Epstein & Robbins
Jacksonville, Florida, DUI Defense Lawyers
Drunken Driving Defense: Significant Cases
Drivers in and nearby Jacksonville, Florida, often turn to the DUI defense law firm of Epstein & Robbins for sound legal counsel and representation following a drunk driving arrest. Review sample cases handled by the firm, detailed below. To schedule a consultation with an experienced Florida drunk driving lawyer, contact us through this Web site or by phone at 904-354-5645.
Our successful appeals have helped put us on the cutting edge of DUI criminal defense. Below are also samples of our successful appeals, both in criminal and driver's license cases
Supreme Court Rulings
FLORIDA SUPREME COURT PERSUADED THAT DRIVER’S LICENSES MAY NOT BE SUSPENDED UNLESS IT IS PROVEN THAT LAW ENFORCEMENT MADE A LAWFUL DUI ARREST. Duval County client had his driver’s license suspended after he was arrested for DUI. Under Florida’s Implied Consent Law, every driver in the State of Florida is presumed to have agreed to take a breath, blood, or urine test if they are lawfully arrested for DUI. If the results of a test show an alcohol level of .08 or above, the driver's license will be suspended for 6 months or a year. If the driver refuses to take any test, their license will be suspended for a minimum of 12 months to a maximum of 18 months. During an administrative hearing, the Department of Highway Safety and Motor Vehicles (DHSMV) took the position that a person’s license could be suspended even though it was not proven that our client was lawfully arrested. Refusing to simply submit to the DHSMV’s position, we challenged this position all the way to the Florida Supreme Court. The Florida Supreme Court, agreed with us and ruled that a driver's license cannot be suspended if the driver was unlawfully stopped or arrested. Due to the successful efforts of the Defense, not only was the DHSMV forced to rescind their license suspension of our client, but ALL Florida drivers benefit from the resulting Due Process guarantee that only allows license suspensions when there is a lawful stop and arrest.
Criminal Case Successes
PERSISTENT INVESTIGATIVE EFFORTS LEAD TO A REDUCTION OF FELONY DUI CHARGES TO A MISDEMEANOR TRAFFIC OFFENSE AND NO CRIMINAL CONVICTION. 2011 Duval County client was involved in a traffic accident involving another vehicle. The driver of the other vehicle sustained serious injuries as a result. Witnesses arrived on scene shortly after the crash and saw that our client’s vehicle was on fire. The police reported that these witnesses viewed our client climbing out of his vehicle as well. Our client told police that he had been drinking prior to the accident, and the police reported our client displayed physical indicators of alcohol impairment. Our client submitted to a blood test which revealed a blood alcohol content of 0.140, 0.141. Our client was charged with DUI Causing Serious Bodily Injury, a felony. During our investigation of the case, we discovered witnesses to the crash whose accounts were in conflict with the accounts of the investigating officers. We also discovered that the police ordered witnesses to delete pictures they had taken at the scene. We also discovered gaps in the police investigation of the crash. Based on these gaps and inconsistencies, the State was forced to dismiss the Felony DUI charges and proceed on a lesser, misdemeanor traffic offense of reckless driving. Our client received a withhold of adjudication, meaning that he was not convicted criminally, and had no points assessed to his driver’s license.
DISCOVERY OF OFFICER’S INCONSISTENT STATEMENTS LEADS TO REDUCTION OF CHARGES AND NO CRIMINAL CONVICTION FOR CLIENT WITH PRIOR DUI RECORD. 2011 Duval County client was stopped by police for speeding. The officer reported that our client admitted to coming from a night club and drinking alcohol. The officer further reported that our client almost fell attempting to do the field sobriety tests and refused a breath test after arrest. Our client then refused to provide a breath test. The State of Florida charged our client with DUI, and he faced enhanced DUI penalties if convicted because he had been convicted of DUI before. After receiving the case, we questioned and deposed the arresting officer regarding his investigation. Through this process, we discovered that the officer’s memory of what happened was unreliable. As a result of what the we were able to show at a pre-trial hearing regarding the officer’s memory, the State dismissed the DUI charge. Our client pled to a lesser traffic offense of reckless driving, received a withhold of adjudication, and no points were assessed to his license.
DISCOVERY OF IMPROPER POLICE PROCEDURE ENDS WITH NO CRIMINAL CONVICTION. 2011 Nassau County client was arrested for DUI after he was found passed out in his parked car with his vehicle running. After receiving all of the police reports, reviewing the video, and questioning the officer at a pre-trial hearing, we discovered that the police illegally requested our client to do field sobriety exercises. As a result, the DUI charge was dismissed and our client was allowed to plead to a lesser traffic offense of reckless driving. He received a withhold of adjudication and no points were assessed on his license.
CLIENT FOUND NOT GUILTY OF DUI CHARGES AT TRIAL. 2011 Duval County client was pulled over by police for littering and weaving out of her lane. The officer reported that our client exhibited signs of alcohol impairment and performed poorly on the field sobriety tests, including having difficulty reciting the alphabet from “A” to “Z.” The officer’s complete investigation was captured on video. After arrest, our client refused to provide a breath sample. We challenged the DUI charges in front of a jury at trial. After presenting our defense, the jury found our client NOT GUILTY.
BOATING UNDER THE INFLUENCE CHARGES DROPPED DUE TO DEFENSE DISCOVERY OF IMPROPER CHARGING PROCEDURE BY THE STATE. 2011 St. Johns County client was driving his boat and was stopped by the Florida Wildlife Commission for operating his boat without navigational lights. Our client was taken aboard the patrol vessel to perform field sobriety tests. He was then taken ashore where more field sobriety tests were conducted. The officer reported that our client exhibited multiple signs of impairment. Our client was also found to be in possession of Xanax and Aderol. We discovered that the State of Florida improperly charged our client. As a result, we filed a pre-trial motion and the State of Florida was forced to drop all charges against our client.
SUCCESSFUL NEGOTIATIONS LED TO THE REDUCTION OF CHARGES AND NO CRIMINAL CONVICTION. 2011 Duval County client was arrested for DUI after being pulled over by the police for speeding down J. Turner Butler Boulevard. The officer conducted a DUI investigation, including the administration of field sobriety exercises. Our client then provided two breath samples over the legal limit. After receiving the case, the Defense met with the State and negotiated a reduction of charges based upon our client’s life situation and the consequences our client would suffer if convicted. Based upon these negotiations, we were able to convince the State of Florida to dismiss our client’s DUI charge and reduce it to a lesser traffic offense. Our client had his adjudication withheld and no points were assessed to his license.
SUCCESSFUL NEGOTIATIONS LEAD TO DUI CHARGES BEING REDUCED. 2010 Alachua County client was charged with DUI after being stopped for speeding on the University of Florida campus. The investigating officer believed that our client had failed the roadside field sobriety tests and decided to arrest our client as a result. Our client then submitted to a breath test and provided breath samples over the legal limit. Due to our successful negotiations with the State, they were convinced to dismiss the DUI charges, and our client pled to a lesser traffic offense of reckless driving.
SUCCESSFUL APPEAL LEADS TO DUI CHARGES BEING DROPPED. 2010 Duval County client was arrested and charged with DUI after being involved in a traffic crash. We filed a pre-trial motion challenging the validity of the investigation and arrest. At the hearing, the State failed to prove that our client was driving. Nevertheless, the trial court denied our motion. We appealed our client’s case to the Circuit Court who affirmed the trial court’s decision. Because we were insistent that the previous rulings were incorrect, we appealed the case to a higher court, the First District Court of Appeal. The District Court of Appeal agreed that the lower courts should have granted our pre-trial motion. As a result, the State’s evidence was going to be thrown out, causing the State of Florida to drop all charges against our client.
SUCCESSFUL APPEAL LEADS TO DUI CHARGES BEING DROPPED. Duval County client was charged with DUI after the police found our client parked in a parking lot of a closed business at 2:00 a.m.. Officers walked up to our client and attempted to talk with him, but our client refused to respond because he was talking to other people at the time. The officer insisted that our client respond, and, based on subsequent observations, the officer arrested our client for DUI. On appeal, the Circuit Court agreed with our legal argument and found that the police had no legal authority to force our client to speak with them. As a result of our successful appeal, the State was forced to drop all charges against our client.
CLIENT’S PLEA TO DUI SUCCESSFULLY OVERTURNED LEADING TO A REDUCTION OF DUI CHARGES TO A LESSER TRAFFIC OFFENSE. 2009 Duval County client was observed by an officer in the parking lot of a closed business. As our client attempted to drive away, the officer stopped him. After doing so, the officer noticed that our client had thrown up near where he had been previously parked. The officer further noticed an open bottle of alcohol in a brown paper bag on the floorboard. The officer decided to conduct a DUI investigation, which included our client performing roadside sobriety tests. Based on our client’s difficulty in performing those tests, he was arrested for DUI. Our client then provided two breath samples over the legal limit: 0.139; 0.138. After arrest, our client pled to the DUI charges at his first appearance hearing. The client then sought legal advice concerning this matter to which he had previously pled. Not only were we successful in getting our client’s case reopened, but we were able to convince the State to dismiss the DUI charges and proceeded on a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning our client was not a convicted criminal over the incident, our client’s license was not suspended, and no points were assessed to his driver’s license.
SUCCESSFUL NEGOTIATIONS LEAD TO THE REDUCTION OF CHARGES AND NO CRIMINAL CONVICTION. 2011 Duval County client was involved in a traffic accident. A civilian witness observed the crash and followed our client as he left the scene. Our client was observed running red lights and eventually driving off the road and spinning out in a median near the Jacksonville International Airport. The police arrived and initiated a DUI investigation. Our client then performed poorly on roadside field sobriety tests and was arrested for DUI. Because the police suspected that our client was impaired by controlled substances, a urine sample was obtained. Our client was then charged with DUI. After receiving the case, the Defense met with the State and successfully negotiated a reduction of charges. Based upon the information we provided, we were able to convince the State of Florida to dismiss our client’s DUI charge and reduce it to a lesser traffic offense. Our client had his adjudication withheld and no points were assessed to his license.
DISCOVERY OF ILLEGAL POLICE CONDUCT LEADS TO DUI CHARGES BEING REDUCED. Duval County client was arrested for DUI and received a citation for Failure to Maintain a Single Lane. After reviewing the State’s evidence, we learned that our client’s Constitutional rights were violated because the police had illegally coerced her to perform field sobriety tests. We filed a pre-trial motion and were able to convince the judge of the illegality of the police conduct, resulting in much of the State’s evidence being thrown out. As a result, the State was forced to dismiss our client’s DUI charges and proceed on a lesser traffic offense of reckless driving. Our client’s adjudication was withheld, meaning that she was not criminally convicted of any crime and no points were assessed to her driver’s license.
JURY FOUND OUR CLIENT NOT GUILTY OF DUI AT TRIAL. Duval County client was arrested for battery on a law enforcement officer and DUI. The officer alleged that our client was driving 104 mph in a 45 mph zone, had slurred speech, bloodshot eyes, staggered as he walked and was unresponsive to questions. The officer further alleged our client refused to perform field sobriety tests and kicked the officer, causing minor injuries to his leg. After arrest, our client refused to provide a breath sample. We challenged the State of Florida’s charges at trial and a jury found our client NOT GUILTY of DUI. Our client then received a withhold of adjudication on a charge of resisting an officer without violence and, thus, was not a convicted criminal over this incident.
CLIENT’S PLEA TO DUI SUCCESSFULLY OVERTURNED LEADING TO A REDUCTION OF DUI CHARGES TO A LESSER TRAFFIC OFFENSE. 2011 Duval County client was pulled over by police for speeding. The officer conducted a DUI investigation and had our client perform roadside sobriety tests. Our client had difficulty performing the tests and was arrested for DUI. Our client then submitted to a breath test and provided breath samples over the legal limit. After arrest, our client pled to the DUI charges at her first appearance hearing. After being released from jail, our client sought after us for legal advice. Not only were we successful in getting our client’s case re-opened, but we were able to convince the State to dismiss the DUI charges and our client pled to a lesser traffic offense of reckless driving.
DISCOVERY OF IMPROPER REQUEST FOR CHEMICAL TEST RESULTS IN A REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION. Duval County client was involved in a one car traffic crash. When officers arrived they observed signs of possible drug impairment. Our client told the police of medications he had taken prior to driving and the police decided to arrest our client for DUI. A breath test revealed no alcohol in our client’s system and our client refused to provide a urine test. His license was suspended and he was charged with DUI. The Defense challenged the Department of Motor Vehicle’s suspension of our client’s driving privileges and successfully convinced the DHSMV to invalidate their own suspension. Furthermore, the Defense argued that the State had no legal right to ask for a urine sample. This argument convinced the State to dismiss the DUI charges and allow our client to receive a withhold of adjudication to a lesser traffic offense of reckless driving. As a result, our client was not a convicted criminal over this incident and no points were assessed on our client’s driver’s license.
SUCCESSFUL DEFENSE APPEAL LEADS TO DUI CHARGES BEING DROPPED. 2011 Duval County client was arrested and charged with DUI. Upon examining the State’s evidence, we determined that our client had been illegally stopped by a police officer who was outside his jurisdiction. We filed a pre-trial motion to challenge the legality of the traffic stop. At the hearing, the trial court denied the motion based upon inadmissible evidence. The case was appealed to the Circuit Court and, ultimately, the District Court of Appeal. The District Court of Appeal agreed with our argument and ruled that the actions of the lower courts were not proper. As a result of our successful appeal, the State was forced to drop all charges against our client.
CLIENT’S PLEA TO DUI SUCCESSFULLY OVERTURNED LEADING TO A REDUCTION OF DUI CHARGES TO A LESSER TRAFFIC OFFENSE. 2011 Duval County client was pulled over by police because he was driving at night without his headlights on. After a DUI investigation was conducted, our client was arrested for DUI. Our client then submitted to a breath test and provided two breath samples over the legal limit: 0.10; 0.11. Our client pled to the charges of DUI at his first appearance hearing. After his release from jail, he sought legal advice. Not only were we successful in getting our client’s case re-opened, but we were able to convince the State to dismiss the DUI charges and our client pled to a lesser traffic offense of reckless driving. Our client received a withhold of adjudication on the reduced charge, meaning that he was not convicted of a crime and had no points assessed to his driver’s license.
CLIENT CHARGED WITH SECOND DUI IN A FIVE (5) YEAR PERIOD AVOIDS CRIMINAL CONVICTION. 2009 Duval County client was pulled over for racing. The police allegedly observed possible signs of impairment on our client both at roadside and also during his performance of field sobriety tests. After arrest, our client refused to provide a breath sample. The State of Florida charged our client with DUI. Conviction of a DUI for this client would have forced him to face criminal penalty enhancements for a second DUI within a five (5) year period that included a mandatory jail sentence, a minimum five (5) year driver’s license suspension, and a requirement to put an ignition interlock device on all cars our client drove for at least one year. After examining the State’s evidence, we identified illegal police conduct. As a result, we filed multiple pre-trial motions which resulted in our client’s performance on the field sobriety tests and incriminating statements he made during the investigation to be thrown out. As a result of our successful motions, the DUI charges were dismissed, and reduced to a lesser traffic offense of reckless driving. Our client received a withhold of adjudication and, therefore, was not a convicted criminal over this incident and had no points assessed to his driver’s license.
SUCCESSFUL PRE-TRIAL MOTION LEADS TO DUI CHARGES BEING DROPPED. Duval County client was found by police after she ran out of gas in the middle of a median. The police officer reported that she was suspicious of our client’s condition and conducted a DUI investigation, resulting in our client’s arrest and being charged with a DUI. After examining the State’s evidence, it became clear that the officer had no legal basis for beginning a DUI investigation. A hearing was held on this issue after we filed a pre-trial motion. On appeal, we were successful in convincing the Court to agree with our argument. As a result of the successful appeal, the State was forced to drop all charges against our client.
SUCCESSFUL PRE-TRIAL MOTION LEADS TO FELONY DUI CHARGES BEING DISMISSED. 2009 Duval County client was pulled over by Florida Highway Patrol after our client was observed swerving in and out of her lane and almost colliding with another vehicle. The trooper initiated a DUI investigation on our client. Because the trooper believed that our client performed poorly on roadside field sobriety tests, our client was arrested for DUI. Our client then refused to provide a breath sample. As a result, our client was charged by the State of Florida with DUI and Criminal Refusal of a Breath Test. Because our client had two previous DUI’s on his record, the State decided to enhance our client’s misdemeanor DUI charge to a Felony DUI. We discovered that the manner in which the State charged our client was illegal and filed a pre-trial motion to dismiss all charges. The Circuit Court judge agreed with our motion and granted it, causing our client’s charges to be dismissed entirely.
DISCOVERY OF FLAW IN THE STATE’S EVIDENCE LEADS TO REDUCTION OF DUI CHARGES DESPITE BREATH SAMPLES OVER THE LEGAL LIMIT. Duval County client was involved in a traffic crash. When the police arrived, the client was outside of the overturned vehicle. The police noticed multiple signs of alcohol impairment on our client both at roadside and during field sobriety tests. Our client then submitted to a breath test, providing two samples almost twice the legal limit: .158 and .155. The State of Florida charged our client with DUI Causing Damage. After carefully examining the State’s evidence we were able to successfully raise doubt about the State’s ability to prove our client was driving the vehicle in question. Based upon this issue we uncovered, the State agreed to dismiss the DUI With Damage charge and allow our client to plead to a lesser traffic offense of reckless driving.
UNCONSTITUTIONAL TRAFFIC STOP ALLOWS CLIENT OVER TWICE THE LEGAL LIMIT TO HAVE DUI CHARGES DROPPED. Duval County client was stopped for traffic infractions, and a police officer saw that our client had an open bottle of alcohol in the console of the car. Based upon the officer’s observations of what he believed to be alcohol impairment both at roadside and during field sobriety tests, our client was arrested. Our client then provided two breath samples over double the legal limit: .170 and .162. The Defense studied the officer’s reasons for performing a traffic stop on our client, and it was revealed that the basis for the traffic stop was not legal. The Defense filed a pre-trial motion and the Judge agreed that the officer should not have stopped our client. As a result, the State’s evidence was thrown out and they were forced to drop all charges against our client.
DEFENSE DISCOVERY OF ILLEGAL REQUEST FOR BLOOD RESULTS IN DROPPED DUI CHARGES. Duval County client was involved in a traffic accident after running a red light. When officers arrived, the police smelled the odor of alcohol on our client's breath and requested he provide a blood sample. After examining the State’s evidence, we discovered that the police did not follow proper procedure in obtaining a blood sample from our client. As a result, we filed a pre-trial motion, and the Judge agreed to throw out the blood test results. As a result of our successful motion, the State of Florida was forced to drop the DUI charges against our client.
INVESTIGATION OF ARRESTING OFFICER LEADS TO DUI CONVICTION BEING AVOIDED. 2011 Duval County client was seen by an officer weaving in his vehicle across traffic lines. The officer also saw our client straddle traffic lanes with his vehicle. After being pulled over, our client was not able to produce his driver’s license. Our client admitted to drinking alcohol prior to driving and had difficulty performing field sobriety tests. On the alphabet exercise, our client recited several letters in the wrong order. He was arrested and refused to provide a breath sample. The Defendant was charged with DUI and Criminal Refusal of a breath test. Despite the officer documenting this evidence in his police reports, we successfully raised doubt as to the officer’s credibility. As a result, the State agreed to dismiss the DUI charge and allow our client to plead to a lesser traffic offense of reckless driving.
WEAKNESSES FOUND IN THE STATE’S CASE LEADS TO DUI CHARGE REDUCTION. 2011 Duval County client was pulled over by police for driving 20 miles per hour over the speed limit while straddling the center line in the road and running a stop sign. After the officer activated his lights, our client ran another stop sign. The arresting officer reported that he saw several indicators of alcohol impairment on our client. Our client was ultimately arrested after refusing to perform field sobriety tests. Our client then refused to provide a breath sample. Upon receipt of our client’s case, we learned of evidence contradicting the reported observations of the arresting officer. As a result, the State agreed to dismiss the DUI charge and allow our client to plead to a lesser traffic offense of reckless driving.
INVESTIGATION LEADS TO DISMISSAL OF DUI CHARGE AND AVOIDANCE OF A CRIMINAL CONVICTION. 2011 Duval County client was pulled over for speeding. After being pulled over, a Florida Highway Patrol Trooper noticed several indicators of alcohol impairment on our client. The trooper further reported that our client admitted to drinking six (6) beers prior to driving. The trooper further reported that the field sobriety exercises were not fully administered because our client had difficulty following instructions and ultimately refused to cooperate. The client was arrested, whereupon she refused to provide a breath sample. Upon receipt of our client’s case, we discovered the existence of a witness that could attest to errors made in the trooper’s investigation and that could contradict the trooper’s assertions of our client’s sobriety. As a result of this discovery, the State of Florida was forced to dismiss the DUI charge, and our client was able to plea to a lesser traffic offense of reckless driving, receiving no criminal conviction. Our client’s license was not suspended and no points were assessed to our client’s license.
MITIGATION PRESENTED TO STATE LEADS TO REDUCTION OF CHARGES AND NO CRIMINAL CONVICTION. 2011 Nassau County client was pulled over by police after they were called out to a domestic battery in progress. When the police arrived at the home, they learned that our client had driven off. The police caught up with our client and pulled him over. After doing so, the officer noticed several indicators of alcohol impairment. Our client then had difficulty attempting to perform the field sobriety tests. After our client was arrested, he provided two breath samples over the legal limit. His results were 0.104 and 0.106. After receiving the case, we gathered information regarding our client and presented it to the State of Florida. Based on the information we gave to the State, we were able to convince them to dismiss our client’s DUI charge and allow him to plead to a lesser traffic offense of reckless driving.
DISCOVERY OF ILLEGAL POLICE PROCEDURE LEADS TO DUI CHARGES BEING REDUCED. 2011 Nassau County client was pulled over by police for speeding at 73 m.p.h. in a 45 m.p.h. zone. The officer then noticed multiple indicators of alcohol impairment from our client. Our client had difficulty performing the exercises and further made admissions of drinking alcohol prior to driving. After his arrest, our client submitted to a breath test which yielded results of 0.18, 0.20, and 0.17, all over double the legal limit. Our investigation of the State’s evidence revealed a mistake in police procedure made in their administration of the breath samples. As a result of our discovery, the State agreed to dismiss the DUI charge and reduce it to a lesser traffic offense of reckless driving.
INVESTIGATION REVEALS INFORMATION LEADING TO REDUCTION OF CHARGES. 2011 Nassau County client was pulled over by police after they observed him driving on the wrong side of the road, weaving in his lane, and speeding. After our client was pulled over, the officer reported multiple signs of alcohol impairment on our client. Our client also reportedly displayed multiple signs of impairment on the field sobriety tests. After arrest, our client reportedly displayed mood swings before ultimately refusing to provide a breath test. Upon careful examination of the State’s evidence, we discovered that the police improperly questioned our client after he invoked his Constitutional Rights. As a result, we filed pre-trial motions resulting in the illegally-obtained statements being thrown out. We also discovered inconsistencies in the alleged observations of the arresting officer regarding our client’s sobriety. As a result, our client had his DUI charges successfully dismissed and reduced to a lesser traffic offense of reckless driving.
INVESTIGATION OF ARRESTING OFFICER LEADS TO DUI CONVICTION BEING AVOIDED. 2011 Duval County client was stopped by police after driving on the wrong side of the road and failing to wear a seatbelt. The officer reported that our client displayed multiple indicators of alcohol impairment at roadside and during the field sobriety tests. After arrest, our client refused a breath test. After a review of the State’s evidence, we challenged the reliability of what was written in the police reports. Through our investigation, we were successfully able to raise doubt as to the credibility of the arresting officer. As a result, the State agreed to dismiss the DUI charge and allow our client to plead to a lesser traffic offense. Our client received a withhold of adjudication, and no points were assessed against her license.
SUCCESSFUL PRE-TRIAL MOTIONS LEAD TO REDUCTION OF CHARGES. 2011 Nassau County Client was arrested for DUI after being stopped by police for driving on the wrong side of the road and because he had difficulty doing the field sobriety tests. Our client then refused a breath test. After a careful examination of the State’s evidence, we discovered that the police improperly questioned our client after he invoked his right to an attorney. As a result, we filed a pre-trial motion. The trial court agreed with the our argument and threw out all illegally-obtained statements. Because of our successful pre-trial motions, our client had his DUI charges dismissed and reduced to a lesser traffic offense of reckless driving.
SUCCESSFUL PRE-TRIAL MOTION LEADS TO DUI CHARGES BEING DROPPED. 2008 Duval County client was arrested and charged with DUI. The Defense examined the State’s evidence and learned that the police illegally detained our client in conducting their DUI investigation. We challenged the legality of the DUI investigation after we discovered from the State’s evidence that the officer conducted the investigation outside of his legal jurisdiction. We filed a pre-trial motion and convinced the judge that the police improperly investigated our client. As a result, the bulk of the State’s evidence was thrown out. The State of Florida appealed the judge’s decision, but the Defense successfully defended the ruling of the judge. As a result, the State was forced to drop the DUI charges against our client.
INVESTIGATION OF ARRESTING OFFICER LEADS TO DUI CONVICTION BEING AVOIDED. 2011 Duval County client was pulled over by police for allegedly weaving in his lane. The officer reported that our client admitted to drinking 8 beers before driving and that he performed poorly on field sobriety tests. Our client was arrested for DUI and, thereafter, refused to provide a breath test. After a review of the State’s evidence, we challenged the reliability of what was written in the police reports. Through our investigation, we were successfully able to raise doubt as to the credibility of the arresting officer. As a result, the State agreed to dismiss the DUI charge and allow our client to plead to a lesser traffic offense. Our client received a withhold of adjudication, and no points were assessed against his license.
PRE-TRIAL MOTION LEADS TO DISMISSAL OF ALL CRIMINAL CHARGES. 2011 Duval County client lost control of his vehicle, driving through multiple yards, ultimately crashing head-on into a tree. Our client admitted to police that he had been drinking alcohol prior to driving. Our client then consented to a blood test and was found to be over the legal blood-alcohol limit. Our client was later arrested on an arrest warrant. After receipt of the case, we discovered that the State had improperly charged our client with DUI after the applicable statute of limitations had run. We, therefore, filed a pre-trial motion. The judge agreed with our argument and our client’s charges were dismissed.
SUCCESSFUL PRE-TRIAL MOTION LEADS TO CHARGES BEING DROPPED. 2010 Clay County client swerved to get out of the way of a stopped vehicle and hit a fire hydrant. Our client admitted he had been drinking mixed drinks at a bar prior to driving. Our client then had difficulty performing roadside sobriety tests and was placed under arrest for DUI. After arrest, our client provided two breath samples twice the legal limit: 0.167; 0.157. After examining the State’s evidence, we filed a pre-trial motion raising doubts as to whether the State could prove our client was driving at the time of the crash. We also raised questions regarding whether our client was illegally coerced into doing the field sobriety tests. A judge heard our motion and agreed to throw out the evidence that the police illegally obtained during their investigation. As a result, all charges against our client were dropped.
PRE-TRIAL INVESTIGATION LEADS TO A REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION. 2011 Duval County client was pulled over by police after they observed her drifting in and out of lanes and almost striking a vehicle down Atlantic Boulevard. The police also observed our client travel through a red light and come to a stop in the middle of an intersection. The police initiated a DUI investigation and our client admitted she had been drinking at a bar prior to driving. After performing poorly on roadside field sobriety tests, our client was arrested for DUI. Our client then submitted to a breath test which revealed two breath samples more than double the legal limit: 0.169; 0.173. After talking with the State’s witnesses, we discovered significant conflicts in multiple witness accounts of the traffic stop. Based on our discovery, we were able to convince the State of Florida to dismiss the DUI charges and proceed on a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning that she was not convicted criminally, and had no points assessed to her driver’s license.
SUCCESSFUL PRE-TRIAL INVESTIGATION LEADS TO REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION . 2011 Duval County client was pulled over by police because they believed he was driving erratically. Police initiated a DUI investigation and our client performed poorly on roadside field sobriety testing. Our client was arrested for DUI and thereafter submitted to a breath test. Our client provided two breath samples more than double the legal limit: 0.164; 0.166. Upon examining the State’s evidence, we field a pre-trial motion and successfully called into question the legality of the officer’s decision to pull our client over. As a result, the State of Florida was convinced to dismiss our client’s DUI charges and proceed on a lesser included traffic offense of reckless driving. Our client received a withhold of adjudication, meaning that he was not convicted criminally, and had no points assessed to his driver’s license.
Lawyers of Epstein & Robbins are ready to ensure that the spirit and the letter of Constitutional law is upheld and that your rights are not abused in your DUI defense case. Schedule a consultation with an experienced Florida drunk driving lawyer by email or by phone at 904-354-5645.