DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
In the middle of the trial, the judge granted out motion for Judgment of Acquittal, dismissing the charges without the attorneys even making their closing statements. In fact, after the trail many members of the jury waiting for us and Jose to say how sorry they were that Jose went through that and to ask how to get that Trooper fired
Jose was not drunk during the time of the incident, and wanted to prove that he was sick instead. Jose was worried about going to jail for something he did not do, and did not want to be abused by the Trooper.
Jose S. was driving to get KFC one night when he made a wide left turn onto Andrews Avenue. He began to speed down the street, and then made a right turn onto Sunrise Boulevard in Fort Lauderdale. A Florida Highway Patrol Trooper pulled Jose over, so he pulled into a gas station so that he could get off of the road. The Trooper asked Jose if he had anything to drink, in which he said he had nothing. Jose got out of the car and complied with the Trooper, answering all of his questions. Jose agreed to complete the standard field sobriety tests, telling the Trooper that he sprained his knee two weeks ago. Jose completed the horizontal gaze nystagmus, walk and turn, and one leg stand, complaining about his knee the entire time. Jose also completed the exercises in the rain, as there was no place to find cover. Jose was arrested by the Trooper for Driving Under the Influence, and had to sit in his patrol car for an hour while waiting for the Trooper to be ready to leave. During this time Jose became extremely ill, and told the Trooper that he felt sick. The Trooper took Jose to the county jail, in which he threw up before he could even go inside. Jose was taken to the hospital until he was medically cleared, and finally transported back to the jail.
We wanted to prove that Jose did not do anything wrong, and that the Trooper abused his power while arresting Jose. We reviewed the video of the arrest, which shows Jose ill and telling the Trooper that he did not feel well. We also took a deposition, or an interview under oath, of the Trooper, in each he contradicted himself multiple times. He said that it was not raining and that Jose wanted to speak in Spanish, which were both untrue. Jose decided that he wanted to take the case to trial, as he should not have been arrested in the first place. At trial we emphasized how the Trooper works for the Florida Highway Patrol, so arresting Jose on a local street meant that he was not doing his job of protecting the highways. We also used the fact that Jose never took a breath test during the DUI investigation incident, but the Trooper attached one to the case. The test was actually from a completely different investigation, proving that the Trooper was unorganized and desperate for an arrest.
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Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.
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