Jacksonville, FL
Criminal defense Lawyer at Jacksonville, FL
Practice Areas: Criminal Defense, DUI & DWI ... +4 more
OUTCOME: acquittal
State of Florida vs N.B. – The defendant was charged with a DUI, accused of registering a breath test of .205 (2 1/2 times the legal limit). After choosing a jury and having the trial, the judge grante ... d my motion for judgment of acquittal and threw out the case after the State rested.
OUTCOME: acquittal
State of Florida v. D.O.: Client observed by police hitting the curb and then crossing the center line on the roadway. She ran a stop light and made a right turn from the center lane. Police pull her o ... ver, at which time client was allegedly unable to roll down the automatic car window. After several attempts, she opens the truck door at which time the officer said he smelled a strong odor of alcohol coming from her breath. Client admits to having had two vodka and orange juice drinks. Client submitted to field sobriety exercises which the officer said she “failed” at which time she was arrested, transported to the jail and asked to submit to a breath test. The results were .151 and .152. Client was arrested and ultimately charged with D.U.I. and Possession of Drugs without a prescription as several prescription medications were recovered from her car upon her arrest. Client retained us and we chose not to plead guilty and to take our chances at trial. The counts were severed, or separated, and the first trial was on the D.U.I. We were able to catch the officer in multiple contradictions between what he had previously said under oath at the D.M.V. hearing and what he said on the stand. We also were able to impeach him with his own report as to what exercises were performed and how she did on those exercises. We also elicited, through the breath test maintenance witness that this machine was no longer in use at the time the case went to trial. The jury found the client not guilty as to the D.U.I., and the State chose to drop the Possession of Drugs without a Prescription charge after the Judge granted a Motion to Suppress the police officer’s testimony due to his credibility problems in the first trial.