Driving Under the Influence
Client was involved in a traffic crash. The State Attorney issued a subpoena
for her medical records and discovered that her blood alcohol level was
above 0.08. The State Attorney then charged our client with DUI. In our
review of the case, we discovered that the Highway Patrol had filed a
DUI citation and issued it to our many months before the State charged
our client with the DUI. We were able to file a motion to dismiss the
case based on the fact that our client’s right to a speedy trial
was violated. The State Attorney agreed that our motion was valid and
all charges were dropped.
All Charges Dropped
Client was arrested for DUI after being involved in a traffic crash where
the boat he was towing was thrown off the trailer. When officers arrived
at the scene, they found multiple beer cans around the boat. Officer’s
claimed that our client exhibited multiple signs of impairment. Our client
was arrested and refused to take a breath test. We were able to argue
to the State Attorney that our client’s faculties were not impaired
by alcohol, but were impaired by the fact that he had been involved in
a traffic crash. The State Attorney’s Office the agreed to drop
the DUI charge to reckless driving.
Client arrested and a second DUI within five years. Client was facing mandatory
jail and a five year driver's license suspension. Client was stopped
for weaving and almost striking construction barrels. Officer had client
submit to field sobriety exercises and claimed that our client failed
all exercises. Our office requested all discovery and witnesses from the
State Attorney and found that the State had a problem with a witness that
our office was aware of from a prior case. Based on this witness problem
the State agreed to drop the DUI to reckless driving even though our client
had a prior conviction.
Dropped DUI to Reckless Driving
Client stopped for DUI after officer observed client weaving. Client attempted
to take field sobriety exercises but had medical issues that cause him
concern that he could not complete the exercises. Client was then arrested
for DUI and submitted to a breath test with results of 0.106 & 0.108.
Client's work involved a security clearance that was placed in jeopardy
if he received a DUI conviction. We provided the State Attorney with medical
records showing why he was unable to perform the field sobriety exercises.
The State Attorney agreed to drop the DUI to reckless driving and our
client did not receive a driver's license suspension and was able
to keep his security clearance.
Dropped the DUI to reckless driving
Our client was his second DUI after being found sleeping in his vehicle
on the side of the road. Officers noticed the odor of alcohol on his breath
and chose to perform field sobriety tests. Our client was arrested for
a DUI; he refused the breath test. Our firm took on the case and found
two things incorrect with the investigation of the officers: they never
read our client his Miranda rights and incorrectly read the implied consent
warning. We promptly filed a motion to suppress statements made after
these critical errors, including the refusal of the breath test. After
reviewing our motion, the Office of the State Attorney dropped the DUI
case to reckless driving charges, which allowed our client to avoid a
Dropped the DUI case to reckless driving
Client was pulled over after police officer saw him driving down the wrong
way on a one-way street and for having expired tags on his vehicle. During
the traffic stop, the officer stated that our client's breath smelled
of alcohol and was showing symptoms of impairment. Due to this, our client
was asked to perform field sobriety tests, which he allegedly failed.
He was then taken to jail where the breath test showed a blood alcohol
level (BAL) of 0.026—well below the legal limit. Claiming that our
client was impaired by drugs, the police officers ordered a urine sample
and charged him with a DUI. The client quickly retained our firm; we requested
the results of the urine test, which clearly showed that our client had
not been using any drugs. We told the State that they had no basis for
the charges, which were then dropped.
After our client was pulled over for weaving and speeding, an officer stated
that our client's breath smelled like alcohol. Our client was then
asked to perform field sobriety tests; he allegedly failed, which was
caught on video. After the performance, our client was arrested for DUI.
Once we had been retained, we reached out to the State Attorney demanding
discovery. While they produced the video of the field sobriety tests,
they could not provide our firm with police reports. Since the State could
not produce the required documents, they dropped DUI charges to reckless driving.
Dropped DUI charges to reckless driving
DUI and Obstructing or Opposing an Officer
Client was pulled over when an officer believed that she was drunk driving.
While investigating our client, the officer claimed that our client was
incorporative, unsteady on her feet, and strongly smelled of alcohol.
The officer also stated that our client made incriminating statements
about drinking. Despite this evidence, we took on the case and were able
to prove that the State's case had several problems. We pointed out
these errors to the state and they dropped the charges related to obstruction
and reduced the DUI charges to reckless driving—allowing our client
to walk away with no criminal conviction.
No criminal conviction
Second DUI and Driving While License Suspended
After failing a field sobriety test, our client was arrested for drunk
driving; the client then provided a breath sample of 0.131. As is our
usual conduct, we asked to see all breath test records; while reviewing
these records, we realized that the State was going to have difficulty
producing necessary witnesses. We discussed this problem with the Office
of the State Attorney, and they reduced the second DUI to reckless driving
with no driver's license suspension for our client.
Reduced the second DUI to reckless driving
Defendant was stopped in Land O' Lakes, Florida in Pasco County for
violation of several traffic laws. The officer alleged that our client
showed several clues of impairment that required the officer to conduct
a DUI investigation. After the officer conducted field sobriety exercises
our client was arrested for DUI. During the officers search of the vehicle
he found evidence of drug uses and claimed our client admitted to drug
use. The officer requested that our client take a urine test and he refused.
After reviewing the evidence in the case we filed a motion to suppress
all statement by our client as the office failed to read our client his
Miranda rights. We also moved to suppress all evidence of drug paraphernalia
as the State could not show it was used on the night in question. After
the State reviewed our motion they offered to drop the DUI charge to reckless driving.
Dropped DUI to reckless driving