Student Arrested For DUI With Property Damage After Crashing Into a Police Car; Blows 0.189
A police officer was stopped at the light in his patrol vehicle waiting to make a left turn. At that time, our client was observed driving down the road in a careless manner. Suddenly, our client failed to manage the vehicle speed and lost complete control of the car, crashing directly into the police cruiser. After a poor performance on the field sobriety exam, our client was brought to the jail for processing where his blood alcohol level tested 0.189, well over twice the legal limit.
RESULT: After the State’s witnesses failed to appear at multiple hearings, we were unable to obtain the evidence necessary to defend our client. Seizing the opportunity, our attorney prepared and set the case for trial. On the day of trial, after diligent negotiations, we were able to convince the Prosecutor that it be unjust to move forward with the trial without the necessary witnesses and evidence. The Prosecutor agreed, and we managed to have our client placed into a diversion program (which is seldom allowed on cases involving facts such as these). Our client’s participation in this program will eventually lead to a dismissal of the DUI charge!
Internal Reference #: 5881-SA-22-CT-13-MD-01-N-N
Office Manager Arrested For Second DUI Within Five Years; Abruptly Cuts Across Three Lanes Of Traffic And Nearly Causes An Accident With A Deputy; Stumbles Out Of Her Car And Refuses To Take The Breathalyzer Test
JURY FINDS HER NOT GUILTY!
A Deputy observed our client cut across three traffic lanes within the intersection in order to make a right hand turn. In order to avoid an accident, the Deputy slams on his breaks as he is cut off by our client. The Deputy activates his emergency lights, but our client continues to drive for a quarter of a mile. Finally, the Deputy makes a stop on the roadway with our client. The Deputy immediately observed that our client has bloodshot eyes, a strong odor of alcohol and slightly slurred speech. When asked for her registration, our client was slow to respond and took five minutes to locate the documentation. Finally, when the Deputy asks our client to step out of the vehicle, she stumbled. While performing the field sobriety test, our client swayed the entire time. Subsequently, she was placed under arrest and refused to take the breathalyzer test.
RESULT: Since this was our client’s second DUI within five years with several past drug charge arrests, the stakes were particularly high on this case. For that reason, our attorney felt that preparing and trying the case before a jury was the only way to win. At trial, the Deputy testified in court he had activated both his emergency lights and siren when trying to pull over our client. Our attorney immediately pointed out that this testimony was inconsistent with his sworn Probable Cause Affidavit which the Deputy submitted following the arrest. In the Probable Cause affidavit, the Deputy indicated he had only activated his emergency lights. Further, the Deputy could not recall key details of the arrests, such as whether our client was wearing high heels as she was performing the field sobriety tests. Finally, the attorney was able to explain to the jury that the Deputy did not have a valid reason why the field sobriety tests were not videotaped. In the face of this inconsistent testimony and lack of evidence, the firm was successful in obtaining A NOT GUILTY VERDICT AND OUR CLIENT WAS ACQUITTED ON ALL CHARGES!
Internal Reference #: 5884-AC-4-CT-12-PB-12-Y-Y
Single Mother Abruptly Changes Lanes And Nearly Collides With Police Cruiser, Admits to Drinking and Failing Field Sobriety Tests
Our client, a single mother, abruptly changed lanes and nearly collided with a police officer on patrol in his cruiser. When the officer made a traffic stop, he smelled alcohol on the client’s breath and noticed many other physical indicators of intoxication. Further, the client told the officer that she had been drinking and that it was her friend’s fault. When performing field sobriety exercises, the client showed all six possible indicators of impairment on a visual test, stumbled through the walking test, and gave up before taking the third test. She told the officer that she knew she failed and instructed the officer to take her to jail. During transport to the jail, and during the breath test, she cried hysterically, was belligerent, and the smell of alcohol engulfed the cruiser. Breath results were inconclusive due to machine error, but indicated results above .15.
RESULT: Through records and video, our attorney built a strong defense to show that the client was not impaired. A review of video showed the client walking, sitting, and standing normally in the jail’s booking area and holding cell. Assuming the client’s medication may have affected her performance on field sobriety tests, the attorney researched Florida law and concluded her medications WERE NOT among the list of controlled substances upon which a DUI Conviction could be based. Finally, the attorney attempted multiple times to obtain the video of the field sobriety exercises. Eventually, this forced the Sheriff’s Office to reluctantly admit the video had been “accidently purged.” When our attorney presented all this evidence and information to the prosecutor, he agreed to dismiss the DUI case. This resulted in a COMPLETE DISMISSAL OF THE DUI!
Internal Ref# 5426-MR16MM12LE02-N-N
Waitress With Prior Drug Charges And Criminal History Arrested For DUI With Property Damage For Striking Concrete Barrier Of Gas Pump. Client Is Unruly And Belligerent With Police And Eventually Maced
NO DUI CONVICTION!
Our intoxicated client stopped at a gas station and when parking to get gas, hit the concrete barrier protecting the gas pumps. After attempting to pay, she stumbled out of the station past arriving police. She wasn’t even able to put the nozzle into her gas tank when trying to pump. Police confronted her and she admitted to drinking and driving. Eventually, the police arrested her and had to drag her away kicking and screaming. While at the police station, the policeman finally maces her just to stop her from any additional violence.
RESULT: Because of the damage she caused, the Prosecutor charged the client with DUI and DUI with Property Damage. After numerous attempts to negotiate reduced charges, the Prosecutor still refused to budge. However, despite the overwhelming evidence, our attorney decided to press forward with trial because he believed he could win. The afternoon before trial, the attorney finally convinced the Prosecutor that his case was weak. He was able to successfully have the DUI charge dismissed and the DUI with Property Damage charge reduced to Reckless Driving. This resulted in,NO DUI CONVICTION, NO DRIVER’S LICENSE SUSPENSION, AND NO JAIL TIME!
Internal Ref# 4860-MR11MM11L08-N-N
Business Man Causes Accident And Is Arrested For His 3rd DUI, Blows .194 and .206
Flees The State Of Florida On The Morning of Trial, Avoids Jail!
Our client caused a traffic accident. When police arrived, they detected signs of intoxication from the client and arrested him. At the police station he blew .194 and .206, two and half times the legal limit. On the morning of trial, he did not appear and fled the state of Florida. The court issued a warrant for his arrest. Only then did the client retain our law office.
RESULT: Not only did the client face prison time on the original charge, but now the Prosecutor wanted blood because the client tried to evade justice. At a minimum, the Prosecutor wanted a minimum of 9 months of jail time. Our attorney, having decades of experience handling these cases as a former prosecutor himself, went to work. Through hours of phone calls and bargaining, he was able to negotiate the following deal: NO JAIL TIME!
Internal Ref# 4657-JQ16FF11P06-N-N
Food Service Manager Charged With DUI 2nd, Admits to Having 4 Drinks and Being Impaired, Faces Heavy Jail Sentence
FOUND NOT GUILTY BY JURY!
An Officer observed our client swerving violently between lanes. Other vehicles stayed clear of him because of the erratic driving. Based upon this, the officer pulled the client over for fear that he would injure himself or others. When the officer made contact, our client admitted that he “shouldn’t be driving” and had been drinking. He later admitted that he was impaired. When asked to perform roadside sobriety exercises, the client refused. He also refused several commands to exit his vehicle, became argumentative when arrested, and also refused to take a breath test.
RESULT: The client faced serious consequences, as he already had a prior conviction for DUI. In addition, the client twice refused an opportunity to prove his sobriety. However, our attorney was convinced of the client’s innocence and decided to press forward with a jury trial. During jury selection, the attorney was able to identify a juror who was knowledgeable on how the body processes alcohol. Eventually, this juror served on the jury with the other members. Believing that the juror would pass this information on to the rest of the jury, the attorney vigorously argued that the client was not impaired when he drank 4 beers over a 5 hour time frame. The jury deliberated for 60 minutes and returned a NOT GUILY VERDICT, resulting in NO DUI CONVICTION, NO FINES, NO COURT IMPOSED LICENSE SUSPENSION. OUR CLIENT IS ALSO ELIGIBILE TO HAVE HIS RECORD EXPUNGED!
Internal Ref# 4615-MY17MM11C02-Y-Y
Antiques Dealer Drives Recklessly, Performs Poorly On Roadside Sobriety Exercises, And Admits To Drinking and Taking Pills
Police observed our client driving in the middle lane and drifting badly back and forth. He reported that our client drifted to the right three times, touched the lane divider, and then moved back into the lane. She then drifted completely over the left lane divider and crossed into the inside lane. Another vehicle in the inside lane had to slow down to avoid a traffic accident with her vehicle. After initiating emergency lights, the officer witnessed our client abruptly and rapidly cross four lanes of traffic in an effort to elude the police. Finally, the officer was able to stop our client’s vehicle. When he asked her to produce her documents, she produced a Florida Driver’s License and Pennsylvania registration and admitted to consuming alcohol and taking some pills that evening. Then, upon exiting her vehicle to perform field sobriety exercises, she staggered and performed the exercises poorly. Based upon his suspicion that she was impaired, the officer arrested her for DUI, and gave her a ticket for failing to maintain a single lane. Although she passed a breath test, urine samples were obtained based on the officer’s suspicion that chemical substances may have been involved, especially in light of her admission that she had been taking pills.
RESULT: Our attorney moved quickly to have the case thrown out completely. First, he filed a motion to consolidate the traffic ticket with the DUI Charge. This procedure allows traffic violations to be dismissed, regardless of the outcome of the DUI case. At the client’s first court appearance, the attorney convinced the Prosecutor that the case was not worth pursuing. The prosecutor agreed, resulting in A TOTAL DISMISSAL OF THE DUI CHARGE, AND A DISMISSAL OF THE TRAFFIC TICKET AS WELL!
Internal Ref# 4611-JD15MM10C12-N-N
Local Realtor Arrested for 3rd DUI Offense, Involved in Serious Crash, Blood Draw Produces .193 Result
Our client was involved in a serious head-on collision that required one passenger in the other vehicle to be airlifted to the hospital and the other passenger to be transported by ambulance. There was an estimated $15,000 in vehicle damages alone. While being treated in the ambulance, the EMT alerted an officer that our client had the odor of alcohol on her breath. After admitting to the officer that she had been drinking, he asked for a blood draw to test how much she had been drinking. Our client initially refused, but after being informed that a refusal would result in a one-year suspension of her driving privileges, she consented to the blood draw. After obtaining a legal sample, a test revealed a single result of .193, over twice the legal limit.
RESULT: After already successfully restoring the client’s driving privileges, we filed a Motion to Suppress. The motion challenged the validity of police producing only one blood test result when two are required by the Florida’s administrative code. The motion also attacked the officer’s lack of probable cause to believe our client was driving under the influence. Our diligent efforts forced the prosecutor to drop all charges. DUI TOTALLY DISMISSED!
Internal Ref# 4395-MR21MM10L10-N
Construction Worker, Already On Probation For An Alcohol Related Arrest, Arrested Again For Charge Of DUI
Our client was swerving while he was driving and an officer initiated a traffic stop. The officer believed that our client had blood shot eyes and arrested him for Driving Under the Influence.
Despite negative breath results and drug screens, our client was still prosecuted for DUI based upon his driving pattern and physical appearance.
RESULT: Prior to the Prosecutor even filing charges, our office was able to convince them to reduce the charges to Reckless Driving. In an effort to achieve an even better result, our attorney pushed further, and conducted depositions, wherein he was successful in having the officer admit he was not a drug recognition officer, he was not specifically trained for DUI’s, and that our client did not, in fact, interfere with the traffic pattern. Based upon this skilled approach, the attorney was able to convince the Prosecutor to lower the charges even further to a mere civil infraction, resulting in, NO DUI CONVICTION and NO CRIMINAL CONVICTION WHATSOEVER!
Internal Ref# 3194.01-BK17MM10O5-N
Veterinary Salesman Arrested for DUI; Weaves In And Out Of Driving Lanes; Stumbles To Officer’s Vehicle; Breath Test Results of .143 and .135
Driver drifts in his lane and crosses over the lane dividers several times. Officer turns on emergency lights, but driver continues on, passing two side roads. Finally, driver makes a stop on the roadway, not even pulling off onto the shoulder. The officer makes contact with the driver who admits to having a few drinks. Further, the officer observes the driver having bloodshot, watery and glassy eyes, a flushed face and hears slurred speech and detects a strong odor of alcohol. When asked to exit the vehicle, the driver uses his car door for support and stumbles back to the officer’s vehicle. His performance on the exercises were poor. He could not maintain his balance, couldn’t walk a straight line, and missed touching his nose with his finger six times. Breath tests results were .143 and .135.
RESULT: Our attorney observed, among other things, that the video in this case did not support the officer’s description of the client’s driving pattern. He then filed A Motion to Suppress the Stop, challenging the officer’s probable cause to Stop the client’s car in the first place. In doing so, our attorney was able to convince the Prosecutor to reduce the charge to a lesser offense. Then the attorney pushed even further, and was able to persuade the judge to withhold a finding of guilt on the lesser charge, resulting in NO DUI CONVICTION AND NO CONVICTION ON THE LESSER OFFENSE!
Internal Ref# 3800-MR18MM10W10-N
Tourist’s Urine Tests Positive for Sedatives and Sleeping Pills. Arrested for DUI and Disappears for 7 Years
No DUI Conviction!
An officer was dispatched to an accident where he made contact with all parties involved. During the investigation the officer noticed that our client was swaying while standing, that his eyes were red and bloodshot with contracted pupils, and that his speech was slow and slightly slurred. It was also noticed that our client was nervous with visible signs of trembling and unsteadiness. When the investigation was complete a criminal investigation for DUI was conducted. After failing the Field Sobriety Exercises with urine test that came back positive for sedatives and sleeping pills, our client was arrested and taken to jail.
Result: Even though our client was on the run from the police for 7 years, and with this current incident we were able to negotiate a NO CONVICTION!
Internal Ref# 02-MM-20041A
Intoxicated Driver Resists Arrest, Makes Incriminating Statements And Fails Field Sobriety Tests
No DUI Conviction; No Driver’s License Suspension.
A Gulf County Officer pulled over our client for failure to maintain a single lane. The officer observed the vehicle cross the center lane and drift back. It was also observed that the vehicle had crossed the white line to the center lane at a continuous rate. The vehicle then proceeded into the parking lot of a closed gas stating where the officer made contact with the driver. When the officer questioned the driver there was a slight slur in her speech, she had watery eyes and an odor of alcohol admitting from the vehicle. The driver was asked where she was headed to, where she answered that she was just driving around. She was then asked to step out of the vehicle, where she stumbled and use the vehicle as her aid when exiting. She was then asked if she would submit to field sobriety exercises where she had agreed, and performed poorly. She was then placed under arrest and transported to the jail where she was charged with DUI and became verbally hostile to the officers.
RESULT: After diligent negotiations with the ASA (Assistant State Attorney), the result:NO DUI CONVICTION and NO LICENSE SUSPENSION!
Internal Ref# 09-226-CT
Intoxicated Motorcyclist Nearly Runs Police Car Off The Road And Has A Blood Alcohol Level Twice The Legal Limit
NO DUI Conviction and NO Drivers LICENSE CONVICTION!
Our client who was driving a motorcycle had been pulled over for an improper lane change and almost running a police officer off of the road. Upon making contact with the driver, the officer detected the moderate odor of an alcoholic beverage emitting from the facial area. He further observed that both eyes were bloodshot red, glassy, and his pupils were dilated. When asked to step out of the vehicle, it was noticed that our client had a sway to his stance as he stood. The officer then asked if our client would consent to field sobriety exercises, where he advised that he would. After performing the field exercises and failing, our client was arrested and charged with driving under the influence.
RESULT: After diligent negotiations with the ASA (Assistant State Attorney), the result:NO DUI CONVICTION and NO LICENSE SUSPENSION!
Internal Ref# 09-CT-2279
Man Combines Valium With Alcohol, Admits To Taking Pills And Exhibits All Signs Of Intoxication
No DUI Conviction!
Our client had been stopped for failure to maintain a single lane. After the officer had approached the vehicle, he noticed that the driver appeared sleepy, had glassy eyes, and a strong odor of alcohol emitting from the facial area. When asked where he was going, he seemed to be disorientated. The officer asked our client to step out of the vehicle, where he was unsteady on his feet. Field Sobriety Tests were performed, where our client failed. Although, he had taken the breathalyzer and had blown under the limit, he did admit to taking Valium 2-3 hours prior to being pulled over.
RESULT: After diligent negotiations with the ASA (Assistant State Attorney), the result:NO DUI CONVICTION!
Internal Ref# 09-CT-507520
Heavily Intoxicated Driver Causes 2 Car Crash Involving Major Property Damage
DUI Charges Dropped!
After responding to the scene of a two car vehicle crash, the officer reported substantial damage to both vehicles. The officer interviewed both drivers, with one commenting on the erratic driving pattern of the other driver. When our client, the second driver was interviewed, it was noticed by the officer that she had difficulties maintaining her balance on the flat pavement, and that her speech was slurred. When questions were asked, her statements did not make sense to the officer. The officer then asked if our client would be willing to submit to field sobriety exercises to determine if she were under the influence of an alcoholic beverage or controlled substance. Our client agreed to the exercises, where she had performed poorly. A urine test for drugs had been refused.
RESULT: There was no mention of an odor of alcohol in the arrest report; the client refused a urine test for drugs; and the arresting officer who was not a DRE (Drug Recognition Expert) could not testify regarding his opinion that the client was under the influence of a controlled substance. After diligently confronting the ASA (Assistant State Attorney) with the facts, the DUI CHARGES WERE DROPPED!
Internal Ref# 10-CT-501146
Woman Stopped At Random Checkpoint Fails Field Sobriety Exercises
No DUI Conviction!
Our client entered a DUI checkpoint that was hosted by the Cape Coral Police Department. The officer requested our clients driver’s license and vehicle’s registration, which was produced without delay. However, the officer noticed that the drivers speech was slurred coupled with a moderate odor of an alcoholic beverage, emitting from her breath. A request was then made that the driver submit to a series of field sobriety exercises, which the driver performed poorly. Our client refused breathalyzer testing. After completion of the DUI investigation and arrest was made for DUI-Refusal.
Result: After diligent negotiation with the Sates Attorney, and a Motion to Suppress, challenging the sufficiency of the checkpoint policies and procedures and the Multi-Jurisdictional Task Force policies and procedures, the result ended with NO DUI CONVICTION!
Internal Ref# 09-CT-505805
Intoxicated Motorcyclist Blows .16 (Double the Legal Limit), Nearly Runs Cop Off the Road and Fails All Sobriety Tests
No DUI Conviction, No Conviction on Lesser Charge, and No Driver’s License Suspension!
Client was travelling through St. John’s County when he was stopped by a sheriff’s deputy for an improper lane change after he cut off a police car and nearly ran it off the road on his motorcycle. The man smelled of alcohol and had glassy, bloodshot eyes. He swayed on his feet as he spoke with the Sheriff’s Deputies. Upon request, the man consented to field sobriety which he failed. A breath test registered a blood alcohol level of .16, twice the legal limit. The man was arrested and charged with Driving Under the Influence.
RESULT: During negotiations with the prosecutor’s office, his attorney convinced the State to amend the charge, where the conviction was withheld. Client also avoided a driver’s license suspension and jailtime.
Internal Ref# 10-CF-14401
Man Arrested for 3rd DUI, Passed Out at Wheel, in the Middle of Traffic, With Car Running
No DUI Conviction!
Client was found by officers passed out behind the wheel, in an active left hand lane, with his car running. When the officers made contact with the driver, his head was leaning on the head rest, with his eyes completely closed. The officer shouted at the driver with no response, at this point the officer noticed that the vehicle was in drive, with the driver’s foot on the brake. The officer reached in the vehicle, placed the car in park, and removed the keys from the ignition. This had disturbed the driver, who was now awake. The officer asked the driver to exit the vehicle, where he stumbled, and was unable to stand straight. Field sobriety exercises were administered and completed poorly. Our client refused the breath test, and was then taken into custody, and charged with DUI.
RESULT: After diligent negotiations, we were able to obtain a No DUI Conviction!
Internal Ref# 09-47618MM
DUI 2nd Offender, Facing Jail Time, Blows .11; Avoids 5 Year Driver’s License Revocation, Receives No Jail, and No DUI Conviction
As officers were completing a traffic stop, a dark colored Ford F-150 passed by at the regular posted speed when it failed to yield for an emergency. During that time, the patrol units had their rear lights activated, which were illuminated from all angles. The Ford F-150 failed to provide sufficient distance between vehicles, where the driver squeezed between passing traffic and the patrol car, prompting the officer to make a traffic stop, in violation of the Move Over Law. When in contact with the driver, the officer noticed a strong odor of an alcoholic beverage emitting from his facial area, bloodshot watery eyes, and slurred speech. When asked to step out of the vehicle the driver collapsed and fell to the ground. The officer had asked how much he had to drink, where he responded “I had 7-8 beers!” and “I guess that I am over the legal limit?” Field sobriety checks were administered, where our client had failed. After a 20 minute observation period, two breath samples were read, one at .09 and another at .11. Our client was arrested and charged with DUI and cited for the Mover Over Law violation.
RESULT: We filed a Motion to Suppress based on a violation of the multi-jurisdictional mutual aid agreement procedures and no probable cause for the stop. We were able to convince the State to amend the DUI 2nd, resulting in NO DUI CONVICTION!
Internal Ref# 09-CT-507011
Client Loses Control of Car, Flips Over Another Car, Severely Damages Both Vehicles, and Fails Field Sobriety Exercises
No DUI Conviction!
A Collier County Sheriff’s Officer was dispatched to the scene of an accident involving an overturned vehicle. Our client had been driving 30 mph when she lost control of her vehicle coming from around a corner. When approached by an officer she was confused as to what had happened and was worried about the well being of her dog. She had refused to be treated or transported by EMS. It was reported by the officer that our clients pupils were dilated and that she had an odor of alcohol emitting from her facial area. The officer asked if she had been drinking and she volunteered that she had three glasses of wine, and had taken the bipolar medication Clonopin. Our client performed the field sobriety exercises and performed poorly. Our client was then handcuffed (double locked) and charged with DUI – Property Damage.
RESULT: We convinced the State to drop the DUI charge. No DUI Conviction!
Internal Ref# 09-CT-3845
Client Charged with 4TH DUI; Carrying a Firearm, Curses Police Officer, Refuses Breathalyzer
ESCAPES JAIL SENTENCE!
Officers responded to Applebee’s Restaurant in reference to a disturbance by an impaired individual. Contact was made with staff when the officer was advised that a female was causing a disturbance at the restaurant, but was getting ready to leave. Our client proceeded towards the door when the officers observed that she appeared impaired. After leaving the building and allegedly staggering to her car, she proceeded to enter the vehicle on the driver’s side and drove out of the parking lot. Officers proceeded to follow behind her, where they conducted a traffic stop. Officers requested that she take field sobriety exercises and a breath test. Our client refused. She was then asked if she was carrying a weapon, where she responded; “I have a firearm on me right now”. At that point a DUI arrest was made where our client was allegedly hostile, and uttered curse words at the officer.
RESULT: After diligent negations, our client received probation with minimal fines andNO JAIL or PRISON SENTENCE.
Internal Ref# 09-82CFMA
Soldiers Military Clearance Hindered for Failure to Appear in Court on DUI Charge; Warrant Issued
No DUI Conviction!
Our client had been pulled over for driving without headlights, which led to a DUI investigation. When the officer approached the vehicle he had observed a strong odor of alcohol, however, his speech was not slurred. Our client participated in the field sobriety tests and performed poorly. He blew a .17 on the breath test. Client was arrested and charged with DUI. He was later arrested on an outstanding warrant for failure to appear in court. He contacted our office to resolve the case as it was causing issues with his Security Clearance with the United States Military.
RESULTS: During negotiations the State offered the minimum sanctions, but were convinced that they could apply the sanctions from the current date, instead of the earlier date, where the fines were lower and did not require probation. The attorney in this case informed the Court of his intent to file a motion to stay, as the client was stationed overseas. Instead of staying procedures, the court decided that DUI sanctions were close to impossible to complete while stationed abroad during war time. The State accepted these terms. NO DUI CONVICTION!
Internal Ref# CT-23578-W
Man Stopped At random Sobriety Checkpoint Blows .121 and .119
No DUI Conviction!
Client was stopped at a DUI checkpoint, where an officer observed that he made a wide right turn and slammed on his brakes. After making contact with the driver, the officer noticed a strong odor of alcohol emitting from the facial area. When asked if he had anything to drink, he said “a few beers down town”. He had extremely slurred speech and was stuttering over his words. He was then asked where he was going, where he responded that he was “just driving around”. He was then asked to step out of the car, and a request was made to participate in a number of field sobriety exercises, and a breathalyzer, where he blew a .121 and .119. He was then placed under arrest for DUI.
RESULT: A Motion to Suppress was filed challenging the constitutionality of the checkpoint; with the inclusion of a clear video. The State offered DUI School and probation in lieu of the Motion to Suppress. No DUI Conviction!
Internal Ref# 09-CT-508023
Driver Passed Out Asleep at Wheel in the Middle of the Roadway, Admits to Having “A lot” of Alcohol, and Curses at Cops
No DUI Conviction!
Our Client was at a surprise party and drank too much vodka. He was getting ready to leave and go home, when he passed out in his car, behind the steering wheel. The police came up to the suspicious vehicle that had its headlights on, and our client sleeping in the front seat. The keys to the vehicle were not in the ignition, but were laying on the passenger seat within the driver’s immediate reach. After making contact, the officer noticed a strong odor of an alcoholic beverage and blood shot eyes on the driver. The officer asked if our client had been drinking, where he responded that he had been drinking “A lot”. The officer asked the driver if he would perform Standardized Field Sobriety Exercises, at which point he stated “no”. Based on the observations, training and experience, the officer believed that the driver’s normal faculties were impaired by alcohol, where he was then placed under arrest. While being escorted to jail, our client became extremely belligerent uttering curse words at the officer.
RESULT: The attorney convinced the prosecutor to drop the DUI charge. No DUI Conviction!
Internal Ref# 09-CT-822
Driver Caught Speeding, Fail Field Sobriety Tests Escapes DUI Conviction with a Reduced Charge Involving No Conviction
No DUI Conviction!
Client was charged with DUI, after being caught speeding 40 mph in a 25 mph zone. The officer, that conducted the traffic stop, smelled a strong odor of an alcoholic beverage coming from the driver’s breath. It was also observed, that the driver had blood shot watery eyes, and his face was flushed. When asked by the officer if he had been drinking, our client denied the charge, to then admit that he “had three or four beers.” The officer informed our client that he would be conducting a DUI investigation. After agreeing to field sobriety exercises and failing, he was placed under arrest for DUI and transported to jail.
RESULT: The attorney successfully negotiated on behalf of our client, that the State reduce the DUI charge to reckless driving, resulting in a small fine and minimal court costs. No DUI Conviction!
Internal Ref# 2009-CT-19243
Out of State Drunk Driver on Reckless Driving Rampage, Discarding Lit Cigarettes, Swerving and Nearly Striking Vehicles on the Road
No DUI Conviction!
Client was arrested and charged with DUI, after he was pulled over for throwing lit cigarettes out of his car window, swerving, and nearly striking another vehicle on the road. The officer explained the reasons for the stop, and our Client was asked how much alcohol he had consumed, where he responded: “three beers.” The officer then suspected that he was impaired, asking him to submit to a series of field sobriety exercises, where he had agreed, and allegedly failed. The exercises were video-taped by the officer, and submitted into evidence. After a request was made, our Client refused to submit to a breath test, he was then read the Miranda Warning, and taken into custody.
RESULT: The attorney argued diligently, that after reviewing the video-taped field exercises, our Client did not fail the test, that in fact, he passed with “Flying Colors”.No Drivers License Suspension! No DUI Conviction!
Internal Ref# CTC0946396MM
College Student Driving Down the Wrong Side of the Street, Fails Field Sobriety Exercises, Refuses Breathalyzer
No DUI Conviction!
Client was arrested for DUI after allegedly driving down the wrong side of the street, driving over a median, and running a stop sign. FSU police alleged that our Client had an overwhelming odor of an alcoholic beverage coming from the facial area. It was also alleged, that he had bloodshot eyes, and swayed when standing. After being asked if our Client had consumed any alcohol, there was an admission of, “Ya, like two beers.” He was then asked if he would consent to a series of voluntary field sobriety exercises, where our client responded, “No. No way!” Immediately after, he was read an implied consent, and requested to submit to a lawful test of his breath, this request was denied. Based on the personal observations made by the officer, our client was placed under arrest for DUI.
RESULT: The attorney argued that with the absence of field sobriety exercises, and the refusal to take the breathalyzer, observations made were that of the officers personal opinion, due to this, our client avoided multiple criminal convictions. No DUI Conviction!
Internal Ref# 2009-1794A1
Client Blows .270, Over 3 Times the Legal Limit, and Fails Field Sobriety Tests
Our Client was pulled over for erratic driving and an expired tag. It was observed by the officer that the driver had blood shot and watery eyes and a strong odor of alcohol. It was determined after failing the Field Sobriety Exercises where the client blew a .27 on the breathalyzer that the driver was intoxicated and arrested for DUI.
RESULT: The attorney in this case was successful at convincing the prosecutor to agree to a dismissal of the charge in exchange for his participation in some DUI classes. After class participation the charge will then be dismissed with no license suspension.
Internal Ref# 2009-CT-16566-0
Failing To Maintain Single Lane Resulting in A DUI Arrest
Client was stopped by a DUI task force officer for riding on, or crossing over the fog line five times within a mile. Additionally the officer observed a strong odor of alcohol, bloodshot and glassy eyes; stumbling on his words as he spoke; swaying from side to side, all six clues on the HGN (Horizontal Gaze Nystagmus) exercise. The officer had to instruct our client a few times to not move his head; on the heel to toe exercise he lost his balance; fell off of the line.
Internal Ref# 09-CT-506114
Defense Obtained NO CONVICTION from the Court prior to Urinalysis Results
Officers stopped a driver for failing to maintain a single lane of traffic. The driver exhibited signs of intoxication and agreed to participate in sobriety testing. The driver failed roadside testing and blew .04 breathalyzer test. The driver also agreed to take a urinalysis test. Officers arrested the defendant for DUI.
RESULT: The defense negotiated with the State over the fate of the client. The attorney obtained a reduced reckless driving charge prior to the results of the urinalysis test. The client agreed, resulting in NO DUI CONVICTION!
Internal Ref# CS09KF11-06
Driver Stopped for Cutting off Police Cruiser at 4:30 AM; Arrested for DUI
Found NOT GUILTY by Jury!
Officers initiated a traffic stop on a driver who cut off a police cruiser at 4:30 a.m. The driver exhibited signs of intoxication and admitted to drinking at a friend’s home. The officers claimed that the driver had difficulty standing, swayed when he walked and failed field sobriety testing. The driver refused to participate in a breath test and officers arrested him. The driver faces criminal charges of DUI.
RESULT: The defense believed in the innocence of the client and brought the case to trial. The attorney argued the validity of the officers’ claims partnered with the arrest video. The defense claimed the police made a bad DUI arrest and the jury agreed. It took 14 minutes for a jury to find the defendant NOT GUILTY!
Internal Ref# CS09KF012-02
Driver High on 4 Medications Charged with DUI After Running Over 5 Mailboxes
NO CONVICTION and NO DRIVER’S LICENSE REVOCATION!
Officers were called to the scene of a hit and run accident. The driver allegedly crashed into 5 separate mailboxes and then fled the scene. The driver allegedly acted odd and had dilated eyes. The defendant submitted to a urine test and authorities found 4 prescription medications in her system. Officers arrested the driver for DUI.
RESULT: The defense entered into heated negotiations with the State over the fate of the client. The attorney challenged the evidence against the client and proved the prosecution could not secure a conviction. The attorney prevailed with NO DUI CONVICTION and NO DRIVER’S LICENSE SUSPENSION.
Internal Ref# CS09KF11-25
5 Time DUI Offender Stopped at Sobriety Checkpoint; Blows .239 & .209
No DUI Conviction!
A driver entered into a DUI checkpoint and failed to stop as requested. He handed the officer a credit card rather than his driver’s license. The driver failed field sobriety testing and submitted to breath testing. He possessed a blood alcohol content of .239 and .209. Officers arrested the driver for his fifth DUI offense.
RESULT: The defense filed a motion to suppress the constitutionality of the DUI checkpoint hosted by the police. The State offered a reduced charge of reckless driving instead of moving forward with the attorney’s motion. The defense prevailed on behalf of the client with NO DUI CONVICTION!
Internal Ref# CS09KF11-17
Defendant Stumbles Out of Car, Admits to Drinking and Refuses Breathalyzer
No DUI Conviction and No Probation!
Officers stopped a driver for making an improper right hand turn. The driver exhibited signs of intoxication and had difficulty exiting his car. He admitted to drinking beer earlier in the evening and failed field sobriety testing. The defendant refused to participate in a breathalyzer test. Officers arrested the suspect on charges of DUI.
RESULT: The attorney questioned the reliability of the videoed sobriety testing and entered into negotiations with the State. The defense successfully negotiated the case down from DUI to reckless driving resulting in NO DUI CONVICTION, without the client receiving a probation sentence!
Internal Ref# CS09KF11-16
Weaving Driver Blows .115 & .121 Breathalyzer; Arrested for DUI
NO DUI CONVICTION!
Officers initiated a traffic stop on a driver weaving in and out of traffic. The police recognized the driver exhibited classic signs of intoxication: the smell of alcohol, slurred speech, bloodshot and glassy eyes. The defendant agreed to participate in field sobriety testing and failed. He also consented to a breathalyzer test and it registered at .115 & .121. Officers arrested the defendant on charges of DUI.
RESULT: The defense immediately obtained a copy of the arrest video from the patrol car of the police on scene. The attorney questioned the validity of the officer’s claims and filed a motion to suppress evidence challenging the arrest video. The State concurred and offered a reduce charge in exchange for a plea. The defense prevailed for our client with NO DUI CONVICTION!
Client Admits to Drinking 4 Vodka Cocktails, Fails Field Tests & Blows over the Legal Limit
NO DUI CONVICTION and NO CONVICTION ON THE REDUCED CHARGE!
Officers witnessed the defendant swerving in and out of his designated lane. The police noticed that the driver exhibited signs of intoxication. He later admitted to consuming four vodka cocktails and agreed to participate in roadside sobriety testing. The driver also possessed a blood alcohol level of .08 and .081. The police arrested the suspect for DUI and ticketed him for failing to maintain a single lane.
RESULT: The defense challenged the arresting video of the field sobriety tests obtained by police. The attorney moved forward with trial. The State reduced the charges against the client and the Court found no formal finding of guilt resulting inNO CONVICTION! The defense also obtained a DISMISSAL of the traffic ticket!
Internal Ref# CS09KF10-08
Officers Arrest Client after Passing Out Behind the Wheel of his Running Car
Bank employees’ contacted police after a suspicious vehicle with a sleeping driver was parked in their parking lot. Officers smelled alcohol on the suspect and requested he partake in field sobriety testing. The cops reported that the driver failed testing and blew .116 & .109 breathalyzer test. Officers arrested the defendant and charged him with DUI.
RESULT: The attorney argued that the client did not violate the law besides illegally parking in a parking lot. The defense referenced case law to the prosecution that the evidence was subject to suppression. The State agreed and declined to prosecute the case resulting in a DISMISSAL of all charges.
Internal Ref# CS09KF10-29
Officers Arrest Driver Passed Out at the Beach; Charged with DUI
NO DUI CONVICTION!
Officers initiated a stop on a driver illegally parked at the beach in the wee hours of the morning. The police started a DUI investigation, requested field sobriety testing and the driver refused breath testing. The officers arrested the defendant on charges of DUI.
RESULT: The defense filed a motion to dismiss the charges based on the lack of evidence on the client’s driving pattern, breath result or video of field sobriety testing. The State offered a charge reduction in lieu of moving forward with the hearing on the motion. The client chose to accept the plea deal resulting in NO DUI CONVICTION!
Internal Ref# CS09KF08-26
Driver Risks Future in Armed Services with DUI; Blows .104
NO DUI CONVICTION!
Officers witnessed a driver weaving within his lane and crossing over the dividing lane line on multiple occasions. The driver failed field sobriety testing and submitted to a breath test. The driver blew .104 & .014 breathalyzer results. Officers arrested the driver on charges of DUI.
RESULT: The defense negotiated the case with the State. The defense moved forward with trial on behalf of the client. The attorney persuaded the State to reduce the charges based upon the impending trial and the future of the client in the armed services resulting in NO DUI CONVICTION!
Internal Ref# CS09KF08-28
Driver Arrested for Third DUI blows .138 and for Driving All Over Road
NO DUI CONVICTION!
A driver entered into a DUI checkpoint and the officers noticed signs of intoxication. The driver failed field sobriety testing and submitted a breath test. The driver blew .134 & .138 breathalyzer results. Police arrested the driver on his third offense ofDUI.
RESULT: The defense filed a motion to suppress evidence based upon the constitutionality of the DUI checkpoint. The State offered a generous deal based upon the motion of the defense and reduced the charges resulting in NO DUI CONVICTION!
Internal Ref# CS09KF09-22
Third Time Offender Smacks into Toll Booth Walks Away with NO DUI CONVICTION!
Officers witnessed a driver traveling 3-5 mph in a 45 mph zone, straddling the lane divider and swerving from right to left. The officer initiated a traffic stop and the driver exhibited signs of impairment. She failed field sobriety testing and refused to participate in a breath test. Officers arrested and charged the defendant with her thirdDUI offense within 10 years.
RESULT: The attorney moved forward with trial preparations. The defense argued that the client’s diabetes caused her impairment behind the wheel. The defense successfully negotiated a plea of reckless driving plea resulting in NO DUI CONVICTION!
Internal Ref# CS09KF09-24
Defendant Driving on Xanax Passed Out in Patrol Car following Arrest
Officers were notified of a hazardous driver. The driver exhibited signs of intoxication and failed field sobriety testing. The police arrested the driver on suspicions of DUI. The driver passed out in the patrol car on the way to the jail and during the booking process. She blew .00. Officers brought in a drug recognition expert to evaluate the suspect and determined her to be under the influence of a CNS depressant.
RESULT: The defense determined that the client unknowingly took Xanax instead of aspirin when she had a headache. The defense believed in the client’s innocence and moved forward with trial. The attorney proved the State’s case lacked evidence resulting in the dropping of all charges!
Internal Ref# CS09KF09-29
Driver Blew .085 & .083 Over Three Hours Following Arrest for DUI
NO DUI CONVICTION!
Officers were contacted by a concerned citizen over a possible drunk driver. Police observed a driver bouncing in and out of his lane and initiated a traffic stop. The driver exhibited signs of intoxication and failed field sobriety testing. The driver agreed to provide a breath sample and blew .085 and .083 over three hours following the traffic stop. The police arrested the driver on charges of DUI.
RESULT: The defense believed in the innocence of the client and brought the case before a trial. The attorney convinced the State that their case lacked evidence and reduced the charges against the client resulting in NO DUI CONVICTION!
Internal Ref# CS09KF09-29
Driver Almost Hits Light Pole & Becomes Aggressive Inside Patrol Car
NO DUI CONVICTION!
An officer observed an aggressive driver straddling a lane marker, accelerating rapidly, turning abruptly and almost hitting a light pole. The officer stopped the driver and smelled alcohol on his person. The driver agreed to perform field sobriety exercises and failed. The officer arrested driver for DUI and the defendant lost control. He violently banged his head on the glass and cage of the patrol car on his way to jail where he refused breath testing.
RESULT: The defense filed a motion to dismiss the case based on missing video evidence of the client’s arrest. The prosecution offered to amend the DUI charges down to reckless driving in lieu of proceeding with the defense’s motion, resulting inNO DUI CONVICTION!
Internal Ref# CS09KF10-12
Driver Cannot Maintain Single Lane and Admits to Drinking
NO DUI CONVICTION!
Police witnessed a driver having difficulty maintaining a single lane and initiated a traffic stop. The driver exhibited signs of intoxication and admitted to drinking. He staggered out of his vehicle in an attempt to complete field sobriety testing. He failed testing and refused to submit to a breathalyzer test. Police arrested the defendant on charges of DUI.
RESULT: The Defense believed in the client’s innocence and brought the matter to trial. The Attorney proved to the prosecution their case lacked sufficient evidence. The charges were amended to reckless driving resulting in NO DUI CONVICTION!
Internal Ref# CS09KF10-13
Driver Stopped at Checkpoint, Admits to Smoking Pot, Tests Positive for Marijuana
NO DUI CONVICTION!
A driver entered into a DUI checkpoint. Officers noticed that the driver exhibited signs of intoxication. He failed field sobriety testing, breath tested and blew .00. Officers brought in a drug recognition expert who requested a urine test and determined the driver to be under the influence of marijuana. Officers arrested the defendant for driving under the influence.
RESULT: The defense filed a motion to suppress based on the constitutionality of the DUI checkpoint. In an effort to avoid an additional hearing, the State amended the charge resulting in NO DUI CONVICTION!
Internal Ref# CS09KF10-05
Driver Involved in Crash Arrested for DUI and Possession of Drug Paraphernalia
NO CONVICTION AND NO LICENSE REVOCATION!
Officers arrived on the scene of an accident. One driver acted impaired and officers requested she participate in field sobriety exercises. The driver failed testing and agreed to submit to blood testing. A search of the inside of the vehicle yielded the discovery of spoons and heroin. Officers arrested the driver on charges of DUI and possession of paraphernalia.
RESULT: The defense aggressively challenged the evidence against the client. The attorney convinced the State to amend the DUI charges and the Court ruled no formal finding of guilt on the possession of paraphernalia charge. This resulted in NO DUI CONVICTION and NO LICENSE REVOCATION!
Internal Ref# CS09KF09-17
Aggressive Driver Charged with DUI
NO DUI CONVICTION!
Florida Highway Patrol stopped a driver after witnessing him weave in and out of traffic in an unsafe matter. The officer noted the driver smelled of alcohol and exhibited signs of intoxication. The driver refused sobriety testing and subsequently arrested for DUI. The driver then became aggressive with officers, screaming racial and derogatory names. The driver now faces charges of driving under the influence.
RESULT: The defense convinced the State the case lacked evidence to secure a conviction based on the varying degrees of the client’s behavior at the time of the arrest. The defense argued the client had one bad night and is not a repeated law breaker. The State reduced the charges resulting in NO DUI CONVICTION!
Internal Ref# CS09KF10-06
Defendant Charged with Second DUI after Driving through Checkpoint
Driver entered a sobriety checkpoint. The officer noticed the driver smelled of alcohol and exhibited signs of intoxication. He failed field sobriety testing and possessed a blood alcohol content level of .118 and .117, well above the legal limit of .08. Officers arrested the defendant and charged him with DUI, second offense.
RESULT: The defense filed a motion to suppress evidence based on the constitutionality of the checkpoint. The defense convinced the State to avoid an additional hearing on the motion in exchange for reducing the charges resulting in NO DUI CONVICTION!
Internal Ref# CS09KF08-18
Hummer Runs Two Red Lights; Arrested for DUI
NO DUI CONVICTION
An on duty officer witnessed a black Hummer run two red lights. The officer initiated a traffic stop and noted that the driver appeared under the influence. The driver failedfield sobriety testing and refused to submit to a breath test. Officers arrested the driver on charges of DUI.
RESULT: The defense argued the client’s good driving history and lack of sufficient evidence without breathalyzer results. The defense persuaded the State to reduce the charges resulting in NO DUI CONVICTION!
Internal Ref# CS09KF08-18
Driver Failed Field Sobriety Testing and Charged with DUI
Jury Found Client NOT GUILTY on Charges!
An Officer observed a Driver weaving in and out of lanes and cross the white line into oncoming traffic on five separate occasions. The Defendant stopped at a green light when the Officer initiated a traffic stop. He allegedly told the officer that he had three glasses of wine and responded “I can’t do that sober,” after hearing the sobriety testinstructions. The Deputy reported that the suspect failed both of the one-legged stand test and the walk and turn test. The suspect was taken into custody where he refused to submit a blood alcohol content sample. He faces charges of DUI and Refusal to Sign Citation.
RESULT: The Attorney brought the DUI case before a jury trial. The Defense strategically proved to the jury that the Officer performed a bad DUI investigation and cast doubt on the information presented by the Prosecution. The Defense Attorney proved to the Court that the Case against the Client lacked sufficient evidence to retrieve a conviction and the jury found the Client NOT GUILTY.
Internal Ref# CS09KF06-27
Driver Arrested with Blood Alcohol Content Twice the Legal Limit
A Driver allegedly operated a motor vehicle while under the influence of alcohol. An Officer observed the Driver while he remained stopped at a green light. During the observation the Officer noted that the Defendant was passed out at the wheel. A DUI investigation was conducted and the Defendent taken into custody.
RESULT: The Attorney for Musca Law successfully negotiated a generous plea to reckless driving. The client did not receive a DUI conviction.
Internal Ref# CS09RJ07-28
Driver Arrested for DUI First Offense, Bench Warrant & Driving on Suspended License
Police accused the Defendant of unlawfully driving a vehicle under the influence of alcoholic beverages. He submitted to a breath test that registered above the allowed limit. Police also charged the Defendant with operating a vehicle on a suspended drivers license and for an outstanding bench warrant.
RESULT: The Attorney successfully challenged the charges against the Client, resulting in NO DUI CONVICTION. The Attorney also persuaded the Court to aside the bench warrant and dismissed the charge.
Internal Ref# CS09RJ07-13
Driver Fled Crash and Blew .233 & .235
Police were contacted after a driver involved with a crash allegedly fled the scene. Police located the Defendant in a nearby parking lot. Police stated that the Defendant had slurred speech, glassy eyes and smelled of alcohol. The Driver failed Sobriety Testing and submitted a breath test. The suspect blew .233 and .235; this is over 3 times the legal limit of .08.
RESULT: The Defendant faced serious charges of DUI, including: DUI with Personal Injury, DUI with Property Damage, Leaving the Scene of a Crash, Failure to Change Address within 30 Days and Failure to Use Due Care with regard to Crash. The attorney obtained a copy of the arrest video and took depositions to prepare for Court. The Defense convinced the State to DISMISS the charges of Leaving the Scene of a Crash, Failure to Change Address, and Failure to Use Due Care. The atttorney negotiated only the bare minimum penalties for the DUI offense.
Internal Ref# CS09KF06-29
Defendant Facing Prison for 5th DUI Arrest
No Prison Sentence!
An Officer witnessed a Driver traveling at a high rate of speed, lose control of his vehicle and collide with a tree. The Officer suspected alcohol impairment after noticing the Defendant had slurred speech, smelled of alcohol and wore club wrist bands. The Defendant submitted to blood testing and his blood-alcohol level registered as .224 and .226: almost three times over the legal limit of .08. The Police charged the Defendant with DUI (Fifth Offense), Driving on a Suspended License, Reckless Driving, No Valid Driver’s License.
RESULT: The Defendant faced a 5-year prison sentence for his crimes, including his fifth offense of DUI. The attorney worked tirelessly for the Client to avoid prison time. The Defense Attorney negotiated a generous plea deal for the Client resulting in NO PRISON SENTENCE!
Internal Ref# CS09KF06-29
Driver Found with Marijuana in his System Passed Out Behind Wheel & Crashed
All Charges DROPPED!
A Driver was involved in a single car accident with a toll plaza. Medics arrived and had to restrain the Driver because he was combative. The ambulance took the Defendant to the hospital for an examination. The hospital determined the Driver had diabetes and used an insulin pump. The hospital also found marijuana in the Driver’s system. The Police charged the Defendant with DUI and DUI with Property Damage.
RESULT: The Defense obtained expert testimony on Driver’s diabetic condition. The Doctor testified that the Client’s combative state was due to diabetic shock, and a hypoglycemic event caused the driver to pass out prior to the crash. The Defense presented the details of the case to the Prosecution and the State agreed to DROP all charges against the Client.
Internal Ref# CS08MM02-12
Driver Under Influence of Prescription Pills Slams into Parked Car; Charged with DUI, DUI with Property Damage & No Proof of Insurance
NO DUI CONVICTION & NO PROOF OF INSURANCE DISMISSED
A driver under the influence of prescription pills almost hit a pedestrian and crashed into a parked car. The Police responded to the scene. The Officer noticed the Driver had slurred speech, bloodshot/watery eyes and a difficult time keeping his eyes open. The Driver denied that he had been drinking, but admitted to taking prescription pills just hours before the accident. The Driver failed Field Sobriety Testing and agreed to a Breathalyzer Test. The Driver blew .00 and refused to submit to a urine sample. The Police arrested and charged the Defendant with DUI, DUI Property Damage and No Proof of Insurance.
RESULT: The Defense discussed the details of the case with the Prosecution. The Defense convinced the State that their case lacked sufficient evidence. The Defense believed in the Client’s innocence and moved the case forward to trial. The CourtDISMISSED the charges of DUI and No Proof of Insurance. The Client entered a plea to a lesser charge and did not receive a DUI conviction.
Internal Ref# CS08MM02-20
Man Accused of Drunk Driving Found With Xanax in Trunk & Open Bottle of Vodka
Trial Attorney Obtains NOT GUILTY Verdict by Jury
An eye witness alerted an off-duty Fish and Wild Life Officer to a vehicle driving recklessly in the neighborhood. The Officer searched the neighborhood in his unmarked patrol car for the suspect and spotted the Defendant. Reportedly, the Defendant ran a stop sign and parked his car on the side of the road. The off-duty Officer approached the Defendant as he stood near his vehicle. Noticing signs of impairment, the Officer reported a possible DUI to the local sheriff’s department. Defendant refused sobriety tests and was placed under arrest for DUI. Search of his vehicle revealed an open container, a bottle of Vodka and a non-prescription pill bottle containing Xanax.
RESULT: Attorney at Musca Law demanded a trial on the merits of the case, thereby forcing the State to prove their case beyond and to the exclusion of any reasonable doubt. The Defense attacked every aspect of the arresting officer’s contact with the Defendant and persuaded the jury to find the Defendant NOT GUILTY! Our Client is eligible to have his charges expunged.
Internal Ref# CS099MM04-21
Defendant Blows .137 & .128 DUI
Defendant was stopped by police for driving over the speed limit. Police suspected alcohol intoxication and Defendant submitted to sobriety tests. He then submitted to a breath test with results of .137 and .128. Search of the Defendant’s vehicle revealed a pouch containing marijuana. Defendant was arrested and charged with DUI, Possession of Marijuana, and Possession of Drug Paraphernalia.
RESULT: The attorney entered into firm negotiations with the Prosecution. The Client entered a plea to a lesser offense resulting in NO FORMAL FINDING OF GUILT on the charge of DUI. No Points were assessed to the Client’s Driver’s License and his License was Not Suspended. In addition, the Client did not get convicted of Possession of Marijuana and Drug Paraphernalia and is eligible to have his record sealed!
Internal Ref# CS099MM02-20
Client Accused of Leaving Toddler at Home with the Oven On to Make Fast Food Run; Arrested for DUI & Child Neglect
NO CONVICTION ON DUI OR CHILD NEGLECT!
At midnight, our Client left his 2-year old daughter home alone with the oven on at 450 degrees. The Client left the child alone todrive to a fast food restaurant. In route, the Police pulled the Client over for driving without headlights. The Police arrested and charged the Client with DUI. The Police went to the Client’s home and found his 2-year old, sleeping daughter with lasagna boiling over inside the 450 degree stove. The State also charged the Client with Child Neglect.
RESULT: The Defense Attorney brought the case before trial. The Attorney proved the Client had full ability to control his vehicle and exposed contradictions in Officer testimony. The Attorney also made evident to the Court that the child was found in sleeping, comfortable and in good health. The Court ruled in the Defense’s favor withNO CONVICTION on the charges of DUI and Child Neglect.
Internal Ref# CS09MM06-11
Driver Cannot Blow Breath Test; Arrested for DUI
NO DUI CHARGES FILED BY STATE
A driver caused a traffic accident after he experienced diabetic ketoacidosis, a life threatening complication of diabetes. The Police felt that alcohol also contributed to the crash and investigated the driver for DUI. The Police requested a breath sampleand informed the Driver he would lose his license if he refused to cooperate. The Driver submitted to a Breathalyzer Test and had difficulty completing it. The Police arrested the Defendant and charged him with DUI.
RESULT: The Defense aggressively challenged the facts of the case against the Prosecution. The Defense documented and presented to the Court that the Client suffered from many medical conditions besides diabetes that may have impacted the Breathalyzer Test. The Attorney persuaded the State not to file charges. The StateDISMISSED the case against our Client.
Internal Ref# CS08MM08-13
Elderly Driver Nearly Hits Officer with Town Car; Charged with DUI
NO DUI CONVICTION!
A town car nearly struck a Police Officer assisting on a traffic stop. The Officer followed the driver and pulled her over after witnessing her weave in and out of traffic. During questioning, the 70-year driver admitted to drinking wine with lunch and acted confused as to her whereabouts. The elderly driver refused to participate in Field Sobriety Testing and was arrested. The elderly suspect wet herself in the Police cruiser and refused to submit to a Breathalyzer Test while at the jail. Police charged the Defendant with Driving Under the Influence and Refusing to Submit to a Breathalyzer Test.
RESULT: The Defendant hired Musca Law Firm to fight the charges against her. TheDefense Attorney filed a Motion to Consolidate both charges against the Client and prepared for trial. The Court ruled in favor of the Defense dismissing the DUI charge and the Client entered a plea to a lesser charge. The Client is now eligible to have her records sealed.
Internal Ref# CS08MM08-06
Driver Stopped at DUI Check Point Charged with DUI, Refusal to Submit Breath Test & Seatbelt Violation
NO DUI CONVICTION; BREATH TEST AND SEATBELT VIOLATION CHARGES DROPPED!
The Police pulled the Defendant over at a DUI Check Point. The Officer noticed that the Defendant smelled of alcohol, stumbled when he walked and had slurred speech. The Defendant performed the Field Sobriety Testing and refused a Breathalyzer Test. The Defendant was arrested and charged with DUI, Refusal to Submit to a Breathalyzer Test and cited on a Seatbelt Violation.
RESULT: The Defense believed in the Client’s innocence and requested that the case go before a jury trial. The Defense convinced the Prosecution that their case lacked sufficient evidence and the Defense was prepared to prove it. The ProsecutionDROPPED the Seatbelt Violation and the Refusal to Submit to a Breath Test charge. The Client entered a plea to a lesser charge resulting in NO DUI CONVICTION!
Internal Ref# CS08MM01-17
Driver Passed Out in Car, Cannot Stand Up & Admits to Drinking; Charged with DUI
NO DUI CONVICTION!
An Officer on patrol noticed a suspicious vehicle parked behind a neighborhood bar. Upon further inspection, the Driver of the vehicle is passed out and slumped over the steering wheel. The Officer bangs on the driver’s side window for several minutes before the Driver awakens. The Officer asks the driver to get out of the car and he responds by screaming, “I do not know how!” After receiving instructions from the Police on how to exit his car, the driver can barely stand up and reeks of alcohol. The driver admitted to Police he has been drinking and refuses sobriety testing. TheDefendant was arrested and charged with DUI.
RESULT: The Defense Attorney successfully argued the Defendant’s motives while passed out in the car. The State was persuaded by the Defense Attorney to lessen the charges against the Client, resulting in NO DUI CONVICTION!
Internal Ref# CS099MM01-12
Slow-Moving Tourist Arrested on Rental Scooter
NO CONVICTION on Reckless Driving Second Offense and Refusal to Submit to Breathalyzer
A Key West vacationer had too much fun in the sun after a family reunion on his rented motor scooter. At 4:50 a.m., police pulled over a driver cruising 15 mph in a 35 mph zone and causing a traffic back-up on the beach streets. Police observed a lost vacationer, smelling of alcohol and having difficulty standing. The Defendant refused sobriety testing, and was then arrested and charged with Reckless Driving Second Offense and Refusal to Submit Breath Test.
RESULT: Attorney Musca successfully negotiated terms with the State Attorney under nearly impossible circumstances, and was able to obtain a DISMISSAL of the Reckless Driving Second Offense charge and NO FORMAL FINDING OF GUILT on the Refusal to Submit to Breathalyzer charge.
Internal Ref# CS099MM05-06
Vietnam Vet Swerving in Camper; Charged with DUI
NO DUI CONVICTION!
An informant contacted the Police of a noticeably intoxicated elderly driver leaving a local establishment. Police initiated a traffic stop and claimed the Defendant smelled of alcohol, had bloodshot and watery eyes, slurred speech and difficulty with balance. The Officer requested that the Client participate in a Field Sobriety Testing and the Client agreed. The Defendant explained to the officer that he sustained a leg injury from the Vietnam War and took 8 prescription medications daily for pain and the treatment of Post Traumatic Stress Disorder. The Client poorly walked the white line and then placed under arrest and charged with DUI. The Defendant submitted breath and urine samples at the jail. Both samples registered below the legal limit for alcohol consumption.
RESULT: The Attorney tirelessly researched the side effects of the Client’s prescription medications and filed motions preventing some of the State’s evidence from being included into testimony. The Attorney’s strategy resulted in NO DUI CONVICTION!
Internal Ref# CS099MM04-27
Distracted Driver Playing on Cell Phone Swerves onto Sidewalk; Charged with DUI
NO DUI CONVICTION!
A distracted driver playing on his cell phone at 1:00 a.m., drifts out of his lane and onto the white line. A Police Officer turns on his lights to initiate a traffic stop and the driver abruptly pulls over onto a neighboring sidewalk. The Officer observes that the driver is off balance and sluggish, has watery eyes, slurred speech and smells of alcohol. The driver agrees to perform a field sobriety test and performs poorly. The Defendant is placed under arrest for DUI and then refuses to submit to a Breathalyzer Test at the county jail.
RESULT: The attorney used the police car’s video tape to determine that the officer on duty did not have enough evidence to initiate a traffic stop upon the Client. After being placed under arrest, the Client chose not to take a breath test; resulting in no evidence of him being under the influence of any substance. The charge of DUI wasREDUCED The Client is now eligible to have his record expunged.
Internal Ref# CS099MM04-24
Stopped for Driving Below the Speed Limit Results in DUI Arrest
Aggressive DUI Defense Results in NO CONVICTION & NO LICENSE SUSPENSION!
Our Client, driving home from a late night gathering, was traveling 45mph in a 55mph zone and stopped by Police. Upon conducting a traffic stop, Police noticed slurred speech and glassy eyes. The driver agreed to perform sobriety testing and gave twobreath samples above the legal limit. The Defendant was arrested and charged withDUI.
RESULT: After thorough investigation of the evidence against our Client, we made a strong defensive argument on his behalf. We successfully challenged the results of the breathalyzer and called into question its accuracy. After reviewing the video of the sobriety testing, we disagreed with the deputy’s opinion of our Client’s performance. After numerous attempts to negotiate this case, the State finally agreed to reduce the charge. Our Client did not get convicted of DUI; entered a plea to a lesser charge, and did not have 4 points assessed to his driver’s license. We established further success in winning the formal hearing with the Department of Motor Vehicles for our client. Our client’s license was never suspended.
Internal Ref# CS099MM03-19
DUI Arrest; Caught Speeding & Arrested for DUI
NO DUI CONVICTION!
The Defendant was stopped for speeding and drifting between lanes. The arresting Officer reported the Defendant smelled of alcohol, had bloodshot eyes, staggered and swayed while walking. The Defendant refused sobriety testing and placed under arrest for DUI.
RESULT: After aggressive negotiations with the Prosecutor, the State agreed to dismiss the DUI charge and the Defendant entered a plea toa lesser charge.
Internal Ref# CS099MM03-17
Woman Involved in Fast Food Fender Bender Charged with DUI Accident with Property Damage
Defendant was at a late night drive through and bumped into the car in front of her. Police were called to the incident and noticed several signs of impairment. After completing sobriety testing, the Defendant was arrested and charged with DUI causing property damage, and Careless Driving.
RESULT: The Attorney was able to pick apart the Prosecutor’s case and persuade the State to reduce the charge to Reckless Driving. In addition, the Attorney’s efforts produced a dismissal of the Careless Driving Charge resulting in no points to her Driver’s License.
Internal Ref# CS099MM03-05
Florida Tourist Arrested for DUI; Breath Test Results Double the Legal Limit
DUI CHARGE DISMISSED!
Defendant was stopped for weaving between lanes and asked to perform field sobriety tests. Defendant took a breath test with results of .158 and .168. Police arrested the Defendant and charged her with DUI, as well as a citation for Failure to Maintain a Single Lane.
RESULT: The attorney negotiated with the State Attorney’s Office and the State agreed to dismiss the DUI. The Defendant plead to a lesser charge and the Failure to Maintain a Single Lane was DISMISSED.
Internal Ref# CS099MM03-03
Driver Arrested for DUI After Car Jumps Curb and Lands in Shrubs
DUI with Property Damage Involving Crash: DISMISSED!
Refusal to Submit to a Breath Test: DISMISSED!
DUI: NO CONVICTION!
Driving home from Applebee’s Restaurant, Defendant’s vehicle was observed by police traveling at a high rate of speed. Police followed the Defendant and witnessed his vehicle making a left hand turn, hitting into a cement curb, and landing in shrubbery. The Police Officer made contact with the Defendant and noticed a strong odor of alcohol, bloodshot eyes and slurred speech. Defendant refused sobriety tests and refused to take a breath test. He was arrested and charged with DUI, DUI with Property Damage, and Refusal to Submit to Breath Test.
RESULT: Our experienced DUI defense attorneys aggressively challenged the admissibility of the refusal to submit to a breath test and convinced the Prosecutor that they did not have sufficient evidence to support a DUI conviction. The Client entered a plea to a lesser charge resulting in NO FORMAL FINDING OF GUILT on the DUI charge and no points will be assessed to the Client’s license. The Client is now eligible to have his records expunged.
Internal Ref# CS099MM02-23
Two Miles of Erratic Driving Leads to DUI Arrest
Effective Defense Strategy Generates Results – DUI DISMISSED!
Our Client was driving home at midnight and followed by Police Officers for 2 miles, claiming his vehicle was weaving and traveling at erratic speeds. Suspecting alcohol intoxication, they pulled the Defendant over. Defendant failed sobriety testing and refused a breath test. Police charged our Client with DUI, Refusal to Submit to a Breath Test, and an Open Container violation.
RESULT: By taking an aggressive stance for our Client, we pushed forward negotiating with the State Attorney. The State agreed to dismiss the DUI and the Defendant plead to a lesser charge. The Court finds no formal finding of guilt on the Open Container violation.
Internal Ref# CS099MM02-19
A Day of Swimming Assisted in Defendent’s DUI Arrest
Winning Legal Defense Strategy Prevails: Another DUI DISMISSED!
Police accused Defendant of running a stop sign. During the traffic stop, Officers observed signs of impairment, claiming a strong odor of alcohol, bloodshot eyes and Defendant swaying while walking. Defendant failed field sobriety testing and was placed under arrest for DUI. Our Client maintained that he did not run the stop sign, but needed to pull forward at the intersection in order to see oncoming traffic. His blood shot eyes were a result of being in a swimming pool prior to driving and his observed sway is from a permanent physical disability.
RESULT: Our experienced DUI attorneys successfully convinced the State Attorney they would be unable to secure a conviction. The State DISMISSED the DUI charge and our Client plead to a lesser charge. The Attorney’s actions also resulted in a DISMISSAL of the violation for running a stop sign.
Internal Ref# CS099MM02-12
DUI Arrest of Military Soldier
Motion to Suppress Breath Test & Results: CASE DISMISSED!
Police responding to a possible battery at a restaurant observed a man fitting the suspect’s description in the parking lot. Attempting to back out of his parking spot, the man hit the car in front of him. After conducting field sobriety tests, Police arrested the Defendant and charged with DUI. Defendant submitted to a Breath Test and blew over the legal limit.
RESULT: Our experienced DUI Attorney aggressively challenged the Breath Test and motioned to suppress the results. The Motion enhanced our defense strategy, taking away from the State the key elements required to prosecute the case and secure a conviction. After firm negotiations, the State issued a Nolle Prosequi, dismissing the case against our Client. Our Client is eligible to have his records sealed.
Internal Ref# CS099MM01-30
Defendent Clocked 20 miles Over Speed Limit Arrested for DUI & Received a Suspended License
DUI CHARGE REDUCED & LICENSE SUSPENSION LIFTED!
Defendant’s vehicle was followed by Police traveling 55mph in a posted 35mph zone. Police stopped the Defendant and upon contact noticed a strong odor of alcohol, slurred speech and watery eyes. Defendant refused sobriety testing and was arrested for DUI. Defendant refused to submit to a Breath Test and his license was suspended.
RESULT: The DMV Hearing Officer agreed with our Attorney’s argument finding insufficient evidence to support suspension of our Client’s license, thereby restoring his driving privilege. Pursuant to a plea, the State REDUCED the DUI to a lesser charge.
Internal Ref# CS099MM01-14
Driver with Blood Alcohol Level Double the Legal Limit Involved in Borrowed Motor Cycle Crash
DRIVING WITHOUT A VALID LICENSE: DISMISSED!
Defendant had been drinking with friends and asked to borrow a motorcycle belonging to one of them. Defendant was unable to control the motorcycle and was ejected, suffering lacerations to the majority of his body and a serious head injury. Police charged the Defendant with DUI With Serious Bodily Injury and Operating a Motorcycle Without a Valid License.
RESULT: The Attorney was able to successfully negotiate a plea and the DUI charge was broken down to Reckless Driving. The State DISMISSED the charge of Driving Without a Valid License.
Internal Ref# CS099MM01-14
DUI Arrestee Becomes Violent in Jail
Resisting Arrest: CHARGE DISMISSED!
Defendant was in custody after being arrested for DUI. At the jail center, Defendant became uncooperative and verbally abusive with Deputies. Defendant then became out of control and deputies performed a take down to regain control of him. Defendant received an injury requiring medical attention and was charged with Resisting Arrest Without Violence.
RESULT: After obtaining all of the evidence in the case, our Attorney convinced the State to DISMISS the charge.
Internal Ref# CS099MM01-13
Man Looking for Help Arrested for Leaving the Scene of a Crash and DUI
DUI: REDUCED! – LEAVING THE SCENE: DISMISSED! – SUSPENSION: SET ASIDE!
The Defendant was cut off by another driver and swerved to avoid a collision; causing his vehicle to rollover. The Defendant crawled out of his car and went for help. Police were called to the scene and found the vehicle with no driver. When the Defendant returned to the scene he was arrested and charged with Leaving the Scene of a Crash and DUI with Property Damage.
RESULT: The Attorney presented an aggressive challenge to the evidence against our Client. The State dropped the charge of Leaving the Scene and reduced the DUI charge to Reckless Driving. The Department of Motor Vehicles set aside the suspension of our Client’s license.
Internal Ref# CS088MM04-21