Epstein & Robbins

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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

Duval 2017 – Our client was involved in a single car crash where the Jacksonville Sheriff’s Office responded to investigate. Client was found near the scene and discussed with the officers his involvement in the crash, but did not admit to be the driver. Client refused to participate in the field sobriety exercises as he was claiming to not have driven the car. An investigation was conducted, where ultimately our client was arrested for DUI. Our client also refused to provide a breath test. We were able to file a motion with the court in an attempt to limit the State’s evidence. In preparation for the hearing, negotiations resulted in the State dropping the DUI charge and reducing it to a Reckless Driving, along with some probationary conditions.

Clay 2017 - Our client was stopped by the Clay County Sheriff’s Department for driving erratically. Upon being stopped, our client admitted to drinking several alcoholic beverages and displayed signs of alcohol consumption. Client participated in field sobriety exercises and further demonstrated signs of impairment and was later arrested for DUI. Our client then provided a breath test in excess of the legal limit. During the search of our client, illicit narcotics were also discovered leading to the filing of felony charges. During our representation, we were able to accumulate a significant amount of mitigation and presented it to the State Attorney’s Office. Through our efforts, we were able to negotiate a sentence including a reduction of the DUI charge to a Reckless driving, as well as our client receiving a withhold of adjudication on the felony charge, thus allowing him to seal his record.

Nassau 2017 - A recent client was traveling in excess of the speed limit on the roads of Nassau County with his motorcycle. As a result, a local law enforcement agent stopped our client. During the ensuing contact, signs of alcohol consumption were observed and a DUI investigation was begun. Our client admitted to having consumed some beers and agreed to participate in field sobriety exercises. Signs of alcohol impairment were noted and an arrest was made for DUI. During our representation of the case, we were able to present a series of motions as well as mitigation which ultimately lead to the State dropping the DUI charge and instead agreeing to a lesser offense of Reckless Driving.

Duval 2017 - Client was stopped after he was found sitting in his vehicle in the back of a parking lot. The Officer made contact with our client and noticed a strong odor of alcohol, bloodshot watery eyes, and open containers in his vehicle. Our client refused to perform the field exercises and was thereafter arrested for DUI. Once at the Duval County jail our client refused to submit to a breath test. After our review of the case, our client had the DUI charges dropped, and our Client pled to a reduced charge of Reckless driving.

Duval 2017 - Client is in auto accident where she is the at-fault driver, shows signs of impairment, pleas to reckless driving. Our client was found near her vehicle that was overturned on the side of the road. Bottles of beer were observed inside her vehicle. She made incriminating statements and officers observed signs of impairment when talking to her. Our client was taken to the hospital where she refused to have her blood drawn for alcohol testing. After retaining our firm we began to work on her case. Ultimately our client was able to plea to the lesser offense of reckless driving and received a withhold of adjudication. This means that she was not convicted of a crime and received no points on her license.

Duval 2017 - Client stopped after driving wrong way onto the highway, admits to drinking, pleas to reckless driving. Our client was stopped by law enforcement after being observed driving the wrong way onto the highway and almost driving into another vehicle head on. After being stopped by the officer, our client admitted to drinking. At the request of law enforcement our client performed field sobriety exercises and did poorly on them. Upon retaining our firm we began to work on our client’s case. Through litigation on the case our client was able to plea to the lesser offense of reckless driving and received a withhold of adjudication. This means that he was not convicted of a crime and received no points on his license.

Duval 2017 - Client observed swerving within the lane and speeding, admits to drinking, pleas to reckless driving. Law enforcement stopped our client after observing her drifting between the lines within her lane and exceeding the speed limit. After stopping our client the officer observed signs of impairment. Our client admitted to drinking. The officer requested our client perform field sobriety exercises, which she did and showed signs of impairment. After being arrested our client performed a breath alcohol test which showed a .11/.12 breath alcohol level, over the legal limit. After retaining our firm we began to work on her case. Through litigation our client was able to plea to the lesser offense of reckless driving and received a withhold of adjudication. This means she was not convicted of a crime and received no points on her license.

Duval 2017 - Client is told to leave business for being too intoxicated, gets into his vehicle in front of law enforcement, pleas to reckless driving. Our client was removed from a business for being too intoxicated and attempts to reenter multiple times. Eventually he gets in his vehicle and attempts to drive away in front of law enforcement. He is stopped by law enforcement who observe an odor of alcohol, slurred speech, and bloodshot watery eyes. Our client conducted field sobriety exercises and performed poorly. After arrest, our client provided a breath test sample that resulted in .278 breath alcohol level (over 3 times the legal limit). After retaining our firm we began to work on his case. Through litigation our client was able to plead to a reckless driving, a lesser offense than a Driving Under the Influence that carries none of the minimum penalties associated with the offense.

Duval 2017 - Client gets into accident and drives away, is stopped by law enforcement and admits to drinking, pleads to reckless driving. Our client was observed by law enforcement striking another vehicle on the roadway and then driving away. After chasing our client and ultimately stopping her, they began an investigation. The office noted signs of impairment such as an odor of alcohol, slurred speech, and bloodshot watery eyes. Our client admitted to drinking that evening and conducted field sobriety exercises upon which she did poorly. After retaining our firm we began to work on her case. After filing multiple motions on her behalf our client was able to plead to a reckless driving and received a withhold of adjudication. This means she was not convicted of a crime and received no points on her license.

Florida Supreme Court 2017 - A 2017 Clay County client’s driver’s license was suspended for a year as a result of his refusal to provide a breath test. We challenged the driver’s license suspension at an administrative review hearing. Despite video evidence contradicting the police report, the Department of Motor Vehicle’s hearing officer upheld the driver’s license suspension. We decided to continue to fight the suspension and appealed the decision to a higher court. Through several levels of review, the established law at the time was such that even when no evidence supported the hearing officer’s original ruling, the court system was not able to conduct a proper review of the evidence. Knowing the Florida Supreme Court was the only avenue available to change the law throughout the entire State, we decided to take the case all the way to the highest court. Ultimately, the Florida Supreme Court agreed with us and ruled that a circuit judge is not required to just "parrot" the hearing officers and provide a "rubber stamp of approval." Due to our efforts, the law of the entire State has changed to allow a fair review of the evidence when it becomes necessary to appeal the decisions of the Department of Motor Vehicles hearing officers.

Marion 2017 - Our client hired us after his previous attorney was given an offer by the State of 5 years prison for possession of cannabis greater than 20 grams and DUI after 1st conviction. He was initially pulled over for failure to maintain lane and reckless driving. The officer made contact with our client and noticed a strong odor of alcohol, bloodshot watery eyes and thick tongued speech. Our client refused to participate in the field sobriety exercises and was subsequently arrested for DUI and possession of cannabis greater than 20 grams. He was taken to the Marion County Jail where he agreed to take a breath test. The breath test was over the legal limit. After we received and reviewed the case, all charges were dropped.

Duval 2017 - Our client was involved in an accident without any injuries. However, due to the nature of the accident, her vehicle was some distance away from the original collision. She returned to the scene and cooperated in the investigation, completing field sobriety exercises and providing a breath test well in excess of the legal limit. She entered a plea to the DUI the following day in court. We were able to undue her GUILTY plea and DUI sentence. We were then able to demonstrate through both legal challenges and mitigation on behalf of our client, her deservingness of a reduced charge of reckless driving. In the end, she was able to avoid the DUI she originally pled to and instead walked away with a Reckless Driving.

St. Johns County - 2017 - Client was stopped for leaving the scene of an accident. The Officer made contact with our client and noticed a strong odor of alcohol, bloodshot watery eyes and extremely slurred speech. Our client was arrested for DUI and leaving the scene of an accident after she refused to perform the field sobriety exercises. Our client submitted to a breath test once at the St. Johns County Jail. The breath test was over the legal limit. After our review of the case, our client had the DUI charges dropped, and our Client pled to a reduced charge of Reckless driving. The leaving the scene of an accident charge was dropped.

Clay 2017 – Client was traveling on Blanding Blvd and was spotted driving erratically by a Clay County Sheriff’s Officer. Based upon the observed driving pattern, our client’s vehicle was stopped. When contacted, the officer reported our client exhibited signs of alcohol impairment. He was then asked to exit his vehicle and participate in field sobriety exercises. Defendant was subsequently arrested when he failed to adequately perform those exercises. Our client then provided a breath test in excess of the legal limit. Based on the presentation of significant mitigation, as well as, a challenge to the admissibility of the breath test result, our client was able to resolve his case for a reduced charge of Reckless Driving.

Duval 2017 – Client was stopped after a slight accident in a parking lot. During the investigation into the accident, officers from the Jacksonville Sherriff’s Office began to suspect alcohol may have played a factor. Another officer was contacted to come to the scene and conduct a DUI investigation. During the investigation, our client agreed to participate in field sobriety exercises. Seeing signs of impairment, our client was arrested for the offense of DUI. Our client was then transported to the Duval County Detention facility where she provided a breath test in excess of the legal limit. Our first plan of action in defense our client’s case was to attack the breath test results. After a prolonged period of time and a great deal of effort, a combination of litigation as well as mitigation on behalf of our client resulted in the State agreeing to drop the count of DUI and offer a lesser charge of Reckless Driving.

Duval 2017 – Client was first contacted by police after a single car accident on J. Turner Butler Blvd. During the investigation into the accident, officers from the Jacksonville Sherriff’s Office began to suspect alcohol may have played a factor. Another officer was contacted to come to the scene and conduct a DUI investigation. It was ultimately decided it would be too dangerous for our client to participate in field sobriety exercises and as a result of prior observations, our client was arrested for DUI. Client was then transported to the Duval County Detention Facility where he provided a breath sample in excess of the legal limit. After a prolonged period of time and a great deal of effort, a combination of litigation as well as mitigation on behalf of our client resulted in the State agreeing to drop the count of DUI and offer a lesser charge of Reckless Driving.

Duval 2017 – Client was initially stopped for traveling on Beach Blvd. in excess of the posted speed limit and proceeding through a red light. Upon making contact with our client, police reportedly detected signs of alcohol impairment. After some admissions of drinking, our client was asked to exit from his vehicle and participate in field sobriety exercises. After reportedly performing poorly, our client was arrested for DUI and transported to the Duval County Jail. Once at the jail, our client was threatened with a license suspension and provided a breath test in excess of the legal limit. After a prolonged period of time and a great deal of effort, a combination of litigation as well as mitigation on behalf of our client resulted in the State agreeing to drop the count of DUI and offer a lesser charge of Reckless Driving.

DUVAL COUNTY 2017 – Client was stopped for spinning his tires, speeding, and driving in the wrong lane. The Officer noticed an odor of alcohol, flushed face, and glassy eyes. Our client then refused to perform the field exercises and was arrested for DUI. At the Duval County Jail our client refused to provide a breath sample. After reviewing the case and presenting mitigation to the State our client had the DUI charge dropped. Our Client pled to a reduced charge of Reckless driving.

DUVAL COUNTY 2017 – Client is stopped for speeding and provides a breath test over the limit, pleas to Reckless Driving. Our client was stopped for speeding and failed to pull over until after the officer used his air horn. The officer observed glassy bloodshot eyes, an odor of alcohol, and thick tongued speech. Our client admitted to drinking and agreed to perform Field Sobriety Exercises, which he performed poorly on. Our client was arrested and taken to the Duval County Jail where he agreed to provide a breath test. The results of the breath test were .221, almost three times the legal limit. Once our firm was retained we began to work on the case. Through litigation we were able to have the charge reduced and our client pled to reckless driving with a withhold of adjudication. This means that our client was not convicted of a crime and will not have any points on his license.

DUVAL COUNTY 2017 – Client was stopped for speeding. The Officer made contact with our client and noticed a strong odor of marijuana, slurred speech, bloodshot eyes and dilated pupils. Our client was arrested after he performed poorly on the field sobriety exercises. Officers also located marijuana in the vehicle. Our client submitted to a urine test once at the Duval County Jail. After our review of the case, our client had the DUI and marijuana charges dropped, and our Client pled to a reduced charge of Reckless driving. Our client received a withhold of adjudication which means he was not convicted and no points will be assessed on his driver’s license.

Duval 2017 – Our client was stopped in a gas station parking lot while having alcoholic beverages in her vehicle. When police initially made contact, they identified a number of factors normally associated with alcohol impairment. Based on these initial observations, our client was asked to participate in field sobriety exercises. Due to our client’s age and other limitations, our client did not do as well as they would have hoped and was ultimately arrested for DUI. The case ultimately took a substantial time to resolve, but in the end, after the presentation of mitigation and legal challenges, our client’s DUI charge was dropped and they entered a plea to a reduced charge of Reckless Driving.

Duval 2017 – Client fails to yield to police car with emergency lights on, has case dropped. Our client pulled in front of a marked police vehicle with emergency lights and siren activated. The police vehicle had to turn off the road to avoid an accident. After stopping our client the officer noted an odor of alcohol and red and glassy eyes. Our client performed Field Sobriety Exercises and performed poorly. After being arrested for Driving Under the Influence our client refused a breath test. Upon retaining our firm we began to work on his case. The DUI charge against our client was dropped meaning our client will did not have to plea to any criminal offense of any kind.

Duval 2017 – Client is driving for fifteen minutes on a flat tire past police officer, pleas to reckless driving. Our client was observed by police driving up and down the road with a flat tire. Upon making contact with our client police observed an odor of alcohol. Police asked our client to exit his vehicle and noticed him staggering. Our client refused to perform field sobriety exercises and was subsequently arrested for Driving Under the Influence. Our client provided a breath alcohol sample of .224, almost three times the legal limit. After retaining our firm we began to work on his case. Ultimately our client pled to the lesser offense of reckless driving and received a withhold of adjudication. This means our client was not convicted of a crime and will not have any points assessed on his license.

Duval 2017 – Client causes traffic crash and a blood draw shows alcohol in his system, pleas to reckless driving. Out client pulled in front of another vehicle while traveling down the road, causing the vehicle to crash into the back of our client. After the crash our client was observed to have an odor of alcohol, blood shot and watery eyes, and could not respond to simple questions. A blood draw of our client was analyzed by the Florida Department of Law Enforcement and showed .369 grams of ethyl alcohol per 100 milliliters of blood, almost five times the legal limit. Upon retaining our firm we began to work on his case. After extensive litigation our client pled to the lesser charge of reckless driving and received a withhold of adjudication. This means our client was not convicted of a crime and will not have any points assessed on his license.

Duval 2017 – Client is observed striking parked vehicle and continues driving by police officer, pleas to reckless driving. Our client was observed by a law enforcement officer strike the side of a parked vehicle and continue driving down the road. Upon contact with the driver law enforcement noted an odor of alcohol, red and watery eyes, dazed expression, and slow speech pattern. Our client performed Field Sobriety Exercises and performed poorly. A post arrest search of our client’s vehicle discovered marijuana. After retaining our firm we began to work on her case. Our client pled to the lesser charge of reckless driving and received a withhold of adjudication. This means our client was not convicted of a crime and will not have any points assessed on her license. Additionally, the charges of fleeing the scene of an accident and possession of marijuana were dropped as part of the plea; meaning our client did not have to plea to any criminal offense of any kind for these offenses.

Duval 2017 – Client almost swerves into police vehicle, makes incrimination statements, pleas to a reckless driving. Our client was stopped by police after swerving into another lane and almost striking a police officer in his marked vehicle. Upon making contact with our client officers noted glossy eyes, slow speech, slurred speech, and an odor of alcohol. Our client made multiple incriminating statements to police about being impaired. Our client conducted Field Sobriety Exercises and performed poorly. After being arrested our client provided a breath alcohol sample of .245, three times the legal limit. Upon retaining our firm we began to work on her case. Ultimately our client pled to the lesser offense of reckless driving and received a withhold of adjudication. This means our client was not convicted of a crime and did not have any points assessed on her license.

Duval 2017 – Client is observed squealing tires while making a turn and driving into the oncoming lane of traffic, pleas to reckless driving. Our client was observed by law enforcement taking a turn at a rate of speed that his tires were squealing. Additionally our client was observed driving in the wrong lane of travel. Upon contact with our client officers observed slurred speech, bloodshot red and watery eyes, and an odor of alcohol. Our client stumbled after exiting his vehicle and then conducted Field Sobriety Exercises, which he performed poorly on. After arrest for Driving Under the Influence our client provided a breath alcohol sample of .242, three times the legal limit. Upon retaining our firm we began to work on his case. Our client was able to plead to the lesser offense of reckless driving and received a withhold of adjudication. This means our client did not receive a criminal conviction and no points were assessed on his license.

Duval 2017 – Client is stopped for driving over 20 mph over the speed limit and provides a breath test, pleas to reckless driving. Our client was stopped for driving over 70 mph in a 45 mph zone. Upon making contact with our client officers observed an odor of alcohol, blood shot eyes, and a dazed expression. Our client conducted Field Sobriety Exercises and performed poorly. After being arrested for Driving Under the Influence our client provided a breath test sample of .195, over two times the legal limit. After retaining our firm we began to work on her case. After filing a motion to suppress the breath test our client was able to plea to the lesser offense of reckless driving and received a withhold of adjudication. This means that she was not convicted of a crime and received no points on her license.

Duval 2017 – Client is stopped for running a stop bar, admits to drinking, pleas to reckless driving. Our client was stopped for straddling two lanes of traffic and failing to stop before the stop bar at a red light. Upon making contact with our client the officer observed bloodshot eyes and an odor of alcohol. Our client admitted to drinking that night and conducted Field Sobriety Exercises, which she performed poorly on. After being arrested for Driving Under the Influence our client provided a breath alcohol sample of .172, over two times the legal limit. After retaining our firm we began to work on her case. Ultimately our client was able to plea to the lesser offense of reckless driving and received a withhold of adjudication. This means that she was not convicted of a crime and received no points on her license.

Nassau 2016 – Client was stopped for excess speed as he passed a Florida Highway Patrolman on State Road 200. Client was contacted by FHP who noted signs associated with alcohol consumption. Our client agreed to participate in field sobriety exercises but was ultimately arrested for DUI. After being taken to the Nassau County jail, our client provided a breath test in excess of the legal limit. After extensive litigation, a negotiated plea agreement was reached whereby the DUI was dropped and instead our client was able to resolve their case for a Reckless Driving.

DUVAL COUNTY 2016 – Client is arrested for second Boating Under the Influence (BUI), avoids conviction. Our client was observed by an Officer with the Florida Fish and Wildlife Commission operating a boat with a passenger urinating off the side of it. The Officer observed our client unsteady, slurring his speech, with red and glossy eyes, and an odor of alcohol. Multiple empty beer cans were found on the boat. Our client refused Field Sobriety Exercises and a breathalyzer test. After retaining our firm we reviewed the case. Through our representation our client’s charge was reduced to a Disorderly Intoxication. Adjudication was withheld, which means our client was not convicted of a crime.

DUVAL COUNTY 2016 – Client avoids DUI conviction. Client stopped for making a wide turn. The Officer noticed several signs of impairment including slurred speech, an odor of alcohol, and bloodshot watery eyes. Our client participated in the field sobriety exercises and was subsequently arrested. Our client refused to provide a breath sample. After reviewing the case and providing mitigation our client had the DUI charges dropped, and pled to a reduced charge of Reckless driving. Our client received a withhold of adjudication, meaning he was not convicted and no points will be assessed on his license.

DUVAL COUNTY 2016 – Client was stopped for weaving in his lane. The Officer noticed a strong odor of alcohol, flushed face, slurred speech and an open container in the vehicle. Our client was arrested after the field sobriety exercises. Officers also located marijuana in the vehicle. Our client refused to provide a breath sample. The DUI charges were dropped, and our Client pled to a reduced charge of Reckless driving. Our client received a withhold of adjudication and also had the marijuana charge dropped.

DUVAL COUNTY 2016 – Client was stopped after he failed to yield to oncoming traffic. Officer noticed our client had difficulty following their instructions and had slow and slurred speech. Our client performed the field sobriety exercises and was subsequently arrested. Our client was asked to provide a urine sample. After reviewing the case our client had the DUI charges dropped, and pled to a reduced charge of Reckless driving. Our client received a withhold of adjudication, meaning he was not convicted and no points will be assessed on his license.

DUVAL COUNTY 2016 – Client was stopped for driving erratically. Our client reportedly caused other drivers to take evasive actions and did poorly on field sobriety exercises. He was arrested and refused to take a breath test. The client, who has a commercial driver’s license, entered a plea at his first appearance hearing. Shortly after his release from jail onto probation, he contacted our office for help. We were able to successfully reopen the case. The charge of DUI was subsequently reduced to a reckless driving and he avoided both a criminal conviction and points.

CLAY COUNTY 2016 – Client was charged with DUI after a complainant called in a disturbance ultimately leading to police stopping our client’s vehicle. Upon initial contact, our client had been in an argument with her passenger and was upset. Police reportedly noted signs of alcohol consumption and began a DUI investigation. Following the field sobriety exercises, our client was arrested and transported to the Clay County jail. She refused to provide a breath sample. As we prepared for a motion to suppress hearing, mitigation was presented on behalf of the client and the State agreed to drop the DUI and our client received a withhold of adjudication on a reckless driving.

DUVAL COUNTY 2016 – Client strikes a parked police vehicle, refuses a breath test and avoid a DUI conviction. The Officer observed signs of impairment such as an odor of alcohol and red glossy eyes. Our client participated in Field Sobriety Exercises and performed poorly. Our client refused to take a breath test. After retaining our firm we reviewed the case. The charge of DUI was reduced to a disorderly intoxication. Our client received a withhold of adjudication and non-traffic offense, meaning he was not convicted and no points will be assessed on his license.

DUVAL COUNTY 2016 – Client is stopped for speeding and provides a breath test, avoids a DUI conviction. The Officer stopped our client for speeding and observed several indicators of impairment, such as an odor of alcohol, bloodshot eyes, and slurred speech. Our client agreed to perform field sobriety exercises and performed poorly. After arrest our client provided a breath test that exceeded the legal limit. After retaining our firm we reviewed the case. The charge of DUI was reduced to reckless driving. Adjudication was withheld, which means our client was not convicted of a crime and will not be assessed points on her license.

NASSAU COUNTY 2016 – Client was stopped for traveling well in excess of the speed limit. Client pulled into a nearby gas station where contact was made by the arresting officer. Our client was upset during the investigation making the officer think she was refusing to participate in the field sobriety exercises. Our client was taken to the Nassau County jail where she refused to provide a breath sample. After demonstrating the devastating consequences a DUI conviction would have on our client’s employment and ability to support herself, negotiations resulted in a reduced charge of Reckless Driving.

DUVAL COUNTY 2016 – Client runs stop sign and refuses field exercises and a breath test avoids DUI conviction. The Officer noticed several signs of impairment including slurred speech, an odor of alcohol, and trouble locating her documents. Our client refused to participate in field sobriety exercises and was subsequently arrested. Our client also refused to provide a breath sample. After reviewing the case our client had the DUI charges dropped, and pled to a reduced charge of Reckless driving. Our client received a withhold of adjudication, meaning she was not convicted and no points will be assessed on her license.

NASSAU COUNTY 2016 – Client was stopped near State Road 200 for traveling in excess of the speed limit as well as weaving within his lane. Investigating officers noticed he had bloodshot and watery eyes, slurred speech and an odor of alcohol. Our client was asked to do field sobriety exercises but he refused to complete them. Our client was then arrested for DUI and asked to provide a breath test. He refused the breath test as well. Negotiations proved difficult as the client possessed multiple prior DUI convictions, but on the precipice of trial, negotiations resulted in a deal for the DUI being dropped and a plea to a reduced charge of Reckless Driving was entered.

DUVAL COUNTY 2016 – Client charged with DUI after he was stopped for speeding. The officer noticed our client had a strong odor of alcohol, slurred speech, and bloodshot watery eyes. Our client refused to perform the field exercises and refused to provide a breath test. After reviewing the case and providing mitigation to the assistant state attorney our client had the DUI charges dropped, and pled to the lesser traffic offense of Reckless driving.

DUVAL COUNTY 2016 – Our client was arrested for DUI after he was stopped for driving the wrong way on a divided highway. Our client demonstrated numerous signs he had been drinking alcohol. He agreed to participate in field sobriety exercises and was subsequently arrested. Our client also provided a breath sample well in excess of the legal limit. The legal challenges to avoid a DUI conviction were immense, but the State Attorney’s Office is often receptive to a professional presentation of mitigation on behalf of a client. In this case, after we presented mitigation to the state, our client was able to avoid a DUI conviction.

DUVAL COUNTY 2016 – Client charged with DUI after she was stopped for driving on a flat tire. Our client performed the field exercises and refused to provide a breath test. After reviewing the case and providing mitigation to the assistant state attorney our client had the DUI charges dropped, and pled to the lesser traffic offense of Reckless driving. Our client received a withhold of adjudication, meaning she was not convicted and no points will be assessed on her license.

CLAY COUNTY 2016 – Our client was stopped by the Clay County Sheriff’s Office after a compliant was received regarding a reckless driver. Clay County deputies made contact with our client and noted she had bloodshot watery eyes, slurred speech, a flushed face and a moderate odor of alcohol. After completing the field sobriety exercises, our client was arrested for DUI and transported to the Clay County jail. A breath test was provided with results well in excess of the legal limit. On behalf of our client, we engaged in a combination of litigation and mitigation which ultimately resulted in the State dropping the DUI charge and our client receiving a withhold of adjudication on the reduced charge of reckless driving.

DUVAL COUNTY 2016 – Client charged with DUI after field exercises and .20 breath test. Our client was involved in an altercation on an exit ramp and stopped by an officer with the Jacksonville Sheriff’s office. The officer noticed signs of possible impairment and detained our client for a DUI officer to conduct the field exercises. Our client performed the field exercises and provided a breath test of .20 and .20. After reviewing the case and providing mitigation to the assistant state attorney our client had the DUI charges dropped, and pled to the lesser traffic offense of Reckless driving. Our client received a withhold of adjudication, meaning she was not convicted and no points will be assessed on her license.

DUVAL COUNTY 2016– Client charged with DUI after weaving in her lane and refusing breath test. Our Client was stopped for weaving in her lane and straddling lane markers.. Our client performed the field exercises and refused to provide a breath test. After reviewing the case and providing mitigation to the assistant state attorney our client had the DUI charges dropped, and pled to the lesser traffic offense of Reckless driving. Our client received a withhold of adjudication, meaning she was not convicted and no points will be assessed on her license.

DUVAL COUNTY 2016 – Client was charged with DUI with a breath test of .19. Our Client was stopped for leaving the scene of an accident. Our client refused to perform the field exercises and provided a breath test of .19 and .19. After reviewing the case and providing mitigation to the assistant state attorney our client had the DUI charges dropped, and pled to the lesser traffic offense of Reckless driving. Our client received a withhold of adjudication, meaning she was not convicted and no points will be assessed on her license.

ST. JOHNS COUNTY 2016 - Client involved in an accident and refused breath test avoids DUI conviction. Our Client was involved in an accident. The officer who arrived observed indicators of impairment. No field exercises were conducted and our client refused to provide a breath sample. After reviewing the case our client had the DUI charges dropped, and pled to the lesser traffic offense of Reckless driving.

DUVAL COUNTY 2016 - Client was charged with DUI after he was stopped for driving through some traffic cones. Our client performed one field exercise and refused to perform the remaining exercises. Our client provided a breath test of .17 and .16. After reviewing the case and providing mitigation to the assistant state attorney our client had his DUI charges dropped, and he pled to the lesser traffic offense of Reckless driving. Our client received a withhold of adjudication, meaning he was not convicted and no points will be assessed on his license.

DUVAL COUNTY 2016 - Breath test of .21 and .21 avoids DUI conviction. Our client was stopped for speeding. After the officer made contact with our client he had him perform field exercises. After the exercises our client was arrested for DUI and provided a breath test of .21 and .21. After reviewing the case, our client pled to the lesser traffic offense of Reckless driving.

2016 DUI CRASH AVOIDS CONVICTION - A 2016 Duval County client was traveling on I-95 and became involved in a multicar accident. The client was investigated for a possible DUI based on his behavior on scene. Following poor performance on field sobriety exercises, he was arrested for DUI. The client then refused to provide a breath sample. After investigation of the case and introduction of conflicting witness statements from the scene, a negotiated resolution of a reduced charge for Reckless Driving was agreed upon.

DUVAL COUNTY 2016 - Our Client was arrested for DUI after being found asleep in his vehicle in the parking lot of a gas station. Officers were called by a passerby who saw him slumped over the steering wheel. Our Client mistakenly entered a plea of no contest at his first appearance hearing. We were successful in vacating that conviction and based on a legal issue we uncovered, the State agreed to reduce the charge to the lesser traffic offense of Reckless driving.

DUVAL COUNTY 2016 - Client with .15 breath test avoids DUI charge. Our Client was stopped for speeding. Our Client was arrested after performing the field exercises. Our Client thereafter provided a breath test of .15 and .15. After review of the case and providing mitigation, our Client had her DUI charge dropped and she pled to the lesser offense of Reckless driving.

DUVAL COUNTY 2016 - Client involved in an accident and refused to give breath test avoids DUI conviction. Our Client was stopped by a passing officer who saw that an accident had just occurred. Our Client was arrested for DUI after she refused to complete the field exercises. After review of the case our Client had her DUI charge dropped and she pled to the lesser traffic offense of Reckless driving.

DUVAL COUNTY 2016 - Client with .18 breath test avoids DUI charge. Our Client was stopped for spinning his tires too fast and driving too fast for the conditions. Our Client was arrested after performing the field exercises. Our Client thereafter provided a breath test of .18 and .18. After careful review of the case and the filing of a motion to suppress evidence, our Client had his DUI charge dropped and pled to the lesser offense of Reckless driving. He received a withhold of adjudication meaning no conviction and no points assessed on his license.

DUVAL COUNTY 2016 - Client was charged with DUI with a breath test of .24 and .25. Our client was stopped for speeding. After refusing to perform the field sobriety exercises our client was arrested for DUI. After a review of the evidence in the case our Client had her DUI charges dropped, and she pled to the lesser traffic offense of Reckless driving. Our client received a withhold of adjudication, meaning our client was not convicted and no points will assessed on her license.

DUVAL COUNTY 2016 - Client was traveling south on San Jose Blvd. and caused a traffic collision. Client was then stopped by police and a DUI investigation began. After the investigation, our Client was determined to be impaired and arrested for DUI. Our Client thereafter provided a breath test in excess of .08. After careful review of our Client's case and a presentation of mitigating evidence on behalf of the client, a negotiated plea agreement was arranged in which Client pled to a Reckless Driving and the DUI charge was dropped.

DUVAL COUNTY 2016 - Client was charged with DUI with a breath test of .13. Our client was stopped for speeding. After performing all the field sobriety exercises our client was arrested for DUI. After a review of the evidence in the case and providing mitigation to the assistant state attorney our client had his DUI charges dropped, and he pled to the lesser traffic offense of Reckless driving. Our client received a withhold of adjudication, meaning our client was not convicted and no points will assessed on his license.

DUVAL COUNTY 2016 - Client was charged with DUI after being stopped by an officer for failing to maintain a single lane. The officer suspected our client was either ill, tired, or impaired. Our client performed the field exercises and was arrested for DUI and thereafter refused to provide a breath test. After reviewing the case and providing mitigation to the assistant state attorney our client’s charges were dropped.

ST. JOHNS COUNTY 2016 - Client was charged with DUI after he was stopped for crashing his vehicle. Our Client performed the field exercises poorly and provided a breath test over the legal limit. After reviewing the case our client pled to the lesser traffic offense of Reckless driving.

DUVAL COUNTY 2016 - Client’s was charged with his Third DUI after he was stopped for driving carelessly. Our client refused to perform the field exercises as well as the breath test. After reviewing the case and providing mitigation to the assistant state attorney our client had his DUI charges dropped, and he pled to the lesser traffic offense of Reckless driving.

DUVAL COUNTY 2015 - Client is stopped for speeding and admits to drinking, avoids a DUI conviction. The Officer observed indicators of impairment such as slow lethargic speech and an odor of alcohol. Our client agreed to participate in Field Sobriety Exercises and performed poorly. Our client admitted to drinking and that he was impaired. After being arrested our client refused to take a breath test. Upon retraining our firm we reviewed the case. Through our representation of the client the charge of DUI was reduced to reckless driving. Adjudication was withheld, which means our client was not convicted of a crime and will not be assessed points on his license.

DUVAL COUNTY 2015 - Client was charged with DUI after being followed for a distance of approximately one mile and seen exceeding the speed limit and weaving in her lane. The Florida Highway Patrol conducted a DUI investigation. Our client refused to do most of the field sobriety exercises citing a childhood illness. It was determined, our client was impaired and she was arrested for DUI. After being taken to the jail, our client provided a breath test well over the legal limit. A motion was filed seeking to limit the evidence available to the State Attorney’s Office. Halfway through the motion hearing, negotiations resulted in the DUI being dropped and the charges reduced to Reckless Driving.

DUVAL COUNTY 2015 - Client was charged with DUI after being stopped for leaving the scene of an accident. Our Client performed poorly on the field sobriety exercises and then refused to provide a breath test. After reviewing the case and providing mitigation our client pled to the lesser traffic offense of Reckless driving and adjudication was withheld, meaning our client was not convicted and no points will be assessed on their license.

DUVAL COUNTY 2015 - Client was charged with DUI after he failed to stop at a stop sign. Our Client performed the field exercises poorly and refused to provide a breath test. After reviewing the case our client pled to the lesser traffic offense of Reckless driving and adjudication was withheld, meaning our client was not convicted and no points will be assessed on their license.

ST. JOHNS COUNTY 2015 - Client was charged with DUI after he was observed driving erratically. Our client performed the field exercises poorly and provided a breath test of .17 and .18. After review of the case and negotiating with the State our client pled to the lesser traffic offense of Reckless driving.

DUVAL COUNTY 2015 - Client was charged with DUI after being stopped for crossing into oncoming traffic, speeding, and rolling through a stop sign. Our Client performed poorly on the field sobriety exercises and then refused to provide a breath test. After reviewing the case and providing mitigation our client pled to the lesser traffic offense of Reckless driving.

DUVAL COUNTY 2015 - Client was charged with DUI after being stopped for failing to stop at a stop sign. Our Client performed poorly on the field sobriety exercises and then refused to provide a breath test. After reviewing the case and providing mitigation our client pled to the lesser traffic offense of Reckless driving and adjudication was withheld, meaning our client was not convicted and no points will be assessed on their license.

DUVAL COUNTY 2015 - Client was charged with 3 counts of DUI after crashing into a parked car and a house. Our Client refused to perform field exercises and refused to provide a breath test. The DUI charges were dropped and our client pled to the lesser traffic offense of Reckless driving.

NASSAU COUNTY 2015 - Client was charged with DUI after being stopped for speeding on Highway 200. The client participated in field sobriety exercises but had medical issues making those nearly impossible to perform. The client provided a breath sample well above the legal limit. Ultimately, we were able to achieve a Reckless Driving withhold of adjudication which means no conviction and no points on their license.

DUVAL COUNTY 2015 - Client was charged with DUI after being stopped for erratic driving on Southside Blvd. Client performed poorly on the field sobriety exercises and provided a breath test well above the legal limit. The client entered a plea of guilty and was sentenced at first appearance. We were able to undo the plea and after substantial litigation achieve a Reckless Driving withhold of adjudication, meaning no conviction and no points on their license.

DUVAL COUNTY 2015 - Client charged with DUI after being pulled over for speeding, and having refused a breath test, has charges reduced to lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication which means no conviction.

DUVAL COUNTY 2015 - Client charged with DUI after being pulled over for running a red light. Our client refused a breath test, but provided a urine sample which tested positive for controlled substances. Our client's charges were reduced to a lesser traffic offense of Reckless Driving, and received a withhold of adjudication.

DUVAL COUNTY 2015 - Client stopped for careless driving with a breath alcohol level of .17 avoids DUI conviction. Our client received a withhold of adjudication to the reduced charge of Reckless Driving.

DUVAL COUNTY 2015 - Client charged with DUI after being involved in a single car accident, and having a blood alcohol level of .18, charge reduced to lesser traffic offense of Reckless Driving, and the client received a withhold of adjudication meaning no conviction.

CLIENT ARRESTED FOR DUI AVOIDS CONVICTION: A Duval County client was pulled over when he was observed by an officer attempting to make a left turn, and at the last second, attempted to go straight and ended up driving on the wrong side of the road. The officer followed the client and eventually conducted a traffic stop on his vehicle. The client was asked to participate in field sobriety exercises based on the officer's observations of an odor of alcohol and slurred speech. The client agreed to perform the exercises. He was arrested based on his poor performance on the field exercises and taken to the Duval County Jail where he refused to submit to a breath test. During our representation, we were able to demonstrate to the State Attorney's Office the difficulty in obtaining a conviction should they proceed to a trial. We also presented mitigation to consider in conjunction with the evidence that was available. Through a combination of the two, we were able to successfully negotiate a reduced traffic offense of Reckless Driving and keep our client from sustaining a criminal conviction.

CLIENT WHO WAS SPEEDING AND CUT OFF OFFICER AVOIDS DUI CONVICTION: A Duval County client was pulled over when she was observed traveling above the speed limit and changed lanes cutting off a State Trooper. The trooper initiated a traffic stop on her vehicle and observed several indicators of impairment including, an odor of alcohol, bloodshot watery eyes, and a flushed face. The trooper observed her to be unsteady on her feet when she exited her vehicle. Based on her performance on the field exercises she was arrested for DUI. The trooper transported the client to the Duval County Jail. At the jail she was asked to submit to a breath test and she refused. During our representation, we were able to point out to the State Attorney the inconsistencies in the trooper's report and what was shown on his in car video. We were also able to present mitigation to the State to consider in conjunction with the conflicts in the evidence. We successfully negotiated a reduced charge of Reckless Driving. Our client also avoided a conviction on the lesser traffic offense.

CLIENT ASLEEP IN HIS PARKED CAR AVOIDS DUI CONVICTION: A Duval County client was arrested for DUI when it was reported that an individual was asleep behind the wheel of a running car in a gas station parking lot. When the officer arrived he pulled directly behind the client's car and took his keys. On an appeal of the decision of the Department of Highway Safety and Motor Vehicles to suspend our client's license, we were able to successfully argue that the client was illegally detained by the officer. We presented the opinion of the appellate court to the State Attorney who agreed to reduce the charge to a Reckless Driving. The client avoided a criminal conviction and resolved his case for a reduced charge of Reckless Driving.

DUI CHARGES DROPPED: A Duval County Client was arrested for DUI when he was found asleep in his car. The officer who responded to the scene found a set of car keys during the investigation. At the hearing at the Department of Highway Safety and Motor Vehicles, we were able to successfully point out that the keys found in the car with the client were not the keys that belonged to the car. Based on the testimony at the DMV hearing by the arresting officer that we provided, the State Attorney agreed to drop the charges against our client.

" CLIENT REFUSING BREATH TEST AVOIDS DUI CONVICTION. 2015 Duval County client was pulled over for traveling at a high rate of speed and making abrupt lane changes. After he was stopped, the Atlantic Beach officer decided to begin a DUI investigation after noticing several signs of impairment on our client. Our client agreed to perform field sobriety tests. Our client had issues on several of the exercises, including the walk and turn. Our client also failed to recite the alphabet correctly. Thereafter, he was arrested for DUI, whereupon he refused to provide a breath sample. The State then charged our client with DUI. After receiving the case, we examined all of the evidence and after meeting with the State our client's DUI charge was dismissed in favor of a lesser criminal/traffic offense of Reckless Driving."

" CLIENT ARRESTED FOR FELONY CHARGE OF DRIVING AS HABITUAL TRAFFIC OFFENDER AVOIDS PRISON 2015 Duval County. Our client, who had an extensive criminal record, was charged with Driving as a Habitual Traffic Offender. The State originally offered for him to enter a plea for a lengthy prison sentence. We were able to uncover extensive mitigation to present to the State. After reviewing the mitigation, the State agreed to ask only for the guideline sentence which would be approximately 2 ½ years in prison. After researching the prior convictions relied on by the State, including those from out of state, we were able to have the guidelines reduced to fourteen (14) months. Ultimately, after a successful sentencing hearing, out client received twelve (12) months on specialized probation. "

CLIENT ARRESTED FOR DRIVING UNDER THE INFLUENCE AVOIDS CONVICTION: A 2015 Duval County client had been stopped for running a red light and swerving off the road. During the subsequent contact with police, they were able to detect an odor of alcohol coming from our client, bloodshot and watery eyes, and mumbled speech. The client was asked to complete field sobriety exercises which he complied with. Following the exercises, the client was arrested for driving under the influence. The client was transported to the Duval County Jail where he submitted a breath test that was twice the legal limit. We were able to present significant mitigation to the State Attorney's Office on our client's behalf. Based on the substantial amount of mitigation that was able to be provided we were able to negotiate a reduced charge of Reckless Driving and keep our client from sustaining a criminal conviction.

CLIENT ARRESTED FOR DRIVING UNDER THE INFLUENCE AVOIDS CONVICTION. A 2015 Duval County client had been pulled over when she saw her friend was being issued a ticket by a police officer. The police officer made contact with her and observed an odor of alcohol and bloodshot watery eyes. The client was asked to complete field sobriety exercises which she complied with. Following the exercises, the client was arrested for driving under the influence. The client was transported to the Duval County Jail where she submitted a breath test that was just above the legal limit. During our representation, we were able to demonstrate to the State Attorney's Office the difficulty in obtaining a conviction should they proceed to a trial. We also presented mitigation to the State Attorney's Office to consider in conjunction with the evidence that was available. Through a combination of the two, we were able to successfully negotiate a reduced charge of Reckless Driving and keep our client from sustaining a criminal conviction.

CLIENT ARRESTED FOR DRIVING UNDER THE INFLUENCE AVOIDS CONVICTION: A 2015 Duval County client had been stopped for driving without his headlights illuminated. During the subsequent contact with police, they were able to detect an odor of alcohol coming from our client, bloodshot and watery eyes, and slurred speech. The client was asked to complete field sobriety exercises, and he refused to complete the exercises. Following his refusal, the client was arrested for driving under the influence. The client was transported to the Duval County Jail where he refused to provide a breath sample. We were able to present significant mitigation to the State Attorney's Office on our client's behalf. Based on the substantial amount of mitigation that was able to be provided we were able to successfully negotiate a reduced charge of Reckless Driving and keep our client from sustaining a criminal conviction.

CLIENT CONVICTED AT TRIAL OF DUI SUCCESSFULLY WINS NEW TRIAL AND AVOIDS DUI CONVICTION. 2014 Duval County. Client hired us after he was convicted at trial of DUI. During the trial, there were multiple errors made, particularly by the prosecutor. In addition. the arresting officer changed his testimony about a fact that became the focus of the trial. After a lengthy hearing, we were able to obtain an order from the court removing the conviction. Based on the errors we were able to establish, the State subsequently agreed to reduce the charge. Our client was able to avoid both a criminal conviction and points on his record.

LICENSE SUSPENSION REVERSED. 2014 Duval County. Our client was asleep in his vehicle in a parking lot. He was properly parked in a parking space. A law enforcement officer blocked him in and began to investigate him for DUI. He was subsequently arrested for DUI and had his license suspended for an unlawful breath alcohol level. We argued that the officer had no authority to block our client in and to investigate him for DUI based upon his being asleep in a lawfully parked car. The hearing officer upheld the suspension anyway. On appeal, we were able to successfully argue that the order of suspension had to be reversed based on the unlawful actions of the law enforcement officer.

2014-DUI CHARGE REDUCED AND ADJUDICATION WITHELD. A 2014 Duval County client was arrested and charged with DUI after the Jacksonville Sheriff's Office stopped him for a speeding violation. The client provided a breath test that was over the legal limit. The client's DUI charge was reduced to a reckless driving charge, and adjudication of guilt was withheld after a plea no contest to the reduced charge.

2014-FELONY CHARGES DROPPED. A 2014 Nassau County client was charged with felony driving with a suspended license. The client faced a potential sentence of 5 years in prison. After researching the facts of the case and legal issues involved, we believed that the client was unlawfully stopped and detained by the Nassau County Sheriff's Office. After discussing these issues with the State Attorney's Office, the charges were completely dropped.

STATE DROPS DUI CHARGE AFTER SUCCESSFUL PRE TRIAL MOTION – Client was stopped after she was observed driving onto a curb. Once the officer made contact with our client, he detected signs of impairment, including the odor of alcohol, bloodshot watery eyes, and a lethargic look on our client's face. Our client also admitted to drinking two beers prior to driving. The officer had our client perform the field sobriety exercises. After she completed the field exercises she was arrested for Driving Under the Influence. At the Duval County Jail our client refused to provide a breath sample. After reviewing the evidence, we discovered the officer did not have a lawful basis to stop our client. As a result we filed a pre-trial motion to exclude the field exercises and breath test refusal. After having a hearing on our pre-trial motion, the Judge agreed with us and found the stop unlawful. This resulted in the State dropping all charges against our client.

Double the Limit Blow Results in Reckless Driving. A 2014 Clay County client was contacted by the police when they spotted his vehicle pulled over on the side of the road. Police pulled in behind the vehicle, noticed the engine and lights were still on. Police made contact with our client and reported detecting a moderate odor of alcohol, our client's eyes were bloodshot and watery and his speech was slurred. Our client admitted to having a few drinks earlier in the evening and agreed to perform field sobriety exercises. Our client was then arrested and provided a breath test approximately twice the legal limit. As part of the defense of the case, our firm attacked the validity of the breath test instrument, ultimately leading to favorable rulings from the court. As part of continual negotiations with the State, and as a result of the litigation, we were able to reach a resolution of our client receiving a reduced charge of a Reckless Driving.

CLIENT AVOIDS DUI CONVICTION AFTER PROVIDING A BREATH SAMPLE MORE THAN TWO TIMES THE LEGAL LIMIT. 2013 St. Johns County client was observed by a Florida Highway Patrol officer stopped in the travel lane on Interstate 95. When the FHP officer made contact with our client he noticed he was asleep behind the wheel. When the FHP officer woke our client he smelled an odor of alcohol and began a DUI investigation. The Defendant did poorly on the roadside sobriety exercises and was arrested for Driving Under the Influence. The Defendant thereafter provided two breath samples more than twice the legal limit. After being retained, we met with the State and presented evidence to the State regarding our client. Due to these successful plea negotiations with the State, they agreed to dismiss our client's DUI charge and reduce it to a lesser offense of Reckless Driving.

CLIENT, ARRESTED FOR DUI, AVOIDS DUI AS A RESULT OF A PRE-TRIAL MOTION. 2013 Duval County client was driving on Hodges Boulevard. A motorist flagged down a police officer, claiming that the Defendant had run some other vehicles off the road. After hearing this account, the police officer decided to pull our client over. After doing so, the officer noticed signs of impairment coming from our client, including an odor of alcohol and slurred speech. The officer began a DUI investigation. As part of the investigation our client agreed to perform roadside field sobriety exercises. After our client performed the exercises, he was arrested for DUI. After arrest, our client was asked to provide a breath/alcohol sample. Our client refused to provide the breath sample and was ultimately charged with Driving Under the Influence. Upon examination of the State's evidence, we decided to file pre-trial motions, seeking to have evidence suppressed. A hearing was then heard on our motion. Midway through the hearing, the State agreed to amend our client's charge to a lesser criminal/traffic offense of Reckless Driving. As a result of this disposition, our client avoided getting a suspension on his driver's license. He also received a withhold of adjudication, meaning he received no criminal conviction, and no points on his driver's license.

MITIGATING EVIDENCE PRESENTED TO THE STATE RESULTS IN CLIENT NOT BEING CONVICTED OF DUI. 2013 Duval County client was observed by police on I-295 weaving in and out of his lane. Due to his weaving, other traffic had to move to stay clear of our client while he was driving. This driving continued as he merged onto the I-95. The police then pulled our client over. After they smelled an odor of alcohol along with other possible signs of impairment, the police began a DUI investigation. The Defendant had difficulties properly performing the roadside sobriety tests. The Defendant also admitted to drinking 6 or 7 beers prior to driving and that he had a buzz. The Defendant was arrested and thereafter refused to provide a breath sample. After receiving the case, we met with the State and presented information to the State regarding our client. Due to these successful plea negotiations with the State of Florida, they agreed to dismiss our client's DUI charge and reduce it to a lesser criminal/traffic offense of Reckless Driving. Our client had his adjudication withheld, meaning he did not receive a criminal conviction, and no points were assessed to his license.

CLIENT BLOWS TWICE THE LEGAL LIMIT AVOIDS DUI CONVICTION. 2013 - Duval County - An officer with the Jacksonville Sheriff's office stopped our client for running a stop sign. When the officer made contact with our client he noticed several indicators of impairment, including, a strong odor of alcohol, bloodshot watery eyes, and slurred thick tongued speech. Our client admitted to drinking several beers. Our client agreed to perform the field sobriety exercises. Our client was then arrested after performing poorly on the field exercises and transported to the Duval County Jail. Once at the Duval County Jail, our client provided a breath sample that was over twice the legal limit. After providing mitigation and negotiating with the State, they agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving.

CLIENTS SECOND DUI WITHIN FIVE YEARS HAS CHARGES REDUCED. 2013 – Duval County – Officers responded to a traffic crash. When the officers arrived to the scene they observed our client sitting next to the crashed vehicle that was flipped on its side. When the officer made contact with our client he noticed several indicators of impairment, including, a strong odor of alcohol, flushed face, bloodshot watery eyes, and slurred thick tongued speech. Our client refused to perform the field sobriety exercises. Our client was then arrested and transported to the Duval County Jail. Once at the Duval County Jail, our client provided a breath sample that was over twice the legal limit. After looking at the evidence and negotiating with the State they agreed to dismiss our clients DUI charge in favor of a lesser traffic offense of Reckless Driving.

CLIENT STOPPED FOR CROSSING OVER LANE LINES AND FISHTAILING THROUGH AN INTERSECTION, BLOWS ALMOST DOUBLE THE LEGAL LIMIT HAS CHARGES REDUCED AND AVOIDS CONVICTION. 2013 – Duval County – Officer stopped our client for accelerating rapidly through an intersection, causing her vehicle to fishtail and also crossing over lane lines. When the officer made contact with our client he noticed indicators of impairment, including, bloodshot watery eyes, and an odor of alcohol. Our client also admitted to drinking several drinks. After our client performed the field exercises she was arrested and transported to the Duval County Jail. Once at the Duval County Jail, our client provided a breath sample almost twice the legal limit. After looking at the States evidence and negotiating with the State, they agreed to dismiss our clients DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication which means she was not convicted of the offense and she will not receive any points on her license.

CLIENT WHO WAS STOPPED FOR DRIVING OFF THE ROAD AND STRIKING A CURB AND WAS OVER THE LEGAL LIMIT HAS CHARGES REDUCED. 2013 – St. Johns County – An officer stopped our client for driving at a high rate of speed, failing to negotiate a curb, and driving off the road. When the officer made contact with our client he noticed several indicators of impairment, including, a strong odor of alcohol, bloodshot watery eyes, and slurred speech. Our client performed the field sobriety exercises. Our client was then arrested and transported to the St. Johns County Jail. Once at the St. Johns County Jail, our client provided a breath sample that was over the legal limit. After being retained in this case, we looked at the States evidence and negotiated with the State and they agreed to dismiss our clients DUI charge in favor of a lesser traffic offense of Reckless Driving. Our Client was not convicted of the lesser traffic offense and will not receive any points on his license.

SUCCESSFUL NEGOTIATIONS RESULT IN REDUCED CHARGE AND NO CONVICTION. 2013 – Duval County – An officer stopped our client for driving without headlights and stopping in the middle of the road. The officer made contact with our client and immediately noticed signs of impairment. The officer noticed a strong odor of alcohol, bloodshot watery eyes, and a glazed look on our clients face. A DUI officer was called to the scene and had our client perform field exercises. After the field exercises our client was arrested and transported to the Duval County Jail where he refused a breath test. After being retained in this case, we looked at the States evidence and negotiated with the State and they agreed to dismiss our clients DUI charge in favor of a lesser traffic offense of Reckless Driving. Our Client was not convicted of the lesser traffic offense and will not receive any points on his license.

CLIENT SUCCESSFULLY AVOIDS A FIRST DUI CONVICTION. 2013 Duval County client was observed by the police straddling lane markers and almost striking a wall at the exit on Atlantic Blvd, exiting onto Mayport Road. After being pulled over, an Atlantic Beach officer noticed signs of alcohol consumption and decided to conduct a DUI investigation. Our client performed roadside field sobriety tests. During the investigation, our client admitted he was not sober and that he didnt want to drive. Our client was arrested for DUI and he ultimately refused to provide a breath sample. Our client was subsequently charged with a DUI. After receiving all of the information about our clients case, we began negotiations with the State Attorneys Office. As a result of the negotiations, the State agreed to reduce our clients DUI charge to that of Reckless Driving. Our client was withheld adjudication and was sentenced to probationary conditions. As a result, our client avoided a DUI conviction, he received no points on his license, and he received no license suspension.

DEFENSE INVESTIGATION LEADS TO ANOTHER SUCCESSFUL RESULT FOR CLIENT CHARGED WITH DUI. 2013 Duval County client was pulled over in Jacksonville Beach because the beaches officer observed our client fail to stop appropriately at multiple stop signs. The officer decided to stop our client and began a DUI investigation once he smelled an odor of alcohol from his car. As part of the DUI investigation, the officer requested our client perform roadside field sobriety tests. Our client did not agree to do the exercises. As a result, our client was arrested for DUI. After his arrest, he was asked to submit to a breath test and our client refused. Thereafter, he was charged with a DUI. Once we were retained to represent our client, we requested all of the evidence the State had and reviewed it. After reviewing the evidence and speaking with the officer involved, we filed a motion seeking to have evidence thrown out based on our client being illegally detained without sufficient evidence. A hearing was held in front of the judge on this issue. After the hearing was held, we negotiated with the State and they agreed to reduce our clients charge from DUI to Reckless Driving. Our client received a withhold of adjudication on the Reckless Driving, which means that he received no points on his license and did not have to endure a license suspension of any kind.

SUCCESFUL NEGOTIATIONS RESULT IN REDUCED CHARGES AND WITHHOLD OF ADJUDICATION. A 2012 Duval County client was arrested and charged with DUI after a traffic stop. The client provided a breath test that was over the legal limit. After we met and negotiated with the State Attorneys Office, the clients DUI charge was reduced to a criminal reckless driving charge, and adjudication of guilt was withheld after a plea no contest to the reduced charge.

CASE DROPPED AND PROBATION ENDED SEVEN YEARS EARLY. A 2013 Duval County client came to us with an outstanding warrant on a new felony charge while he was on probation for a prior felony. We facilitated our client turning himself in and in turn were able to receive a far lower bond than was attached to the warrant. Further, after providing information to the State Attorneys Office, they ultimately decided to drop the case. Despite the case being dropped, our clients probation was still violated and he had a warrant with no bond outstanding. We were able to get his case on the judges calendar and negotiate to have his probation ended seven years earlier than it otherwise would have been.

FILING OF MOTION PROMPTS STATE TO REDUCE CHARGE. A 2013 Duval County client was stopped as she pulled out of a parking space and into a grass median. When the police first walked up to her car, they could smell the odor of alcohol, saw blood shot and watery eyes and said that her speech was slurred. Through our investigation of the case, we discovered an additional witness who offered their version of the events that took place that night. After presenting this additional witness to the State Attorney's Office and filing a motion to suppress, the State offered to reduce the charge from a DUI to the lesser criminal charge of Reckless Driving. Our client was able to resolve her case without a conviction and will later be able to seal her record.

CLIENT WHO WAS OVER THE LEGAL LIMIT HAS CHARGES REDUCED. 2013 - Duval County - An officer stopped our client for speeding. When the officer made contact with our client he noticed several indicators of impairment, including, an odor of alcohol, watery eyes, and thick tongued speech. Our client admitted that he had been drinking. A DUI officer was called to the scene to conduct a DUI investigation. Our client refused to perform the field sobriety exercises. Our client was then arrested and transported to the Duval County Jail. Once at the Duval County Jail, our client provided a breath sample that was over the legal limit. After being retained in this case, we looked at the State's evidence and negotiated with the State and they agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving.

SUCCESSFUL NEGOTIATIONS RESULTS IN REDUCED CHARGE. 2013 - St. Johns County - Officers stopped our client for making an illegal u-turn. When the officer made contact with our client she noticed several indicators of impairment, including, a strong odor of alcohol, bloodshot and watery eyes. Our client refused to perform the field sobriety exercises. Our client was arrested and transported to the St. Johns County Jail. Once at the St. Johns County Jail, our client refused to provide a breath sample. After being retained in this case, we looked at the State's evidence and negotiated with the State and they agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, which means no points were added to his license and he avoided a criminal conviction.

CLIENT CHARGED WITH SECOND DUI AFTER BACKING INTO A PARKED VEHICLE HAS CHARGE REDUCED TO RECKLESS DRIVING. 2013 - Duval County - Officers were dispatched to the scene of an accident. When the officers arrived they made contact with our client and noticed several indicators of impairment, including, a strong odor of alcohol, slurred speech, swaying, and bloodshot, watery eyes. The officers found our client to be at fault in the accident. Our client performed several field sobriety exercises. After the exercises, our client was arrested and transported to the Duval County Jail. Once at the Duval County Jail, our client refused to provide a breath sample. After being retained in this case, we looked at the State's evidence and negotiated with the State and they agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving.

CLIENT WHO WAS ALMOST DOUBLE THE LEGAL LIMIT AVOIDS PROBATION, CRIMINAL CONVICTION, AND LICENSE SUSPENSION. 2013 Duval County client was pulled over after an officer observed her weaving in and out of her lane of travel down Old Middleburg South. Prior to the officer observing this, police had received a call about a reckless driver for the vehicle matching our client's description. After the traffic stop was conducted, the officer noticed signs of alcohol consumption and decided to do a DUI investigation. Our client agreed to do roadside field sobriety tests and she allegedly failed them. Our client was arrested and thereafter provided two breath samples registering .139, .139. Our client was subsequently charged with DUI. As a result, she faced a mandatory criminal conviction as well as multiple conditions as part of probation which included a minimum 6 months license suspension. After being retained, we scheduled a meeting with the State Attorney's Office to discuss mitigating issues regarding our client. After said meeting, we were successful in convincing the State to reduce our client's charge from DUI to Reckless Driving, a lesser criminal-traffic offense. Our client received a withhold of adjudication, meaning no points were added to her license and she avoided a criminal conviction. Furthermore, because of the specific circumstances in this case, our client did not have to be placed on probation and suffered no license suspension.

SUCCESSFUL NEGOTIATIONS RESULTS IN REDUCED CHARGE. 2013 Duval County client was pulled over for speeding and crossing into a safety zone on Atlantic Boulevard. The officer made contact with our client and noticed several indicators of impairment including, bloodshot, watery eyes, slurred speech and an odor of alcohol. The officer also noticed our client seemed confused and was fumbling through his wallet. Our client performed several field sobriety exercises. After the exercises, our client was arrested and transported to the Duval County Jail. Once at the Duval County Jail, our client refused to provide a breath sample. After being retained in this case, we looked at the State's evidence and negotiated with the State and they agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, which means no points were added to his license and he avoided a criminal conviction.

DUI CHARGE REDUCED TO A RECKLESS DRIVING ON A 2nd DUI ARREST. 2013 Duval County Client with a prior DUI was initially spotted by a concerned citizen who saw his vehicle weaving between lanes. The police responded to the 911 call and tracked our client as he again demonstrated a similar driving pattern. The police pulled him over and detected an odor of alcohol, slurred speech and bloodshot watery eyes. After initially agreeing to perform field sobriety exercises, our client was prevented from going forward when the officer thought our client was asking too many questions. Our client was arrested and then refused to provide a breath test. After taking a video of the interior of our client's car showing the XM Radio he was using was causing the weaving due to his distracted driving and arguing the officer too quickly rushed to judgment on terminating the field sobriety exercises, we were able to avoid a second DUI conviction . Instead, the State amended the DUI charge to a Reckless Driving, saving our client's driver's license.

SUCCESSFUL NEGOTIATIONS RESULTS IN REDUCED CHARGE. 2013 Duval County client entered a DUI checkpoint. The first officer made contact with our client and noticed that he had an odor of alcohol on his breath and glassy eyes. The officer also noticed our client's movements were slow. Our client then made contact with a DUI officer who also noticed an odor of alcohol, and bloodshot watery eyes. Our client then performed several field sobriety exercises. After the exercises, our client was arrested for DUI. Once at the Duval County Jail our client provided a breath test and a urine test. The urine test revealed multiple controlled substance in our client's system. However, after reviewing the video evidence obtained at the scene of our client performing field sobriety exercises, we were able to convince the State they would have a difficult time convicting our client at trial. As a result, the State agreed to dismiss our client's DUI charge in favor of a lesser criminal offense of Reckless Driving.

CLIENT AVOIDS A DUI CONVICTION BY PLEAING TO REDUCED CHARGE OF RECKLESS DRIVING. A 2013 St. Johns County client was stopped for driving too slow and crossing several lane markers. When the officer made contact with our client he noticed a strong odor of alcohol on his breath, droopy eyelids, bloodshot and glassy eyes. When the officer asked our client to exit his vehicle the officer noticed vomit on the driver's side door and vomit on our client. Our client performed the field sobriety exercises and was thereafter arrested for DUI. At the St. Johns County Jail our client refused to provide a breath sample. After being retained in this case, we presented mitigation evidence that convinced the State to dismiss our client's DUI charge in favor of a lesser criminal offense of Reckless Driving. Our client was not convicted of the lesser offense and received no points on his license.

SUCCESSFUL PRETRIAL MOTION ENDS IN CLIENT AVOIDING DUI OR ANY CRIMINAL CONVICTION. 2013 Nassau County client was pulled over by police in Fernandina Beach for speeding. After being pulled over, the officer noticed an odor of alcohol on our client's breath along with several other indicators of alcohol impairment. The officer began a DUI investigation and requested our client do roadside field sobriety tests. Our client refused to do them and was arrested shortly thereafter. Our client was then offered a breath test and he refused to provide a breath test. Our client was charged with a DUI by the State Attorney's Office. After we were hired, we received all of the reports and a copy of the video of the officer's DUI investigation. After reviewing all of the material, filed a pre-trial motion challenging the legality of the traffic stop of our client. After the pre-trial hearing on our motion was over, but before the judge had ruled, we engaged in negotiations with the State. Based on how the hearing went, we were able to convince the State to dismiss our client's DUI charge. The State amended the DUI charge to a lesser criminal traffic offense of Reckless Driving. Our client also received a withhold of adjudication, meaning he received no points on his license, and he received no driver's license suspension.

CLIENT WITH UNLAWFUL BREATH ALCOHOL LEVEL, CHARGED WITH DUI AND RECKLESS DRIVING, GETS DUI CHARGE DROPPED AFTER SUCCESSFUL NEGOTIATIONS. A 2013 Duval client was stopped in Jacksonville Beach after screeching his tires, speeding, and backing into a curb. He was charged with DUI and Reckless Driving. He submitted to breath tests and the results were over the legal limit. After being retained on the case, we litigated the matter in court and negotiated with the State. As a result of our efforts, our client's DUI charge was completely dropped, and we reached a negotiated plea deal on the lesser remaining charge of Reckless Driving.

CRIMINAL CONVICTION AVOIDED AFTER SUCCESSFUL NEGOTIATIONS. A 2013 Clay County client was arrested for conducting an Open House Party. Our clients roommate was also arrested for the same charge and sentenced to three days in jail. However, after conducting extensive legal research and presenting our arguments to the prosecutor, a negotiated plea was reached in which our client did not receive any jail time or even a criminal conviction.

PRETRIAL MOTION FORCES STATE TO DROP LEAVING THE SCENE CHARGE AND REDUCE A DUI CHARGE TO RECKLESS DRIVING. A 2013 Duval County client was involved in a traffic accident near the intercostal waterway. Our client did not remain at the scene, but was stopped by police a short time later. Our client smelled of alcohol, had bloodshot and watery eyes and was slurring her words. She was asked to complete and did complete the field sobriety exercises. Based on how she did on the field sobriety exercises, our client was arrested for DUI, DUI with Damage and Leaving the Scene of an Accident. Following her arrest, our client provided breath test results of .133 and .142, both over the legal limit. In researching the case, we filed a pre-trial motion seeking to have illegally obtained evidence thrown out. Halfway through the motion hearing, due to our successful questioning of the States investigating officers, the State was forced to offer a plea to a reckless driving with minimal probation. The charge involving Leaving the Scene of an Accident was Dropped.

CLIENT WITH BREATH ALCOHOL LEVEL OF .198, .206 HAD DUI CHARGE REDUCED TO RECKLESS DRIVING. A 2013 Duval County client was driving west on Atlantic Boulevard in poor weather. She began to change lanes and nearly sideswiped a police vehicle in her blind spot. When our client was stopped by the police, she smelled of alcohol and admitted to drinking alcohol prior to driving. A DUI officer was called and an investigation, including field sobriety exercises, was conducted. The DUI officer thought our client was impaired based upon her performance on the exercises and placed her under arrest for DUI. After filing a pre-trial motion, we set up a meeting with the State Attorneys Office and were able to convince the State, despite the breath test results, why they should reduce our clients charges. As a result of our negotiations, we reached a negotiated plea agreement in which our client pled to a lesser criminal traffic offense of reckless driving. Our client was not convicted criminally as a result of the negotiation and our client received no points on her license.

CLIENT, ARRESTED FOR DUI AFTER BACKING INTO A JSO PATROL VEHICLE, AVOIDS CRIMINAL CONVICTION OR LICENSE SUSPENSION. 2013 Duval County client was investigated by police after they had received a citizen complaint. When police arrived, they observed our client behind the wheel of his vehicle and ordered him to turn his vehicle off. Instead, our client began rolling his vehicle backward, causing a minor collision with the responding officers patrol vehicle. When the police came into contact with our client, they saw signs of alcohol impairment and began a DUI investigation. The police requested our client to perform field sobriety exercises and our client refused to perform them. After he refused, our client was arrested. Thereafter, our client was asked to provide a breath sample and he refused. Our client was then charged with DUI. After being retained on the case, we reviewed all of the States evidence and interviewed the States witnesses. Based on the information we learned, we filed multiple pre-trial motions. As a result of the motions filed, we were successfully able to convince the State to drop the DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning he was able to avoid a criminal conviction and no points were added to his license. Our client also was able to successfully able to avoid a license suspension as part of his criminal disposition.

CLIENT ARRESTED FOR DUI BY FLORIDA HIGHWAY PATROL IN NASSAU COUNTY ABLE TO AVOID EVER BEING FORMALLY CHARGED OR CONVICTED OF DUI. 2013 Nassau County client was pulled over by Florida Highway patrol after he tracked her traveling 52 mph in a 35 mph zone along Sadler Road. After the trooper pulled our client over, he smelled alcohol on her breath and allegedly noticed other signs of impairment. He began a DUI investigation and ultimately arrested our client for DUI. She was then taken to the Fernandina Police Department and asked to provide a breath sample and our client refused. We were retained shortly afterward. After being involved with our clients case, all charges were dropped. Our client avoided receiving a criminal conviction or disposition of any kind. In addition, as a result of her arrest and refusal to submit to a breath sample, DMV sought to administratively suspend our clients license. DMV also sought to place the fact our client refused a breath test on her permanent driving record. As part of our representation, we scheduled a hearing with DMV. At the hearing, we questioned the trooper and made arguments to the DMV. As a result of the hearing, we were successful in getting her license suspension overturned. As a result, not only did our client avoid getting an administrative license suspension, but she also kept her driving record from reflecting the fact she refused a breath test.

SUCCESSFUL PRE-TRIAL MOTION LEADS TO STATE DROPPING DUI CHARGE. 2013 Duval County client was observed on Jacksonville Beach driving down 3d Street. A Jacksonville Beach officer saw our client weaving in her lane on multiple occasions and claimed to see our client almost hit a curb. He then performed a traffic stop. After smelling alcohol coming from our client, he decided to begin a DUI investigation. Another officer was called out to perform the DUI investigation. Our client agreed to perform field sobriety exercises. After completing the exercises, our client admitted to drinking alcohol prior to driving and was arrested for DUI. The State ultimately filed DUI charges against our client. After being retained on the case, we examined the States evidence and filed a pre-trial motion challenging the validity of the traffic stop and investigation. A hearing was held on our motion and we were able to convince the presiding judge that the traffic stop was not lawful. As a result of the successful pre-trial motion, the State was forced to drop all charges on our client. As a result, our client was able to avoid a DUI conviction or criminal disposition of any kind.

SUCCESSFUL NEGOTIATIONS LEADS TO CLIENT AVOIDING A DUI OR CRIMINAL CONVICTION. 2013 Duval County client was pulled over by Jacksonville police for having an expired tag. After pulling our client over, the police noticed signs of alcohol consumption and impairment and decided to perform a DUI investigation. As part of the DUI investigation, our client agreed to perform roadside field sobriety exercises. The officer did not believe our client successfully performed the exercises and placed our client under arrest for DUI. After he was arrested, our client allegedly refused to provide a breath alcohol sample. The State then charged our client with DUI. After being retained on the case, we litigated the matter in court and negotiated with the State. As a result of our efforts, our clients DUI charge was dismissed in favor of a lesser traffic offense of Reckless Driving. Additionally, our client was able to receive a withhold of adjudication, meaning he avoided a criminal conviction and received no points on his license.

CLIENT WHO BLEW OVER THE LEGAL LIMIT AVOIDS A DUI OR CRIMINAL CONVICTION. 2013 Duval County client was pulled over by Jacksonville police after they tracked her traveling 58 mph in a 30 mph zone. After the police made contact with our client, they smelled alcohol on her and decided to do a DUI investigation. Our client agreed to perform field sobriety exercises. As part of the exercises, our client was asked to recite the alphabet, which she had difficulty doing. Our client was thereafter arrested and agreed to provide a breath sample. Our clients breath samples registered 0.12 and 0.11, both over the legal limit. After being retained on the case, we entered into negotiations with the State. As a result of our efforts, our clients DUI charge was dismissed in favor of a lesser traffic offense of Reckless Driving. Our client also was able to receive a withhold of adjudication, meaning she avoided a criminal conviction and received no points on her license.

CLIENT INVOLVED IN A TRAFFIC ACCIDENT THAT BLEW OVER THE LEGAL LIMIT ABLE TO AVOID A DUI OR CRIMINAL CONVICTION. 2013 Duval County client was involved in a traffic crash at Post Street and Old Roosevelt Blvd. After police responded to the crash, they noticed our client smelled of alcohol and showed other signs of impairment and began a DUI investigation. Our client admitted to drinking alcohol prior to driving. After our client submitted to field sobriety exercises, the responding police decided to arrest our client for DUI. After arrest, our client submitted to an intoxilyzer which registered two samples over the legal limit. After being retained on the case, we entered into negotiations with the State. As a result of our negotiations, our clients DUI charge was dismissed in favor of a lesser traffic offense of Reckless Driving. Our client also received a withhold of adjudication, meaning he avoided a criminal conviction and received no points on her license.

NASSAU COUNTY CLIENT ARRESTED FOR DUI GETS CHARGES DROPPED. 2013 Nassau County client was observed by Florida Highway Patrol swerving down State Road 200. The trooper allegedly saw our client drive off the roadway and onto the grassy shoulder on multiple occasions. After the trooper claimed to have seen this, he performed a traffic stop on our client. After performing the stop, the trooper saw signs of impairment by alcohol and conducted a DUI investigation, which included our client performing field sobriety exercises. The trooper believed our client was impaired by alcohol and arrested our client for DUI. After arrest, our client refused to provide a breath sample and was formally charged by the State with DUI. After we were retained we reviewed the States evidence and began negotiations with the State. As a result of our negotiations, our clients DUI charges were dropped. Our client avoided having to pay the substantial fines or serving a minimum-mandatory license suspension. Our client also avoided having a permanent criminal conviction or criminal disposition of any kind on her record.

DEFENSE ARGUMENTS AT PRE-TRIAL HEARING LEAD TO CLIENT AVOIDING A DUI CONVICTON. 2013 Duval County client was stopped by police after a citizen flagged down police. Once the police began their investigation, they observed signs of alcohol impairment and began a DUI investigation. After our client completed field sobriety exercises, the police arrested our client for DUI. After arrest, our client refused to provide a breath sample and was ultimately charged with DUI. After we were retained on the case, we researched the States evidence and filed pre-trial motions challenging the legality of the DUI investigation. As a result of the motion, our clients charges were reduced from a DUI to a lesser traffic offense of Reckless Driving. Our client did not receive a criminal conviction and did not get any points on his license as a result of the disposition.

SUCCESSFUL NEGOTIATIONS ALLOWS CLIENT TO AVOID A DUI OR CRIMINAL CONVICTION. 2013 Duval County client was pulled over by Atlantic Beach police on Atlantic Boulevard for speeding 50 mph in a 35 mph zone. After being pulled over, the officer believed our client had been drinking and decided to begin a DUI investigation. As part of the DUI investigation, the officer directed our client to perform roadside sobriety exercises. Our client had difficulty doing the exercises, so the officer arrested him for DUI. After arrest, our client provided two breath samples that were over the legal limit. After receiving the case, we engaged in negotiations with the State. As a result of the negotiations, our clients DUI charged was dismissed and changed to a Reckless Driving offense. Our client did not receive a criminal conviction and did not get any points on his license as a result of the disposition.

CLIENT INVOLVED IN A TRAFFIC COLLISION AND WHO REFUSED FIELD SOBRIETY EXERCISES AND A BREATH TEST AVOIDS A DUI CONVICTION. 2013 Baker County client rear ended a vehicle stopped in the roadway on County Road 125. After the crash, police responded and noticed possible signs of alcohol consumption on our client. The police were reported to have detected an odor of alcohol on our client as well as noticing he was unsteady on his feet. When asked if he would submit to roadside sobriety exercises, our client refused to perform them and was arrested thereafter. He was then directed to submit to a breath test and our client refused. Upon reviewing the State's evidence, we filed a pre-trial motion challenging the legality of multiple parts of the officers' investigation of our client. After filing the motion we also negotiated with the State regarding the issues of our client's case. After these issues were discussed, the State was convinced to drop our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client not only avoided a DUI conviction, but also avoided getting a license suspension as part of the disposition.

ANOTHER CLIENT AVOIDS DUI OR CRIMINAL CONVICTION. 2013 Duval County client was stopped by a JSO officer for driving over lane markers several times and drifted within the lane. The officer cited our client for failing to maintain a single lane. The officer made contact with our client and noticed signs of impairment that included red, watery eyes and slurred speech. The officer also noted our client was wobbly and unsteady. Our client performed the field exercises and was arrested for DUI. After arrest our client provided a breath sample of .12, .12. After being retained in this case we engaged in negotiations with the State. After these negotiations, we were able to convince the State to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning she was not convicted of a crime and she received no points on her license.

SUCCESSFUL NEGOTIATIONS LEAD TO REDUCTION IN CHARGES. 2013 Duval County client was involved in a traffic accident. When the police arrived, he made contact with our client, who was sitting in the driver's seat of his vehicle. The Officer also noticed signs of impairment that included slurred speech and bloodshot watery eyes. Our client also fell back against his vehicle after the officer asked him to exit. Our client performed the field sobriety exercises and was ultimately arrested for DUI. After arrest, our client provided a breath sample which showed his breath alcohol level was over the legal limit. After being retained in this case, we looked at the State's evidence and negotiated with the State. After negotiations, the State agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving.

FELONY DUI ARREST CHARGES REDUCED TO A MISDEMEANOR. CLIENT ALSO AVOIDS A CRIMINAL CONVICTION. 2013 Duval County client was involved in a traffic accident and was determined to be the at-fault driver. When the Florida Highway Patrol Officers arrived they made contact with our client in the back of an ambulance. The Officer noticed signs of alcohol impairment and asked our client to provide a blood sample. Our client provided a blood sample and when the results came back from the FDLE our client was arrested for a felony, DUI with Serious Bodily Injury. After being retained in this case, we filed pre-trial motions and had a hearing challenging the legality of the Trooper's authority to request blood from our client. After the hearing was held, we were successfully able to convince the State to dismiss our client's DUI charge in favor of a lesser, misdemeanor, traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning she was not convicted of a crime and she received no points on her license.

CLIENT ARRESTED FOR DUI AND FOUND TO HAVE HAD MULTIPLE CONTROLLED SUBSTANCES IN HER SYSTEM AVOIDS DUI CONVICTION. 2013 Duval County client was stopped by a JSO officer for failing to maintain a single lane. Our client drove off the road at least three times and onto the grass shoulder as well as into oncoming traffic. The officer made contact with our client and noticed signs of impairment that included watery eyes and slurred speech. The officer also indicated our client appeared sleepy. Our client performed the field exercises and showed signs of impairment. After he performed the exercises, she was arrested for DUI. After arrest our client provided a breath sample and a urinalysis, which showed the presence of five (5) different controlled substances. After being retained in this case, we looked at the State's evidence and negotiated with the State. After negotiations, the State agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving.

STATE AGREES TO REDUCE DUI CHARGE TO LESSER TRAFFIC OFFENSE. 2013 Duval County client was stopped by FHP for speeding. Once the trooper made contact with our client he noticed signs of impairment that included staggering, flushed face, slurred speech, bloodshot watery eyes and an odor of alcohol coming from her breath. Our client performed the field exercises and was arrested for DUI. After arrest our client provided a breath sample, which showed the presence of alcohol in our client's system. After being retained in this case, we looked at the State's evidence and initiated negotiations with the State. After these negotiations, the State agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving.

CLIENT AVOIDS DUI OR ANY CRIMINAL CONVICTION AFTER SUCCESSFUL NEGOTIATIONS. 2013 St. Johns County Client was stopped because she was not driving within her lane. At certain points, the police viewed her driving off of the roadway onto a grassy area on the side of the road. Once the officer made contact with our client he noticed signs of impairment that included a strong odor of alcohol. Once our client was asked to exit the vehicle she used the door to steady herself. Our client refused to perform field exercises and was arrested for DUI. After arrest, our client refused to provide a breath sample. After being retained in this case, we negotiated with the State. After negotiations, the State agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning she was not convicted of a crime and received no points on her license.

SUCCESSFUL PRE-TRIAL NEGOTIATIONS RESULT IN CLIENT NOT RECEIVING A DUI CONVICTION. A 2012 Duval County client was stopped by police when attempting a three point turn and nearly backed into a parked police vehicle. Our client was detained and supposedly exhibited signs of impairment including the odor alcohol, slurred speech and poor performance on the field sobriety exercises. Our client was also found to have an open beer in the center console of the car. Our client was arrested for DUI and ultimately refused to provide a breath sample. After pre-trial negotiation, our client's charge was reduced from a DUI to Reckless Driving. As part of the deal, our client was able to avoid receiving a criminal conviction and was able to avoid any suspension or points to his license.


CLIENT WHO LEFT THE SCENE OF A CRASH AVOIDS DUI CONVICTION.
2012 Duval County client was driving downtown when she struck an unattended, parked vehicle. After striking the vehicle, our client continued to drive away from the scene. After doing so, the police responded and began tailing our client. Our client then proceeded to turn the wrong way down a one way street, striking another parked vehicle. She was immediately stopped and investigated for DUI by the police. Our client showed several signs of intoxication and admitted that she should not have been driving. She was arrested and refused to provide a breath sample. After we were retained on this case, we researched the facts of the case and spoke with witnesses. This investigation formed the basis of a pre-trial motion that we filed on our client's behalf. After the motion hearing, the judge agreed to throw out some of the evidence obtained by the government during the course of the investigation. As a result of the successful defense motion, the State agreed to allow our client to enter a plea to a lesser traffic offense of Reckless Driving. Our client did not receive a criminal conviction and was also able to avoid any suspension or points added to her driver's license.

CLIENT SUCCESSFULLY AVOIDS DUI CHARGE DUE TO A DEFENSE PRE-TRIAL MOTION. 2012 Duval County client was arrested for DUI after being involved in a crash. Client sideswiped another vehicle, driving down Atlantic Boulevard. When officers arrived, they noticed what they believed were signs of alcohol impairment and began a DUI investigation on our client. They requested our client perform roadside field sobriety exercises and our client refused to perform them. Our client was then arrested and she refused to provide a breath sample. The State Attorney's Office charged our client with Driving Under the Influence. After being retained on this case, we researched all of the police reports and talked with all of the witnesses. Based on this investigation, we filed a pre-trial motion to suppress asking the court for a hearing so that we could argue that the judge needed to throw out evidence in the case. Before the hearing was completed, our client's DUI charge was dropped in place of a lesser criminal traffic offense of Reckless Driving. Our client was able to avoid a conviction for any criminal offense, license suspension, or any points being added to her driver's license.

CLIENT AVOIDS THIRD DUI CONVICTION. 2012 Nassau County client was pulled over by the Florida Highway Patrol for speeding 44 miles per hour in a 30 mile per hour zone. Once our client was pulled over, the officer noticed signs of alcohol consumption and began a DUI investigation. After the investigation, our client was arrested for DUI. Our client refused to give a breath sample. He was charged with DUI and was facing penalties for a third DUI conviction within ten years, which included minimum/mandatory jail time and a 10 year driver's license suspension. After completing a pre-trial defense motion, the State agreed to drop the DUI charge for a plea to Reckless Driving. In so doing, our client avoided serving any jail time or having any suspension on his driver's license.

CLIENT WITH BREATH TEST RESULTS ALMOST TRIPLE THE LEGAL LIMIT AVOIDS DUI CONVICTION. 2012 Nassau County client was pulled over by police because he was having difficulty driving within his lane. After he was pulled over, the officer smelled an odor of alcohol and other signs of impairment. The officer had our client perform field sobriety exercises. After our client performed the exercises, he was placed under arrest and provided two breath samples both almost triple the legal limit: 0.22; 0.23. The Defendant was charged with a DUI with enhancements, which included a potential penalty of increased fines and an interlock device. After receiving the case, we filed pre-trial motions. After hearings, we negotiated with the State Attorney's Office. We were successful in convincing the State to drop our client's DUI charge in lieu of a disposition for Reckless Driving, avoiding all of the minimum mandatory DUI penalties and enhancements.

STATE FORCED TO DROP DUI CHARGE AFTER DEFENSE WINS PRE-TRIAL MOTION. 2012 Duval County client was followed by police after they observed her weaving in her lane. The officer stated he believed she was impaired, so they decided to pull her over. A DUI investigation ensued after the officer allegedly displayed signs of alcohol impairment and our client was arrested for DUI. Our client then was asked to provide a breath sample, and she refused to provide one. Thereafter, the State charged our client with a DUI. After reviewing the evidence, we discovered that there was no legal basis for the officer to pull our client over. As a result, we filed a pre-trial motion requesting the court to throw out all of the evidence obtained as a result of the invalid traffic stop. After having a hearing on our pre-trial motion, the judge agreed with us and found that the traffic stop was unlawful. Because this resulted in all of the State's evidence being thrown out, the State was forced to drop all charges against our client.

CLIENT SUCCESSFULLY ABLE TO AVOID A THIRD DUI CONVICTION. 2012 Nassau County client was pulled over by police for speeding. After being pulled over, the officer noticed signs of possible alcohol impairment and began a DUI investigation. The DUI investigation included our client performing roadside field sobriety exercises. The officer noticed several signs of alcohol impairment and placed our client under arrest for DUI. Our client then refused to provide a breath sample. Our client was charged with DUI. A conviction would have been his third DUI conviction, which would have resulted in a substantial loss of driving privileges, two years of an interlock device, and more. After reviewing the State's evidence, we discovered police conduct that would result in the field sobriety exercises being thrown out. We brought this to the State's attention and were able to successfully negotiate a reduction of charge. The Defendant's DUI charge was dismissed, and the Defendant was allowed to plea to a lesser traffic offense of Reckless Driving.

SUCCESSFUL PRE-TRIAL MOTION LEADS TO DUI CHARGES BEING DROPPED. 2012 Duval County client was stopped at a DUI checkpoint. After the officer allegedly noticed signs of alcohol impairment, the police began a DUI investigation. Our client was asked to submit to roadside field sobriety exercises and our client refused to perform them. Our client was arrested for DUI and then asked to submit to a breath sample. Our client also refused to provide a breath sample. Our client was charged with DUI. Upon looking at the State's evidence, we discovered flaws in the checkpoint, which made the checkpoint illegal. Based upon this discovery, we filed a pre-trial motion to suppress, requesting the court throw out all of the evidence obtained as a result of the flawed checkpoint. The court granted our motion, which resulted in the State being forced to drop all charges against our client.

CLIENT CHARGED WITH TWO DUI WITH DAMAGE COUNTS AVOIDS PROSECUTION AFTER CHARGES ARE DISMISSED. 2012 Duval County client was charged with two DUI with Damage counts. After looking at the State's charging document, we discovered a flaw that became the basis of a pre-trial motion to dismiss. After a hearing, a judge agreed with our motion and our client's DUI charges were dismissed.

SUCCESSFUL NEGOTIATIONS ALLOW CLIENT TO AVOID A SECOND DUI CONVICTION. 2012 Nassau County client was pulled over by Florida Highway Patrol for speeding. After being pulled over, the trooper began a DUI investigation after he noticed multiple signs of alcohol impairment. After our client submitted to field sobriety exercises, our client was arrested for DUI. He subsequently provided to breath samples that were over the legal limit. After reviewing the evidence, we negotiated with the State and were successfully able to get the State to agree to dismiss our client's DUI charge. Our client's charge was amended to a lesser traffic offense of Reckless Driving and he was able to avoid a further suspension of his driver's license.

SUCCESSFUL NEGOTIATIONS ALLOW CLIENT TO AVOID DUI CONVICTION. 2012 Nassau County client was pulled over by the Florida Highway Patrol after our client swerved into and almost sideswiped the Highway Patrol trooper. After our client was pulled over, the trooper noticed signs of alcohol impairment on our defendant. The trooper also noticed that our client had urinated on himself. After a DUI investigation was conducted, our client was arrested for DUI. After arrest, our client refused to provide a breath sample and was thereafter charged with a DUI. After we were retained on the case, we began negotiations with the State. After these negotiations, we were successfully able to convince the State to amend his charge to a lesser traffic offense of Reckless Driving, thereby allowing him to avoid a DUI conviction.

CLIENT ON FOURTH DUI SUCCESSFULLY ABLE TO AVOID CONVICTION FOR A FELONY, PRISON, AND LIFETIME DL SUSPENSION. 2012 St. Petersburg client was found by police slumped over in his vehicle with the vehicle on. The police noticed our client appeared impaired and had our client perform roadside field sobriety tests. There was a video recording of the DUI investigation, and the video reflected substantial impairment from our client. Our client was arrested and provided three breath alcohol samples that were more than triple the legal limit (0.284; 0.255; 0.258). Since this was our client's fourth DUI, our client was charged with a Felony DUI. After reviewing all of the State's evidence, we entered into negotiations with the State of Florida, and pointed out weaknesses in the State's case. After negotiations, we were successfully able to persuade the State of Florida to reduce our client's charge from a Felony DUI to a misdemeanor DUI. The plea negotiations allowed our client to avoid a possible prison sentence and to avoid a lifetime driver's license suspension.

CLIENT INVOLVED IN A TRAFFIC CRASH AND ARRESTED FOR DUI AVOIDS DUI CONVICTION. 2012 Duval County client was involved in a traffic crash. The police smelled alcohol and decided to begin a DUI investigation. Our client admitted to drinking alcoholic beverages prior to driving. As a result, the police had our client submit to roadside field sobriety testing. Our client had difficulty doing the exercises and was then arrested for DUI. Our client then refused to provide a breath alcohol sample. After receiving the case, we filed pre-trial motions. Because of the pre-trial motions, the State Attorney's Office agreed to reduce our client's charge from a DUI to a lesser traffic offense of Reckless Driving. Our client had his adjudication withheld, thereby avoiding a criminal conviction. Furthermore, our client avoided receiving any points on his license and a minimum driver's license suspension.

SUCCESSFUL NEGOTIATIONS WITH THE STATE ALLOWS CLIENT TO AVOID DUI CONVICTION OR LICENSE SUSPENSION. 2012 Duval County client was pulled over by police for committing a traffic offense. Because the officer smelled alcohol on our client and noticed other possible signs of alcohol impairment, he began a DUI investigation. There was video showing the investigation, including our client's performance on the roadside field sobriety exercises. The video showed that our client had a lot of difficulty doing the tests. As a result, our client was arrested for DUI and then refused a breath test. After receiving the case, we began negotiations with the State Attorney's Office. The negotiations were successful, and the State agreed to reduce our client's DUI charge to Reckless Driving. Also, they agreed to withhold adjudication. As a result, our client was able to avoid a criminal conviction and points on her license.

CLIENT CHARGED WITH A SECOND DUI IN 5 YEARS FOUND NOT GUILTY AT TRIAL. 2012 Ocala client was stopped by police after they estimated she was traveling in excess of 90 m.p.h.. After being pulled over, the officer noticed multiple signs of alcohol impairment and had our client perform roadside field sobriety tests. After she attempted the exercises, she was arrested for DUI. This was her second DUI within a 5 year period. Under Florida law, if convicted, our client would have had to serve a minimum mandatory jail sentence, as well as a 5 year license suspension. After receiving the case, we filed pre-trial motions challenging the legality of the investigation conducted. The judge agreed with our motions, throwing out most of the evidence of the DUI. As a result, the State of Florida reduced the charge to Reckless Driving based on the speed our client had been driving. We took the case to trial and the judge found our client NOT GUILTY of Reckless Driving.

EVIDENCE DISCOVERED BY DEFENSE LEADS TO A REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION. 2012 St. Johns County client was involved in a traffic accident. When the St. Johns County Sheriff's officer arrived they determined our client to be at fault. The Officer also noticed signs of impairment that included an odor of alcohol, slurred speech and bloodshot watery eyes. Our client refused to perform the field sobriety exercises. The officer arrested our client for DUI. After arrest, our client refused to provide a breath sample. After being retained in this case, we looked at the State's evidence and presented the State with evidence we discovered that was in our client's favor. The State agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning he was not convicted of a crime and received no points on his license.

DEFENSE HELPS CLIENT FOUND BY POLICE SLUMPED OVER AT THE WHEEL AVOID A DUI OR OTHER CRIMINAL CONVICTION. 2012 St. Johns County client was stopped by an officer after he was observed slumped over the wheel of his vehicle. When the St. Johns County Sheriff's officer arrived he made contact with our client and noticed signs of impairment that included a strong odor of alcohol, slurred speech and bloodshot watery eyes. The officer asked our client to perform field sobriety exercises. The officer thereafter arrested our client for DUI and our client thereafter refused to provide a breath sample. After being retained in this case, we reviewed the State's evidence and began negotiating for our client. We were able to convince the State to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning he was not convicted of a crime and received no points on his license.

SUCCESSFUL NEGOTIATIONS HELP CLIENT AVOID A DUI CONVICTION. 2012 St. Johns County client was stopped for careless driving. The St. Johns County Sheriff's officer made contact with our client, smelled an odor of alcohol, and noticed other signs of alcohol impairment. Our client agreed to do roadside field sobriety tests. After our client performed the tests, he was arrested for DUI. After arrest, our client refused to provide a breath sample. After being retained in this case, we reviewed the State's evidence and began negotiating with the State. After negotiations, the State agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning he was not convicted of a crime and received no points on his license.

SUCCESSFUL NEGOTIATIONS RESULT IN NO FELONY CONVICTION. 2012 Duval County client was charged with multiple felony drug charges. If prosecuted, our client was facing a mandatory prison sentence. Due to our successful negotiations with the State, our client was permitted to participate in a diversion program. As a result, our client will not have to go to jail and will not be a convicted felon.

EVIDENCE DISCOVERED BY THE DEFENSE LEADS TO A REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION.
2012 Duval County client was stopped by a Jacksonville Beach Officer for several traffic infractions. The officer approached our client and noticed signs of impairment that included an odor of alcohol, bloodshot, and watery eyes. An officer from the Jacksonville Sheriff's office arrived and relocated our client to perform field sobriety exercises where she performed poorly. The officer arrested our client for DUI. After arrest, our client refused to provide a breath sample. After being retained in this case, we looked at the State's evidence and presented the State with our evidence and they agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning she was not convicted of a crime and received no points on his license.

DEFENSE HELPS CLIENT AVOID PRISON SENTENCE. 2012 Duval County client was charge with several firearm related offenses. He was already on probation for a misdemeanor charge. After we presented mitigation evidence to the State and pointed out weaknesses in the case against our client, we were able to convince the State to permit him to avoid a felony conviction and a prison sentence.

SUCCESSFUL NEGOTIATION LEADS TO A REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION. 2012 St. Johns County client was involved in a traffic accident. When the St. Johns County Sheriff's officer arrived he determined our client to be at fault. The Officer also noticed signs of impairment that included an odor of alcohol, slurred speech and bloodshot watery eyes. The officer asked our client to perform field sobriety exercises. The officer arrested our client for DUI. After arrest, our client provided a breath sample( over two times the legal limit). After being retained in this case, we looked at the State's evidence and presented the State with our evidence and they agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning he was not convicted of a crime and received no points on his license.

SUCCESSFUL NEGOTIATIONS LEAD TO REDUCTION OF CHARGES. 2012 Duval County Client was arrested for DUI. The officer initially observed the vehicle speeding. Our client responded to the emergency equipment in a safe and normal manner. The officer detected an odor of an alcoholic beverage emitting from our client. Based on the odor of an alcoholic beverage, the officer had our client exit the vehicle in order to conduct a DUI investigation. Once out of the vehicle, our client admitted to drinking one alcoholic beverage. Our client submitted to field sobriety exercises at the command of the officer. Our client was then arrested and charged with DUI. Upon arrival at the jail, our client refused to provide the police with a breath sample. A careful study of the State's evidence revealed that the police did not make a legal arrest for DUI. We then met with the State of Florida and convinced the State to dismiss the DUI charge. Our client entered a plea to a lesser included traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning that our client was not convicted criminally and had no points assessed on our client's driver's license.

SUCCESSFUL PRE-TRIAL MOTION LEADS TO CHARGES DROPPED FOR CLIENT WITH PRIOR DUI RECORD.
2009 Duval County Client was arrested for DUI. The client faced a permanent revocation of his license if convicted of this offense. An officer was stopped at a red light and began running the tags in front of him. The officer found that one of the registered owners of the vehicle in front of him had a suspended license. The officer pulled our client over. The officer noted an odor of alcohol emitting from the vehicle and began a DUI investigation. At the conclusion of the officers' investigation, our client was arrested for DUI. Upon arrival at the jail, our client submitted to a breath test. Our client blew over the legal limit of .08. At a hearing before the Court, the first officer testified about the event. Based on the testimony and information garnered at the hearing, the Court granted our client's motion, which suppressed the State's evidence. As a result of this successful pre-trial motion, all charges against our client were dismissed.

SUCCESSFUL NEGOTIATIONS WITH THE STATE LEAD TO CLIENT NOT RECEIVING A CRIMINAL CONVICTION OR POINTS ON HIS LICENSE. 2012 Duval County client pulled over by police for failing to maintain single lane, and for suspicion of being ill, tired, or impaired. The officer had our client perform field exercises and decided to arrest our client for DUI. After arrest, our client refused to provide a breath sample. Thereafter, the State charged our client with DUI. After receiving the State's evidence, we were successfully able to argue to the State that the officer did not have probable cause for an arrest. As a result of our negotiations, the State agreed to dismiss our client's DUI charge. Our client pled to a lesser traffic offense or Reckless Driving. Our client also received a withhold of adjudication, meaning that he did not get a criminal conviction over the incident, and he also received no points on his license.

PERSISTENT NEGOTIATIONS LEAD TO A REDUCTION OF CHARGES AND NO CRIMINAL CONVICTION. 2012 Duval client stopped by a police officer for speeding. After the officer noticed signs of impairment, he asked our client to perform roadside field sobriety exercises. Our client performed the exercises with difficulty and was ultimately arrested. After arrest, he refused to provide a breath sample. Our client was charged with DUI. Our persistent negotiations ultimately led to the State, just before a jury trial, agreeing to reduce our client's charge to Reckless Driving. Our client received a withhold of adjudication, meaning he did not receive any criminal conviction or points to his license.

DEFENSE DISCOVERY OF AN ISSUE CALLING INTO QUESTION THE LEGALITY OF A TRAFFIC STOP LEADS TO CLIENT'S CHARGE BEING REDUCED. 2012 St. Johns County Client was pulled over by police because he was allegedly driving on the wrong side of the road. After the traffic stop, the officer decided to begin a DUI investigation, which included him asking our client to do field sobriety exercises. Our client refused to perform the exercises and was arrested for DUI. After arrest, our client then refused to provide a breath sample. The State then charged our client with DUI. After being retained on the case, we looked at all of the State's evidence and discovered that the officer's decision to pull our client over was not legal. After this was presented to the State, they agreed to dismiss our client's DUI charge and amend it to a lesser traffic offense of DUI. Our client received a withhold of adjudication, meaning he was not convicted of a crime over the incident, and his license received no points.

DEFENSE DISCOVERY OF GAPS IN STATE'S CASE LEADS TO A REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION. 2012 Duval County client was arrested for DUI. When the police arrived, they found a car in the ditch with our client outside of the vehicle. The officer noticed signs of impairment and conducted a DUI investigation, which included the performance of field sobriety exercises. Our client was arrested for DUI, whereupon, he refused to provide a breath sample. After being retained, we discovered there was a lack of evidence justifying the investigation. We then presented this discovery to the State and, as a result, the State agreed to dismiss our client's DUI charge. Our client pled to a lesser traffic offense of Reckless Driving. He received a withhold of adjudication, meaning that he received no criminal conviction or points on his license.

DEFENSE PRE-TRIAL MOTION LEADS TO A REDUCTION OF A DUI CHARGE AND NO CRIMINAL CONVICTION. 2012 Duval County client was pulled over by the Florida Highway Patrol for speeding at 50 m.p.h. in a 35 m.p.h. zone. After pulling our client over, the patrolman noticed signs of impairment that included an odor of alcohol, slurred speech, and a flushed face. Our client also admitted to drinking alcohol prior to driving. The patrolman had our client perform roadside field sobriety tests. After having difficulty doing the tests, the patrolman decided to arrest our client for DUI. After arrest, our client refused to provide a breath sample. After being retained in this case, we looked at the State's evidence and filed pre-trial motions and had a hearing challenging the legality of the patrolman's investigation. After the hearing was held, so many issues were revealed to the State, they agreed to dismiss our client's DUI charge in favor of a lesser traffic offense of Reckless Driving. Our client received a withhold of adjudication, meaning she was not convicted of a crime and she received no points on her license.

DEFENSE DISCOVERY OF OFFICER MISINFORMING CLIENT ABOUT THE LAW DURING AN INVESTIGATION LEADS TO DUI CHARGES GETTING REDUCED. 2012 Duval County client was pulled over by a DUI officer after he observed her make a wide right turn and running up onto a concrete center median. After being pulled over, the officer noticed our client smelled like she had been drinking, had slurred speech, bloodshot eyes, and a flushed face. Our client also admitted to drinking alcohol prior to driving. The DUI officer then began a DUI investigation, which included our client performing roadside field sobriety tests. Our client had difficulty successfully doing the exercises and was arrested for DUI. After receiving the State's evidence, we discovered that our client was misinformed about Florida law by the DUI officer. After we presented this discovery to the State, they agreed to dismiss our client's DUI charge. Our client pled to a lesser traffic offense of Reckless Driving. She received a withhold of adjudication, meaning she received no criminal conviction or points on her license.

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. 2011Duval 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. 2009Duval 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. 2011Duval 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.

CLIENT WHO HAD PREVIOUSLY ENTERED A PLEA TO DUI HAS PLEA WITHDRAWN AND CASE IS RESOLVED WITHOUT A CRIMINAL CONVICTION – 2011 Duval County client was pulled over by the police for speeding 69 m.p.h. in a 45 m.p.h. zone. After the officer pulled our client over, they noticed several signs of alcohol impairment. Police also found a rum and coke in the console of our client's vehicle. Our client was arrested and went to jail pending his first appearance. Our client then entered a plea to the DUI charge and was adjudicated guilty. After this plea was entered, our client came to us to see if his plea could be undone . After filing motions, we were successfully able to have our client's case reopened so that his case could be given a proper defense. After his case was opened, the Defense met with the State and negotiated a reduction of charges. 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, meaning that no points were assessed to his license, and he did not receive any license suspension.

WEAKNESSES WE IDENTIFIED IN THE STATE'S CASE LEAD TO DUI CHARGES BEING REDUCED AND NO CRIMINAL CONVICTION. 2011 Duval County client was pulled over for running a stop sign. After she was pulled over, the officer began a DUI investigation. Based on our client's difficulty performing the roadside field sobriety tests, our client was arrested for DUI. After arrest, our client refused to provide a breath sample. Upon reviewing the State's evidence, we discovered flaws in the video of the DUI investigation that called into question the reliability of what the officer had reported. After these flaws were presented to the State, they were convinced to reduce our client's DUI charges to a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning that she was not convicted criminally and she had no points assessed to her driver's license.

INVESTIGATION LEADS TO DISCOVERY OF HOLES IN THE STATE'S EVIDENCE AND THE REDUCTION OF DUI CHARGES. 2011 Duval County client hit two parked vehicles while driving in a parking lot. After the officers reported that they had noticed possible indicators of alcohol impairment, they began a DUI investigation on our client. Our client refused to perform roadside field sobriety tests and, after she was arrested, refused to submit to a breath test. After receiving the case, we spoke with all of the State's witnesses. Based on our questioning, we revealed that different officers had conflicting accounts of what had happened. The conflicts we uncovered raised doubt in the State's ability to prove the DUI charges. As a result of the conflicts we discovered, the State agreed to dismiss the DUI charges and proceed on a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning she was not convicted of a crime and no points were assessed to her driver's license.

CLIENT WITH A BLOOD ALCOHOL LEVEL MORE THAN DOUBLE THE LEGEL LIMIT AND INVOLVED IN TWO ACCIDENTS HAS CHARGES DROPPED – 2011 Clay County client was involved in two accidents in one night. Police investigation of the first crash concluded that our client was driving on the wrong side of the road prior to crashing into two vehicles and then fleeing the scene. While investigating this accident, the police learned that our client was allegedly involved in a second crash incident at a gas station. The police found our client and conducted a DUI investigation, revealing signs of possible alcohol consumption. Our client agreed to perform roadside field sobriety exercises and was arrested after performing poorly on the tests. Our client was then released from custody after providing a blood result which revealed a blood alcohol level of 0.167 and 0.168 – both samples over double the legal limit. Once the blood results were known, a warrant was issued for her arrest and she turned herself in. The State of Florida thereafter charged our client with DUI with Damage charges. Upon receipt of our client's case, we discovered that the State's decision to file criminal charges on our client ran contrary to the time requirements set out by law. We filed a pre-trial motion demanding that charges be dismissed against our client. As a result of our filing of the motion, the State of Florida was forced to drop all charges against our client.

ISSUES RAISED CONCERNING THE LEGALITY OF A TRAFFIC STOP LEADS TO REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION. 2011 Duval County client was stopped by police because they observed him weaving across lanes and littering from his vehicle. After our client was pulled over, police saw an open container of alcohol in his car. They began a DUI investigation and, after he had difficulty with roadside field sobriety testing, he was arrested. Our client then refused to provide a breath sample. After receiving the case, we were successful in placing doubt on the legality of the officer's decision to pull our client over. We negotiated with the State and convinced them to dismiss the DUI charge and proceed on a lesser traffic offense of reckless driving. Our client resolved his case a withhold of adjudication, meaning that he received no criminal conviction and had no points assessed on 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 on the Buckman Bridge. Our client was deemed by police to be the at-fault driver. Officers also suspected that our client was under the influence of alcohol and decided to conduct a DUI investigation. After our client attempted the field sobriety tests, he was arrested for DUI. Our client submitted to a breath test and provided breath samples over the legal limit. 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 resolved his case a withhold of adjudication, meaning that he received no criminal conviction and had no points assessed on his driver's license.

DISCOVERY OF POLICE COERCION LEADS TO REDUCTION OF DUI CHARGE - 2011 Nassau County client was stopped by police after he was observed driving the wrong direction towards Callahan. Our client admitted to the police to drinking 5 beers prior to driving and performed poorly on roadside sobriety tests. He was arrested and then refused to provide a breath sample. Upon examination of the State's evidence, we discovered that the arresting officer unlawfully coerced our client into performing the field sobriety tests. After sharing our discovery with the State of Florida, they agreed to dismiss our client's DUI charges and resolve the case as a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning he was not convicted of any crime and no points were assessed to his driver's license.

DISCOVERY OF IMPROPER PROCEDURE RESULTS IN DUI CHARGES BEING REDUCED AND NO CRIMINAL CONVICTION – 2011 Clay County client was pulled over after an officer observed our client having difficulty driving within his lane of travel. After being pulled over, the officer noticed multiple signs of possible alcohol impairment from our client. After performing roadside sobriety tests poorly, our client was arrested for DUI. Our client then submitted to a breath test and provided two results over the legal limit. Upon receipt of our client's case, we discovered that the police failed to follow legal standards in administering the breath sample. As a result of our discovery, the State agreed to dismiss our client's DUI charges and resolve his case as a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning he was not convicted of any crime and no points were assessed to his driver's license.

CONFLICTS DISCOVERED IN THE STATE'S EVIDENCE RESULT IN REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION – 2011 Duval County client was involved in a traffic accident prompting a citizen to call the police. When they arrived, the officers felt our client was not acting normally and began a DUI investigation. Our client refused to perform roadside sobriety exercises, but was arrested based on other factors allegedly observed by the officers. Our client also refused to submit to a breath test and was ultimately charged with DUI. Investigation of our client's case revealed inconsistencies in eye witness testimony regarding our client's sobriety. Based on these inconsistencies, we negotiated with the State of Florida. After negotiations, we convinced the State of Florida to dismiss our client's DUI charges and resolve the case as a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning she was not convicted of any crime and no points were assessed to her driver's license.

INCONSISTENCIES IN THE STATE'S EVIDENCE LEADS TO A REDUCTION OF DUI CHARGES – 2011 Clay County client was pulled over after police had received a citizen report of a reckless driver. The officer observed our client's vehicle driving slowly and weaving within his lane. The police reported that they had observed several signs of alcohol impairment from our client and initiated a DUI investigation. Our client agreed to do roadside field sobriety tests. The police reported that our client's performance was poor, which resulted in his ultimate arrest for DUI. Our client then submitted to a breath test, which revealed a breath alcohol level over the legal limit. However, upon receipt of our client's case we discovered several inconsistencies between what the police reported observing concerning our client's sobriety and what the video recording actually showed. As a result, we initiated negotiations with the State which ended in the State of Florida agreeing to dismiss our client's DUI charge and allowing him to plea to a lesser traffic offense of reckless driving.

INVESTIGATION OF DUI CRASH INVOLVING A POLICE OFFICER REVEALS EVIDENCE WHICH LEADS TO DUI CHARGES BEING REDUCED AND NO CRIMINAL CONVICTION - 2011 Duval County client, a minor, was involved in a traffic crash with a Jacksonville Sheriff's Officer. The police smelled alcohol coming from our client and began a DUI investigation. Our client consented to a blood draw and had a blood alcohol content over the legal limit. After receipt of the case, we discovered video evidence that showed our client was not at fault for the accident. We also discovered potential issues with the manner in which the investigation was conducted that could possibly have led to evidence being thrown out. The State agreed to dismiss our client's DUI with Damage charges and our client pled to a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning he was not convicted of any crime and no points were assessed to his driver's license.

CLIENT HAS DUI CHARGES REDUCED AFTER FACING PENALTIES FOR A SECOND DUI WITHIN 5 YEARS – 2010Duval County client was pulled over by police for speeding and failing to drive within his lane. After stopping our client, the officer observed possible signs of impairment and began a DUI investigation. Our client submitted to roadside field sobriety tests and, based on his performance, was arrested for DUI. Our client then submitted to a breath test and provided two samples which were more than double the legal limit: 0.164; 0.166. Our client was charged with DUI. Because he had been convicted of a DUI within a 5 year period, faced minimum mandatory penalties including, but not limited to, installation of an interlock device, a 5 year license suspension, and minimum mandatory jail time. Upon our investigation of the State's evidence, we discovered that the police failed to follow proper procedure in the administration of the breath test and filed a pre-trial motion as a result. After filing the motion, we were successfully able to negotiate with the State of Florida. Our client's DUI charge was dismissed and he pled to a lesser traffic offense of reckless driving, avoiding all of the minimum mandatory DUI penalties.

FILING OF PRE-TRIAL MOTION RESULTS IN A REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION WHERE A CRASH WAS INVOLVED – 2010 Duval County client was involved in a traffic crash. When the police arrived to investigate, they found that our client had vomited and smelled of alcohol. The police began a DUI investigation and our client performed poorly on roadside field sobriety exercises. Our client was arrested for DUI and then submitted to a breath test, which yielded results over the legal limit. Based on what we knew about the State's evidence, we filed a pre-trial motion challenging whether the police lawfully began their DUI investigation. As a result of our filing of this motion, the State agreed to dismiss our client's DUI charge. Our client's case was then resolved for a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning he was not convicted of any crime and no points were assessed to his driver's license.

DEFENSE DISCOVERY OF CONFLICTS IN THE STATE'S EVIDENCE LEADS TO A REDUCTION OF DUI CHARGES AND NO CRIMINAL CONVICTION - 2010 Duval County client was pulled over because the officer reported our client had made an illegal u-turn. The officer further reported that our client showed various physical signs of alcohol impairment. The officer began a DUI investigation and our client refused to perform roadside sobriety tests. As a result, our client was placed under arrest for DUI and refused to provide a breath sample. Our client was thereafter charged with DUI. Based on all of the police reports, the video of the DUI investigation, and testimony given by the officer, we discovered several inconsistencies in what the officer alleged about our client's sobriety. As a result of our discovery, the State agreed to dismiss our client's DUI charge and our client pled to a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning she was not convicted of any crime and no points were assessed to her driver's license.

PRE-TRIAL INVESTIGATION OF STATE'S EVIDENCE LEADS TO DUI CHARGES BEING REDUCED AND NO CRIMINAL CONVICTION - 2009 Duval County client was pulled over after making an illegal turn against a red light. The stopping officer reported that he saw possible signs of alcohol impairment and began a DUI investigation. Our client then submitted to roadside field sobriety tests and was arrested based on his performance. Our client refused to submit to a breath test. Upon examination of the State's evidence, we discovered that there were multiple inconsistencies between what the arresting officer had reported and what was contained on the video recording of the DUI investigation. We also discovered that the officer illegally coerced our client into performing the field tests. Based upon what we learned investigating our client's case, the State agreed to dismiss our client's DUI charges and our client pled to a lesser traffic offense of reckless driving. Our client received a withhold of adjudication, meaning he was not convicted of any crime and no points were assessed to his driver's license.

QUESTIONS REVEALED ABOUT A TROOPER'S CREDIBILITY LEAD TO DRUG CHARGES BEING DROPPED AND A REDUCTION OF DUI CHARGES – 2009 Duval County client was stopped by police for speeding and displaying difficulty driving within his lane of travel. The Florida Highway Patrol trooper reported noticing multiple signs of alcohol impairment and found marijuana in our client's vehicle. After a DUI investigation was completed, our client was arrested and charged with DUI and marijuana possession. Our investigation of the State's evidence revealed a conversation the trooper had with another officer in which the trooper was not truthful about what had occurred during his investigation. Furthermore, the breath results were not consistent with the level of impairment the trooper asserted that our client displayed. As a result of these discoveries, we were successfully able to raise doubts about the credibility of the arresting trooper's conclusions concerning his investigation. The State agreed to drop the drug charges and dismiss the DUI charge in favor of a lesser traffic offense of reckless driving.

Administrative Driver's License Hearings

DHSMV v. D.J. - SUCCESSFUL APPEAL RESULTS IN CLIENT'S DRIVER'S LICENSE SUSPENSION BEING OVERTURNED. A 2013 Duval client had her license administratively suspended after being charged with a DUI and blowing over the legal limit. After an administrative hearing, the Department of Motor Vehicles upheld her suspension. On the client's behalf, we appealed the decision to the Circuit Court. The Circuit Court held that the client's due process rights were violated by the DMV's administrative hearing officer. As a result, the DMV's order was overturned, and the client's driver's license suspension was erased from her driving record.

G.C. v. DHSMV - Our client was stopped for speeding and ultimately arrested for DUI. He refused to submit to a breath test and had his license administratively suspended. We appealed the administrative driver's license suspension arguing that because the stop was based solely on the officer's radar, the documents establishing the reliability of the radar were necessary to show the stop was legal. The circuit court agreed with us and overturned the suspension.

D.S. v. Department of Highway Safety and Motor Vehicles - Our client was speeding on the Arlington Expressway when she passed a police officer. The officer stopped her vehicle and called another officer for assistance with a DUI investigation. The officers observed our client had the odor of alcohol on her breath, bloodshot and watery eyes, flushed face and slurred speech. Our client agreed to perform field sobriety exercises and performed poorly. Our client was arrested for DUI and subsequently refused to take a breath test. Because of the successful appeal our client's administrative driver's license suspension was removed from her record.

M.G. v. Department of Highway Safety and Motor Vehicles -Our client was stopped for driving all over the road. He was weaving from side to side causing other vehicles on the road to take evasive action. When the officer made contact with our client he observed he was lethargic. Our client immediately provided the officer with multiple medications which he admitted taking. Our client was arrested for DUI and requested to take a breath test which he refused. On appeal, we successfully argued that because there was no indication our client was impaired by alcohol the police had no right to request a breath test. Because of the successful appeal our client's administrative driver's license suspension was removed from his record.

R.E. v. Department of Highway Safety and Motor Vehicles and R.C. v. Department of Highway Safety and Motor Vehicles -In both of these ground breaking cases, witnesses failed to appear at the Department of Motor Vehicle Hearing. Despite the witnesses' failure to appear, the hearing officers refused to extend the driving permit to which our client was entitled. On appeal we successfully argued that the hearing officer's decision not to extend the permit was a violation of our client's due process rights. This argument had never been made before and has since been relied upon by judges in other jurisdictions.

R.M. v. Department of Highway Safety and Motor Vehicles -Officers were initially dispatched to a car which had been driven over a curb into a ditch. The dispatch had a description of the driver. When the police arrived they observed our client who matched the description of the driver standing approximately fifty (50) feet from the vehicle in the ditch. When the police attempted to contact our client, he ran. He was eventually located hiding behind a dumpster. When he was located the officer observed he smelled like alcohol, his eyes were glassy, his face was flushed and he stumbled as he walked. Our client was arrested for DUI and transported to the jail where our client refused a breath test. On appeal we successfully argued that in this case, in order to lawfully arrest our client without a warrant for the crime of DUI the officer would have had to obtain an arrest warrant. Because the officer did not have an arrest warrant, our client was illegally arrested. Because of the successful appeal our client's administrative driver's license suspension was removed from his record.

T.N. v. Department of Highway Safety and Motor Vehicles -Our client had parked his semi in a convenience store parking lot. He entered the store and bought alcohol. The clerk notified the police that she believed our client was intoxicated. As our client was attempting to leave the store, the police stopped him and conducted a DUI investigation. Our client performed poorly on the field sobriety exercises and was arrested for DUI. Our client blew over the legal limit. At the Department of Motor Vehicle Hearing the hearing officer placed a document in the record over our objection and then treated the document as if it had been entered into evidence by our client. On appeal, we successfully argued that this action by the hearing officer was unfair, illegal and a violation of our client's due process rights. Because of the successful appeal our client's administrative driver's license suspension was removed from his record.

Department of Highway Safety and Motor Vehicles v. M.B. -The police saw our client stagger to her driver's door and enter her vehicle. The officer then described our client driving through an intersection where pedestrians were walking. The police officer further said our client honked at them. The officer stopped our client and ultimately arrested her for DUI. At the Department of Motor Vehicle Hearing we used the officer's video recording of the traffic stop to argue the events did not take place as described. The argument prevailed and our client received his license back.

Department of Highway Safety and Motor Vehicles v. C.B. -Our client was under 21 years old. An officer stopped him because he had did not have a tag light. Upon contacting our client, the officer determined he had been drinking alcohol and issued him a citation which suspended his driver's license. At the Department of Motor Vehicle Hearing we argued the police officer had not properly completed his paperwork. The argument prevailed and our client received his license back.

G.L. v. DHSMV -After a change in the law regarding administrative formal review hearings, the Department of Highway Safety and Motor Vehicles began limiting the subpoenas a driver could have. A subpoena is a legal document that requires a witness to appear at a hearing. The Department relied on specific documents to uphold his driver's license suspension, but denied our client the opportunity to question the person who completed the document. The First District Court of Appeal agreed with our legal position that the Department could not limit the rights of our client in that manner. As a result, we are now able to question these witnesses at a formal administrative review hearing in order to establish why a suspension should be invalidated.

W.H v. DHSMV -The Department of Highway Safety and Motor Vehicles took the position that a driver's license could be suspended for an unlawful breath test result or a refusal to submit to a breath, blood, or urine test, even if the driver was unlawfully stopped or unlawfully arrested. As a result, they continued to uphold suspensions even when a driver was unlawfully stopped or arrested. The First District Court of Appeal agreed with our legal position and found that in order to uphold a driver's license suspension, our client could not be unlawfully stopped or unlawfully arrested. As a result, we can have a suspension invalidated by showing that the driver was unlawfully stopped or unlawfully arrested.

DHSMV v. R.M. -At the formal review hearing, we presented evidence that our client was stopped outside the arresting officer's jurisdiction. The evidence submitted by the Department of Highway Safety and Motor Vehicles was the statement of the officer that he stopped our client at the Duval/St. John's County line. The circuit court reversed the suspension because the evidence submitted showed it was equally likely that the stop was outside the jurisdiction as it was that the stop was within the jurisdiction. The Department of Highway Safety and Motor Vehicles appealed to the First District Court of Appeal. We successfully defended the circuit court's ruling in our client's favor. As a result, the administrative suspension was removed from our client's driving record.

DHSMV v. V.P. -The hearing officer at the formal review hearing limited our client's ability to present evidence at the administrative formal review hearing. The First District Court of Appeal confirmed our client had a right to a fair and impartial hearing about the suspension of his driver's license. As a result, the administrative suspension was removed from his driving record and we have been successful in winning back driver's licenses when a hearing officer fails to give a driver a fair hearing.

DHSMV v. B. T. -The evidence relied on by the Department of Highway Safety and Motor Vehicles to suspend the driver's license was conflicting as to significant issues. The hearing officer upheld the suspension anyway. The First District Court of Appeal found that when the evidence is equally consistent with conflicting inferences, it is not enough to uphold a driver's license suspension. As a result, we have been successful in using this case to win back driver's licenses.

L.B. v. Department of Highway Safety and Motor Vehicles - Our client was looking for a family member. She located the family member and pulled over to the side of the road to speak with that person. A police officer came up behind her and turned on his emergency blue lights because he thought she was in an argument with her family member. The officer determined there was no argument, but noticed our client had the odor of alcohol on her breath and red, watery eyes. Based on these observations the officer conducted a DUI investigation and ultimately arrested our client. Our client refused to provide a breath sample. On appeal, we successfully argued that the officer had no legal right to turn on his lights and detain our client for an investigation. Because of the successful appeal our client's administrative driver's license suspension was removed from her record.

Post-conviction Relief Cases

State v. J.G. - CLIENT CHARGED WITH A DUI SERIOUS BODILY INJURY SENTENCE REDUCED FROM FIVE (5) YEARS TO TWO AND A HALF (2 ) YEARS.
Client hired us after he had entered a plea to DUI Serious Bodily Injury and was sentenced to the maximum sentence of sixty (60) months for that offense. The minimum guideline sentence was 51 months. We began to investigate the case and filed a motion for post conviction relief. During our investigation, we uncovered errors in the sentencing proceeding as well as possible defenses that should have been investigated. Among those possible defenses was whether out client had in fact caused the accident that resulted in the serious injury of his passenger. After researching the issues and presenting evidence and argument to the State, we were able to convince the State to agree to reduce the sentence to 30 months, which is half the original sentence and below the statutory guidelines.

State v. D.G. - Defendant, who had no prior criminal record, entered a plea to DUI at his bond hearing. The Defendant was not represented by an attorney and did not really understand what was going on. He entered a plea because he believed that this was the way to be released from jail. After being released from jail, he sought legal advice. We successfully vacated his plea and conviction.

V.C. v. State -Our client entered a plea at his first appearance hearing. He was not represented by an attorney. The trial court failed to discuss his choice to give up his right to counsel and did not advise him of the advantages of having an attorney and the disadvantages of proceeding without an attorney. Our client attempted to vacate his plea and conviction based upon the failure of the trial court to make sure he was knowingly and intelligently giving up his right to counsel.

The First District Court of Appeal found that if a trial court does not properly discuss with a defendant their right to counsel, a defendant must be permitted to withdraw their plea. As a result, we have been successful in assisting defendants who entered pleas without an attorney in vacating those pleas when the trial court fails to properly discuss their choice to proceed without an attorney.

L.T. v. State -Our client wished to vacate her plea based upon the failure of the State to disclose certain evidence that would have been beneficial to her defense as well as other issues. The trial court denied the motion without holding a hearing. The First District Court of Appeal reversed the decision of the trial court. In that decision, the First District Court of Appeal recognized that in order to show prejudice from such action by the State, the client need only show that she would not have entered plea had she known about the evidence.

S.R. v. State -Our client entered a plea at his first appearance hearing. At that time he was advised that his driver's license would be suspended for six (6) months. The Department of Highway Safety and Motor Vehicles revoked the license permanently. The client wished to withdraw his plea. The trial court denied his request. The circuit court agreed with our argument that the client's plea should be overturned.

G.T. v. State -Our client discovered that at the time he entered a plea in this case, the person who was representing him was an intern in the public defender's office who was not yet an attorney admitted to the Florida Bar. The client asked the trial court to permit him to withdraw his plea since he had believed he was actually represented by an attorney. The trial court denied his request. We were successful in arguing to the circuit court that because the client was represented by someone who was not an attorney without his consent, and he had only recently learned of this, he was entitled to have his plea overturned.

State v. B.L. -Client convicted at trial of DUI hired us to appeal conviction. Upon reviewing the record and looking further into the history of the breath machine used, we discovered that the machine had failed several inspections. This information was overlooked at trial and the jury was never made aware of the problems with the breath machine. We successfully won our client a new trial and the charges were ultimately dropped.

State v. W.M. -Client had entered a plea to a child pornography charge, although he had maintained his innocence. The Client had entered the plea based on the recommendations of his attorneys who represented him at the time. We successfully overturned his plea. The charges were ultimately dropped.

State v. C.N. - Client hired us to review prior conviction for DUI. Upon obtaining all the documentation related to the conviction including researching the breath machine in the case, we discovered a problem with the breath machine used in his case. As a result we were able to successfully overturn his plea.

M.M. v State - Upon obtaining all the documentation related to our client's prior conviction, we discovered a problem with the breath machine used in his case. As a result we were able to successfully overturn his plea.

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.

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