Epstein & Robbins

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Criminal Case Successes 2012

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.

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 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.

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

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