get out of the car. The officer forcefully took him out of the car and handcuffed the Defendant. The Defendant braced and tensed his arms in order to prevent himself from being removed from the vehicle. The officers then searched the car and found a black butterfly knife and a plastic bag with marijuana residue in it. The Firm took several depositions in regard to this matter and was able to demonstrate the many conflicts between the officers’ versions of the events. Furthermore, the firm presented the State with case law from the U.S. Supreme Court that shows that the search to find the knife and plastic bag may have been unconstitutional. The state dropped all charges.
The Defendant was seen by Plantation Police Officers to be involved in a road rage incident. He was driving at a high speed next to another car and intentionally steering it toward the other person’s vehicle and repeatedly cutting it off. The Defendant was stopped by the officer’s and asked to exit the vehicle after the officer saw the defendant was repeatedly reaching behind his seat in attempt to grab something. The Defendant stated to the officer “that he knew his rights” and refused to get out of the car. The officer forcefully took him out of the car and handcuffed the Defendant. The Defendant braced and tensed his arms in order to prevent himself from being removed from the vehicle. The officers then searched the car and found a black butterfly knife and a plastic bag with marijuana residue in it. The Firm took several depositions in regard to this matter and was able to demonstrate the many conflicts between the officers’ versions of the events. Furthermore, the firm presented the State with case law from the U.S. Supreme Court that shows that the search to find the knife and plastic bag may have been unconstitutional. The state dropped all charges.
The Defendant was speeding coming from Boca Raton into Deerfield Beach going 47 in a 30 mph zone. The Defendant continued southbound and began to weave in his vehicle almost striking a curb. The Defendant’s vehicle was stopped by a Broward Sheriff’s Deputy. The Deputy made contact with the Defendant and noticed the odor of an alcoholic beverage, flushed face, bloodshot watery eyes, droopy eyelids and slurred speech. The Defendant repeatedly asked the Officer to explain the reason for stopping his vehicle. The Defendant was then asked to exit his car to perform roadside sobriety exercises. At that time, the Deputy noticed that the Defendant’s pants were open and his pubic area was exposed. The Defendant performed poorly on the exercises and was arrested for DUI as a result. The Defendant then refused to submit to a breath test on video. The video reflected the defendant to have slightly slurred speech and that he was acting in a strange manner. The firm filed a Motion to Suppress the Defendant’s Refusal to Submit to Testing based upon an improper reading of Florida’s Implied Consent Law which the State conceded to. All DUI charges were dropped.
On 12-27-09, at approximately 5:20 am, a Deputy reported that he witnessed the Defendant driving on Memorial Highway northbound. The Defendant was traveling 30 mph in a 40 mph zone, while drifting and weaving as they traveled. The Defendant exited Memorial Hwy onto Independence Pkwy which the Deputy noted the Defendant had difficulty negotiating the left bend in the roadway. Once on Independence Pkwy, the Deputy reported that the driver continued to drift and travel 10 mph under the speed limit. The Deputy then alleged the Defendant made a very wide radius turn onto George Rd. At this point, the Deputy activated his emergency equipment and stopped the Defendant for suspicion of DUI. After being stopped, the Defendant was requested to perform field sobriety exercises, which he complied. The Deputy believed the Defendant’s performance on the exercises was unsatisfactory and placed him under arrest for DUI. The Defendant submitted a breath test of .105 and .103. A video camera installed in the dash of the Deputy’s car recorded the entire driving pattern of the Defendant. The firm received a copy of the video and upon examination found the Deputy’s description of the driving pattern to be somewhat exaggerated. The firm filed a motion to suppress based on an illegal stop. Results: On the day the motion was to be heard by the Judge, the State dropped the DUI charge.
The defendant was pulled over for making an illegal left turn and driving around 3 orange barrels. The officer noticed an odor of alcohol on the drivers breath, bloodshot eyes, and slow speech. He also noticed that he was unsteady when he exited the vehicle. After performing field sobriety exercises, the defendant was arrested for DUI and taken to jail. He refused to give the officer a breath sample. On the day of trial, the state dropped the DUI Charge.
An officer was parked with his window open on Platt St. The officer’s attention was caught by the sound of two loud engines. The roar of the engines indicated that the vehicles were traveling at a high rate of speed. The officer then observed the 2 vehicles traveling at an estimated speed of 70 mph. Both vehicles continued to attempt to outgain one another as they passed the officer. The two vehicles then came to a stop at a red light which allowed the officer to catch up to them. As the officer pulled up behind the 2 vehicles, the light turned green and the Corvette abruptly accelerated from a stopped position. The Defendant was soon traveling at a high rate of speed again. The Corvette’s speed was clocked at 60 mph in a 40 mph zone. At this point the officer activated his overhead lights and conducted a stop on the Corvette. The Defendant was asked if he was racing the other car and he said “No, I wasn’t trying to.” The Defendant was arrested for Racing on the Highway. Results: The case was set for trial and on the day of trial, the State dropped the racing charge.
The defendant was stopped for weaving. After being arrested for DUI, the defendant refused the breath test. DUI charged drooped
