The defendant was seen by an Orange County Deputy investigating street racing. The deputy saw that the defendant’s car was modified illegally and that was the basis for the deputy to stop the defendant. The defendant smelled of alcohol and marijuana, failed the filed sobriety exercises, had a breath test above the legal limit, and his urinalysis test came back positive with marijuana in his system. The defendant then retained t The Ticket Clinic to represent him. The firm filed a series of aggressive motions attacking the states case in chief, and the right the police had to arrest the client in the first place. The presiding judge agreed and ordered the total suppression of all evidence against our client. The State, having no evidence to go forward with, had no choice but to drop the charges against our client and he suffered no further consequences.
An Officer was traveling southbound where the posted speed limit was 45mph. The vehicle in the lane to the left of the officer accelerated at a high rate of speed. The officer estimated the vehicle’s speed to be approximately 75 mph. The vehicle then slammed on the brakes to avoid hitting the car in front of it. The officer at this point conducted a traffic stop on the vehicle for speeding and following too closely. Upon approaching the driver of the vehicle, the officer immediately smelled the odor of alcohol on his breath. He also had glassy bloodshot eyes. When the Defendant was asked out of the vehicle, he swayed while standing. The Defendant was asked to perform field sobriety exercises, which he complied. He did not step heel to toe, stepped off the line and had to use his arms for balance on the walk and turn exercise. On the one leg stand, the Defendant swayed, used his arms for balance and had to put his foot down before the 30 second period was completed. The Defendant also had a considerable sway while performing the Alphabet and counting tests. The Defendant refused to provide a breath sample when requested by the officer. Result: The Firm was able to convince the State Attorney’s Office, based on lack of evidence, to drop the DUI charge.
A Trooper from the Florida Highway Patrol initiated a traffic stop on a vehicle occupied by two Hispanic males who spoke little English. The Trooper instructed both individuals to exit the car and to provide their driver’s licenses. The Defendant was cited for speeding and arrested for driving with an expired driver’s license over 4 months. After a lengthy consultation, Spanish speaking Defense Counsel was able to ascertain the Defendant was actually seated in the passenger seat and, in fact, had a valid driver’s license. The Trooper apparently confused the identities of the two Hispanic males and arrested the Defendant in error. Defense Counsel brought this information to the Assistant State Attorney. The citation and criminal charge were immediately dropped.
A Palm Beach County Sheriff’s deputy heard a BOLO in reference to a possible impaired driver. Other Palm Beach Sheriff Officers were following the vehicle. The officer found the vehicle and observed it weaving noticeably within it’s lane and appeared to be straddling the passengers side white lines while traveling 10 miles under the speed limit. The vehicle then sat for several seconds when a light turned green instead of starting its travel. The vehicle then continued to weave noticeably in the lane and crossed over the line once or twice by a few inches. The defendant then turned on the turn signal and went to turn into an area that was a curb and then corrected itself back onto the street. The Officer then initiated a traffic stop on the vehicle. The defendant’s eyes were glassy and bloodshot and there was an obvious odor of an unknown alcoholic beverage coming from the vehicle. The driver swayed noticeably when he was standing outside the car. He stated that he drank 2 coronas and performed poorly on the roadside exercises. He was arrested and taken to the Breath Alcohol Testing Facility where he was asked to submit to a sample of his breath where he blew a .081 and .092. The Firm filed numerous motions to suppress including a motion to suppress arguing that the defendant was stopped without a reasonable suspicion of criminal activity. The driving pattern was captured on video. The State received the motion and dropped the DUI charge.
A Port St. Lucie Police Officer observed the Defendant’s vehicle following dangerously close behind another vehicle. The Defendant’s vehicle abruptly changed lanes and struck the curb. After initiating a traffic stop, the officer made contact with the Defendant and noticed a strong odor of an alcoholic beverage emanating from her mouth. The Defendant’s clothing was described as disorderly and her speech slurred. The Defendant admitted to driving from a strip club where she had “a couple shots.” Upon being requested to exit the vehicle, the Defendant used her vehicle for support. The Defendant performed extremely poorly on the field sobriety tasks appearing confused and performing the tasks together instead of separately as instructed. The Defendant provided breath samples of .164/.172. Defense Counsel demanded to see a copy of the officer’s dashboard camera. On the video but off the view of the camera, Defense Counsel overheard the arresting officer telling another officer that he did not smell any alcohol on the Defendant’s breath, despite writing in his sworn report that he did. Defense Counsel also overheard the arresting officer making inappropriate comments about the Defendant being a stripper. Defense Counsel immediately filed a legal motion pointing out the officer committed perjury. Furthermore, Defense Counsel included a track record of the arresting officer making apparent false statements from other cases he has represented. After the Assistant State Attorney received Defense Counsel’s legal motion, the State of Florida immediately dropped the DUI charge
A Port St. Lucie Police Officer observed the Defendant’s vehicle drifting, straddling and weaving on the roadway. Upon initiating a traffic stop, a DUI enforcement officer was called to the scene to investigate. The DUI enforcement officer noticed a strong odor of an alcoholic beverage emanating from the Defendant’s mouth. When the officer asked the Defendant to exit the vehicle, the Defendant needed to use his vehicle to steady himself. The Defendant admitted to drinking alcohol, however, he could not remember the bar in which he was coming from. The Defendant performed poorly on the field sobriety tasks and provided a breath reading of .102. Defense counsel attended the Department of Motor Vehicle Formal Hearing attempting to retain the Defendant’s driving privileges. At the hearing, Defense Counsel recognized conflicting testimony between the officer who initiated the traffic stop and the DUI enforcement officer. Defense Counsel immediately prepared legal documents challenging the evidence based on the strikingly different testimony of the two officers. After two extensive legal hearings in front a judge, the State agreed to drop the DUI charge.
The defendant was stopped for swerving. He completed the roadside exercises and refused the breath test. Defendant was acquitted by jury of DUI.
The defendant was approached by an officer after he exited a bar and was walking to his car. The officer told him that he saw him drive around a \"road closed\" sign and park in a no parking zone. The defendant responded that he forgot his credit card in the bar and had to get it. The officer made observations consistent with impairment and decided to begin a DUI investigation. The defendant refused to perform field sobriety exercises and refused to give a breath sample. He was arrested. Halfway through the trial, we argued that there was little to no evidence that our client was driving the vehicle. The judge agreed and dismissed the case.
The Defendant was working for Coca-Cola and filling his work truck with fuel at a service station in Hollywood, Florida. Simultaneously, a fight arose at the gas station that did not include and was unrelated to the Defendant. Hollywood Police Officers responded to address this fight. In their efforts to arrest the people involved in the fight, the Officers threw a female against the side of the defendant’s work truck The Defendant exited his truck and asked for the officers\' name and badge number to give to his employer to address the damage to the vehicle. The Defendant repeatedly requested the name and badge number of the Officers and was arrested for obstructing the arrest of the female participant in the fight for doing so. After the firm’s investigation of this case and proof that the Defendant did not obstruct the arrest, the State dropped all charges.
The Defendant was driving on Lakeworth Road without his headlights on. The officer paced the vehicle traveling 53 miles per hour in a 45 mile per hour zone. The Defendant’s vehicle then began to swerve within its lane. After initiating a traffic stop, the Officer noticed that the Defendant’s breath smelled like alcohol and his eyes were glassy, red and bloodshot. His movements were slow and he had difficulty completing thoughts or sentences. While standing, he would stumble to the left or right. After each question posed by the officer, the Defendant would request that it be repeated since he was “unable to focus on what was being said”. While walking to the parking lot to do the roadside exercises, he stumbled several times and slowed to catch his balance. He spontaneously stated that he “came from McKenna’s Bar and only had 4 beers”. His speech was slow and deliberate. He performed poorly on roadside exercises and was arrested for DUI. He stopped the one leg stand and said he just couldn’t do it and repeated a letter in the alphabet while singing it instead of saying it slowly. At the Breath Facility, he gave two samples of his breath which yielded results of .055 and .059. He was questioned about his consumption of alcohol at the breath facility and he responded by stating that he “was no longer under the influence”. The Firm contacted the State Attorney’s Office pre-filing to attempt to stop the charge of DUI from being filed against the Defendant. After speaking with the State of Florida, the Firm was able to convince them that the case could not be proven beyond and to the exclusion of every reasonable doubt and the State declined to file the charges.
Deputy responded to a person down call. Upon arrival, the Deputy observed a vehicle stopped in the turn lane. The vehicle had a green light and did not turn. The brake lights were the only lights illuminated on the back of the car. The Deputy initiated his emergency lights and approached the vehicle. The Defendant was seen sleeping in the driver seat with his head down and seat belt on. The vehicle was running and the gear shift was in drive. The Deputy opened the door and the Defendant’s arm fell and he continued to sleep. The Deputy was finally able to wake the Defendant. The Deputy gave the Defendant multiple commands for him to put the car in drive, which he did not do. The Deputy then reached into the car and put it into the park. The Deputy then turned the car off and put the keys on the top of the car. A DUI investigator was then called to the scene. When the DUI investigator arrived, she noted an odor of an alcoholic beverage on the Defendant’s breath. She also noted his eyes were bloodshot and glassy and his speech was slurred. The Defendant stated that he was tired from work, but had been out drinking. Defendant admitted to drinking 3 long island ice teas at a pool hall earlier in the evening. The Defendant performed field sobriety exercises which showed clues of impairment. On the walk and turn exercise, the Defendant was unable to maintain his balance in the start position, stumbled out of balance twice, stopped with each step to regain balance and missed touching his heel to toe. On the One Leg Stand exercise, he had to put his foot down multiple times. The Defendant was then arrested for DUI. He provided a breath sample which had a .128/.137 breath alcohol content. The case was set for trial and after extended discussions with the State Attorney’s Office, the firm was able to get the DUI charge dropped.
The Defendant drove his vehicle behind closed businesses located in Plantation, Florida. Fearing for the safety of those businesses, Officer Santy of the Plantation Police Department followed the Defendant. Upon coming into contact with the Defendant, the Defendant was standing by the driver’s side of his vehicle changing his clothing. The Defendant had the odor of an alcoholic beverage, bloodshot eyes, slurred speech, and was acting with a sleepy and lethargic demeanor. The Defendant also appeared to be disoriented as to the time and his location and could not remember the name of the restaurant he was coming from. The Defendant was asked to do roadside sobriety exercises and performed poorly. The Defendant then submitted to the breath test, which registered .115/.109 g/210L on the intoxilyzer. The State dropped all DUI charges
