Driving Offenses Case Results (Part 4)

Internal Reference #7019

Facts: To Wit: The defendant was the driver of the listed vehicle, which was stopped for traffic infractions. Officer L requested the defendants drivers license, which he advised he did not have in his possession (teletype advised he had a suspended D/L). Officer L then observed that the steering column and ignition system were severely damaged (Said damage is consistent with that of stolen vehicles) and smelt a distinct Oder of burnt cannabis emitting from the vehicle. Based on Officer L’s observation and experience, Officer L had reasonable suspicion to believe that the vehicle may have been stolen and had probable cause that there were narcotics in the vehicle. Officer L advised the defendant of his Miranda Rights which he understood and waived. The defendant advised (post Miranda) that their was “weed” in the GMS/Positive for Cannabis/ Narco) located in a large purple sack, behind the driver’s seat. An inspection of the vehicle (subsequent to his arrest) revealed several component part’s VIN numbers(the left and right quarter panels, hood, and left and right doors) were unlawfully altered/ scratched out, thus making it unidentifiable, as either stolen or belonging to the vehicle. Post- Miranda the defendant admitted to the knowledge and presence of all the prior stated evidence. The defendant was processed at the agency, then transported to the county jail.

Charges:

  • Possession of Vehicle w/Altered Vin Felony
  • Possession of Vehicle w/Altered Vin Felony
  • Possession of Vehicle w/Altered Vin Felony
  • Possession of Vehicle w/Altered Vin Felony
  • Possession of Vehicle w/Altered Vin Felony
  • Possession of Cannabis Under 20 Grams Misdemeanor
  • Driving While D/L Suspended With Knowledge Traffic Criminal/Misdemeanor

Result: All Charges Dismissed


Internal Reference #8001

Facts: Officer was patrolling and the ∆ drove past while officer was doing posted speed limit at 45 mph. Officer was driving a marked police vehicle at the time the ∆ passed. Officer then started pacing the ∆, and ∆ started pulling away. Officer paced ∆ for about 10 blocks at a speed of 65 mph. Officer then attempted a traffic stop on the ∆. The ∆ finally pulled over after several blocks.

The ∆ stopped in the middle of the right through lane without pulling off to the shoulder. Officer then got on the loudspeaker and instructed the ∆ to pull off the shoulder to the side.

Officer approached the ∆ on the driver’s side of her vehicle and asked her for her license, registration, and proof of insurance. During this time, officer could smell an odor of an alcoholic beverage emanating from inside the vehicle. The ∆ was still trying to search for the documents officer requested, and finally gave officer her registration card and a credit card. Officer then asked the ∆ if she was OK and she stated yes, and why was officer asking. Officer then told her because she gave officer a credit card instead of her license.

The ∆ then stated to officer that officer hadn’t asked for those documents. Officer explained to ∆ that officer had asked for her license, and she started fumbling around again looking for it. The ∆ then pulled out her license and another credit card and held it without giving it to officer. Officer then advised ∆ that her license was no in her hand, pointed it out to her, and for her to give it to officer.

The ∆ then gave the license to officer. It should be noted that the odor of alcohol got stronger as ∆ spoke to officer. Officer asked ∆ where she was coming from and ∆ stated Café Iguana in the city of Pembroke Pines. It should be noted that Café Iguana is a bar and nightclub. This was the direction the ∆ was heading when officer first came in contact with her. Officer then had the ∆ step out of her vehicle and as she did, she used her car to keep herself balanced.

Based on officer’s training and experience, officer believed the ∆ may be impaired to operate a motor vehicle, so officer asked ∆ if she was willing to perform some voluntary roadside exercises, and ∆ stated yes. Officer then requested a unit with a camera to respond to the location to videotape the investigation. Officer S. arrived and and officer started his investigation. The area was safe and lit with street lights. The surface was flat and smooth.

At this time, officer asked the ∆ again if she was willing to perform some voluntary roadside exercises, and again she stated yes. Officer explained to the ∆ who he was, and asked if ∆ was on any medication, if she had any physical condition that would keep her from performing the exercises, and if she was under a doctor’s care, and ∆ stated “no” to all questions. The ∆ stated she only had one beer at her friend’s birthday party.

HGN: Officer had ∆ stand straight with feet together, and arms down to her side. Officer used his pen as a stimulus and held it approximately 12-15 inches in front of ∆’s face. Officer then moved it from side to side and detected all six clues in each eye. The clues were: Lack of smooth pursuit. Distinct and sustained nystagmus at maximum deviation. Onset of nystagmus prior to 45 degrees. The ∆ was swaying back and forward slightly .

Walk and turn: Officer instructed the ∆ to stand on the white line in the roadway with her right foot heel to toe, while officer demonstrated this exercise. Officer explained to the ∆ not to start while officer demonstrated the exercise. The ∆ kept wanting to start and officer had to tell her several times not to. Officer then demonstrated to the ∆ to count out loud by taking nine steps on the line touching heel to toe each step. Officer then had the ∆ reattempt this exercise and she still left large gaps in between, and swayed off the line with arms swinging. The ∆ was not steady on her feet.

One leg stand: officer instructed the ∆ to stand with feet together and arms down to her side while officer explained and demonstrated this exercise. The ∆ started crying and said officer needed to explain to her what to do. Officer explained several times and ∆ finally stated she understood. Officer instructed her to count out loud to 30 with her feet six inches off the ground. The ∆ did not count as officer instructed her to, and rushed through this exercise.

Officer then placed the ∆ under arrest for DUI, because officer believed her normal faculties were impaired to operate a motor vehicle. Officer asked if ∆ was willing to give a breath test to determine her blood alcohol content, and she refused. Officer then read to her the implied consent from a prepared text card, and ∆ stated she understood, and still refused to give a breath test.

Charges:

  • DUI
  • Speeding

Result:

  • DUI – nolo contendere, adjudicated guilty, DUI school, 50 hours community service, 10 days immobilization, 6 month license suspension, 6 months probation
  • Speeding – nolo contendere, dismissed

Internal Reference # 8006

Facts: On 1/16 at about 01:14 Sgt. M observed the defendant driving a vehicle east approaching a bridge. The defendant was drifting out of her lane repeatedly across lane lines. At the intersection of two streets, the defendant made a left turn from the right lane.

A traffic stop was effect. Upon contacting the defendant, Sgt. M made observations consistent with the defendant being impaired by alcohol and requested a DUI investigation.

Officer B arrived at about 0125 and contacted the defendant learning along the driver side of her truck (rear). Officer B observed the defendant had red watery eyes, flushed face, slurred speech and the door of an alcoholic beverage coming from her person. Officer b asked the defendant routine questions and then asked her to submit to roadside exercises which were conducted in the parking lot were she stopped. No Ill/ No Inj No/Glasses

The first exercise was HGN. Both eyes lacked smooth pursuit, there was jerking at maximum deviation and the onset of jerking at maximum deviation.

The next exercise was Walk and turn. The defendant attempted the starting position with and without her heeled shoes on. The defendant’s balance was impaired to the extent that roadside exercises were discontinued for safety concerns.

The defendant was arrested and asked to submit to breath testing which she refused. Officer b advised her of implied consent warnings and she maintained her refusal.

Sgt. M transported the defendant to a facility due to Officer B already transporting a male from another investigation. Paperwork was completed and then the defendant was transported to central booking at the main jail.

Charges:

  • DUI Alcohol or Drugs 1 st Offense
  • Disobey/Avoid Traffic Device
  • Improper Left Turn

Result:

  • DUI Alcohol or Drugs 1 st Offense – Adjudication, 6 months probation, 50 community service hours, 6 months license suspension
  • Disobey/Avoid Traffic Device - Dismissed
  • Improper Left Turn – Dismissed

Internal Reference #8008

Facts: On 9/13 at approximately 1:24 AM while on a traffic stop, Officer M and Officer B observed the defendants vehicle facing them while it was stopped facing southbound at the intersection of two roads. The vehicle had no headlamps on. Officer b cleared the traffic stop and then conducted a traffic stop on the above vehicle. While driving behind the vehicle, prior to activating his emergency lights, the vehicle drove over the yellow fog line and struck the raised concrete median. Officer B conducted a traffic stop. The defendant did not stop, he proceeded several blocks then stopped along the left through lane of traffic. Officer B made observations of the defendant, he told Officer M that he observe red, watery, bloodshot eyes, odor of alcohol, and the defendant handed him a “bank” card in lieu of D/L.

Based on Officer M’s observations he did believe that the defendant was DUI. Officer B requested that Officer M perform a DUI investigation. Officer M made contact with the driver who was still seated in the vehicle. Officer M made the same observations that Officer b observed. Officer M believed that the defendant was DUI. Officer M offered the defendant SFST’S, he did agree. As the defendant exited the vehicle he was uneasy on his feet and would sway when he would walk. He advised no meds, no ill, no inj, wears colored contacts, consumed approx.. “10” beers while watching football game. He further advised that he was coming from a local sports bar

HGN: all six clues, vertical nystagmus, slight circular sway

WNT: Could not balance, NHTT on all steps, would make a deliberate stop on all steps, improper turn(pivot), used arms

OLS: hops, sways, used arms(extended approx. 45 degrees out and down), put foot down on 12, 14, 16. Achieve count of “16” in 30 seconds of real time.

Placed under arrest for DUI. Implied consent was read on scene, the defendant did agree to take the breath test. Officer M did perform the “20 minute observation”

Results were: .250, .219 and .235

Processed and transported to jail.

Charges:

  • DUI – First Offense
  • Driving Under The Influence
  • Driving W/O Headlamps
  • Fail to obey traffic control device

Result:

  • DUI – First Offense - Adjudication, 12 months probation, 50 community service hours, 10 days immobilization, 6 month license suspension, DUI School
  • Driving Under The Influence - Dismissed
  • Driving W/O Headlamps - Dismissed
  • Fail to obey traffic control device – Dismissed

Internal Reference #9006

Charges:

  • Driving While License Revoked
  • Speeding

Result: Motion to Substitute Consul granted. Another attorney took over the case. R. Foley withdrew.


Internal Reference #9014

Facts: Officer H responded to the listed location to assist Officer Ho with a traffic stop on the defendant for driving without lights and swerving. Officer Ho asked Officer H to conduct a DUI investigation because he believed the defendant to be intoxicated due to the smell of an alcoholic beverage emitting from the defendants breath, bloodshot and glassy eyes and the defendants driving pattern.

As Officer H approached the defendant, she was learning against the back of her vehicle. Officer H could smell a strong odor of an alcoholic beverage emitting from her breath and asked if she had been drinking tonight in which she responded no then she responded yes she did 1 drink. The defendants speech appeared ot be slurred, her eyes were bloodshot and glassy, and unstable when standing unassisted by swaying back and forth. Officer H asked the defendant if she would be willing to conduct some Sfses, which she agreed to do. Officer H asked if she had any medical or physical problems that would affect her balance or hamper her in anyway which she stated no but would later state that she had a bad foot. Conditions were nighttime on a well lit road. Flat surface clear of debris. A white line was used and the defendant was facing away from emergency lights on the police vehicles. Results are as follows:

Horizontal Gaze Nystagmus: There was no nystagmus noted during resting observation, equal tracking with same pupil size, there was lack of smooth pursuit in both eyes, onset of nystagmus prior to 45 degrees and distinct nystagmus at maximum deviation. 6 of 6 clues.

Walk and Turn: During the instruction phase, the defendant would sway back and forth while listening to instructions and did not remain in the starting position as instructed to do. Stops walking to steady self, misses heel to toe on most all steps, steps off the line, uses arms for balance by raising over 6 inches improper turn by stumbling, incorrect number of steps 13 first attempt then asked to redo it 14/13 second attempt. 7 of 8 clues.

Finger to Nose Test: Does not keep eyes closed. Fails to return arms to side, fingertip does not touch tip of nose but bridge of nose on several try’s. Uses wrong hand two times. 4 of 4 clues

One Leg Stand: Sways while balancing. Uses arms for balance by raising more than 6 inches, puts foot down. Officer H stopped the exercise early for the defendant’s safety due to her instability. 3 of 4 clues

After completion of the standardized field sobriety exercises, Officer H placed the defendant under arrest for driving under the influence of alcohol. The defendant’s vehicle was released to her husband who was on scene. Officer H asked the defendant if she would give a breath sample, which she stated yes.

At the BAT, the defendant refused to give a breath sample by pretending to blow into the Intoxilizer without actually blowing into the machine. Officer H read the defendant the Florida Implied Consent law and she still refused to give a breath sample. After processing, the defendant was then transported to jail.

It should be noted that Officer H’s investigation was captured via the digital in car video camera system, which was downloaded to a DVD for courtroom presentation. The DVD was placed into evidence.

Additional Citations Issued:

  • Driving W/O Lights At Night
  • Violation Of Traffic Control Device

Charges:

  • Driving Under The Influence (1 ST offense)
  • Fail To Obey Traffic Control Device
  • Vehicle W/O Lights Night
Result:

  • Driving Under The Influence (1 ST offense) – Adjudication, 6 months probation, 50 community service hours, 10 days immobilization, 6 months license suspension
  • Fail To Obey Traffic Control Device - Dismissed
  • Vehicle W/O Lights Night – Dismissed

Internal Reference #9016

Charges: Drivers License Suspended (DWLS)

Result: Drivers License Suspended – Amend to No Valid Drivers License – Adjudication – Pay Fine


Internal Reference #9018

Charges: Driving While License Suspended

Result: Another attorney took over the case. Motion to Withdraw granted.


Internal Reference #9019

Facts: Same client as #9018

Charges: Driving While License Suspended

Result: Motion to Substitute Counsel Granted


Internal Reference #10005

Charges:

  • Driving While License Suspended
  • Expired D/L Less Then 4 Months

Process: Mr. Foley filed a Motion to Vacate Plea from a previous date, which was granted

Result:

  • Driving While License Suspended – Adjudication Withheld, Court Costs
  • Expired D/L Less Then 4 Months – Adjudication Withheld, Court Costs

Internal Reference #10009

Facts: The defendant exited his vehicle and approached Officer C. The defendant appeared to have difficulty walking. Officer P also detected a strong smell of an alcoholic beverage upon the defendant’s breath. Officer P requested the defendant’s driver’s license. The defendant informed Officer C that he didn’t have it and that his license was suspended. Officer P informed the defendant of his driving pattern and he stated that he was only going home. The suspect was asked the following questions: Q Have you been drinking? Answer - yes. Q2 How much have you had to drink? Answer – about five or six beers. Q3 Are you drunk? Answer- Yes. The defendant was given field sobriety test. Test Results – ABC test passed all three attempts. One leg stance – failed 1 st and second attempt, passed third. Finger test – defendant could not perform fast. The defendant was placed under arrest for DUI, read implied consent and Miranda warnings. The defendant was transported to jail.

Charges:

  • DUI
  • Failed to drive within single lane
  • Driving while license suspended

Result: Motion to Withdraw granted


Internal Reference # 10010

Facts: Same Client as #10009,#10000,10011,10012

Charges: DWLS

Result: Motion to Withdraw granted


Internal Reference # 10011

Facts: Same Client as #10009,#10000,10011,10012

Charges: DWLS

Result: Motion to Withdraw granted


Internal Reference # 10012

Facts: Same Client as #10009,#10000,10011,10012

Charges: DWLS

Result: Motion to Withdraw granted


Internal Reference #1022

Facts: On July 22 at or about 0354 hours, at a location, the defendant did commit the violation of driving while intoxicated.

Officer M responded to the location in reference to a vehicle accident. Sgt. S located the defendant passed out behind the wheel of the vehicle, which was running with keys in the ignition. The above named defendant with the sole occupant and in actual physical control of the vehicle. Upon arrival, Officer M met with the with the driver(defendant). There was a strong odor of alcohol coming from his person. Officer J conducted the accident investigation, after that was completed, Officer M informed the defendant that he was now conducting a criminal investigation for DUI. Officer M asked the defendant to perform some voluntary roadside exercises. The defendant agreed to perform the exercises.

Exercise #1 Walk and Turn – The defendant took eleven steps walking down the line the first time while swaying back and forth. The defendant then made the turn taking only six steps back stepping off the line three times.

Exercise #2 Finger to Nose – The defendant was instructed four times on how to perform the exercise. After conducting the exercise with the defendant, he was still unable to perform the exercise the correct way. The defendant was unable to point his finger out away from his body and bring it to his nose. He continuously brought his finger straight to his nose.

Exercise #3 One Leg Stand – The defendant swayed back and forth while brining his arms up from his sides to get balanced. He brought his foot to the ground one time. He then over counted the thirty seconds.

Exercise #4 HGN – Officer J conducted the HGN, detecting all six clues. Vertical nystagmus was also detected.

At this point, Officer M believed the defendant to be under the influence of alcohol and/or a chemical or controlled substance while in actual physical control of a motor vehicle. The defendant was placed under arrest and Officer M requested that he submit to a breath test. The defendant agreed to do so and was transported to the BAT facility for further testing. CSA R, a certified breath technician, administered the Intoxilyzer 8000 breath test with results of 0.201g/210L at 0501 hours, and 0.230g/210L at 0504 hours with a third test of 0.212g/210L at 0507 hours due to a greater then 0.02 variance.

The defendant was then transported to the police department for processing and later turned over to jail. Subsequent to the accident and DUI investigations, the defendant was cited for DUI, Careless Driving, DUI property damage, and DUI property damage.

Charges:

  • DUI First Offense
  • Careless Driving
  • DUI-Property Damage
  • DUI- Property Damage

Result:

  • DUI Blood Alcohol Above 0.20– Adjudicated, 9 months probation, DUI School, 5 year License Suspension, 10 days jail with credit for 1 day served, 2 year interlock,
  • Careless Driving - Dismissed
  • DUI-Property Damage – Dismissed

Internal Reference #20248

Facts: The client received three criminal citations for the following charges:

Charges:

  1. Open container of alcohol (316.1936(2)(a)) – Maximum Penalty: 60 days in jail
  2. Driving while license suspended with knowledge (322.34(2)) – Maximum Penalty: 60 days in jail
  3. Loud radio (heard in excess of 50 ft.) – (316.3045(1)) – Traffic Infraction

Results: Mr. Foley withdrew from the case because the client had an outstanding balance with the firm that he failed to pay.


Internal Reference #20261

Facts: While on interstate patrol, a deputy was attempting to stop a vehicle travelling eastbound on the interstate. The deputy had clocked the defendant at 100mh on his dual stalker radar. The vehicle had just been identified by driving in a reckless manner. The deputy informed dispatch that the defendant was refusing to stop even though he was using his lights and sirens. An officer was waiting at an overpass on the left shoulder with his lights on and siren on. As the vehicle sped by, the officer joined in on the chase with his lights and sirens on. The vehicle was swerving from side to side within the dotted lines on the two left lanes. The officer pulled up to the vehicle’s left side and was ordering the defendant (with his microphone) to stop the vehicle. The defendant just looked at the officer with a smile and waved at him in a good-bye manner and then sped away at over 100mph. He swerved by a white vehicle that was on the second lane from the left. As they approached the southbound bend, the defendant sped up to 110mph on the left lane. The officer kept that pace for approximately 1 mile. The vehicle then began to swerve in and out of traffic, cutting numerous vehicles off. He changed lanes from the left lane all the way to the center lane and back again to the left. He sped up again and began to tailgate a motorcycle on the left lane. The officer pulled up to his right and was ordering the defendant to stop. He began to pull off the left shoulder and shot back. The officer had to take evasive action to avoid being struck. He maintained a slow speed at approximately 30 mph and came to an abrupt stop in the left lane. The deputy and the officer ran up to his vehicle by his driver’s side door and pulled him out. The officers placed the defendant into custody at 1912. The defendant’s condition was in disarray, he had feces all over his pants, and his underwear was out of his pants. The defendant had bloodshot eyes, his face was flushed, and he had a strong odor of an alcoholic beverage emitting from his breath and mouth area. The officer asked him if he knew where he was at. He stated a different county than the one he was in. based on the totality of the circumstances, the officer placed the defendant under arrest for fleeing and eluding, aggravated assault, and DUI.

A check of the defendant’s vehicle revealed that the defendant had stopped because he ran out of gas. Also, the heater was on full blast and the inside of the vehicle was in total disarray. The ashtray on the floorboard, and feces covered clothes were all inside of the vehicle. The defendant was later transported to the station. They arrived there at 1950 and the defendant was placed on video and was read his implied consent from a prepared text. The defendant refused to submit to a lawful test of his breath, and due to his level of impairment, the defendant was not asked to perform any field sobriety exercises. The defendant was later transported to the county jail.

Charges:

  1. Aggravated fleeing and eluding (316.1935(3a)) – Maximum Penalty: 15 years in prison
  2. Driving under the influence (2nd offense) (316.193(2a)) – Maximum Penalty: 9 months in jail
  3. Driving while license suspended with knowledge (322.34(2)) – Maximum Penalty: 60 days in jail
  4. Refusal to submit to blood/alcohol test (316.1939(1e)) – Maximum Penalty: 1 year in jail
  5. Failure to stop when ordered by law enforcement officer (316.1935(1a)) – Maximum Penalty: 5 years in prison
  6. Speeding (110/70) (316.187(2a)) – Traffic Infraction
  7. Expired driver’s license (322.065) – Traffic Infraction
  8. Aggravated assault (motor vehicle) (784.021(1a)) – Maximum Penalty: 5 years in prison

Process: This was one of those crazy cases. Lots of work to get to this result. Lots of medical records, reviewing of discovery and dispositions led to the probation resolution.

Results:

  1. Aggravated fleeing and eluding – Adjudication Withheld
  2. Driving under the influence (2nd offense) – Nolle Prosequi (Dismissed)
  3. Driving while license suspended with knowledge – Adjudication Withheld
  4. Refuse to submit to blood/alcohol test – Nolle Prosequi (Dismissed)
  5. Failure to stop when ordered by law enforcement officer – Dismissed
  6. Speeding (110/70) – Dismissed
  7. Expired driver’s license – Dismissed
  8. Aggravated assault (motor vehicle) - Dismissed

On count 1: 2 years of probation and on count 3: 1 year of probation to run concurrently.

Note: Prior to the disposition of the civil case, the client passed away after being ill. Mr. Foley withdrew from the case because he was unable to effectively communicate with the family of the deceased.

No Jail, No Prison, No Conviction


Internal Reference #20266

Facts: The client received a criminal citation for not having a motorcycle endorsement.

Charges:

  1. No proper endorsement on driver’s license (322.57(2)) – Maximum Penalty: 1 year in jail
  2. Speeding state posted (316.187(1)) – Traffic Infraction

Results:

  1. No proper endorsement on driver’s license – Adjudication Withheld
  2. Speeding state posted – Dismissed

No Jail, No Probation, No Conviction

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