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Recent Court Victories
 
Click on links list item for related article:
1. Officer testifies to 17 indicators of impairment at trial: NOT GUILTY!
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Duval County Client was stopped for leaving the scene of an accident witnessed by the arresting officer. The arresting officer had the client perform field sobriety exercises in which he testified at trial the client performed poorly. Although, the officer testified that he observed 17 indicators of impairment during the exercises, effective cross-examination by the defense demonstrated what can only be characterized as gross exaggerations, mischaracterizations and outright lies by the officer. The Defense attacked every aspect of the arresting officer and breath test officer’s contact with the client and clearly persuaded the Jury to find the Defendant NOT GUILTY!
Gainesville Beach Defendant was arrested for his 4 th DUI after he crashed his car into a palm tree following a Super Bowl party at Hooters Restaurant. Upon the 90-day deadline for speedy trial, the Defense filed a battery of motions, including a motion for speedy trial requiring the court to place the case on the trial calendar immediately. The DUI charge was DISMISSED COMPLETELY!
Clay County Defendant was arrested after she rolled her car several times in a single car accident. The Defendant’s blood draw result was over .19 BAC. The defense subpoenaed the hospital nurse who drew the blood along with the State Trooper for testimony at the DMV hearing. Afterwards, the Defense filed a motion to suppress evidence (blood test results) as a result of the Trooper’s failure to follow collection procedures. After a hearing the court granted Defense motion. Effective Defense questioning of the officer at the DMV and suppression hearing as to the various indicators of impairment and blood collection procedures required the State to DISMISS the DUI charge completely! St. John’s County Defendant crashed his car into a sign in the median of A1A, resulting in front end damage and a flat tire. Defense filed various motions to suppress evidence as the officer did not appear at the scene until well after the defendant exited the vehicle and the “eye” witness could not identify the defendant as the actual driver. Although accident cases do not require the officer to see the Defendant “behind the wheel”, the DUI charge was still dismissed and the defendant was allowed to plead to a lesser charge and AVOID POINTS on his license. St. John’s County Defendant was stopped at a DUI Roadblock where she was detained and blew over a .10 on the breath test. Effective questioning at the DMV Hearing resulted in officers testifying that they could not determine when the Defendant disposed of her chewing gum. Defense filed a battery of motions to suppress evidence, including one to suppress the breath test as a result of the defendant chewing gum within the required 20-minute observation period prior to the breath test. The DUI charge was DISMISSED! St. John’s County Defendant was stopped at a DUI Roadblock after attending a nearby baseball game where he consumed beer. Effective questioning at the DMV Hearing permitted the Defense to file a detailed motion challenging the Constitutionality of the roadblock on several grounds including the Defendant’s privacy, illegal search and seizure, and due process. The DUI charge was dismissed and the defendant plead to a reckless driving whereby adjudication was withheld and NO POINTS WERE ASSESSED against his license. St. John’s County Defendant was stopped for speeding following a concert. Facing termination from employment if found guilty of DUI, the Defendant hired our firm to aggressively represent him! Although the arresting officer testified the defendant did poorly on field sobriety exercises, the Defense aggressively argued that the FSE’s were not accurately administered or evaluated by the arresting officer, and was ultimately able to persuade the state that they may lose the case at trial. Therefore, the State agreed to dismiss the DUI and allow the Defendant to plead to a reckless driving whereby adjudication was withheld and NO POINTS ASSESSED against his license. Bradford CountyDefendant was stopped at a DUI Roadblock, performed poorly on field sobriety exercises and blew over .15 on the breath test machine. Defense conducted detailed questioning of the officers involved in the roadblock, including the “point man” who was responsible for directing traffic into the roadblock area, after a thorough review of all law enforcement paperwork associated with the roadblock, the Defense filed a motion to suppress all evidence and challenged the constitutionality of the roadblock in its entirety. The state DISMISSED THE DUI COMPLETELY without the necessity of a hearing to avoid negative publicity. Bradford County Defendant was arrested for his 4 th DUI for various driving infractions. The arresting officer said he found various open containers of alcohol inside the vehicle and testified the Defendant did poorly on field sobriety exercises. After a thorough review, the defense filed a motion to suppress all evidence and testimony regarding the breath test challenging the lawfulness of the breath testing procedure. The State dismissed the DUI and the Defendant AVOIDS A LIFETIME DRIVER’S LICENSE SUSPENSION! Duval County Defendant was arrested following a two car crash with minor injuries. The Defendant’s blood alcohol level was over .26, however, the Defense subpoenaed the hospital nurse and arresting officer to testify at the DMV hearing which proved critical. The defense subsequently filed a motion to suppress the blood draw for the failure of the officer to advise the defendant of his right to refuse the blood test and because the test was not freely and voluntarily given by the defendant. Following the hearing, but prior to the Court’s ruling, the State DISMISSED THE DUI and the defendant was able to AVOID A 5 YEAR LICENSE SUSPENSION!
Clay County Defendant was arrested for DUI after performing poorly on field sobriety exercises and having a breath test over .15. Defense filed a motion to suppress evidence and the State dismissed the DUI and allowed the defendant to plead to a lesser charge whereby NO POINTES WERE ASSESSED on her driving record.
Clay County Defendant was arrested after a citizen called 911 and followed defendant to a convenience store. The witness was on scene when the officers found the defendant behind the wheel of the vehicle and arrested him. Although defendant was found inside the vehicle, the defense still filed a motion to suppress the evidence of the defendant’s driving pattern, field sobriety exercises and breath test results because the two officers never documented (and could not remember) where the keys to the vehicle were located. Therefore, the State could not prove the defendant had the capability to operate the automobile once the police arrived. The DUI was dismissed and the defendant was allowed to plea to a lesser charge.
Clay County Defendant was arrested after being seen by officer leaving local bar. On Highway 17, in Orange Park, the Defendant performed field sobriety exercises but refused the breath test. Defendant hired our firm when his other attorney could not get the DUI reduced, but wanted more money to take the case to trial. We looked at all the evidence, provided the state with mitigation (health problems, lack of criminal record, etc.) and clearly set forth the problems they were going to force at trial. The State agreed with our argument and decided NOT to take the case to trial. Defendant plead to a lesser charge and avoided a DUI conviction.
Baker County Defendant was arrested after a traffic crash, performed poorly on field sobriety exercises and his breath test was over twice the legal limit (.16) At the DMV Hearing the defense was able to show that the breath test operator failed to comply with the 20-minute observation period. Defense filed a motion to suppress the breath test results and the State agreed to dismiss the DUI and allow the Defendant to plea to a reckless driving thereby avoiding a second DUI conviction and a five year license suspension.
Alachua County Defendant was arrested after a single car crash left his vehicle in a muddy ditch. When the Trooper finally arrived about one hour later, he found a partially consumed 12-pack of Budweiser in the front seat. When questioned under oath by the Defense he admitted that he didn’t know when the defendant purchased or consumed the alcohol, whether the defendant was impaired when he was driving, or whether the Defendant was truly the driver. Defense filed motion to suppress evidence and the State dismissed the DUI!
Clay County Defendant was stopped for failure to maintain a single lane and subsequently arrested for DUI after performing poorly on field sobriety exercises. Furthermore, the Defendant failed the breath test by blowing well over the legal limit. At the DMV hearing, the Defense vigorously questioned the Arresting Officer regarding his observations of the Defendant’s driving pattern. The officer admits that he only observed the Defendant’s tires touch the lane marker several times rather than seeing the vehicle actually leave the lane. The State dismissed the DUI and allowed the Defendant to plead to a lesser charge with no points on his driver’s record.
Clay County Defendant was arrested for serious bodily injury DUI following a traffic crash. Defense raised viable defense as to who was actually driving the vehicle at the time of the crash. State dropped the serious felony charge to a misdemeanor, allowing the Defendant to avoid becoming a convicted felon and further avoid serving any jail or possible prison time.
Duval County Defendant was arrested following a single car accident, however, she was found outside of her vehicle when police arrived. Although the accident exception does not require the police to find her behind the wheel, the Defense successfully argued to the State that someone else could have been driving. Although she performed poorly on field sobriety exercises and failed a urinalysis test, the Defendant’s DUI was dismissed and she was able to plead to a lesser charge and keep her license with no points assessed.
Alachua County Defendant was involved in a single car crash on a dark winding country road which resulted in injuries. When Officer’s arrived, there were several people at the scene and the officer did not find anyone behind the wheel. Defendant made admissions about driving during the officer’s accident investigation because Florida Law requires driver’s involved in auto accidents to answer the investigating officer’s questions. Since Florida Law compels a person to answer questions in an accident investigation and does not give you the right to a lawyer at that time, any statements you make during an accident investigation cannot be used against you in a criminal proceeding – it’s called the “accident report privilege” or “exception.” The Defendant performed poorly on field sobriety exercises and was arrested. The Defense successfully argued that the FSE’s were inaccurate and that the Defendant may not have been driving the car at all, even though he had admitted to it during the accident investigation. DUI DISMISSED and defendant allowed to plea to lesser charge and save his job!
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