Epstein & Robbins

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Criminal Case Successes 2013

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.

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.

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.

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