DUI Case Results in 2015

One Year Suspension Invalidated Because of Missing Video

On December 16, 2015, a hearing officer invalidated a one year refusal suspension after finding that there was insufficient evidence to support the suspension because the arresting officer with the Hillsborough County Sheriff’s Office failed to appear.”

One Year Suspension Invalidated Because of Missing Video

On December 3, 2015, the hearing officer set aside the one year administrative suspension. The allegations were that our client refused to take a breath test. The arresting officer with FHP had been properly served with a subpoena duces tecum to bring the video of the DUI investigation to the hearing. Although the officer appeared at the hearing and testified, he did not bring the video. The hearing officer reset the hearing but the officer still didn’t provide the video. After moving to invalidate the suspension on due process grounds, the hearing officer agreed to invalidate the suspension. The final order found “insufficient evidence to support the suspension because of missing or illegible evidentiary documents.”

One Year Administrative Suspension Invalidated

On October 28, 2015, a one year administrative suspension was set aside. We argued that there was “no actual refusal” because the driver had recanted or cured the refusal within a reasonable time period after the initial refusal. The arresting officer with the Hillsborough County Sheriff’s Office testified that after the refusal, the defendant then asked for a breath test. Because the arresting officer made no attempt to accommodate that request, the hearing officer invalidated the one year suspension.

Writ of Certiorari Granted Reversing One Year Administrative Suspension

On October 22, 2015, Judge Emmett L. Battles, Circuit Court Judge for Hillsborough County signed a Final Order Granting Writ of Certiorari and Directing the Clerk to Close the File. The order quashed the hearing officer’s order upholding our client’s one-year administrative suspension for allegedly refusing to submit to a breath test. The issue in the case was that the hearing officer denied the petitioner’s right to due process by improperly continuing the hearing after the arresting officer failed to appear. Although the arresting officer had requested a continuance in advance of the original hearing date, the hearing officer did not determine that good cause existed for the continuance request.

“Not Guilty” Verdict After Jury Trial in a DUI Refusal Case

On October 13, 2015, at the courthouse in New Port Richey in Pasco County before Judge Marc H. Salton the jury returned a “not guilty” verdict after a DUI trial. Our client was charged with a second DUI outside of 5 years.

DUI Refusal Reduced to Reckless Driving

On October 7, 2015, Judge Jennifer X. Gabbard at the Plant City Courthouse accepted a plea of “no contest” to the reduced charge of reckless driving. The case had originally been charged as a DUI with a refusal to submit to a breath test.

Administrative Suspension Invalidated

On September 22, 2015, the HSMV Field Hearing Officer invalided the suspension. The hearing officer found there was insufficient evidence to support the six-month suspension because the DUI evidentiary packet was not received in time by the Tampa Police Department.

DUI Conviction Reversed Because of Improper Comments by the Prosecutor in Closing Arguments

On August 18, 2015, we won a direct appeal reversing the conviction in a DUI case in Pasco County at the New Port Richey courthouse. We argued in the appeal that the prosecutor made several improper comments during closing arguments in the case that created the perception that the defendant had a burden to produce evidence of innocence. The court agreed and found that the comments were so improper that the trial was deemed fundamentally unfair even though the defense did not object to the prosecutor’s improper arguments. Because the State could not demonstrate on appeal that the error was harmless the conviction was reversed and remanded for a new trial. The case was decided by Circuit Judges Linda Babb, Shawn Crane and Daniel D. Diskey.

DUI BAC .204 and .208 Reduced to Reckless Driving

On August 17, 2015, in Division G at the courthouse in Tampa, FL, the Court accepted a plea involving a reduction of a DUI with a breath test reading of .204 and .208 on the Intoxilyzer 8000 maintained by the Hillsborough County Sheriff’s Office to Reckless Driving with the standard sanctions including probation to complete DUI school and follow up treatment, fines and cost costs, and 50 hours of community service. By avoiding a DUI conviction the client did not receive a court-ordered driver’s license suspension or a requirement that she install the ignition interlock device. The video in the case showed that the driver had a cold and asked to take her cough medicine right before the field sobriety exercises. Her cough continued during the exercises and after the arrest by Tampa Police Department Officer J. Sustek. The cold, fever and cough could have contributed to the higher breath test reading. The case was resolved with a plea to the reduced charge of reckless driving on the day of trial. The civil infraction for driving without headlights was merged and dismissed.

DUI BAC .090 and .079 Reduced to Reckless Driving with a Withhold of Adjudication and No Probation

On August 14, 2015, in front of Judge Grey at the New Port Richey courthouse, in the 6th Judicial Circuit in and for Pasco County, a DUI charge involving a BAC of .090 and .079 was reduced to reckless driving. The prosecution agreed to “withhold adjudication” making the client eligible to seal any record of the arrest or prosecution. By avoiding an adjudication to the reckless driving charge the client was able to avoid receiving any points on his driving record. Because he had already completed DUI school and agreed to pay costs immediately, he was not put on probation. No community service was required as part of the plea deal. The plea was offered in exchange for the defense withdrawing a Motion to Suppress the breath test results for a lack of substantial compliance with the administrative rules. That motion was scheduled on the same day that the plea was entered. Also, since one breath test reading was below .08 the administrative suspension was invalidated and removed from the driving record. Therefore, no driver’s license suspension occurred.

DUI Charges Completely Dropped in Hillsborough County, FL

On July 24, 2015, in Division B of County Court, the State Attorney’s Office in Hillsborough County filed a “Notice of Nolle Prosequi” which dropped all charges pending against our client for DUI with Property Damage after our client’s medical records were improperly obtained. It was alleged that the defendant was involved in a serious traffic crash with property damage. The officer reported detecting the distinct odor of alcoholic beverages and seeing the driver’s slurred speech and watery-bloodshot eyes. The defendant allegedly refused to provide a blood sample after the reading of Implied Consent. Thereafter, the officer improperly obtained the medical records with the help of the State Attorney’s Office without properly providing the defendant notice.

Administrative Suspension Invalidated

On July 22, 2015, the HSMV Field Hearing Officer in Tampa, FL, invalidated the suspension because there was insufficient evidence to support the suspension because the arresting officer with the Florida Highway Patrol (FHP) failed to appear at the hearing.

Administrative Suspension Invalidated

On June 25, 2015, the HSMV Field Hearing Officer set aside the six-month suspension in a DUBAL case because there was insufficient evidence to support the suspension because the arresting officer with the Florida Highway Patrol (FHP) failed to appear at the hearing.

Administrative Suspension Invalidated

On June 19, 2015, the HSMV Field Hearing Officer in Tampa, FL, set aside the six-month suspension in a DUBAL case because there was insufficient evidence to support the suspension because the arresting officer with the Florida Highway Patrol (FHP) failed to appear at the hearing.

DUI Refusal Reduced to Reckless Driving with No Probation

On April 28, 2015, in front of Judge Lefler at the Tampa courthouse in Hillsborough County, a DUI refusal case was dropped down to a reckless with standard sanctions through a plea in absentia. The prosecutor agreed that no probation was required. The plea was negotiated in exchange for the Defense withdrawing a “Motion to Exclude” any mention of the alleged “refusal” because the driver did not refuse to take the breath test after being properly advised of the implied consent warning as required by Florida law. The plea was accepted the day before the motion hearing was scheduled.

Administrative Suspension Invalidated

On March 16th, 2015, the HSMV Field Hearing Officer in Clearwater, FL, set aside the six-month suspension in a DUBAL case because there was insufficient evidence to support the suspension because the arresting officer with the Florida Highway Patrol (FHP) failed to appear at the hearing.

Administrative Suspension Invalidated

On March 19th, 2015, the HSMV Field Hearing Officer set aside the one-year suspension in a DUI refusal case because there was insufficient evidence to support the suspension because the arresting officer with the Hillsborough County Sheriff’s Office (HCSO) failed to appear at the hearing.

Administrative Suspension Invalidated

On February 18, 2015, the HSMV Field Hearing Officer in Clearwater, FL, set aside the one-year suspension in a DUBAL case because there was insufficient evidence to support the suspension because the arresting officer with the Florida Highway Patrol (FHP) in Troop C failed to appear at the hearing.

Administrative Suspension Invalidated

On January 7, 2015, the HSMV Field Hearing Officer in Hillsborough County, FL, set aside the one-year suspension in a DUI refusal case because there was insufficient evidence to support the suspension because of missing or illegible evidentiary documents submitted by the Florida Highway Patrol.