Attorney Malcolm Anthony's Legal Cases

DUI and DWI

DUI with High Blood Alcohol level with Crash, Reduced to Reckless Driving; No Conviction

Oct 27, 2016

OUTCOME: DUI with .236 BAC reduced to Reckless Driving with No Conviction

Client alleged to crash her car into a tree. When paramedics arrived they took a blood sample. The police obtained an arrest warrant for DUI with enhanced blood alcohol level when the blood returned fr ... om the lab .236, almost three times the legal limit. Although the affidavit to obtain the warrant asserted client was seen in the vehicle, the first officer on the scene could not remember where the client was when he arrived. Without proof of the client as driver and a potentially false warrant affidavit, the State reduced the charge to Reckless Driving with no conviction.

Criminal defense

Charges Dismissed against Employee of Convenience Store for Selling Alcohol and Tobacco to Minors

Sep 13, 2016

OUTCOME: Charges Dropped

This young college student started a job at a local convenience store. For each sale of alcohol or tobacco, she swiped the person's ID for verification. She was told by her supervisor that was all she ... had to do. There was no problem with two swipes of two customers. Unbeknownst to her, State Div. of Alcoholic Beverages and Tobacco had sent in these underage purchasers in a sting operation. As we began to prepare for her defense at her first visit to our office, we noticed the citation was for Duval County though the store was near the county line but was actually in St. Johns County. I asked the client's mother who was with her about this and she said she challenged the agent about this and he told her "Ma'am, we have statewide jurisdiction." Though that my be the case, the charge still must be brought in the county in which the crime allegedly occurred. We filed a motion to dismiss. The court granted the motion at the first court appearance. Case dismissed.

Criminal defense

Hit and Run Crash Dropped

Aug 10, 2016

OUTCOME: Hit and Run Dropped

Client lost control of his vehicle and hit a tree owned by the homeowner's association in his neighborhood. His car was disabled. He contacted the guard at the gate and got a ride home. A bit later the ... police arrived and cited him for the crime of Leaving the Scene of an Accident with Damage. We showed first that there was no real proof of damage. The tree had a gash but nobody got pictures that night so it was not certain when the gash was made. Secondly, we argued the purpose of the statute is to render any aid and to leave the victim your contact information. We argued that our client fulfilled that purpose when he contacted the guard who worked for the HOA. The State dropped the case.

Criminal defense

Grand Theft charges against Business Owner Dropped

Aug 01, 2016

OUTCOME: Charges Dropped

Client owned a window blinds installation company. The alleged victim ordered custom blinds for an odd shaped window. The client measured the space twice and sent his order to the manufacturer. The pro ... duction of the unique shape was delayed by the manufacturer. The buyer asked for a refund and the client informed them he would give them a refund through his lawyer. The buyer called the lawyer who did not respond. The buyer went to the sheriff and obtained an arrest warrant for our client for Grand Theft. Our client was arrested for Felony Grand Theft. Fortunately he contacted us immediately. We showed the State how he had tried to refund the buyer and also educated the prosecutors on the law which only criminalizes non-performance when there is no intent to perform at the time the contract is made. We showed them the purchase orders to the manufacturer to prove there was no intent. The State dropped the case without filing formal charges.

DUI and DWI

DUI with High Blood Alcohol level with Crash, Reduced to Reckless Driving; No Conviction

Jul 18, 2016

OUTCOME: DUI reduced to Reckless Driving; No Conviction

Client was leaving a Jaguars game and was involved in a traffic crash in which he allegedly hit a parked trailer. He stopped to check the damage. Police arrived as he and his passenger were outside the ... car looking at the damage. The police arrested him for DUI and he blew three times the limit. But the police could not find where the accident happened. We prepared a motion to suppress statements prior to proof of corpus delicti (proving a crime even happened) and any statements protected by the Accident Report Privilege which protects statements made at a crash investigation as compelled because the law requires one involved in an accident to tell the investigating officer what happened. Without his statements, the State had no proof he was the driver of the vehicle. We also prepared a Motion to Suppress the breath test for an Unlawful Arrest. The State could not arrest for a DUI unless it occurred in their presence except in an accident case. The State had no crash scene so had no crash investigation to support the arrest. The State reviewed our motions (we never even had to file them) and reduced the charge. Client pled No Contest to Reckless Driving and the Court Withheld Adjudication of Guilt.

DUI and DWI

Licensed Physician saved from DUI

May 17, 2016

OUTCOME: DUI reduced to Reckless Driving

My client, an M. D., was arrested for DUI after failing to drive in his lane and performing poorly on roadside sobriety tests. He refused a breath test. We eventually negotiated a Reckless Driving char ... ge with minor penalties except for an onerous physician's recovery program. We then filed a motion to modify the probation to delete the program when we got him into a program which did not affect his licensure.

DUI and DWI

Third DUI Dropped; 10 Year License Revocation Avoided

Mar 23, 2016

OUTCOME: CASE DROPPED

Client was arrested for her third DUI in less than two years. She was on probation for her second DUI. She was facing significant jail time. Client was standing at her car inside the open driver's d ... oor when police arrived because she had been fighting in the street with the girl who had been her passenger. The police asked about the fight and let the passenger go. Client was given field sobriety tests and arrested for DUI. We filed a motion to suppress evidence from an unlawful arrest. No crime occurred in the officer's presence because client was not "in or on" the car for purposes of being in "actual physical control." We also averred that all her statements were inadmissible because she was never read her rights and this was not a traffic stop. She was in custody for purposes of the Fifth Amendment when the officer let the passenger go but would not let the client call her friend to pick her up and said "No friend is going to come get you. You are not going anywhere." The motion was granted.

DUI and DWI

DUI reduced; no conviction

Mar 22, 2016

OUTCOME: DUI reduced to Reckless Driving; no conviction

Client was stopped by FHP for speeding and eventually arrested for DUI. We filed a motion to suppress all evidence from an unlawful stop. We showed the State the trooper got only two seconds of pacing ... of our client as the trooper was accelerating and our client was decelerating two blocks ahead. Prior to the hearing, the State reduced the charge.

DUI and DWI

Boating Under the Influence reduced to Reckless Boating, no conviction

Feb 23, 2016

OUTCOME: BUI reduced to Reckless Boating, no conviction

Client was operating a vessel with several friends coming in from a day at sea. He was stopped by Fish and Wildlife Commission (FWC) officers. Sobriety tests were conducted on the FWC vessel in the har ... bor with boats coming and going around them. He was arrested and refused a breath test. We showed the tests were invalid when done on a bobbing vessel in the harbor. We set a hearing on the Refusal charge. The State capitulated and reduced the charge to Reckless Operation of a Vessel and dropped the Refusal charge.

Criminal defense

Got HTO 5-year suspension removed and new Felony charge reduced

Feb 17, 2016

OUTCOME: HTO Removed; Felony Suspended License reduced to misdemeanor

Client came to us with an HTO (Habitual Traffic Offender) 5-year suspension and was charged with a new Felony Driving on a Suspended License charge. He was facing significant jail time in Putnam County ... . First, we moved to Vacate and Set Aside the Clay County previous conviction which gave him the HTO. It was initially denied but we moved to reconsider and appeared before the court and were successful. This removed the HTO from his license. He obtained a new license and when we appeared for the felony in Putnam, the State reduced the charge to a misdemeanor charge of No Valid Driver's License which does not result in a new HTO designation. He paid fines.

Malcolm Anthony's Legal Cases (27)

DUI with High Blood Alcohol level with Crash, Reduced to Reckless Driving; No Conviction

Charges Dismissed against Employee of Convenience Store for Selling Alcohol and Tobacco to Minors

Hit and Run Crash Dropped

Grand Theft charges against Business Owner Dropped

DUI with High Blood Alcohol level with Crash, Reduced to Reckless Driving; No Conviction

Licensed Physician saved from DUI

Third DUI Dropped; 10 Year License Revocation Avoided

DUI reduced; no conviction

Boating Under the Influence reduced to Reckless Boating, no conviction

Got HTO 5-year suspension removed and new Felony charge reduced