Florida DUI Lawyer: Case Victories

Florida DUI Lawyer Victories	1-5 of 100
The following is an update of the firm's most recent court victories. In this entire list, no one was convicted of DUI. To view the firm's most recent driver's license victories please click on "DL Hearing wins". 01 Case No: CTC 0753984 MMAES - VOLUSIA COUNTY - JUDGE BECK - May 2008 Facts: My client was seen urinating by the side of his car by the police. The officer started to ask my client questions and my client told the officer to leave him alone and that he is going to kick his butt. The officer arrested my client and then later at the jail offered him roadside tests which he refused. He also refused the breath test. He was charged with disorderly conduct and DUI. Result: I filed numerous motions attacking the arrest. I argued that it was not illegal to go to the bathroom on the side of the road and this was not enough evidence for a disorderly conduct charge. If this was a bad arrest then the officer could not conduct the roadsides at the jail, he should have conducted them at the scene. The officer admitted that he had no probable cause to arrest for DUI on scene. My client was also read Miranda warnings before he was asked to take a breath test. Based on the Confusion Doctrine the refusal to take a breath test should be excluded. The State dismissed the DUI and offered a reduced charge to reckless driving. 02 Case No: 07017610 MM10A - BROWARD COUNTY - JUDGE FEINER - April 2008 Facts: My client was involved in a minor car accident on I-95. The trooper made generic DUI observations and gave my client roadside tests which he failed. He was arrested and took a breath test. He blew .076. He was then given a urine test that showed positive for marijuana. Result: This case had great motions to file. At the trooper’s deposition I got him to say that he only asked for urine because he blew .076 not because he thought my client was under the influence of drugs. Also, in the medical examiner’s deposition, I had her say that since the marijuana can stay in your system for 30 days, she could not tell if he was under the influence of the THC at the time of the arrest. . The day the motions were to be heard the State dismissed the DUI and reduced the charge. 03 Case No: 8971 XCM - DADE COUNTY - JUDGE LINDSEY - April 2008 2nd DUI within 5 years Facts: My client was stopped on Miami Beach for running a red light. After the officer made generic DUI observations another officer came and offered roadside tests which my client refused. He also refused to take a breath test. Result: The officer put my client in his patrol car before he offered the roadside tests and I filed a motion to dismiss for lack of probable cause. I also filed a motion to exclude the refusal to take roadsides because the officer never told my client that there would be consequences to refusing the roadsides. My client was also read Miranda warnings before he was asked to take a breath test so based on the Confusion Doctrine the refusal to take a breath test should be excluded. The State dismissed all charges. I also won this clients license hearing and his violation of probation hearing. This client was looking at one year in jail for the DUI, losing his license for 5 years and 6 months in jail for the violation of probation. 04 Case No: 8174 XCK - DADE COUNTY - JUDGE MIRANDA - April 2008 Facts: My client was stopped for speeding on Miami Beach, flunked the roadside tests and refused a breath test. Result: In deposition, the officer testified that he had a poor recollection of the roadside tests and when he read the Implied Consent, he used the word "urine". I filed motions to exclude the roadsides and breath test refusal and on the day of trial the State dismissed the DUI. 05 Case No: 06004847 MM10A - BROWARD COUNTY - JUDGE SEIDMAN - February 2008 Facts: My client was driving on I-75 when his vehicle struck a work truck parked on the side of the road. The trooper took blood since my client was unconscious. The blood results had my client three times the legal limit .23. Result: I deposed the paramedics who helped my client out of his vehicle and into the ambulance. They both said that in the ten to twenty minutes they helped my client he was conscious and responding to questions. They also did not remember any odor of alcohol coming from my client or any other DUI observations. I filed a motion to exclude the blood and the arrest because the trooper had no reason to take blood and if he did, he needed to read my client Implied Consent since he was not unconscious. The judge believed the paramedics testimony and suppressed the blood and the arrest. The State dismissed all the DUI charges.
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