Attorney Malcolm Anthony's Legal Cases

DUI and DWI

DUI with Crash reduced; no conviction

Jan 13, 2016

OUTCOME: DUI reduced to Reckless Driving; No Conviction

Client rear-ended a vehicle in Ponte Vedra Beach. When police arrived they noticed signs of impairment and an open liquor bottle in his car. He performed poorly on the roadside tests, was arrested, and ... refused a breath test. We were able to show he cooperated fully. We made sure his insurance company paid all the restitution to the victim right away, then we contacted them (they were from out of state); after being paid, they did not wish to return to Florida for trial. We negotiated a Reckless Driving with no conviction.

DUI and DWI

DUI reduced; no conviction

Jan 06, 2016

OUTCOME: DUI reduced to Reckless Driving; No Conviction

Client was asleep in her car in her driveway with the engine running. When awakened, she backed up across the street, over the curb, then back into her driveway and went into her garage. The witnesses ... had called the police. A deputy stopped her garage from door from closing as she walked in and took her outside and arrested her. We filed a motion to suppress the evidence because the deputy had no warrant to arrest her and his intrusion by putting his foot inside her garage to stop the door was a violation of her Fourth Amendment rights. The State reduced the charge to Reckless Driving with no conviction.

DUI and DWI

Foreign Student College Career Saved

Nov 04, 2015

OUTCOME: DUI Dropped

Client was sleeping in his car at the Castillo De San Marcos fort parking lot in St. Augustine. His engine was revving. Police knocked on his window and got him out of the vehicle. He was highly intoxi ... cated. He was a foreign student in college locally on a sports scholarship. We showed the police had no reasonable suspicion to request he exit his vehicle. Before the hearing, the State agreed to defer prosecution. Upon completing community service hours, the State dropped the case. The client was able to keep his student visa and graduated from college.

DUI and DWI

DUI Dropped

Nov 22, 2010

OUTCOME: CASE DROPPED

Client was stopped for not wearing a seat belt. He smelled of alcohol and his eyes were red and glassy. He admitted to drinking “five to six beers” at “Maverick’s Bar.” He was arrested and took a breat ... h test showing a BAC of .056/.057. Since there was no probable cause to require a urinalysis, his results were not admissible. The State dropped the charges.

DUI and DWI

DUI reduced; no conviction

Nov 15, 2010

OUTCOME: Reckless Driving instead of DUI; no conviction; no Driver's license suspension

Client was stopped for Careless Driving for rapidly accelerating from several traffic lights, making a sudden left turn in front of traffic and squealing tires. He smelled of alcohol, his speech was sl ... urred. He refused to perform field sobriety exercises, was arrested, and refused to provide a breath sample and a urine sample. We filed three motions to suppress (keep out of evidence) - a motion to suppress the refusal of the breath and urine samples because of insufficient probable cause to request them, a motion to suppress all evidence from the arrest for insufficient probable cause for the arrest, and a motion to suppress all evidence obtained from the unlawful stop of his vehicle. Just prior to a court hearing on these motions, the State reduced the charge to Reckless Driving. Defendant was not convicted of the Reckless Driving charge, was required to perform community service, pay a fine, and complete a one-night MADD class.

DUI and DWI

DUI reduced

Sep 29, 2010

OUTCOME: Reckless Driving instead of DUI; no suspension, just court costs

Client was stopped by an FHP trooper for doing 50 mph in a 35 mph zone in Jacksonville Beach. He smelled of alcohol, slurred speech, bloodshot, watery eyes and a flushed face, and was unsteady on his f ... eet. He admitted to drinking “three beers at Paco’s.” His BAC registered a .079/.079, just under the legal limit. The State insisted their expert would show he was above the .080 limit at the time he was driving. We were able to show evidence he would have been under the limit, but his admission to three beers was not good. The State reduced the charge to Reckless Driving. He was not convicted and ordered to pay $500 in court costs.

DUI and DWI

DUI Dropped

Aug 02, 2010

OUTCOME: ALL CHARGES DROPPED

Client was stopped by a law enforcement officer because he crossed the solid white line on the right of the outside lane of a four-lane highway, almost striking the curb, he over-corrected and crossed ... the dotted white lane divider lines. He smelled of alcohol, his eyes were bloodshot and watery and his speech was slurred. He was arrested for DUI and refused to give a breath sample. We challenged the stop of the vehicle arguing he committed no lane violation and there was no other reason to stop him. The court granted our motion to suppress all evidence obtained from the stop after hearing the officer testify and listening to our presentation of the law. No evidence would come in at trial, so the State, unwilling to appeal the ruling, dropped all charges.

Criminal defense

Drug Possession and Hit and Run charges Dropped

Jul 26, 2010

OUTCOME: ALL CHARGES DROPPED

Client's truck flipped over in the roadway, it was righted and driven home. Jacksonville Beach Police Department, investigating our client for Leaving the Scene of an Accident, came to client's home, a ... nd requested he come outside to discuss the truck accident. Once outside he was handcuffed and searched and some marijuana and a pipe were found on client. Police alleged the client then lied about the truck accident. We filed a motion to suppress all evidence obtained after an unlawful seizure of the client and an unlawful search of his person because there was no crime to investigate - leaving the scene of an accident requires damage to "another" person or property - there was only damage to our client's truck. The court agreed and suppressed all evidence. The State dropped the case.

DUI and DWI

DUI reduced; no conviction

Jul 23, 2010

OUTCOME: DUI reduced to Reckless Driving, no conviction, no license suspension

Client was stopped for speeding on Mayport Road near the Mayport Naval Air Station and was eventually arrested for DUI. We filed a motion to suppress all evidence alleging the stop for speeding was unc ... onstitutional. We argued the stopping officer could not reasonably estimate our client's speed while traveling in a different direction and looking over his shoulder. Just prior to the hearing on the motion, the State capitulated and reduced the charge to reckless driving and offered no conviction, no points, no license suspension, just payment of court costs.

Criminal defense

Not Guilty of Assault at Trial

Jul 22, 2010

OUTCOME: NOT GUILTY VERDICT

Client was accused of assaulting a neighbor while walking his dog by telling the dog to "sic 'em" when passing the alleged victim on a narrow sidewalk. Since the dog is a small fluffy shih-tzu named " ... Panda" who could never "sic" anything and the State wold not drop the case, we proceeded to trial. At trial we had the client command the dog to "sic 'em" and "Panda" just wagged his tail. The court ruled the alleged assailant, our client, never had the Aapparent ability to carry out the threat of "sic 'em" as required by law for an assault and found our client "Not Guilty."

Malcolm Anthony's Legal Cases (27)

DUI with Crash reduced; no conviction

DUI reduced; no conviction

Foreign Student College Career Saved

DUI Dropped

DUI reduced; no conviction

DUI reduced

DUI Dropped

Drug Possession and Hit and Run charges Dropped

DUI reduced; no conviction

Not Guilty of Assault at Trial