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DUI Wins

Our Recent Victories

Case: STATE V. G.M. Judge

The defendant was arrested on charges of child abuse, aggravated battery and domestic violence.

The defendant was alleged to have struck his spouse. His children were supposedly present when the aggravated battery took place. The defense was successful in having all charges dismissed.

Case: STATE V. D.G. Judge

The defendant was charged with Carrying A Concealed Firearm & Obstruction Of Justice.

The defendant approached the officers while they were investigating a possible drug transaction. The defendant began to question why the officers were "messing" with the subject. After requesting the defendant to leave the area he was eventually taken into custody for obstruction of justice. A pat down search later revealed a fully loaded 9mm firearm. After conducting an independent investigation and deposing each of the witnesses, the defendant was not convicted of any charges. The gun was returned to the defendant.

Case: STATE V. A.F. Judge

Armed Robbery

The defendant was charged with armed robbery facing 30 years Florida state prison. The defense had the charges reduced to battery, and the defendant received no jail.

Case: STATE V. J.L. Judge

Loitering, Prowling

The defendant and his passenger were parked at 3:22 a.m. behind a series of closed businesses. As an officer approached, the defendant drove away. The officer followed the defendant and eventually stopped him driving in reverse down an alley. A hammer, gloves and a chisel were found in the vehicle. The defense filed a motion to suppress based on an unlawful stop. The motion was granted and the evidence was thrown out.

Case: STATE V. R.R. Judge

Sexual Battery, Burglary with an Assault and Battery

The defendant was charged with Sexual Battery and Burglary with an Assault and Battery. He faced Life in prison. At trial, the alleged victim testified that her underwear was ripped, that she scratched the defendant’s back causing severe marks, and that he broke in without permission. The two did know each other. The defendant testified she let him in the house after calling him to come over that night and the sex was consensual. Upon cross examination of the lead detective, he testified he found no ripped underwear and no scratches on the defendant’s back corroborating the victim’s story. The defendant was found not guilty on all counts.

Case: STATE V. H.M. (NOT JURY TRIAL) Judge

Felony Fleeing, Eluding the Police

The defendant was charged with felony fleeing and eluding the police and faced up to five years in prison. The defendant received no felony conviction on his record, no probation, and not one day in jail.

Case: STATE V. C.S. Judge

Aggravated Battery with a Deadly Weapon

The defendant was charged with aggravated battery with a deadly weapon (a knife). He faced up to 15 years in State prison. The defendant was cab driver who picked up some drunken men. They got very rowdy in the cab and he asked them to get out. The men refused ton leaved the taxi and they all jumped him. He then pulled a knife in self defense cutting one of the men. At trial on cross examination, all the men in cab gave different versions of what happened outside the taxi prior to and during the stabbing. The jury found him not guilty.

Case: STATE V. J.M. Judge

Felony Leaving the Scene of an Accident

The defendant was charged with felony leaving the scene of an accident. He faced up to five years in prison. At trial, the defense argued the defendant did not leave the scene and simply went down the road to call for help. The jury found him not guilty.

Case: STATE V. M.H. Judge

Lewd and Lascivious Act on a Child Under 16 Years Old

The defendant was charged with Lewd and Lascivious Act on a Child under 16 years old. The defendant faced up to 15 years in prison. At trial, the defendant testified the alleged act never took place and that his teenage daughter hated him for always trying to discipline her. The defense was able to impeach her with her pre-trial testimony numerous times to attack her credibility. The jury believed the defendant and found him not guilty.

Case: STATE V. E.W. Judge

Robbery in the Second Degree

The defendant was charged with robbery in the second degree and faced up to 15 years in State prison. He was alleged to have robbed a jewelry store. An FBI agent became involved in the case and showed only one picture of a suspect to the victim in the store. That picture just so happened to be the defendant so she said it was him who robbed her. At trial, the defense argued the agent should have showed a photo pack with more than one picture and only showing one photo was very suggestive. The jury agreed and found the defendant not guilty.

Case: STATE V. E.S. Judge

Felony Animal Cruelty

The defendant was charged with felony animal cruelty for allegedly throwing cats out his car window on a busy highway. He faced five years in prison. The defendant testified at the trial that the stray cats were actually hiding under the truck as they always hid under his truck at his trailer park as they did under other cars in the park. The defense also argued it was ridiculous to believe a defendant was throwing cats out his window as the two witnesses testified during rush hour on the busiest street in the county with hundreds of people to see the alleged crime taking place. The jury did not believe the witnesses and the defendant was found not guilty.

Case: STATE V. J.G. Judge

Second Degree Murder, Being a Convicted Felon in Possession of a Firearm

The defendant was charged with second degree murder and being a convicted felon in possession of a firearm. The defendant faced life in prison. The two counts were severed and the State tried the defendant on the felon in possession charge first. At trial, the defense was able to impeach witness after witness as their stories contradicted each others on major points. The primary defense in the case was that the defendant only grabbed the gun and shot the victim out of “necessity” to protect his relative who was getting beat up in the street. The jury found the defendant acted out of “necessity” under the law and found him not guilty. He later received probation and not one day in jail on the murder charge as none of the witnesses were credible after the first trial.

Case: STATE V. C.M. Judge

Lewd and Lascivious Sex Acts with a Child Under 16 Years Old

The defendant was charged with Lewd and Lascivious Sex Acts with a Child Under 16 years old. He faced 30 years in prison. At trial, the defendant testified that he did not commit the acts alleged and that the child was lying due him being a strict step parent. The defense argued that was her motive to lie and fabricate the story. He was found not guilty by the jury.

Case: STATE V. C.T. Judge

Aggravated Battery

The defendant was charged with aggravated battery which she faced up to 15 years in prison. The defendant testified she and the alleged victim had numerous problems in the past and that the entire story was a lie. Also, the defense pointed out to the jury that the victim had no visible injuries to corroborate her story to the police. The defendant was found not guilty.

Case: STATE V. J.C. Judge

Aggravated Assault with a Firearm

The defendant was charged with aggravated assault with a firearm facing a three year minimum mandatory prison sentence. At trial, the victim, who was the ex-girlfriend of the defendant, stated the defendant pulled a gun on her. She told police the gun was positively black, yet the gun found by police was bright silver. The defendant also testified about their rocky relationship prior the allegation. The defendant was found not guilty.

Case: STATE V. M.F. Judge

Attempted First Degree Murder with a Gun

The defendant was charged with attempted first degree murder with a gun and facing life in prison. The defendant was alleged to have gone over to someone’s trailer to collect money. The defense alleged at trial, the victim pulled a weapon first in a scuffle and the defendant acted in self defense by shooting the individual to protect his life. He was found not guilty.

Case: STATE V. L.H. Judge

Robbery with a Deadly Weapon

The defendant was charged with robbery with a deadly weapon (to wit: a stick). If convicted, he faced life in prison. The defendant had a lengthy felony record. At trial, a photo pack was shown to the victim who picked the defendant out of the pictures. When the photo pack was shown at trial, the defendant’s head was the smallest and looked nothing like the other five men in the pack. The defense argued misidentification due to the suggestive nature of the pictures. The defendant was found not guilty.

Case: STATE V. R.S. Judge

Five Counts of Aggravated Assault with a Deadly Weapon, Aggravated Battery on a Police Officer with a Deadly Weapon

The defendant was charged with five counts of aggravated assault with a deadly weapon (a car) and aggravated battery on a police officer with a deadly weapon (a car). He faced up to 105 years in prison. At trial on all charges, the defense argued the defendant’s “intent” was to get away from police during the chase, not to cause them fear. The jury found no “intent’ and found him not guilty on all counts.

Case: STATE V. V.B. Judge

Possession of Cocaine

The defendant was charged with possession of cocaine. He faced five years in prison on this third degree felony. All the officers contradicted each other’s testimony when cross examined and the defendant was found not guilty.

Case: STATE V. V.F. Judge

Armed Burglary of a Dwelling

The defendant was charged with armed burglary of a dwelling which was punishable by life in prison. The victim in the case was the defendant‘s estranged relative. On the witness stand, she made one inconsistent statement after another upon repeated questioning by the defense. The jury found her testimony to be not credible and he was found not guilty.

Case: STATE V. J.O. Judge

Sexual Battery

The defendant was charged with Sexual Battery. He faced up to 15 years in State prison if convicted. At trial, the victim elaborated her story in that she stated the defendant hit her and ripped her clothes. The detectives did not corroborate her story when they testified. Further, the day after the alleged rape, the victim went to the defendant’s house to confront him. At trial, the defense argued that it was absolutely ridiculous an alleged rape victim would go to the alleged rapist’s house. Along with the contradictions in her story versus the physical evidence brought out on cross examination, the jury found him not guilty.

Case: STATE V. D.R. Judge

Attempted First Degree Murder and Aggravated Battery

The defendant was charged with attempted first degree murder and aggravated battery. The defendant stabbed the alleged victim in a bar fight. The accuser made several allegations at trial which were not consistent with his pre-trial deposition testimony. Also, the defense argued self defense since the accuser attacked the defendant first according to eye witness statements. The jury found the defendant not guilty on both counts. If convicted, the defendant would have been sent to prison for the rest of his life.

Case: STATE V. L.R. Judge

Two Counts of Battery on Law Enforcement Officers

The defendant was charged with two counts of battery on law enforcement officers and facing ten years in prison. The defense was able to establish that the defendant acted in self defense as he was being beaten by the cops and pepper sprayed. The jury found the defendant not guilty on both counts.

Case: STATE V. M.W. Judge

Robbery with a Firearm

The defendant was charged with robbery with a firearm. The crime was punishable by life in prison. The defense argued the defendant was misidentified by the victim. The jury found the defendant not guilty.

Case: STATE.V. R.P. Judge

Four Counts of Aggravated Assault with a Firearm and Shooting into a Dwelling

The defendant was charged with four counts of aggravated assault with a firearm and shooting into a dwelling. She faced up to 35 years in prison, including 3 year minimum mandatory prison sentences on each aggravated assault count. At trial, numerous witnesses gave different accounts about the incident as each witness was questioned by the defense. Due to their contradictory stories and conflicts in the evidence, such as no shell casings being found by police, the jury found the defendant not guilty on all counts.

Case: STATE V. M.A. Judge

Attempted First Degree Murder, Aggravated Battery on a Law Enforcement Officer, Grand Theft of a Motor Vehicle, Resisting an Officer with Violence

The defendant was charged with attempted first degree murder, aggravated battery on a law enforcement officer, grand theft of a motor vehicle, and resisting an officer with violence. The defendant was facing life in prison. At jury trial, the defense argued the defendant acted in self defense. The defense put the defendant on the witness stand to tell his side of the story that he was just protecting himself and the jury found him not guilty on all charges.

Case: STATE V. J.T. Judge

Lewd and Lascivious Act on a Child Under 16 Years Old

The defendant was charged with lewd and lascivious act on a child under 16 years old. The defendant was facing up to 15 years in the State Prison. At trial, the defense was able to impeach the alleged victim with inconsistencies in her statements on cross examination. The jury found the defendant guilty of a lesser charge, misdemeanor battery, and he received probation and not one day in jail.

Case: STATE V. R.F. Judge

Grand Theft, Burglary of a Structure

The defendant was charged with grand theft and burglary of a structure. The defendant was facing ten years in prison. The State could not prove its case beyond a reasonable doubt based on inconsistencies the defense was able to point out to the jury and the jury found the defendant not guilty on both counts.

Case: STATE V. K.S. Judge

The police conducted a traffic stop on the defendant's car for a seat belt violation. When the officer approached the car, he smelled an odor of marijuana coming from inside the vehicle. The officer had the defendant step out of the car and then noticed marijuana in plain view on the rear left rear floor board in a zip locked bag. The defendant admitted the marijuana was his for personal use. The defendant was charged with possession of marijuana.

The defendant received No criminal conviction for a drug charge and the firm also saved the defendant from losing his driver's license for two years by not being convicted of said drug charge.

Case: 19-CT-001773 Judge Cameron
The defendant was stopped for failing to maintain s single lane. He was alleged to have traveled over the fog lines. Officers observed an odor of alcohol, and red/glassy eyes. He had to steady himself while getting out of the car. He then performed various field sobriety tests such as the walk and turn, finger to nose and HGN (eye test). He was then arrested for DUI and later refused the breath test.
The officers who stopped the defendant were outside their jurisdiction. The State did not provide what is called a mutual aid agreement between the two cities authorizing one jurisdiction to conduct traffic stops in the other's jurisdiction. In addition, the officers had body worn cameras but did not video any roadside tests for whatever unknown reason. The State Dropped the DUI, and the defendant, who is a CDL license holder, received No criminal conviction on his record.
The State dropped the DUI.
Case: 21-CT-006470 Judge Damico
The defendant was stopped for swerving in and out of traffic and almost hitting a house, after a 911 caller relayed what they had seen. Upon contact, the officers noticed the defendant to have an odor of alcohol, glassy eyes, and slow dexterity. She was unstable, her speech was mumbled, and she had slow comprehension. She performed poorly on the roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later blew .166, .134, and .145 in the breath machine.
The officer did not see any driving pattern upon stopping the defendant. Thus, he had no corroboration to legally justify the traffic stop Thus, the lawfulness of the traffic stop was called into question.
The State dropped the DUI.
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