One of the most common questions that we get from potential clients is "What kinds of cases have you handled in the past, and what was the outcome?" You can view our recent case results here by clicking on the "I agree" button, but first you must read and acknowledge the disclaimer which the Florida Bar now requires for all attorney internet websites.
Recent Case Results
DUI Charges Completely Dropped (CT-007562-GGW) - On April 29, 2010, the Prosecutor filed a "nolle prossequi" which dismissed all charges pending against our client.
The officer, Tim Matas, I.D. #49005, reported that he arrested our client because he: (1) failed the nystagmus eye test; (2) had a "distinct odor of an alcoholic beverage emitting from his person"; and (3) "demonstrated clues of impairment" during the field sobriety exercises. The driver stated that he only drank one beer over the course of the evening and blew .007 and .008 which is well below the legal limit of .08. The officer then requested the driver submit to a urine test, which came back 60 days later completely clean. As demonstrated by this case, false arrests for DUI do occur.
No DUI Conviction After Charges Reduced to Reckless Driving on April 27, 2010
According to the police reports, our client was stopped for a traffic infraction. After the officer made his initial contact with the driver and obtained her driver's license, the officer alleged that our client "backed up" her vehicle striking the Hillsborough County Sheriff's Officers patrol vehicle causing only minor damage. The officers at the scene reportedly observed a strong odor of an alcoholic beverage, slurred speech and bloodshot eyes. After attempting the field sobriety exercises our client was arrested and allegedly refused to submit to the breath test. We filed motions to suppress our client's statements due to the accident report privilege and motions to suppress the field sobriety exercises. Just prior to the hearing, the prosecutor agreed to reduce the charges to reckless driving.
No DUI Conviction / No Probation (CT-001783-XDY) Tampa DUI with Property Damage with Blow of 0.102 and .096 reduced to Reckless Driving on April 8, 2010 before the Judge James Dominguez, in Hillsborough County, FL.
According to the crash report, our client allegedly attempted to change lanes from the outside through lane to the right turn lane and struck a vehicle from behind pushing that vehicle into another vehicle. After attempting the field sobriety exercises, our client was arrested for DUI. He took the breath test and blew a .102 and .96, which is over the legal limit of 0.08. We filed motions addressing the following issues:
* statements taken in violation of accident report privilege;
* failure to read Miranda warnings;
* motion to inspect the intoxilyzer;
* motion to produce intox records;
* motion for subpoena duces tecum to the manufacturer of the intox machine; and
* motions to suppress / motions to dismiss.
Ultimately, the DUI prosecutor for Hillsborough County agreed to reduce the charges to reckless driving, withhold adjudication (so the arrest and prosecution records were immediately eligible to be sealed), and imposed court costs. The client entered a "no contest" plea to reckless driving and was not required to take DUI school, do community service, or serve any time on probation.
No DUI Conviction - 0433-XCM Tampa DUI case in which our client allegedly blew over the legal limit of .08
Although our client had been arrested and convicted of DUI a year before, we were able to convince the prosecutor to reduce the charge to reckless driving on February 16, 2010 before Judge Lefler. By entering a plea to "reckless driving" the client was able to avoid a conviction for a second DUI within five years. In doing so the client avoided the minimum mandatory requirements for that DUI including at least 10 days in jail, a five year revocation of her driver's license with no possibility of obtaining a hardship license for at least the first twelve (12) months, and a requirement that she have the ignition interlock device place on the vehicle for twelve (12) months.
No DUI Conviction - 6305-XAM Tampa DUI with a Breath Test Reading of .156 and .153 Reduced to Reckless Driving on October 29, 2009 before the Honorable Cheryl Thomas, County Court Judge, Hillsborough County, FL.
An officer with the Tampa Police Department stopped our client after seeing him allegedly "enter the intersection before slamming on his breaks" at a red light. Our client allegedly had bloodshot, watery eyes, an odor of alcohol and admitted to drinking. He refused to take Field Sobriety Exercises at the scene but did submit to the breath test with a reading of .156 and .153. After filing numerous motions attacking the accuracy of the breath test machine and demanded the prosecutor provide the "source code" to our DUI expert witness, the State filed a memorandum of law in opposition to our request to compel production of the "source code." Before a hearing on the motions the State agreed to drop the DUI charge by reducing the case to reckless driving.
No DUI Conviction - 0076-XDV Tampa DUI Reduced to Reckless Driving on October 7, 2009 in DUI Case with BAC Breath Test over .08 before the Honorable James Dominguez, County Court Judge in Hillsborough County
A concerned citizen called the police alleging that he had seen our client driving in a reckless manner (failure to maintain a lane, almost striking a curb, braking erratically, and almost striking the median). The concerned citizen then followed the vehicle long enough to tell the 911 operator the license plate number and direction of travel. Almost immediately thereafter, a Hillsborough County Sheriff's Deputy stopped the vehicle and asked the driver to perform field sobriety exercises. The driver was arrested for DUI and submitted to a breath test and the result was over .08. We filed motions demonstrating problems with that particular breath test machine used in that case, specifically at the last monthly inspection of the machine tested out of range because of an "AIR LEAK CORRECTED." We demanded the "source code" for the breath test machine. The State agreed to reduce the case to reckless driving. Our client lived out of state and was allowed to enter a "plea in absentia" to the reduced charge of reckless driving without ever having to come back to Florida.
No Administrative Suspension - 8315-XAM - One Year Administrative DUI Suspension with 90 Day Hard Suspension INVALIDATED
During the 10 days after the arrest the client hired us to contest the administrative suspension of his driver's license through a formal review hearing . On March 19, 2009, the DHSMV Field Hearing Officer invalidated the one year administrative suspension in a case in which the arresting officer alleged that our client refused to submit to a chemical test. Thus, our client was able to avoid the one year suspension with a 90 day "hard" suspension. Among other things, the hearing officer found that insufficient evidence that implied consent warnings were probably given.
No DUI Conviction (8315-XAM) Tampa DUI Refusal Case Reduced to Reckless Driving on June 29, 2009 before the Honorable John N. Conrad, County Court Judge, Hillsborough County, FL.
Our client was stopped by a Hillsborough County Sheriff's Deputy for allegedly weaving, failing to maintain lane, and speeding. The arresting officer alleged a strong odor of alcohol, slurred speech, failure to perform field sobriety exercises correctly. We filed several motions including a motion to suppress statements and the audio on the video tape based on the fact that our client's Miranda Rights were violated when he was moved to a different location to perform the field sobriety exercises (in custody) with out being advised of Miranda. We also filed a motion to suppress the breath test results based on confusing or inadequate warnings under the "Confusion Doctrine" since our client requested to speak with an attorney and then remained silent when the officer asked him to take the breath test. Moments before the schedule motion hearing, the State agreed to reduce the DUI to reckless driving and withheld adjudication.
No DUI Conviction - 5511-XDJ DUI Refusal in Accident Case Dismissed on June 5, 2009 by the Honorable Robert G. Dittmer, Pinellas County, FL
Our client was involved in an accident and was alleged to be the at fault driver. The officer alleged that she appeared to be intoxicated and under the influence of alcohol. She ultimately refused to take the breath test and was charged with DUI and careless driving. We filed various motions that resulted in the prosecutor agreeing to reduce the case to reckless driving, thereby allowing her to avoid a second DUI within five years (and the 5 year driver license revocation that would have also resulted).
No DUI Conviction - 4892-ELT DUI Blood Test Dismissed on May 14, 2009 by the Honorable John N. Conrad, Judge Hillsborough County, FL
Our client was involved in a car accident. Independent witnesses involved in the accident reported that they saw our client driving and described his driving pattern as the cause of the accident. The officers spoke to our client and reported that he was swaying, had blood shot watery eyes, and slurred and confused speech. He allegedly refused to submit to field sobriety exercises. He was taken to the hospital for medical clearance and consented to the officer's request for a blood test while at the hospital. In a misdemeanor case Florida's speedy trial provisions require the prosecutor bring the case to trial within 90 days. We were able to resolve the case for a reckless driving charge on the 90th day after the arrest and before the blood test result were completed, allowing our client to avoid a second DUI conviction (and five (5) year revocation of his driver's license).
Other Criminal Traffic Misdemeanor Case Results:
December 1, 2009 - The Assistant State Attorney in Tampa dropped all charges in CT-001621-FWX before for Judge Lawrence Lefler for driving while license revoked as a habitual traffic offender (ultimately filed as a misdemeanor). The prosecutor dropped immediately before a schedule motion to suppress hearing in which we argued that the Tampa Police Officer that stopped our client did so without valid legal cause under the 4th amendment. The officer performed the stop after a concerned citizen called police to report a suspicious vehicle in front of a vacant home. We were able to help our client lift the five year revocation before the hearing and the fact that this charge was dismissed entirely allowed the client to avoid another five year HTO revocation.
November 12, 2009 - State v. A.W. - Courty Court Judge in Tampa, the Honorable Lawrence Lefler, granted a motion to dismiss all charges, including Driving While License Suspended with Knowledge, a first degree misdemeanor. In the motion we listed all of the undisputed facts and were able to show that where the driver did not admit she knew that her Florida DL was suspended, and driving record showed suspensions were for failing to pay tickets there was insufficient evidence of the "knowledge" requirement, despite the allegations that the client's out of state driving privileges had been suspended three times.
April 6, 2009 - State v. J.S. - County Court Judge in Hillsborough County in Tampa, FL, granted client's motion to vacate two seperate DWLS with knowledge convictions, both first degree misdemeanors, in 5792FGL and 9913GEX, from a plea entered when our client was represented previously by another attorney. Allowing our client to reverse 5 year DL revocation.
February 9, 2009 - State v. M.G. - Motion to vacate conviction for DWLSR with knowledge, a misdemeanor offense, citation number 9445EVY, granted by the Honorable James V. Dominguez, County Court Judge in Hillsborough County, FL. Allowing our client to reverse 5 year DL revocation.
January 28, 2009 - State v. S.J. - Motion to set aside conviction for driving while license suspended with knowledge, a misdemeanor offense, citation number 2616ZFYR, was granted in Hillsborough County by the Honorable Elizabeth G. Rice. The court's ruling allowed our client to reverse 5 year DL revocation.
Our recent DUI case result listed on this website do not necessarily represent the results obtained in all cases because not all results are listed. As you can see below, the results in these cases depended on the particular facts and issues presented in those cases.
The facts and circumstances of your case may be very different. Therefore, the results we have obtained in the past are not necessarily an indication of the results that we will obtain in the future for any particular client. No attorney can promise you any particular result in your case. These case results are provided to give you general information about the types of defenses that we have asserted in cases in the past.
Information Upon Request Zone