2017 DUI Case Results

DUI Dropped Completely Through a “Nolle Prosequi”

On December 14, 2017, the State Attorney’s Office filed a “Notice of Nolle Prosequi” in a DUI case pending in Division “D”. The deputy with the Hillsborough County Sheriff’s Office reported that the vehicle was speeding, swerved on the roadway, the driver had an open container in the vehicle, and the driver admitted consuming alcohol before the DUI arrest.

The case had been remanded for a new hearing and trial after an appeal by the Public Defender’s Office that reversed the trial court’s decision on a motion to suppress. The appellate court found that the Honorable Robert Beach, Senior Judge, departed from the role as an impartial judge. Our office was retained shortly after the case was remanded. We were able to convince the State Attorney’s Office to drop the charge completely before the rehearing.

DUI Reduced to Reckless

On December 14, 2017, at the courthouse in Tampa, FL, in Division A with the Honorable Judge Miriam V. Valkenburg, the court accepted a negotiated plea when a DUI charge was reduced to reckless driving with standard sanctions.

DUI Reduced to Reckless Driving

On December 13, 2017, in case number 17-CM-008XXX, our client’s case was resolved when the prosecutor agreed to reduce the DUI charge to reckless driving and to drop the other charges for possession of marijuana, and possession of drug paraphernalia. The case was resolved before Judge Lefler in the Tampa Courthouse.

DUI Reduced to Reckless Driving

On December 6, 2017, in case number 17-CT-004XXX, our client’s DUI charge was reduced to reckless driving at the Tampa Courthouse before the Honorable Eric R. Myers at the courthouse in Tampa, FL.

DUI Dropped to Reckless with a Withhold of Adjudication in Pinellas County

On December 5, 2017, the prosecutor with the State Attorney’s Office in Pinellas County agreed to reduce our client’s charge for DUI with a Refusal to Submit to the Breath Test to Reckless Driving with a withhold of adjudication (so that the client would not be convicted and could petition the court to seal the record after the probation was completed).

The case was pending before the Honorable Myriam Irizarry. After the court accepted the negotiated plea, the client was required to be on probation with an option for automatic early termination when all conditions were met including paying fees and costs, completing 50 hours of community service, and showing proof that she had already completed DUI school. The State Attorney’s Office subsequently dropped the other pending charges for possession of marijuana and possession of an open container of alcohol by entering a written nolle prosse.

DUI Reduced to Reckless Driving

On October 12, 2017, in Division X, at the courthouse in Plant City, FL, the Court accepted a plea to reckless driving after the case was reduced from DUI. After a single-vehicle car crash, our client was taken to the hospital where he signed a consent form giving a deputy with the Hillsborough County Sheriff’s Office permission to take his blood sample. Several months later, the blood test results came back from the crime lab showing the BAC was well over the legal limit of .08. The offer to reduce the case to reckless driving came after a motion to suppress was filed showing that the consent was not freely and voluntarily given under the circumstances.

3rd DUI Outside fo 10 Reduced to Reckless Driving

On October 12, 2017, in Division A, at the courthouse in Tampa, FL, the Court accepted a plea to reckless driving which was reduced from the original charge of a “3rd DUI outside of 10 years.” Our client was stopped for driving the wrong way on a roadway near Ybor City. The officer also alleged that our client did not participate in field sobriety exercises or submit to a breath test. The prosecutor did not offer to reduce the case until a few days before the jury selection and trial was scheduled to being.

One Year Administrative Suspension for DUI Refusal Invalidated in Clearwater Office

On October 5, 2017, HSMV Field Hearing Officer John Costello issued a final order on the results of the formal review hearing which set aside the 12-month suspension of the driving privilege for refusal to submit to a breath test. Upon reviewing the facts of the case, the Department Hearing Officer determined there was insufficient evidence to support the suspension because the arresting officer with the Manatee County Sheriff’s Office failed to appear at the hearing. The arresting officer appeared by phone for the first scheduled hearing which had to be rescheduled because the officer was not at a location where the officer could be sworn in to testify. Over our objection, the hearing was rescheduled, but at the rescheduled hearing, the officer failed to call in at the designated time.

One Year Administrative Suspension for DUI Refusal Invalidated in Tampa Office

On September 26, 2017, HSMV Field Hearing Officer KT King issued a final order on the results of the formal review hearing which set aside the 12-month suspension of the driving privilege for refusal to submit to a breath test. The Department Hearing Officer determined there was insufficient evidence to support the suspension because “the DUI evidentiary packet had not been received.” The arrest was made by a deputy with the Hillsborough County Sheriff’s Office who was furnished with a copy of the order by the hearing officer.

DUI with a Breath Test Reading of .122 and .124 Reduced to “Reckless Driving” with Only Mandatory Court Costs Sanctions

On September 25, 2017, in a case pending before Judge Lefler, Division D, Hillsborough County, in Case Number 17-CT-0024XX, we were able to enter into a negotiated plea to a reduced charge of “Reckless Driving” even though the breath test reading on Intoxilyzer 80-006567 was over the legal limit. The State agreed to reduce the charge to reckless only a few days before the scheduled jury trial.

DUI Refusal Case Reduced to “Reckless Driving” with Only Mandatory Court Costs Sanctions

In another case resolved on the same day, September 25, 2017, in a case pending before Judge Lefler, Division D, Hillsborough County, in Case Number 17-CT-0037XX, we were able to enter into a negotiated plea to a reduced charge of “Reckless Driving.” According to the police report, the officer with the Tampa Police Department alleged that the vehicle failed to maintain its lane and almost struck a raised center median before running a red light and drifting over the center lane marker several times. The officer also alleged that our client refused to submit to a breath test when requested. The state did not over to reduce the case to reckless driving until a few days before the scheduled jury selection.

Court Grants Writ of Certiorari to Invalidate a 12 Month Driver’s License Suspension

When you lose a formal review hearing during those 42 days after the DUI arrest, you can file an appeal called a “writ of certiorari” to the Circuit Court so that the administrative suspension can be invalidated, the driving privileges can be reinstated, and the notation of an administrative suspension can be removed from the permanent driving record.

On August 31, 2017, a three-judge panel including Circuit Judge Susan Barthhle, Judge Shawn Crane, and Judge Linda Babb, granted our Petition for Writ of Certiorari. The issue in the case was whether the evidence presented to the hearing officer at the formal review hearing linked the Petition as the driver of the vehicle in question. The Court agreed with our argument that “at no point do the witnesses to the crash identify Petition as the driver of the vehicle…Therefore, the license suspension cannot stand, and the final order of the FHDSMV must be set aside.”

One Year Administrative Suspension for DUI Refusal Invalidated in Clearwater Office

On August 24, 2017, HSMV Field Hearing Officer Sondra Boresow issued a final order on the results of the formal review hearing which set aside the 12-month suspension of the driving privilege for refusal to submit to a breath test. Upon reviewing the facts of the case, the Department Hearing Officer determined there was insufficient evidence to support the suspension because of “conflicting evidence or discrepancies” regarding whether the implied consent warning was read correctly and/or whether the driver actually refused to submit to the breath and/or urine test. Before the motion to invalidate was granted, we took testimony from a civilian witness that was involved in the crash that occurred immediately before our client’s arrest for DUI.

One Year Administrative Suspension for DUI Blood Test Refusal Invalidated in Tampa Office

Our client received an order of license suspension for one year effective 7/13/17, for refusal to submit to a blood test pursuant to section 322.2615 F.S. The client hired us to demand a formal review hearing within ten calendar days so that the hearing officer would determine by a preponderance of the evidence whether to invalidate the suspension. After a Formal Review Hearing on July 31, 2017, our client’s 12 months administrative suspension was invalidated by the hearing officer in the Tampa Office after we argued the following:

• the affidavit in support of subpoena to obtain medical records did not say that he had probable cause that the petitioner committed DUI;
• no valid refusal actually occurred after any obligation to submit to testing; and
• documents were missing.

DUI with Property Damage and Bodily Injury Completely Dismissed on Speedy Trial Grounds

On April 25, 2017, our client’s charges for DUI causing property damage and bodily injury were dismissed by the court. On May 11, 2017, the two civil infractions for careless driving and driving without headlights were dismissed by the court. The cases were heard by Judge Vandercar, in the county court in Pasco County at the courthouse in Dade City, FL. In this case, our law firm made a strategic decision to not consolidate the traffic and criminal DUI matters when we noticed the citation for the DUI had not been filed by the law enforcement officer and/or State Attorney’s Office.

We filed a Notice of Appearance for the traffic court citation and then waited to see what would happen with the DUI. When the DUI was finally filed by the State Attorney’s Office, it was filed well after speedy trial had run. We promptly filed a Notice of Expiration of Speedy Trial and a Motion to Dismiss. Our firm argued that the State was not entitled to the recapture period as the DUI matter was filed well after speedy trial had run.

Although the State claimed the Information was filed within the speedy trial period, the Judge agreed with the defense that even though the error was inadvertent between the State and the Clerk, it was unfair to the Defendant to give the misimpression the State had abandoned prosecution despite the inadvertent error. The State’s argument was only that they were going to enter a Nolle Prosse, but we demanded a ruling so the State could never refile charges again. The court ultimately ruled in our favor and dismissed the DUI. When we went back to court two weeks later on the civil infractions, the Trooper admitted that he did not personally witness the accident. Therefore, the Judge dismissed both traffic infractions as well.

One Year Administrative Suspension for DUI Refusal Invalidated in Clearwater Office

On April 11, 2017, HSMV Field Hearing Officer John Costello issued a final order on the results of the formal review hearing which set aside the 12-month suspension of the driving privilege for refusal to submit to a breath test. Upon reviewing the facts of the case, the Department Hearing Officer determined there was insufficient evidence to support the suspension because the arresting officer with the Florida Highway Patrol, Troop C, failed to appear at the hearing after being properly served with a subpoena.

“Not Guilty” Jury Verdict for Boating under the Influence in Pasco County

On March 30, 2017, the jury returned a “not guilty” verdict exonerating our client of Boating under the Influence (BUI). The presiding judge was the Honorable Debra Roberts in the West Pasco County Judicial Center in New Port Richey, FL. An officer with the Florida Fish and Wildlife Commission (FWC), Officer Damon Pulaski, arrested our client for BUI after seeing him operating a boat and loading it onto a trailer at a boat ramp in Pasco County.

After completing a safety, equipment and fishery inspection, the FWC Officer Damon Pulaski reported that the client admitted to consuming “10 beers.” During the BUI investigation, the officer administered a series of seated battery exercises. As a result of the investigation, the officer arrested our client for BUI. Although the client blew a .091 and .091 on the Intoxilyzer 8000 at the Land’O’Lakes jail (which was slightly above the legal limit), the prosecutor did not seek to admit the breath test results at trial.

We had previously filed and litigated a motion to suppress the breath test results because we were able to show that the agency inspector at the Pasco County Sheriff’s Office was intentionally deleting error / exception messages during monthly inspections by hitting the backspace button. Although the court ultimately found the lack of compliance was not substantial enough to suppress the evidence, the state decided not to introduce the breath test results at trial.

DUI Reduced to “Reckless Driving” with Only Mandatory Court Costs Sanctions

On February 24, 2017, in a case pending before Judge Farr, Division C, Hillsborough County, in Case Number 16-CT-016xxx, we were able to enter into a negotiated plea to a reduced charge of “Reckless Driving” without the court imposing any sanctions other than mandatory court costs.

DUI – Alcohol Concentration .04 > in a Commercial Vehicle

On February 9, 2017, the court in North County Traffic Court in Pinellas County dismissed the case pending against our client for Driving a Commercial Motor Vehicle (CMV) with any alcohol in violation of Florida Statute 322.62(1). A court hearing was held on February 9, 2017, with witnesses which resulted in the following action: CASE DISMISSED.

One Year Refusal Suspension Invalidated after DUI Arrest

On January 31, 2017, Hearing Officer Plato invalidated a one-year administrative suspension after a DUI arrest by a trooper with the Florida Highway Patrol because there was “insufficient evidence to support the suspension because the DUI evidentiary packet was not received.”

Judge Granted Our Motion to Suppress Evidence after an UNLAWFUL Traffic Stop

On January 9, 2017, our client’s DUI charged (the only charge pending against her) was dismissed by the court. The result occurred because we filed a motion to suppress. The Honorable Senior Judge, James V. Dominguez, heard testimony from a trooper with the Florida Highway Patrol concerning a traffic stop that was conducted without legal authority. The Court also watched a video showing the defendant’s driving pattern. Although the trooper had a call over dispatch about a report of a reckless driver and the video showed that the driver stopped past a stop bar at a red light, the Court found this evidence insufficient to show any lawful basis for the stop. The police reports alleged that the trooper saw the defendant driving “all over the road,” weaving within the lane, crossing the double yellow line and running over a curb. After the motion to suppress was granted, the Court then dismissed all charges pending against the client.