Case No: 06-013407MM10A

Defendant was stopped for speeding. At trial the arresting officers testified that client had an odor of alcohol, bloodshot eyes, flushed face and slurred speech. The officers also testified client failed all roadside tests. Defendant refused the breath test.

The jury was out four minutes and returned with a “not guilty” verdict.

Case No: 489790-X

Defendant ran a red light and upon being stopped showed all the signs and symptoms of intoxication. He failed all roadsides and blew a .196/.194 and admitted drinking vodka after waiving Miranda Rights.

After we filed many motions, the state offered a plea of reckless driving. When we refused the plea, the State nolle prossed (dismissed) the charges.

Case No: 06-004179CF10A

Police observed driver weaving all-over the road and driving with defective equipment. He demonstrated all signs of intoxication. When doing the physical sobriety tests, he fell. He was arrested as a three time offender (felony maximum sentence 5 years). He then blew a .159 and a .163 on the breath test.

Defense counsel was granted motions to suppress the stop and the breath test. The state Nolle Prossed (dismissed) the case.

Case No: 07-010244MM10A

Driver jumped over center medium and hit a tree. She was observed by fire rescue and appeared inebriated and confused. Driver admitted drinking but did not know where she lived.

After court granted defense motion to suppress evidence and statements, State dropped the DUI.

Case No: 06-007062MM10A

Client stopped for speeding. Officers noted the usual indicators of impairment. Defendant failed roadside tests and was arrested. Defendant admitted to consuming four drinks as well as drugs. Breath tests showed a .94 and .107 and the urine test disclosed presence of numerous narcotics.

After numerous defense motions to dismiss, the case and suppress evidence, prosecutor dropped the DUI.

Case No: 575939-X;2702-DNI;3343-DOJ

Defendant stopped, showed all signs of intoxication and was eventually arrested for DUI, driving while license suspended, etc.

We successfully challenged the “service” on Defendant and defendant won when the Statute of Limitations expired.

Case No: 2105XDK

Defendant was found, by law enforcement, slumped over the steering wheel of her car in the middle of an intersection. She failed all roadside tests, admitted drinking, and after arrest, blew .186/.189.

We filed numerous motions attacking the case. State offered a reckless driving which defendant accepted, the DUI was dropped.

Case No: 06-010230MM10A

Defendant was driving behind unmarked police vehicle for several blocks before pulling over and cursing at him in vile terms. Officer stopped the defendant and proceeded to make a case.

Charges were dismissed because the words used were under “protected speech” making the initial stop illegal.

Case No: 05-0164991MM10A

Police officers observed defendant weaving through traffic and attempted to pull him over. Defendant took an extremely long time before he pulled his vehicle over and stopped. Officers observed the usual signs of impairment; bloodshot watery eyes, odor of alcohol, slurred speech and poor balance. Defendant admitted to having “a few drinks” failed all roadside test is given and blew .172 on the breath test.

After Defense filed multiple motions, State dropped DUI charges.

Case No: 489613-X

Defendant was stopped for running a red light and driving with her headlights off. She showed all signs of impairment, failed roadside tests and blew a .198/.197 on the breath test.

Because the breath test was done improperly and after many motions were filed, State dropped the DUI charge.

Case No: 05-7443MM10A

Defendant was charged with running a stop sign. He could not find his documents and was unable to keep his balance. He admitted to drinking and blew over the legal limit.

Trial ended with a hung Jury. Rather than retry to take the case, defendant requested and received a reckless driving charge.

Case No: C-06-14-011535 & I-06-14-064351

Our client was stopped by the Tampa Police Department for allegedly running a stop sign. She was questioned by the police and they said she had bloodshot eyes, smelled of alcohol and did poorly on the field sobriety tests. She took a breath test and blew over the legal limit.

After extensive motions regarding the breath test and other aspects of the case, the State dropped the DUI charges.

Case No: 04-13949MM10A

Defendant was arrested for an illegal U- Turn. Officers claimed he showed the usual signs of impairment. He did poorly on all physical test and blew over the legal limit.

The Defense entered its “Tap Water” motion to suppress the defendants .21 breath test results which was granted. State dropped the DUI charges.

Case No: 2510RCR

Defendant was stopped for speeding and arrested for driving while license suspended because of a prior DUI conviction.

After motions, State dismissed the charges.

Case No: 03-04285MM10A

Police arrested client after making all of the usual observations.

The jury was unable to reach a decision at the trial. Rather than go to trial again, the defendant accepted an offer of reckless driving.

Case No: 06-16082MM10A

Defendant was arrested for speeding. Law enforcement officers observed the usual signs of impairment; flushed face, odor of alcohol, slurred speech and a half cup of beer in the vehicle.

Jury found the defendant “not guilty” of DUI.

Case No: 05-025787MM10A

Driver was stopped for speeding, at which time the trooper noted indications of impairment. His breath test exceeded the legal limit at .10.

The state dismissed the DUI charges.

Case No: 02-29132MM10A

Defendant was arrested after police arrived at the scene of a collision in which he was involved and concluded him to be impaired. Officers noted the usual signs of impairment; bloodshot eyes, slurred speech, odor of alcohol, swaying and inability to complete the physical test.

Case went to trial where the jury found the defendant “not guilty” of DUI.

Case No: 388751W;3058;59-EEV

Defendant was charged with rear-ending a parked police car and fleeing the scene. He was stopped several miles away for weaving and speeding. There was extensive damage to the front of his vehicle. He demonstrated all of the usual signs of intoxication; failed each of the field sobriety exercises; admitted to drinking and cursed at the police officer. Upon his arrest, he blew a .126/.134. This was his second arrest for DUI within five years.

Many motions were filed on behalf of the defendant. Because the State was not ready to contest them, they nolle prossed (dismissed) the case.

Case No: 0481-XAV;1486-SCA

Defendant was stopped for a lane offense and a BOLO (Be On the Look Out) for reckless driving. He failed roadside tests and blew a .179/.186. He admitted to drinking alcoholic beverages.

After motions were filed attacking every part of the State’s case, the State nolle prossed (dismissed) the case.

Case No: 07003037CF10A

Defendant was charged with DUI, running a red light, no seat belt and a felony firearms charge.

After defense filed various motions, including a sworn motion to dismiss, all charges were dropped.

Case No: 489412X; 3176; 77-DVE

Defendant nearly hit a police man while pulling into a gas station. Law enforcement officer approached the driver who was slumped over the steering wheel of the vehicle. When he finally sat up, he showed all signs of intoxication. Defendant failed the roadside tests and blew .190/.180 on the breath test.

After the filing of many motions, the State dismissed all charges.

Case No: 06-010233MM10A

Defendant was observed driving without head lights. Officer claimed driver showed "usual" signs of impairment. Defendant admitted to drinking, but refused to take the breath test.

Jury found defendant "Not Guilty".

Case No: 06-015662MM10A

Defendant stopped by police after he fell off his motorcycle and was trying to lift it. Police were called to the scene by witnesses, they observed all the signs of impairment and suggested sobriety tests which the defendant refused. He admitted to drinking and taking Xanax on the night of the arrest.

After several motions were filed attacking the illegal stop, the State dismissed DUI charges.

Case No: 04-14976MM10A

Defendant was arrested for weaving, speeding and allegedly cutting off other vehicles. Officers noted bloodshot eyes, flushed face and a distinct odor of an alcoholic beverage. Defendant failed roadside tests and when arrested blew a .142/.130 on the breath test.

After many motions were filed and the breath test (which we won on appeal) was suppressed due to tap water used for machine testing, the State dropped the DUI charge.

Case No: 06-52363MMAES

Client was attending bike week in Daytona, when he was assaulted by several other bikers and severely beaten. He escaped from his assault on his motorcycle, only to be stopped by the police for speeding. Covered with blood, a broken nose, head injuries and being covered with alcohol from the drinks thrown on him by his attackers, he was asked to do a field sobriety test and take a breath test in his condition. Unable to do the tests because of his medical condition, he was arrested, thrown in jail for eight hours and charged with D.U.I.

After a two-day jury trial, the jury returned a verdict within minutes of not guilty.

Case No: 508949-X;1412;13-DVJ

Defendant driving on rims, did not stop on demand and later resisted arrest. Officers further alleged driver showed usual symptoms of intoxication and refused both roadside sobriety and breath test.

After numerous motions were filed by the defense the case was dismissed.

Case No: 05-015742MM10A

Defendant was warned by a police officer in a bar, not to drive do to his condition. Nevertheless; he did drive away, without his headlights on. Police made "usual" observations, pointing out that among other things the defendant failed the horizontal gaze nystagmus test.

After multiple motions to suppress were granted, state nolle processed (voluntarily dismissed) the case.

Case No:05-011209MM10A

Defendant passed police officer driving 100 mph swerving his vehicle. He slammed into a barricade and smashed his windshield. He had an odor of alcoholic beverages and appeared impaired. He failed the field sobriety test administered and blew .163 and .168 on his breath test, he admitted to drinking six beers.

Several motions were granted to the defense; the DUI charge was dismissed and client received a “withheld” adjudication to reckless driving (no conviction, no points).

Case No: 05-018540MM10A

Defendant was observed passing a DUI task force officer driving 100 mph, swerving, drifting and weaving his vehicle. When stopped he demonstrated all signs of intoxication: blood shot eyes, slurred speech and the smelled of alcoholic beverages. Defendant began to perform the field sobriety exercises but refused to complete them or take a breath test and he admitted to drinking alcoholic beverages.

After several motions were filed a jury trial began. The Jury returned with a "Not Guilty" verdict in less than five minutes for the DUI charge. The reckless driving charge was thrown out by the court for lack of evidence.

Case No: 489948X;2951EGC;7349EFX

The Defendant was arrested for speeding and weaving through traffic. Police observed odor of alcohol, bloodshot/watery eyes, flushed face, slurred speech and lack of balance.(We call these the “usual” symptoms of impairment since police memorize them). He admitted having a few beers, blew a .109/.095 and failed the roadside sobriety tests administered.

Case went to trial and the Jury found the defendant Not Guilty.

Case No: 047967-W;6551;52;53;54;55-CRA

Defendant was charged with reckless driving, DUI and fleeing. Police officers believed he switched seats with passenger just before he finally stopped. Police claimed they noticed all usual signs of impairment. Defendant refused the roadside sobriety and breath testing.

After filing many motions, State dropped all charges.

Case No: 489912-X;0897-EHT

Defendant allegedly hit a vehicle in one city and continued driving. The police pursued defendant who was stopped at the next city. Police officers administered the roadside sobriety test which the defendant failed. After being arrested, he blew a .176/.166 on the breath test.

Defense filed several motions to suppress both the illegal stop and any statements made by defendant. Case was dismissed.

Case No: 575723-X;9685;86-DOM

Defendant stopped for swerving and traveling 20 MPH over the speed limit, allegedly almost striking another vehicle. Police officers claimed observing every possible sign of intoxication. After failing all roadside sobriety tests administered, defendant blew a .208/.214 on the breath test.

Motions attacked roadside observations and the breath test. State dropped the case.

Case No: 286017X;9105;06-EIR

Police officers swore the defendant was driving the wrong way on a downtown one-way street. Upon being stopped, officer claimed defendant had all “usual” indications of impairment. Defendant admitted to drinking, failed the roadside sobriety test administered and after being arrested blew a .129/.134 on the breath test.
Motions attacked the lack of proper one-way sign posting and an improper reading of the defendants rights.

DUI Charge was dismissed.

Case No: 388995-W;8036-EEV

Defendant arrested for DUI after being stopped for a ignoring traffic sign. He showed “Usual” signs of impairment and failed the roadside sobriety test exercises. Defendants breath test was .079/.077 both below the legal limit (between .05 and .08 there is no presumption of sobriety or impairment).
After many motions were filed and one appeal, charge was dismissed.

Case No: 07-000093T

The client was driving her car in a normal fashion, committed no traffic violation other than driving at night on a well-lit road without headlights. She was stopped by a city police officer and written a warning for driving without her headlights. Upon completion of the warning, the officer requested the defendant to get out of the car. He did not indicate prior to that any suspicion of the client driving under the influence. He arrested her for DUI.

The State refused to drop the charges and the case went to trial. During the trial we questioned the breath machine operator and got him to admit he did not see any signs of impairment the night the client was arrested. The trial proceeded despite this testimony and during closing arguments, the State made several improper statements and the court granted a mistrial. When the State attempted to try the client again, we filed a motion for dismissal as a result of the improper statements made by the State and for Double Jeopardy. The judge dismissed the case on the grounds of Double Jeopardy.

Case No:06-TC-006567-A08

Our client was observed driving erratically and going 5 m.p.h. through the intersection when he had a green light. The officer observed him making erratic lane changes, being all over the road and driving up onto the curb. He was asked to do field sobriety test and did poorly according to the arresting officer. He was arrested, the officer found an open cold beer in his car. He took a breath test and blew over the legal limit.

Defendant was found not guilty at trial.

Case No: 573218X; 3884EUV

Defendant stopped for running a red light and forcing other vehicles to take evasive actions to avoid a collision. Defendant admitted to having two beers, failed all roadside tests and blew .15/.16 on breath test.

After various motions were filed on the clients defense all charges were dropped.

Case No:4731-ETY; 3219-DOT

Defendant was charged with leaving the scene of an accident. Defense filed motions to dismiss case for lack of evidence.

Motions were granted and case was dismissed.

Case No: 359942-X; 6440-EPJ
Defendant was stopped by police officials for swerving her vehicle while driving. Defendant allegedly almost ran into a parked police unit when pulling over. Law enforcement officers noticed the usual signs of impairment, slurred speech, bloodshot eyes, flushed face and what officers described as the smell of vomit. Defendant admitted to having several vodka drinks the night of the arrest and blew a .14/.15 percent on the breath test and failed all of the roadside sobriety tests administered.

After several motions filed by the defense the State was unable to proceed to trial.

Case No: 2005MM1018A

Defendant was stopped for weaving thru traffic lanes affecting other vehicles driving the same direction. Defendant admitted to drinking and blew a .22/.24 percent on the breath test. Defendant appeared disoriented and could not do the physical test. He failed all roadside sobriety tests administered.

The DUI charge was dropped after motions to suppress the breath machine results were granted.

Case No: 05-24126MMA08

Our client was observed by the United States Coast Guard operating his boat at high speed, at full plane, in a no wake zone. The boat was stopped by the Coast Guard. The Coast Guard Officer said he believed that our client was impaired and smelled of strong alcohol odor. He did not do well on the physical sobriety tests. The client was detained by the Coast Guard, had his boat driven to shore and turned over to the Sheriff's Office for a DUI investigation. The client was asked again to do a physical sobriety tests but refused. He was arrested and asked to take a breath test and blew .15 and .14.

The client went to trial and jury returned a verdict of not guilty in 8 minutes.

Case No: 05-030575TCA04

Our client was allegedly seen by two independent witnesses to be operating his car recklessly and failing to negotiate a turn and smashing his car, with him and his three passengers in to a palm tree. When police arrived at the scene, all four occupants were seen attempting to push the car off the palm tree. Our client was allegedly injured in the accident leaving blood stains on the driver door and admitting to the police that he was in an accident. He was taken to the Sheriff's Office where he gave a breath sample of .20 and .21.

The case went to jury and after approximately ten minutes of deliberation the jury reached a verdict of not guilty.

Case No:06-CT002917AXXMB

Our client was driving in what the arresting officer described as a reckless manner; driving at a speed which impeded other traffic. When the officer turned on his blue lights, the client took an unusual length of time to stop. She was asked for her license and failed to retrieve it until the third request. Because of what the officer described as the odor of alcohol, our client was asked to do field sobriety tests. She did poorly on the first test and refused the others. She was arrested and refused the breath test.

After thorough investigation and preparation for trial by the law firm, we rejected of a reckless driving plea, the State dropped the charges rather than go to trial.

Case No: 04-031452TCA04

The client in this case was accused of peeling out from a traffic light and driving in a reckless manner, consistent with someone who was impaired. The driver was stopped by law enforcement and was asked to do physical sobriety tests. He refused and for that was arrested. He also refused a breath test.

This case went to trial and after our cross examination of the arresting police officer, the state dropped the DUI case and all the other charges in the middle of trial.

Case No: 05-006250MM10A

Our client was pulled over on suspicions of assault with a firearm toward a man. The officers came on the scene following an anonymous tip against our client. While the assault claims were unsubstantiated, officers claim they noticed the client had an odor of alcohol, slurred speech and bloodshot eyes, he was also swaying and staggering. The client was given field sobriety tests which he failed and was then arrested.

The court heard our motion to suppress do to the validity of the arrest and motion was granted by the Judge despite officer's testimony. All observations and evidence against the client were thrown out.

Case No: CTK040002871A

Defendant who was driving 75 MPH on a 55 MPH zone, was observed swerving his vehicle across the roadway, almost crashing into a bridge. When the police officers proceeded to turn on their lights and sirens, the defendant did not pull over immediately, driving instead for two additional miles . When approached by officials, defendant allegedly had a strong odor of an alcoholic beverage emitting from his mouth. Officials administered roadside sobriety tests which were all failed by the defendant. Defendant also blew a .192 and a .186 on the breath test.

After several motions to suppress the breath test were granted, the State offered a charge of "reckless driving" which the defendant insisted on accepting.

Case No:06-009236MM10A

While Coast Guard officers did a routine safety check on board our clients boat an officer said he smelled alcohol on him. The officers took control of the boat and drove it to shore where our client was asked to take field sobriety tests and was arrested for Felony BUI because of his two prior DUI conviction.

Defense filed motion to suppress all evidence obtained after the Coast Guard Safety check, argued that the smell of alcohol alone was not sufficient. Circuit Court Judge John Murphy granted the motion.

Case No: Z04-010378MMA

The driver was found passed out in the drive-through of a Steak-n-Shake. He smelled of alcohol and was blocking traffic and still in control of the vehicle by being behind the wheel. He was asked to do a sobriety test, which the police described as being done poorly, with slurred speech and bloodshot eyes. He was asked to take the breath test, recording .154.

The court, upon our motion, suppressed all the evidence for an illegal arrest. The state appealed the suppression and the appellate court confirmed that the arrest was illegal. The state dropped all charges including the DUI.

Case No: 086155-J; 7628-DGG

Defendant was stopped for speeding and running a red light. The law enforcement officer made all the usual observations of impairment slurred speech, blood shot eyes and the smell of alcoholic beverage on the breath. The defendant admitted to drinking, failed all roadside sobriety tests and blew a .11 on the breath test.

After numerous defense motions were entered the case was dismissed.

Case No: 297334X; 9802-EEL

Defendant was driving on the wrong side of a two lane street. The defendant had blood shot red eyes, slurred speech and was terribly out of balance. Defendant admitted to drinking and blew a .20/.21 on the breath test. Defendant did not perform the roadside sobriety tests.

After defense filed several motions on defendants behave. The case was dismissed.

Case No: 376661W; 7248; 49-DNP

Defendant was charged with DUI after crashing her vehicle thru two concrete barriers. The defendant showed signs of impairment at the time of his arrest. She failed all roadside sobriety tests administered and refused to take a breath analysis test.

After several motions were filed by the defense, criminal charges were dropped.

Case No: 5371DNY

Defendant was driving and came upon a sobriety checkpoint were he was detained for appearing impaired. Police officers administered roadside sobriety test which the defendant allegedly failed. Defendant was also given breath and urine test, he blew .51 /.52. percent on the breath test.

Prosecution was unable produce supporting evidence. The defense won the case.

Case No: 468469-W; 7297; 98-DNB

Defendant was passed out behind the wheel of his vehicle in the middle of the road way. The defendant was awakened after several attempts. He was unable to stand straight and fell on the ground while taking the roadside sobriety tests which he failed. He blew a .13 percent when he was tested with the machine.

The case proceeded to trial where the defendant was found not guilty.

Case No: 4794-EFZ

Defendant allegedly drove his vehicle at 10 MPH on the night of the arrest with his lights off. After several blocks the defendant drove the vehicle onto the sidewalk. The defendant demonstrated slurred speech and appeared impaired. He blew .27 twice on the breath test and failed the urine and the roadside sobriety tests.

Defense moved for a speedy trial and the case was won.

Case No: 2005MM1018A

Defendant, who admitted to drinking, was observed swerving his vehicle into other traffic lanes while driving, almost striking other vehicles in the roadway. He was administered several roadside sobriety tests and also given a breath test by police officials. After allegedly failing to successfully perform the roadside tests, the defendant was arrested. His breath test results were reported to be .242 and .228.

After multiple motions filed by defense counsel, the case was dismissed.

Case No: 2004MM2368-K

Defendant was stopped for running thru a stop sign. According to police officials, defendant appeared impaired with blood shot eyes and poor balance. She failed all of the roadside tests administered and refused to take a breath test. Defendant admitted to law enforcement officers she had two drinks.

After judge granted several motions entered by the defense, State offered a charge of reckless driving; DUI charges was dropped.

Case No: 286141-X

Defendant stopped for driving the "wrong way" on a one-way street. Defendant admitted to drinking, had blood shot eyes, slurred speech and strong odor of unknown alcoholic beverages. Defendant had difficulties producing ID, problems balancing and blew a .15/.16 percent on the breath test.

Case No: 503652W; 575EIQ

Defendant was driving the "wrong way" on a one way street. Defendant smelled of alcoholic beverage and admitted to drinking vodka at the night club she attended. She failed the roadside sobriety tests administered and blew a .12 percent on the breath test.

Defense filed numerous motions and at trial the case was dismissed.

Case No: 05-024422MM10A

The driver was stopped for running a red light in Hollywood. A DUI task force officer responded and gave the driver roadside tests. According to the officer the driver failed the roadside test but said the video was not available.

After cross examinating both officers during trial, the jury found the defendant not guilty.

Case No: 06-005108MM10A

The defendant was stopped for driving on the sidewalk around another vehicle. The officer observed signs of impairment and conducted a DUI investigation. The driver failed roadside test and the breath test results were .107 / .109

Due to the firms diligence and attention to detail, a Notice of Expiration of speedy trial was filed and the

Case No: 501468-W; 8219-DUU

Defendant was stopped for allegedly swerving his vehicle while driving. Defendant had problems standing and admitted to drinking. He failed all roadside tests and blew a .19 and .17 on the breath test.

Defense filed numerous motions and the case was dismissed.

Case No: 6269-XAE; 5557-CZS; 5558-CZS

A police officer observed the defendant going at an excessive speed and swerving across traffic lanes. Defendant allegedly smelled of unknown alcoholic beverages and fell on the ground when roadside sobriety tests were being administered. Defendant blew a .19 /.21on the breath test, she admitted drinking and failed all field sobriety test exercises.

After numerous motions were filed by the defense, state could not proceed to trial and the case was dismissed.

Case No: 05-009930MM10A

Client was involved in a rear end collision with two vehicles stopped at a red light. The officers that investigated the accident were not present at the time of the accident. They along with the occupants of the other vehicles could not place our client in control of the wheel. Our client refused to take field and urine sobriety tests which led to his arrest.
Defense filed eight motions that turned case into shambles. State proceeded to trial dropped DUI charges on the second day and obtained no conviction.

Case No: 061690J; 8691EBI

A civilian called the police and informed them of a driver who had left the scene after striking a road barrier and throwing beer bottles out of her window. The police found the defendant four miles from the scene and suspected that the driver was under the influence of drugs or alcohol. The driver refused roadsides and the breath test, however, the police found drugs on her person.

Defense counsel filed several Motions to Suppress which resulted in the State dropping the charges.

Case No: 2005-CT-5481

The driver reached a roadblock, drove out of the roadblock and then parked. The officer approached the driver.

The defense filed a Motion to Suppress All Evidence and despite the State having their witness present, defense counsel was able to able to get the DUI charges dropped.

Case No: 52958; 59; 60-NC

Defendant had a case from 1986 for driving under the influence of alcohol.

Defense filed motions and moved for everything it is entitled to in discovery. The case was dropped.

Case No:014078W

The driver drove off of the road onto a walking path in front of a police officer. The officer flagged him down and he backed up into a fence. The officer stated that the driver had bloodshot and watery eyes, a strong odor of alcohol, a flushed face and slurred speech. The driver refused the roadside tests and the breath test.

The defense filed motions and took the case to trial. The charges were dropped.

Case No:574028X

The defendant rear ended the car in front of him causing a three car pile-up. The officer stated that the driver had a strong odor of alcohol on his breath, bloodshot and watery eyes and slurred speech. The driver admitted to having a few beers, refused the breath test and failed the roadside tests.

The defense filed a Motion to Suppress for Lack of Probable Cause and two Motions to Suppress Statements. The State could not go forward with the trial and the charges were dropped.

Case No: 489014X: 1510-EIQ

The driver was involved in an accident. A city of Miami Oficer responded to the scene and conducted an accident investagation. After charging the diver with DUI, the arresting officer took him to the Miami Beach Police Station. The driver refused to submit to any chemical physical tests. The responding officer neither witnessed the accident occur, nor witnessed the driver driving or being in actual physical control of a motor vehicle. likewise, the drivers of the other vehicles were never able to affirmatively place the driver behind the wheel. According to the Probable Cause Afidavit, the driver was never affirmatively told that a criminal investigation for DUI was being conducted and never mirandarizes by the arresting officer or any other officer before he attempted to administer roadside sobriety tests.

Prior to trial, defense moved to dismiss all charges. Coubt I (DUI) and Count II (reckless driving) were dismissed by the court upon defense motion for lack of prosecution.

Case No: 05-001181MM10A

The client was allegedly stopped for tailgating a Hollywood Police Officer. The officer asked the client to take Field Sobriety tests which he allegedly failed. The client was also asked for a breath sample which he blew .144 .166 and .154.

The Judge Granted our motion to suppress evidence based on an illegal stop. The state dropped all charges based on Judges ruling.

Case No: 086432J

The Driver was seen tailgating other cars and weaving in and out traffic causing other cause to have to avoid them. After being pulled over the driver got into a physical and verbal altercation with the police, refused to take any test and was arrested for DUI, resisting arrest with violence and assault on a LEO.

The firm file a battery of motions to exclude and suppress evidence and at the time of trial the was not prepared to proceed the judge deigned them a continuance and dismissed all the charges

Case No:286779X

The driver was going the wrong way on a one way street. The officer pulled the driver over and stated that the driver had a strong odor of alcohol on their breath, slurred speech and bloodshot and watery eyes. The driver refused the roadside and breath tests

The defendant had unequal tracking in their eyes, indicating a neurological problem as opposed to impairment. Through the successful practice of filing motions to suppress and to exclude and after speaking to the arresting officer, the firm was able to get the charge dropped.

Case No: 489301X; 4997; 99; 5000-EGB

Eyewitness testified that defendant crashed a parked car through a gate, causing considerable damage and then fled the scene. Witness then saw a police officer in the vicinity and directed the officer to the defendant in the damaged vehicle a block from first collision. Allegedly defendant showed distinct signs of impairment, admitted to drinking and failed all roadside sobriety tests. Various motions were filed in this case.

The state dismissed charges.

Case No:132000W

The defendant drove over a median and crashed into a guard house. Police arrived on the scene noticed signs of intoxication from the driver and proceeded to give them road side test; after failing the first test the driver refused to take any more. The officer requested them to submit to a breath test which they also refused and arrested the driver for DUI.

The defense got the judge to throw out the road side test result and refusals as well as the breath test refusal and the state dropped the DUI charge.

Case No: 05010508MM10A

The officer observed the defendant straddling the double yellow lines in the roadway, swerve into oncoming traffic and roll through a stop sign. The officer stopped the defendant and had him exit the vehicle. He noticed the aroma of marijuana coming from the vehicle. The defendant refused all roadside exercises and the breath test and was placed under arrest for marijuana possession and DUI.

Through successful motion practice the marijuana possession charge was dismissed and the DUI was dropped.

Case No: B05021390

Suspected of DUI, the driver was pulled over. The driver and vehicle were searched. Subsequently, the police found marijuana in the driver's pocket and a pipe in the vehicle.

The firm filed several Motions to Suppress which resulted in the State dropping the charges.

Case No:266253X

Second offense DUI: The driver crashed into an off duty police officer who called an on duty officer to investigate the crash. The officer noticed a strong smell of an alcoholic beverage and gave the driver road side sobriety exercises which they failed; the driver refused to submit to a breath test and was arrested for DUI and charged with causing the accident

Through successful motion practice the firm got most of the evidence excluded and the DUI and other charges dismissed.

Case No: 508424X

The defendant was swerving in and out of his lane and almost hit a police vehicle. The officer reported the defendant had a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant failed the roadside tests and refused to take the breath test.

The defense filed four Motions to Suppress. The State was not ready for trial and the case was dropped.

Case No: 04021951MM10A

An officer stopped the defendant for speeding on his motorcycle. The officer stated that he observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant was asked to perform roadside tests and take the breath test. He did the roadside tests but was unable to provide an adequate sample for the breath test which was interpreted as a refusal.

Defense counsel took this case to trial before a jury who acquitted the defendant on all counts.

Case No: 04025776MM10A

The defendant was involved in an accident after running a red light. The officer observed the defendant swaying heavily to the point where he almost fell over. The defendant refused to take the roadside exercises and breath test.

After the firm filed a battery of motions and deposed witnesses, the defendant was acquitted of DUI and DUI property damage

Case No: 550630X

The defendant was driving erratically at night with no headlights while cutting off other cars. The officer noticed a strong odor of alcohol, blood shot eyes and slurred speech. The defendant failed the roadsides and did not take the breath test

The firm filed Motions to Exclude Breath Refusal, Exclude Statements and the HGN Tests. All of the motions were granted. The defense was able to get the officer to admit on the stand that the client eventually agreed to take the breath test after being read the implied consent. Additionally, the officer admitted that he did not afford the defendant the opportunity to take the test and treated it as a refusal. The DUI charges were dropped.

Case No: 05008052MM10A

The driver was observed making an illegal u-turn, drifting from side-to-side and moving slowly. The officer pulled the driver over and observed him to have bloodshot and glassy eyes, unsteadiness on his feet and an odor of alcohol on his breath. The officer asked if the driver wished to participate in roadside exercises and he declined.

Defense counsel took this case to trial before a jury who acquitted the defendant on all counts.

Case No: 2162EFX

The defendant was driving on Miami Beach with his children in the vehicle. An officer ran a records check on his license plate and saw a DUI suspension for the driver. The officer conducted a traffic stop.

Defense counsel took the case to trial and argued that the defendant had a business purposes permit. The evidence was presented that the defendant had a legitimate business that he was conducting and the State could not prove otherwise. The defendant was found not guilty at trial.

Case No: 05-010057MM10A

Our client was involved in a rear-end collision involving one other vehicle stopped at a red light. A broward Sheriff's Deputy was dispatched to investigate and he, in turn, requestedd another deputy to conduct a DUI investigation. The scound Deputy did no accident investigation but instead made contact with the client and noted certain alleged observations leading hin to request the Client to submit to roadside sobriety exercises. Client refused tests, was arrested and taken to the BSO Breath Test Facility where he was video taped and told he had to submit to a breath test requested bu arresting officer. Again, our Client refused to submit to the breath test, refused to perform videotaped sobriety tests and refused to answer any questions.

Defense counsel filed a battery of Motions to Suppress and Exclude. The DUI charges were dropped.

Case No: 03028427MM10A

The Defendant was involved in an accident and fled. While being chased by the police the driver crashed again and had to be removed from the car by fire rescue and transported to the hospital. The officers followed them back to the hospital and observed a strong odor of an alcoholic beverage and requested a blood test. The results of the blood test were positive for alcohol and the driver was charged with 9 charges including DUI and DUI with property damage.

The defense proved there was not probable cause for the blood draw as well as consent was coerced out of the defendant. The officers also violated HIPPA rules in the hospital. The blood results were thrown out resulting in the charges being dropped and one of the officers were investigated for use of force / coercion.

Case No: 0382DVG

The driver was pulled over for an expired tag, no insurance and a suspended license.

Once the firm was able to clear up the suspended license issue and the tag and insurance were made current, the charges were dropped.

Case No:F05-035578

Defendant was arrested for causing a car crash involving multiple cars and injuries. He was charged with four felony counts of DUI.

Following motions entered by the defense to suppress and dismiss, the four charges were dropped to misdemeanor, later to be reduced to one count of reckless driving.

Case No:385666-W

Driver was pulled over for doing 68 mph in 40 mph zone. Officer requested the driver to submit to road side sobriety test and failed them, later defendent refused to take the breath or a urine test and was arrested for DUI.

Found not guilty by a jury of their peers

Case No: 306656X

Officer observed a parked car with a person sleeping in the driver's seat. Officer knocked on the window and gets no response. Officer then proceeded to open the door and wake up the person in the driver's seat. Upon coming into contact with the driver the officer noticed an odor of an alcoholic beverage, blood shot eyes, slurred speech and requested driver to submit to field sobriety exercises. Defendent failed then and refused to take the breath test.

Charges dismissed from pretrial motions

Case No: 04018899MM10A

The driver of a motorcycle was involved in an accident and was transported to the hospital where two blood samples were taken. At the hospital, the driver was arrested.

The firm filed a Motion to Suppress Blood Results and won. The firm convinced the Judge that the officer had no basis to conclude that the accident actually involved serious bodily injury. The charges were dropped.

Case No:046197-W

Officer observed defendant weaving while driving with an expired tag. Driver admitted drinking to the officer and failed all field sobriety test and refused the breath test

State not ready at time of trial; case dismissed.

Case No: 04-016134MM10A

Defendant was stopped at a DUI check point; an officer noticed signs of impairment and requested the driver to submit to sobriety test. driver refused to submit to roadside sobriety test and was arrested for DUI. The defendant was also found in possession of Cannabis

The defense proved there was no probable cause for arrest and also proved the reading of FL implied consent law was improperly administered. The state subsequently dropped the DUI and Possession Charges

Case No: 03001264MM10A

Witnesses observed the defendant continually swerving in and out of traffic, then onto a sidewalk until the vehicle came to a stop. The witness ran to the vehicle and removed the keys until the officers could arrive. The officer arrived at the scene and stated that the driver had a strong odor of alcohol on their breath, slurred speech and bloodshot and watery eyes. The driver performed very poorly on the roadside and breath tests.

Defense counsel was able to suppress the field sobriety exercises, breath test results and the video. All DUI charges were dropped.

Case No: 289841-X

Defendant crashed their car into a tree. When the officer arrived on the scene they requested the driver to submit to road side sobriety test; agreed and fail them, refused to submit to a breath test and was arrested for DUI.

The defense filed a battery of motions to suppress evidence and at the time of trial the charges where dismissed

Case No: 508408X

Defendant was said to have nearly lost control of their scooter when they approached a red light, proceeded to make a U-turn to avoid the red light then made another right turn to resume traveling in their original direction. Police stopped them conducted a DUI investigation and arrested the driver for DUI and issued several other traffic citations.

The Defense found during the Drivers license hearing that the arresting officer never saw the defendant do any of the things he was stopped for and the observations causing the officer to suspect impairment causing him to initiate the DUI investigation and subsequent arrest. Motion to dismiss for no probable cause granted; case dismissed.

Case No: 2005-MM-009152A

The defendent was allegedly observed by Seminole County Sheriff's Drputy coming out of a convenience store in Lake Mary, Florida. The defendent had left his vehicle parked in a fire lane with the engine running while he went inside to make a purchase. Upon coming out, the Sheriff's Deputy made contact and initiated a DUI investigation based on purported signs of impairment. Client agreed to perform roadside sobriety exercises which were videotaped. once completed, the defendant was arrested and transported thereafter to the John F. Polk Correctional Facility for breath testing.

This client was not convicted for DUI

Case No: 508246X

A parking enforcement officer observed a erratically driving vehicle and alerted another officer who observed the driver run a stop sign. Officer then proceeded to pull driver over, conduct a DUI investigation and arrested the driver.

The state was not ready at time of trial and forced to drop the charges.

Case No:04015330MM10A

The defendant was stopped for traveling on the left lane solid white line when the officer stopped the vehicle. The officer pulled the driver over and stated that the driver had a strong odor of alcohol on their breath, slurred speech and bloodshot and watery eyes. The defendant performed the roadside test and refused the breath test.

During jury selection, defense counsel was able to get the State to drop the DUI charges.

Case No: M030347

The Police observed the defendant lose control of the vehicle and proceeded to pull them over and conduct a DUI investigation. The defendant was uncooperative with the officers and was arrested for resisting arrest and DUI breath test results .114

State failed to provide proper discovery to the defense, forcing them to drop the DUI and resisting arrest charges.

Case No: 04-011590MM10A

Defendant got into a multiple car accident. Given road side field sobriety test and fail them, breath test results .11 and made several admissions to the officer.

After filing and successfully arguing a battery of motions the firm managed to get evidence excluded and the state was forced to drop the DUI charge

Case No: 508440-X

Driver accused of speeding and weaving, attempted to flee from officer when another officer blocked off the defendants car to stop them. Failed road sides, breath test results .164

Defense brought out various discrepancies from the officers story and the truth to the court, and the state was forced to drop the DUI charge

Case No:04-23167MM10A

Defendant was involved in a minor accident with another car. The officer on the scene observed some signs of intoxication and conducted a DUI investigation. Driver was later arrested and charged them with DUI

The State dropped the DUI charge before trial

Case No: 05-002746MM10A

Defendant was stopped for driving without headlights. After being pulled over defendent was asked to take road side test and performed them perfectly. driver refused to take a breath test and was arrested for DUI and issued traffic citations.

The video of the defendant's performance of the road side test was brought to the attention of the judge and the state and all charges dismissed

Case No: 04-06705MM10A

Defendants car was stopped at a road block, given road side test by the police and later arrested for DUI

Defense argued and proved the driver was not impaired. Found NOT GUILTY by a jury

Case No: 04-009442MM10A

Our Client was arrested and charged with DUI

Through our investigation into the details of the case it was determined that the defendant was charged with the incorrect charge. This fact was brought to the attention of the court and the charges were dismissed.

Case No: 04-021470MM10A

The Defendant involved in a serious roll-over crash and was taken to the hospital. The investigating officer began to suspect the driver of drinking and requested a blood test; they refused and were later charged with DUI.

The defense exposed problems with the officer's investigation and additionally got witnesses excluded, forcing the state to drop the DUI charge.

Case No: 05-003296TCA04

Defendant pulled over for going over 100 mph and later arrested for DUI

State dropped all charges after successful motion practice.

Case No: 04-15566MM10A

Police officer noticed a vehicle with a terrible driving pattern and pulled the car over only to find other indicators of DUI and later arrested defendent.

Found not guilty by a jury of their peers

Case No: CTM040001072A

Officer pulled over a vehicle for speeding and proceeded to conduct a DUI investigation and later arrested the driver for DUI after failing the road side test. The breath test results were almost twice the legal limit.

After reviewing the video tape of the road side test and bringing it to the attention of the state the DUI charge was dropped.

Case No:048435-W

Defendant was pulled over after supposedly running a red light. defendent stopped and given road side test. Later was arrested for DUI, defendant refused to submit to a breath test.

Motions were file to exclude the results of the road side test and the breath test refusal and the charges were dropped

Case No: 6226-CZE

The defendant was involved in a accident and the officer started a DUI investigation after observing the defendant; defendent submitted to a breath test and was arrested for DUI; also received several traffic citations as well.

The state failed to bring the case to trial with in the required time and all charges where dismissed

Case No:252483-W

The Defendant was approached and stopped while getting into his car after leaving a club and later arrested for DUI.

Motion to suppress due to illegal stop granted and DUI charge was dropped.

Case No: 044018769MM10A

Officer observed a vehicle driving with an expired tag. After making contact with the driver the officer noticed a strong odor of a alcoholic beverage, slurred speech as well as blood shot eyes and called a DUI task force officer to conduct a DUI investigation. Driver failed the roadside test and was offered a breath test, refused and was arrested for DUI.

State dropped the charges before trial.

Case No: 04022691MM10A

The Driver was said to be spinning their tires exiting a shopping center and sped off cutting across three lanes of traffic to get on the highway. The driver was pulled over and given Road Side Sobriety test. They failed them and was arrested for DUI

The judge granted several pretrial motions that forced the state to drop the DUI charge.

Case No: 387929W

The defendant was found sleeping behind the wheel after a passer by alerted the police. After approaching the car the officer observed the classic signs of intoxication and subsequently arrested the driver for DUI.

The Defense proved there was no probable cause for the stop and subsequent arrest. All charges dismissed before trial.

Case No: 8375-DDR

Officer observed a vehicle unable to maintain a single lane and following other cars too closely and pulled them over. After making addition observations the officer arrested driver for DUI and the driver refused to take the breath test.

The State dropped the DUI charge.

Case No: 317078X

Third offense DUI in Miami Dade County. Driver found asleep behind the wheel disoriented and smelling of an alcoholic beverage according to the police. They refused to submit to Road side test and also refused to take a breath test.

The defense proved there was no probable cause for arrest. All charges dismissed.

Case No: 508287X

A vehicle was observed driving 56 MPH in a 30 MPH zone and was pulled over. The officer observed an odor of an alcoholic beverage after coming in contact with the driver and proceeded to conduct a dui investigation including Roadside sobriety test that driver failed, the driver was transported back to the police station for a breath test and arrested for DUI.

The defense proved through motion practice there was insufficient cause to conduct the DUI investigation and the state dropped the charge.

Case No: 46659

Defendant stopped for making an illegal turn. Officer conducted roadside test, breath test results twice the legal limit.

Motions to exclude roadside test and breath test results granted. Charges Dropped

Case No:5177DDX

The defendant was seen driving in a parking lot of a closed business, also ran a stop sign and was pulled over. The officer observed signs of impairment when they came into contact with the driver and conducted a DUI investigation and request the driver to submit to a breath test, the results were below the legal limit and the officer additionally request a urine test for drugs and arrested the driver.

The defense proved there was insufficient evidence for the officer to conduct the DUI investigation and got all the evidence gathered by it suppressed and all charges where dismissed

Case No: 062102J

A Car was stopped for speeding and when the officer came in contact with the driver he observed a strong odor of an alcoholic beverage emitting from the driver and ordered the driver out of the car to take road side sobriety test and subsequently failed. Defendent was arrested for DUI.

Defense proved the officer's testimony inconsistent with the time line of events leading up to arrest. We also proved the road side test where improperly administered resulting in the charges being dismissed

Case No:468023W

Defendant was pulled over for coming to a sudden stop to avoid crashing into another car. The officer noticed two beer bottles in the car and proceeded to conduct a DUI investigation. Defendent was arrested for DUI after failing the road side test.

Motion to suppress the stop granted. Charges dissmissed.

Case No: 289486 X

Defendant was involved in a minor traffic accident. He was asked to complete roadside tests which he failed and blew over twice the lagal limit. (.187)

The Essen, Essen, Susaneck, Canet & Cohen, P.A., attorney filed a motion to suppress the identity of the defendant using the accident report privilege and a motion to suppress the .187 breath test result based on a twenty minute violation. The state dismissed the case at trial.

Case No: 9118XAD

The officer was waiting outside a local bar and when defendant left the bar and attempted to drive home the officer stopped the defendant.

The Essen and Essen law firm's attorney filed and argued numerous motions including a motion to suppress the stop based on the officer having no valid reason to stop the defendant. The DUI was dismissed by the judge.

Case No: 0225568 MM10A

Officer observed the defendants vehicle driving in a reckless manner and proceeded to pull the vehicle over. Upon approaching the driver the officer observed the defendant had bloosdshot eyes, odor of alcohol and slurred speech. The driver admitted to "having a couple of beers". The defendant refused to take roadside tests and refused the breath test.

Attorney Canet proceeded to trial and the client was found Not Guilty by a jury.

Case No: 289486X

Defendant charged with DUI and leaving the scene of a accident. Breath test results over twice the legal limit.

All Charges Dismissed before trial.

Case No: 0225568MM10A

Defendant was observed driving his vehicle in a reckless manner and was pulled over. After being pulled over the officer noticed that when the defendant spoke a strong odor of an alcoholic beverage became noticeable, defendant admitted

Case No: 01-026267TCA04

The driver was stopped at a police road block where the police indicated that the driver showed obvious signs of impairment, was unable to locate his driver's license, handing the police his Visa card. He was described by the police as having a strong odor of alcohol on his breath, used his car for support, had slurred speech and did poorly on the physical sobriety tests. Client took the breath test with a result of .106.

After the court heard our motion to suppress for an illegal stop, all evidence was suppressed and the state dropped the DUI charges.

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