Our Recent Victories

Case: STATE V. K.S. Judge

Facts:

The police conducted a traffic stop on the defendant's car for a seat belt violation. When the officer approached the car, he smelled an odor of marijuana coming from inside the vehicle. The officer had the defendant step out of the car and then noticed marijuana in plain view on the rear left rear floor board in a zip locked bag. The defendant admitted the marijuana was his for personal use. The defendant was charged with possession of marijuana.

Result:

The defendant received No criminal conviction for a drug charge and the firm also saved the defendant from losing his driver's license for two years by not being convicted of said drug charge.

Case: 24-CM-003133 Judge Rich

Facts:

The defendant was stopped after he was observed weaving all over the road. Officers noticed an odor of alcohol, red/watery eyes, he fumbled with his documents, and he appeared unsteady. Officer noticed a vegetative like substance on the defendant's person that appeared to be marijuana. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a urine test.

Defense:

Officers believed he was impaired by drugs and not alcohol. Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything.” The cops never sent any of the "vegetative" substances off to the lab for testing.

Result:

The DUI was Dismissed.

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