Successful Criminal Case Results From 2014

Client Convicted At Trial Of DUI Successfully Wins New Trial And Avoids DUI Conviction. 2014, Duval County. Client hired us after he was convicted at trial of DUI. During the trial, there were multiple errors made, particularly by the prosecutor. In addition. the arresting officer changed his testimony about a fact that became the focus of the trial. After a lengthy hearing, we were able to obtain an order from the court removing the conviction. Based on the errors we were able to establish, the State subsequently agreed to reduce the charge. Our client was able to avoid both a criminal conviction and points on his record.

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

2014 — DUI Charge Reduced And Adjudication Withheld. A 2014, Duval County client was arrested and charged with DUI after the Jacksonville Sheriff’s Office stopped him for a speeding violation. The client provided a breath test that was over the legal limit. The client’s DUI charge was reduced to a reckless driving charge, and adjudication of guilt was withheld after a plea no contest to the reduced charge.

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

State Drops DUI Charge After Successful Pretrial 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 pretrial motion to exclude the field exercises and breath test refusal. After having a hearing on our pretrial motion, the Judge agreed with us and found the stop unlawful. This resulted in the State dropping all charges against our client.

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