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Randy Goodis, P.A. © 2009 |
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Florida DUI Attorney Victories |
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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".
| 16 |
Case No: 5392-94-FAY - MIAMI-DADE COUNTY - JUDGE
MIRANDA - November 2007 |
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Facts: My client was stopped for driving a vehicle that did not have the
correct tags. |
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Result: The State Attorney could not prove that my client had
altered the tags and dismissed the case. |
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| 17 |
Case No: 06019495MM10A - BROWARD COUNTY - JUDGE
COWART - November 2007 2ND DUI |
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Facts: My client was speeding on Griffin Road and after a failed attempt
by an officer to pull him over, he was stopped on I-95. He was asked to perform the roadside
tests, on video tape, by Deputy Haber of the DUI TASK FORCE. My client refused to perform the
roadside tests and was arrested. He also refused the breath test. |
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Result: I filed a motion to exclude the refusal of the roadside tests
based on the fact that the officer did not warn my client that the refusal could be used against
him or that he would be forced to arrest him based on other observations. The Judge excluded
the refusal to do the roadside tests and my client was offered a reduced charge of reckless
driving. |
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| 18 |
Case No: 286457X - MIAMI-DADE COUNTY - JUDGE MILLS-FRANCIS
- November 2007 2ND DUI |
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Facts: The defendant was stopped for driving the wrong way. He failed
the roadside tests and refused the breath test. |
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Result: This was a Miami Beach arrest and the officer did not have video
of the roadside tests. In his deposition, the officer testified that he had no recollection
of the roadside tests performed by my client. He also read the Implied Consent form which mentions
a urine test. After filing the motions to exclude this evidence, the State Attorney dismissed
all of the charges on the day of the trial. |
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| 19 |
Case No: 05023683MM10A - BROWARD COUNTY - JUDGE
IRELAND - November 2007 2ND DUI |
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Facts: My client was arrested after being involved in a car accident.
On video, he performed and failed the roadside tests. He took the breath test and blew a .239.
That is 3 times the legal limit. |
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Result: I filed a motion to exclude the breath test. As I stated, the
roadside tests done on the scene had been video taped. On the tape it shows the time. I set
the officer up on a time line from the time of arrest, to the time that my client was left with
the breath technician. The breath technician is supposed to observe my client for 20 minutes
before administering the breath test. Based on the length of time it took from the arrest to
the jail, it was impossible for the breath technician to have observed him for the proper 20
minutes. Based on this evidence, the Judge excluded the breath test results, forcing the State
Attorney to offer a reduced charge of reckless driving. |
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| 20 |
Case No: 4223-EGV - State Re-filed the Case - DADE
COUNTY - JUDGE MIRANDA - August 2007 2ND DUI WITHIN 5 YEARS |
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Facts: The State re-filed this case. My client was involved in a slow
pursuit police chase on Collins Avenue. When the Officers stopped my client and pulled him
from the vehicle, my client began to complain of chest pains. They thought he was faking a
heart attack. He was taken to the hospital and a blood draw was conducted. He had a blood
level of .217. |
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Result: When I was in court on this matter in June, I filed a Demand for
a Speedy Trial before the State dismissed the case. This limited the State to a period of 60
days to re-file and serve my client with a subpoena. Had I not filed the Demand for a Speedy
Trial, the State would have had over one year to re-file and serve my client. They attempted
to serve him, but he lived in New York. After the 60 days expired, I filed a Motion for Discharge.
My motion was granted by the Judge, thus resulting in the State losing their case twice. |
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Law
Offices of
Randy Goodis, P.A. |
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888-DUI-8DUI
- Toll Free
305-389-1833 - 24 hours |
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