The defendant was stopped by a Broward Sheriff’s Office Deputy for speeding and running a red light. The deputy noticed the defendant to have an odor of an alcoholic beverage about his breath; bloodshot watery eyes, and slurred speech. The DUI investigator made the same observations and noticed that the defendant was also unsteady on his feet. The defendant performed poorly on roadside sobriety exercises. The defendant admitted to consuming at least three alcoholic beverages before driving and then refused a breath test. The State dropped all charges, including the DUI.
According to police, the Defendant entered into a store and stole some merchandise. He was observed by store security who stopped him as he tried to leave the store with the stolen merchandise. The attorney for the firm investigated the case, and was able to get the Defendant into a program for first time offenders. Upon completion of the program, the attorney for the firm was able to get the prosecutor to drop the case completely.
This case involved the Defendant’s second DUI offense within 5 years of a prior conviction, which is punishable by mandatory jail time and a 5 year driver’s license revocation. The Defendant was clocked by a road patrol officer for the Davie Police Department going 90 mph in a 50 mph zone. The officer initiated a traffic stop and noticed the Defendant to have the odor of an alcoholic beverage on his breath; bloodshot and watery eyes; and needed to use the door of his vehicle for assistance when he exited his vehicle. The Defendant was then taken to an area for roadside sobriety tests. The Defendant put his foot down several times during the one leg stand and began counting in a scattered manner during that exercise. During the walk and turn exercise, the defendant missed walking heel to toe on at least four occasions and could not maintain the instructional position. The Defendant was arrested for his second DUI and refused the breath test resulting in the suspension of his driver’s license. The Defendant also admitted to consuming multiple alcoholic beverages prior to driving. The Defendant was found not guilty by a jury after trial.
The Client was stopped for speeding and hitting a curb. Once stopped the officer asked the Client to do sobriety exercises, which he started to do, and after making a few mistakes, stated that he didn't wish to continue. After this the Client was taken to the station on the charge of DUI and was asked to give a breath sample, which he refused. The State offered to give him diversion, which would have involved an interlock device, a vehicle immobilization and at least 75 hours of community service. The Firm decided to try the case and the case was set for trial. Before the trial the State agreed to take away the previous mentioned requirements and drop the DUI charge.
The defendant was stopped for traveling 90 mph in a 50 mph zone. After the stop, the deputy noticed an odor of alcohol coming from her breath and her eyes to be bloodshot and glassy. The defendant was asked to exit the vehicle. She admitted to drinking 2 beers, but later changed her story to admitting to 5 beers. The defendant was requested to perform Field sobriety exercises. On the walk and turn test: she could not keep her balance during instructions, failed to touch heel to toe, started before instructions were finished and stepped off line 3 times. During the one leg stand test: she put her foot down 3 times, hopped to maintain her balance and swayed while balancing. During the finger to nose test: she missed the tip of her nose 5 out of 6 times, failed to return her arm to her side 3 times and raised the wrong arm once. The defendant was arrested for DUI. She provided a breath sample of .092/.092. The firm filed multiple motions to suppress evidence based on an illegal detention. The first motion was granted and before the second could be heard by the court, the State dropped the DUI charge.
The defendant was driving on Okeechobee Boulevard when an officer observed the defendant driving in the center of the road after turning onto Barcelona Drive. The vehicle then rolled through a stop sign and almost stopped in the middle of the road and made a wide right turn. This was all captured on video and played during the trial by the state attorneys office. The officer stopped the defendant and approached the vehicle. The driver of the vehicle had reddened glassy eyes, slurred speech and had an odor of an alcoholic beverage coming from his breath. The officer ordered the defendant out of the car where the defendant was unsteady on his feet and stumbled backwards. The defendant was not steady on his feet again 2 more times before starting the exercises. The officer asked the defendant if he had been drinking and he said he had several beers. The officer first asked the defendant to do the walk and turn. The defendant could not maintain his balance, barely stayed on the line at all and never walked heel to toe. The defendant could not perform the one leg stand. Additionally, during the finger to nose task, the defendant touched the nostrils, bridge of his nose and could not keep his eyes shut even though he was told to touch the tip of his nose and keep his eyes shut. The field sobriety exercises were caught on video and showed a poor performance on the one leg stand and walk and turn. The defendant was arrested for DUI and taken to the Breath Alcohol Testing Facility where he refused a breath test. He then admitted there to drinking 2 or 3 beers that night and admitted to have been driving home from a bar. Verdict: Not guilty.
The defendant was observed by the arresting officer reversing and screeching tires repeatedly, then proceeded to drive without headlights. The defendant refused breath testing. DUI charge dropped
The Defendant was driving home when he was involved in an accident. When the police showed up, the officer noticed that the Defendant had bloodshot, glassy eyes and his speech was slightly slurred. He also smelled like alcohol and admitted to drinking 4-5 beers within the last hour. He would get angry and then calm. During the roadside exercises he swayed and said during the one leg stand that “he could not do it if he was sober.” During the finger to nose exercise, the Defendant did not touch the tip of his nose as instructed and used the wrong hand on one occasion before having to correct himself. The Defendant was taken to the jail where he refused to submit to a sample of his breath. The Firm immediately notified the State Attorneys office of the evidence collected, proving that the other driver caused the accident. Additionally, all statements made by the Defendant were protected by the Accident Report Privilege so the State agreed they would be inadmissible in court. A motion to suppress was going to be filed arguing that the Defendant was arrested without probable cause. The State of Florida agreed and declined to file any criminal charges against the Defendant.
The defendant was stopped for speeding, expired tag and having a broken side view mirror. After being stopped the officer noticed the strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. Once out of the car, the defendant was very unsteady and had trouble walking to the rear of his car. The defendant admitted to drinking a couple of drinks and coming from an unknown bar. Roadside exercises were offered and refused and the defendant was arrested. Once at the police station, according to the arresting officer, the d0efendant became enraged, banging his head on the metal door, spitting on the wall and urinating in his cell, then rubbing his hands in the urine. The breath test was refused. Acquitted of DUI by jury after 15 minutes of deliberations.
The defendant was involved in a traffic accident where the defendat struck a house with his vehicle and fled the scene. The officer approached the defendant in a parking lot close to the site of the accident, upon where he found the defendant sleeping in his vehicle. The defendant refused breath testing. DUI charge dropped.
A deputy of the Indian River County Sheriff’s Office alleged he observed our client drinking a beer in the parking lot of a bar. The deputy claimed he grabbed our client to arrest him for violating the County’s Open Container Ordinance. The defendant allegedly resisted the deputy’s arrest by striking him in the head and body numerous times. Our client fled to a nearby wooden lot to hide, but was later apprehended by a K-9. Later, out client was alleged to have admitted to “fighting” the deputy. The State Attorney’s Office made a plea offer of 26 months prison to three felony charges. Once hired, Defense Counsel immediately began working on a defense. Through research, Defense Counsel learned that the Defendant did not actually violate the open container ordinance because the particular ordinance only applies to convenience stores and vacant properties, not bars or restaurants. Therefore, the deputy was actually making an illegal arrest. Furthermore, through defense counsel depositions, it was determined there was no evidence of the defendant striking the deputy such as injuries or witness testimony other than that of the deputy himself. Defense Counsel was also able to track down numerous witnesses who were present in the parking lot and could testify favorably for the Defendant. Lastly, Defense Counsel learned that another deputy was fired by the Sheriff for harassing another citizen a few weeks later while using our client’s name as a reference. This fact showed a possible trend of harassment in this particular area and for our client. Defense Counsel set the case for trial and subpoenaed the Sheriff himself to testify in favor of the Defendant’s case. On the day of trial, Defense Counsel convinced the prosecutor to resolve the case with only misdemeanor charges and NO JAIL TIME.22/01/2010
