Attorney Malcolm Anthony's Legal Cases

DUI and DWI

At Trial; DUI reduced; no conviction; no suspension

Jul 19, 2010

OUTCOME: NO CONVICTION ON RECKLESS DRIVING INSTEAD OF DUI; NO DRIVER'S LICENSE SUSPENSION

Client was stopped for running a stop sign, running his jeep over a curb and onto a grassy median at Baptist Medical Center. He refused to perform field sobriety exercises and requested a lawyer. He wa ... s arrested and refused to take a breath test. We prepared the case for trial. On the eve of trial, the state capitulated and reduced the charge to reckless driving. Our client needed his driver's license because he works in sales all over the state, so we negotiated a reckless driving disposition without a conviction and without a driver's license suspension.

DUI and DWI

DUI reduced

Jun 29, 2010

OUTCOME: 2nd DUI reduced to Reckless Driving

Client was stopped for speeding. She refused to perform the field sobriety tests and was arrested for DUI. We filed a motion to suppress the refusal of the field sobriety exercises because the client i ... mmediately asked the officer to perform them when he placed her in handcuffs. The officer refused to allow her to perform them. We argued, in a novel new theory by analogy, that since recantation of a breath test refusal vitiates the initial refusal and breath tests are mandatory by law, then recantation of a field sobriety test should also vitiate the initial refusal since field sobriety tests are voluntary and a refusal is only admissible to show “consciousness of guilt.” The court agreed and suppressed the refusal of the field sobriety exercises. The State, rather than appeal the novel ruling and possibly create bad case law for themselves offered to reduce the charge to reckless driving. Since it would have been a second DUI within five years of a first, client avoided a mandatory 10 day jail sentence and a mandatory five year driver’s license suspension.

DUI and DWI

DUI reduced; no conviction

May 28, 2010

OUTCOME: RECKLESS DRIVING INSTEAD OF DUI

* Got a DUI reduced to reckless driving St. Johns County, St. Augustine, Florida Nocatee, CR 210, Ponte Vedra, Driving Under the Influence (DUI) Client was stopped for speeding on - believe it ... or not - “Race Track Road,” and for a wide turn and almost striking a curb or median. He was told to perform roadside field sobriety exercises or tests. He failed, was arrested for DUI and refused a breath test. We filed a motion to suppress (to keep out of evidence) the observations of his performance on the field sobriety exercises and his breath test refusal alleging that the officer coerced the field sobriety exercises because he never informed the driver that he could refuse such roadside testing. In other words, the driver just submitted to the officer’s authority and was never told he did not have to take the roadside tests. The State, just before the hearing was to begin, amended the charge reducing the DUI charge to Reckless Driving and the client pled No Contest to Reckless Driving.

Criminal defense

Two Year Prison Sentence avoided; Case dropped; another Case reduced; No Conviction!

Apr 12, 2010

OUTCOME: DROPPED CASE; REDUCED CHARGE; NO CONVICTION

* Got a habitual traffic offender five year suspension removed from driving record. * Got a driving while license suspended charge dropped. * Got a felony driving while license suspended redu ... ced without a conviction. Felony Driving While License Suspended - Habitual Traffic Offender Client came to see us. He had a five year Habitual Traffic Offender (HTO) suspension on his license, four suspension for failing to pay fines or go to court, and three prior convictions for Driving While License Suspended and had just been arrested twice for Driving While License Suspended, one being a felony. The State was offering a felony conviction and two years in prison and a new five year suspension. Not a good situation. I successfully overturned two prior Driving While License Suspended convictions from 2005 and 2006. He paid his outstanding fines. This action removed the HTO five year license suspension from his driving record enabling him to obtain a driver's license. RESULT: the misdemeanor driving while license suspended was DROPPED. The felony driving while license suspended was dropped to a misdemeanor charge of no valid license (which won't suspend his license), the court WITHHELD ADJUDICATION OF GUILT (no conviction), no points were assessed, and client paid a fine.

DUI and DWI

DUI Dropped

Dec 28, 2009

OUTCOME: CASE DROPPED

* Got DUI dropped Clay County, Orange Park, Florida Driving Under the Influence (DUI) Client was involved in a car crash. Vehicle drove over a curb, struck a boat and a cable junction box. Whe ... n the Officer arrived at the scene he saw a black Jeep with a flat right front tire and a damaged front end in the middle of the road with several people standing nearby. During the traffic crash investigation, our client admitted to driving. A second officer arrived overheard our client admit to driving the vehicle. The officer later began his DUI investigation by advising the admitted driver (our client) of her Miranda warnings. Our client performed field sobriety exercises and was arrested for DUI. I filed a Motion in Limine to Suppress Statements of Defendant Prior to Proof of Corpus Delicti and/or Protected by the Accident Report Privilege, basically requesting the court keep all evidence of her admissions of driving out of evidence because after Miranda warnings, the driver was never asked nor did she admit to driving the vehicle, and prior to Miranda warnings she was obligated to tell what happened by law but any statements made during an accident investigation and before Miranda are privileged, i.e., can't be used against you, because they are coerced by law. A hearing was held and the court GRANTED the motion. No evidence of her admissions of driving could be used in court against her. RESULT: CASE DROPPED

DUI and DWI

DUI Not Guilty Jury Verdict; Lifetime License Revocation Avoided

Dec 03, 2009

OUTCOME: NOT GUILTY JURY TRIAL VERDICT ON A FOURTH DUI

Client was arrested for DUI in Jacksonville Beach when stopped for weaving in the roadway. Client was facing a LIFETIME DRIVER’S LICENSE REVOCATION. After a two day jury trial, the jury took less than ... two hours to return a NOT GUILTY verdict. RESULT: NOT GUILTY

Criminal defense

Five Year Suspension Removed; Five Suspended License Cases with No Conviction; New Case Dismissed

May 28, 2009

OUTCOME: CASE DROPPED

* Got no convictions on five charges of driving while license suspended. * Got a habitual traffic offender five year suspension removed from driving record. * Got an arrest warrant on a crimi ... nal driving while license suspended charge recalled and case dismissed. Multiple Driver's License Suspensions Driving While License Suspended - Habitual Traffic Offender - Outstanding Warrant Driving While License Suspended Client came to see us with numerous driver's license suspensions including a five year Habitual Traffic Offender suspension and an outstanding warrant for Driving While License Suspended. We got court dates on five Driving While License Suspended charges which were causing the suspensions (2005 TR 095474, 2004 TR 162493, 2004 TR 162933, 2004 TR 050114, 2001 TR 058512).We secured no convictions on those charges. This removed the five year habitual traffic offender suspension and allowed the client to get a driver's license. We then got the warrant recalled on the criminal Driving While License Suspended charge and went to court and got the case dismissed. In other words, we solved the underlying problem of the suspensions to get a driver's license instead of just handling the client's pending criminal charge. RESULT: CASE DROPPED

Malcolm Anthony's Legal Cases (27)

At Trial; DUI reduced; no conviction; no suspension

DUI reduced

DUI reduced; no conviction

Two Year Prison Sentence avoided; Case dropped; another Case reduced; No Conviction!

DUI Dropped

DUI Not Guilty Jury Verdict; Lifetime License Revocation Avoided

Five Year Suspension Removed; Five Suspended License Cases with No Conviction; New Case Dismissed