Epstein & Robbins

Fighting For Your Rights Since 1975

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Criminal Case Successes 2008 - 2010

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 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.

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.

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.

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.

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 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.

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.

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.

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Epstein & Robbins Fighting For Your Rights Since 1975

Epstein & Robbins
1125 Blackstone Building
233 E Bay Street, Suite 1125
Jacksonville, FL 32202

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