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DUI Wins

Our Recent Victories

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: 24-CM-003133 Judge Rich
The defendant was stopped after he was observed weaving all over the road. Officers noticed an odor of alcohol, red/watery eyes, he fumbled with his documents, and he appeared unsteady. Officer noticed a vegetative like substance on the defendant's person that appeared to be marijuana. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a urine test.
Officers believed he was impaired by drugs and not alcohol. Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything.” The cops never sent any of the "vegetative" substances off to the lab for testing.
The DUI was Dismissed.
Case: 24-CT-044719 Judge Musselman
The defendant was stopped for speeding. Officers noticed an odor of alcohol, mumbled speech, and a fixed gaze. She stated she had consumed two beers, swayed while she stood, and she used the car for balance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
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