The Client's vehicle was stopped for speeding. Once he was stopped the Officer noticed signs of impairment and began a DUI investigation. The Officer asked the Client to conduct sobriety exercises, which the Client performed poorly on and was then arrested for DUI. During an inventory search of his vehicle officers discovered marijuana, which the officers added to the list of the charges against him. Once at the jail, the client gave a breath sample more than two times over the legal limit. The Client hired the Firm and the Firm immediately began investigating all avenues of his defense. The Firm discovered that the Client had a learning disability that could be used to his advantage in his defense. The State Attorney's office agree with the Firms position and agreed to dismiss the DUI charge.
The Client was stopped for driving in the wrong direction in traffic. Once stopped the officer noticed signs of impairment and requested she do sobriety exercises. The client performed poorly on the exercises and was arrested for DUI. Once arrested she gave a breath sample that was over twice the legal limit. The Firm investigated the case and discovered that she was extremely cooperative with law enforcement and had a lack of prior criminal history. The Firm used these mitigating factors to get the state to agree to dismiss the DUI charge.
The Client was stopped for hitting a curb and speeding. The Officer believed the Client to be impaired by alcohol and asked him to submit to DUI exercises, which the Client performed poorly on. Once the Defendant was arrested for DUI he gave a breath sample over the legal limit. The Firm then went to Court for the Client and spoke to the State Attorney on the issues of the case, including the fact that the Client was very cooperative and did not have any other criminal history. The State then agreed to dismiss the DUI charge.
A police officer stopped the client for numerous moving violations. Upon police questioning, the client admitted to consuming three drinks and the officer reported the client had bloodshot eyes, slurred speech and an odor of alcohol. The officer conducted field sobriety exercises on the client and reported the performance was poor and indicated substantial impairment by alcohol. After hiring The Ticket Clinic, the attorney discovered the client suffered a past traumatic brain injury in 2009. The attorney theorized the field sobriety exercises were unreliable to this client because of his particular injury. The attorney had the client evaluated by a neurologist who prepared a report confirming the attorney’s beliefs. Despite the fact the client had a previous conviction for DUI, armed with the neurologist’s report, the attorney was able to persuade the prosecutor to resolve the case favorably for the client with an amended charge of reckless driving. Additionally the attorney persuaded the prosecutor to dismiss all six companion civil citations saving the client nearly $1000.
The defendant was seen on Platt St., a one-way street, driving the wrong way. The defendant was stopped by the Tampa Police Department. Upon making contact with the defendant, the officer noticed an odor of alcoholic beverage, bloodshot and glassy eyes. The defendant was requested to perform field sobriety exercises, which she agreed. On the walk and turn test, multiple clues of impairment were exhibited such as the defendant not touching heel to toe, making an improper turn and using her arms for balance. On the One Leg Stand exercise, which had to be performed twice, she swayed and used her arms for balance. Due to the defendant’s performance on those exercises, she was arrested for DUI. Post-Miranda, the defendant admitted to consuming Bacardi and Coke cocktails. The defendnat originally refused to take a breath test, but when read the Implied Consent Law, she agreed. The results of the breath test were .106 and .096. The case was set for trial, but before trial the State Attorney’s Office dropped the DUI charge.
The Defendant was pulled over for going 70 MPH in a marked 40 MPH zone. The Defendant was weaving in and out of traffic in order to pass other vehicles, and he also went over the lane marker in the center lane. Upon coming into contact with the Defendant, the police officer noticed that his face was flush, his eyes bloodshot and his breath smelled of alcohol. He admitted to drinking a few beers at a strip club. When he got out of his vehicle, the Defendant was very unsteady on his feet. The Defendant was asked to perform roadside exercises. According to the officer, he performed poorly on all of the exercises. The police requested a breath test, and the Defendant refused. The attorney for the firm investigated the case thoroughly, and after numerous discussions with the state attorney, the DUI was dropped.
Police were called out to a residence after our client allegedly attempted to enter a home. When the police arrived, they found him passed out inside of his car. The officers discovered that he did not live at the address and the homeowner did not know who he was. The officers conducted a DUI investigation and our client requested that they simply take him to jail because he was too intoxicated. The lawyers at the firm were able to convince the prosecutors that they would not be able to prove that our client was actually driving or in control of the vehicle. At the day of trial, the prosecuting attorney dropped all DUI related charges.
Our client was arrested for DUI after running a red light. The client agreed to provide a breath sample and blew .152, almost double the legal limit. The lawyers at the firm successfully argued to transfer the client's case to Veteran's Court. Because the client served in the armed forces and successfully completed the Veteran's Court Treatment Program, all of his charges were dismissed.
The defendant was stopped for failing to use his turn signal as he made a right onto Oakland Park Boulevard. The defendant affected no other traffic when he turned. Thereafter, the officer discovered the defendant’s driver’s license was revoked as a habitual traffic offender and arrested the defendant on Felony charges. The Firm filed a Motion to Suppress the Unlawful Stop of the defendant’s vehicle that was granted. All charges were dropped by the State.
Defendant was stopped for driving recklessly and causing other drivers to take evasive action. After being arrested for Felony DUI, the defendant took the breath test and blew .184 & .178 and performed exercises on video. DUI charge dropped.
Our client had a lengthy criminal record which included prison time and was looking at another long sentence if convicted. Our client was the passenger in a vehicle which was exiting a congested commercial parking lot when his vehicle was struck by another vehicle. The mannerisms of the other vehicle's driver indicated that they were possibly impaired. The vehicle then attempted to speed off while our client's vehicle pursued. Our client's vehicle then cut the other vehicle off and our client, as well as the driver of the other vehicle exited their cars. Our client grabbed the keys from the other driver in an attempt to prevent him from fleeing. In the process, a fight ensued which resulted in the driver of the other vehicle being treated for facial fractures and lacerations. While receiving medical treatment, the alleged victim provided a blood test which indicated that he was twice above the legal limit for impairment. Our client was charged with felony battery. We deposed the attending medical personnel as well as the victim and a witness. We were able to gather contradicting statements from the witness and the alleged victim indicated his reluctance to participate in the prosecution of our client. After indicating the difficulties of the case to the State, they agreed to dismiss the case.
The client was driving her vehicle on Alico road and, while adjusting the radio, she struck a vehicle which was stopped at a red light. The officer issued the client a citation for reckless driving. In the report, the officer indicated that the client was driving the speed limit and that the cause of the accident was due to her being distracted by the radio. We filed a motion to dismiss alleging that the State did not have the facts necessary to convict under the reckless driving statute.
In our argument we pointed out that the crime of Reckless Driving is defined under Section 316.192, Florida Statutes. Under the statute, Reckless Driving consists of two factual elements:
The defendant drove a motor vehicle, and
The defendant did so with a willful or wanton disregard for the safety of persons or property.
Determining whether behavior is reckless is a factual inquiry. In this case, all that we have is a rear end collision with no tire marks and a confession of playing with the radio which is most likely excluded from trial under the accident report privilege.
As indicated in the statute, neither carelessness nor ordinary negligence in the operation of a vehicle are sufficient to support a conviction for reckless driving. See State v. Lebron, 954 So. 2d 52 (Fla. 5th DCA 2007); D.E. v. State, 904 So. 2d 558 (Fla. 5th DCA 2005). The defendant’s actions must be knowing and purposeful, or carried out with a conscious and intentional indifference to consequences and while knowing that harm was likely to be done to persons or property. W.E.B. v. State, 553 So.2d 323, 325-26 (Fla. 1st DCA 1989). We presented the argument that the actions of the client were merely negligent and did not constitute a blatant disregard for the safety of others and therefore were not sufficient to satisfy a conviction. The State agreed and dismissed the case on 1/23 before the motion was heard.
