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.

Appeals Successes

Duval County – 2017 – Client was stopped for parking his vehicle on a curb. The Officer noticed our client asleep behind the wheel. The Officer also noticed our client had an odor of alcohol coming from his breath, red and watery eyes, a flushed face and a disoriented appearance. Our client performed the field sobriety exercises poorly and was placed under arrest. Once at the Duval County Jail our client provided a breath test of .19 and .17, over 2 times the legal limit. After review of our client’s case the DUI charges were dropped and he pled to a reduced charge of Reckless driving.

H.C. v. State of Florida -Our client, a first responder, was given a ticket for failure to maintain a single lane after he lost control of his vehicle during Hurricane Matthew upon encountering a large box in the middle of the roadway. The trial court found him guilty notwithstanding the uncontroverted evidence that he was confronted with a situation beyond his control. Because there were serious bodily injuries as a result of the crash, our client was subject to a driver’s license suspension. On appeal, we successfully argued that the facts of this case did not establish a violation of the traffic offense with which he was charged. As a result both the conviction and the driver’s license suspension were removed from his record.

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.

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.

Administrative License Suspension Successes

DHSMV v. M.W - Client involved in traffic crash. Charged with DUI. His driver’s license was suspended for a refusal to take a breath test. After reviewing the reports filed by the police officer, we identified a legal issue regarding the proof that our client was driving. As a result, we were successful in having the suspension removed.

DHSMV v. S.E. - Our client was sleeping in a car in a parking lot. He was in the passenger seat and the car was not running. He was arrested for DUI and his driver’s license was suspended when he refused to take a breath test. We successfully argued that the evidence did not show he was in control of the vehicle. The license suspension was removed.

W.G. v. DHSMV- The DHSMV suspended our client’s driver’s license for a year based upon actions that allegedly occurred years ago. DHSMV claimed that our client had fraudulently obtained a driver’s license for a family member. We were hired to file an appeal. We successfully argued on appeal that there was insufficient evidence to support the claim of fraud. As a result, both the record of fraud and the driver’s license suspension were removed from his record.

P.B. v. Department of Highway Safety and Motor Vehicles

Our client was stopped for driving below the posted speed limit and failing to maintain his lane resulting in other vehicles having to take evasive action. After he was stopped he was observed to have indications that he was impaired including the odor of an alcoholic beverage, bloodshot, watery eyes, and mumbled confused speech. He was arrested for DUI. Our client admitted to taking a specific prescription medication. He was asked to submit to both a breath and a urine test. He refused the tests. We argued on appeal that the request for both tests was not legal under the facts of this case. The circuit court agreed with us. As a result of the successful appeal, the administrative suspension was removed from our client’s driving record.

S.M. v. Department of Highway Safety and Motor Vehicles

Our client had his driver’s license permanently revoked by the Department of Highway Safety and Motor Vehicles based on their belief that he had been conviction four (4) times of DUI. He discovered that one of the convictions should not have been considered as a DUI convictions for the purposes of the permanent conviction statute. Through extensive research and legal analysis, we were able to successfully contest the permanent suspension by eliminating that one conviction. As a result, the permanent driver’s license revocation could not be imposed by the Department.

R.D. v. Department of Highway Safety and Motor Vehicles

Our client was stopped for running through a naval station checkpoint. He was originally detained by a DOD officer until a JSO officer arrived. Both the DOD officer and the JSO officer smelled the odor of alcohol and observed indications of impairment. The JSO officer conducted field sobriety exercises and found that our client did not do them properly. He was arrested for DUI and agreed to submit to a breath test. The results of the breath test were .216 and .204. We successfully argued that the client was not lawfully arrested due to facts surrounding the stop by the DOD officer. The administrative suspension had to be removed from our client’s driving record.

J. C. v. Department of Highway Safety and Motor Vehicles

Our client was arrested for DUI after a traffic crash with another vehicle. After a breath test it was determined that he had a breath alcohol level of .137 and .147. At the administrative hearing, we argued that there was no sufficient evidence to find that our client was the person driving the car. On appeal, the Circuit Court agreed with our legal argument and found that the order upholding the suspension could not stand.

Criminal Case Successes

Duval County 2017 – Client was stopped for speeding and refused a breath test. The Officer made contact with our client and noticed she an odor of alcohol coming from her breath and bloodshot watery eyes. Our client performed the field sobriety exercises poorly and was placed under arrest. After review of our client’s case the DUI charges were dropped and she pled to a reduced charge of Reckless driving.

Duval County 2017 – Client was parked on the side of the road and made contact with an Officer who was responding to a dispute. The Officer noticed our client had a flushed face, bloodshot eyes, and dilated pupils. The Officer also noticed our client was unsteady and slurred his speech. Our client refused to perform the field sobriety exercises and was placed under arrest. After review of our client’s case the DUI charges were dropped and he pled to a reduced charge of Reckless driving.

Putnam County 2017 – Client was stopped for speeding and .20 breath test. The Officer noticed our client had a very strong odor of alcohol and bloodshot watery eyes. Our client performed the field sobriety exercises poorly and was placed under arrest. At the Putnam county jail she provided two breath samples of .20 and .20. After review of our client’s case and providing mitigation to the State, the DUI charges were dropped and she pled to a reduced charge of Reckless driving.

Duval County 2017 – Client was involved in accident. Off duty officers arrived on scene and observed our client backing her vehicle away from the accident scene. The officers observed our client had an odor of alcohol on her breath and she was unsteady. A DUI officer arrived and noticed bloodshot eyes and slurred speech. Our client performed the field sobriety exercises poorly and was placed under arrest. Our client refused a breath test. After review of our client’s case the DUI charges were dropped and she pled to a reduced charge of Reckless driving.

Duval County 2017 – Client was involved in an accident with a semi-truck. Officers responded to the scene and observed our client had bloodshot and glassy eyes, slurred speech and an odor of alcohol. The Officer also noticed our client was unsteady and stumbled when he exited his vehicle. Our client refused to perform the field sobriety exercises and was placed under arrest. At the Duval County Jail our client also refused to provide a breath test. After review of our client’s case the DUI charges were dropped and he pled to a reduced charge of Reckless driving. He received a withhold of adjudication which means he was not convicted and no points will be assessed on his license.

Duval County 2017 – Client was stopped for running a red light. The Officer made contact with our client and noticed an odor of alcohol coming from his breath. Our client also admitted to having a few beers that night. A DUI Officer arrived and noticed our client to have thick tongued speech, and red and watery eyes. Our client was arrested for DUI after performing poorly on the field exercises. After review of the case and providing mitigation to the State our client had his charges dropped.

Duval County 2017 – Client was involved in accident where he drove into the back of another vehicle. Officers on scene detected an odor of alcohol from our client and other signs of impairment. After he refused field sobriety exercises the client was arrested for DUI. After retaining us, we began to work on his case. Through litigation we were able to uncover evidentiary issues and secure a Reckless Driving disposition for our client. This means our client did not receive the mandatory license suspension associated with a DUI conviction.

Duval County 2017 – Client was stopped for speeding in Atlantic Beach. Officers observed signs of impairment and initiated a DUI investigation. Our client invoked her Miranda rights, requested an attorney, and refused field sobriety exercises. The client was ultimately arrested for DUI. After retaining us, we began to work on her case. Through depositions we uncovered conflicting testimony between the officers. With this leverage we were able to secure a Reckless Driving disposition with a withhold of adjudication for our client. This means out client was not convicted of a crime, did not receive a driver’s license suspension, and received no points on her license.

Duval County 2017 – Client was the cause of vehicle accident. Paramedics on scene found our client unresponsive with a needle in his arm. At the hospital our client was arrested for DUI. This was our client’s 2nd DUI within 5 years, meaning he was facing mandatory jail time. After retaining us, we began to work on his case. Through litigation we uncovered issues with the State’s evidence and were able to secure a Reckless Driving disposition. This means our client did not serve any jail time, did not have his driver’s license suspended, and was not convicted of DUI.

Duval County 2017 – Client was stopped in Neptune Beach for driving without a tag light. The stopping officer noted an odor of alcohol and several indicators of impairment. Our client agreed to perform field sobriety exercises and performed poorly. Ultimately, the client was arrested for DUI, his 2nd arrest for DUI. After retaining us, we began to work on his case. Through litigation we uncovered evidentiary issues with the State’s case. Our client was able to plea to Reckless Driving. This means our client was not convicted of a DUI and his license will not be suspended as a result of a conviction.

Duval County 2017 – Client was stopped for reckless driving and speeding. The Officer made contact with our client and smelled a strong odor of alcohol coming from her breath, slurred and mumbled speech and bloodshot watery eyes. Our client performed the field sobriety exercises poorly and was placed under arrest. Once at the Duval County Jail our client provided a breath test of .13 and .14. After reviewing our client’s case the DUI charges were dropped and she pled to a reduced charge of Reckless driving.

Clay 2017 – Client avoids DUI conviction after a breath test of .17. Our client was stopped for swerving back and forth and making several lane changes. 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 provided a breath sample well over the legal limit. After reviewing the case and providing mitigation our client had her 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.

Clay 2017 – Client was stopped for traveling over 50 miles per hour over the speed limit. The Officer noticed a moderate odor of alcohol, flushed face, and bloodshot watery eyes. Our client was arrested after the field sobriety exercises. Our client provided a breath sample of .13 and .14. After review of the case, our client had his DUI charges dropped, and pled to a reduced charge of Reckless driving. Our client also received a withhold of adjudication.

Duval 2017 – Client was stopped for speeding. The Officer noticed our client had difficulty locating her registration and had slurred speech. The Officer also noticed our client had an odor of alcohol coming from her breath and difficulty exiting her vehicle. Our client refused to perform the field sobriety exercises and was placed under arrest. After review of our client’s case the DUI charges were dropped and she 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.

Duval 2017 - Client who lived out of state pled guilty at his first appearance hearing in the jail. He did not know that this would cause a driver’s license suspension both from Florida and his home state, which resulted in no hardship license being available. He was also threatened with a violation of his probation because he could not complete the required DUI School program in his home state in sufficient time. We were able to successfully remove the DUI conviction and the probation. Our client’s DUI was reduced to a Reckless Driving thereby removing the criminal conviction and the driver’s license suspension from his home state.

Nassau 2017 - Our client was stopped for having a headlight out. After he was stopped he refused to do field sobriety exercises and was arrested for DUI. The stop and arrest were recorded on a DVD. Based on our review of the DVD and the law, we were able to show that the stop of our client was not lawful. We were able to successfully convince the State to drop all charges. We also successfully argued his case at the administrative hearing regarding his driver’s license. As a result, our client suffered no administrative driver’s license suspension and no criminal conviction.

Nassau 2017 - Our client was stopped for speeding. The officer said he observed the odor of an alcoholic beverage, bloodshot, watery eyes, slurred speech, and unsteadiness. After completing field sobriety exercises, the officer arrested our client for DUI. Our client was asked to submit to both a breath and urine test. Our client agreed to both but was unable to urinate. He was accused of refusing a urine test. Based on our ability to uncover several legal issues in this case, all charges against our client were dropped.

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.

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.

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.

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.

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.

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 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.

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.

Administrative Driver's License Hearings

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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