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.
We were able to reduce Terry’s case to a reckless driving charge. Instead of facing the tough penalties of a DUI charge and a suspended license, he only had to serve a minimal amount of time on probation. In addition, should Terry get arrested for another DUI in the future, it would count as his first DUI as opposed to his second. Terry also received a promotion at his job since the outcome of his DUI case in Margate and does not have to worry about the charge affecting his job security.
Terry was arrested for drunk driving. Terry was worried he would lose his license, face severe probation time, take remedial driving courses, and potentially have jail time. Terry was afraid he might either lose his job or not be able to drive to work. Luckily, Terry was not found guilty of Driving Under the Influence and we were able to keep the consequences to a minimum.
Terry had gone to other law firms for help, but his previous attorneys told him he should plead guilty as charged because he blew two times over the legal limit on the breathalyzer test. Terry thought he was innocent, so he came to us after firing his previous legal counsel.
During our review of his case, we learned that the police claimed they had probable cause to pull Terry over for two reasons. The first being he took a left turn and drove over the solid white line. Upon further research, we found that this action was not illegal in the state of Florida.
The second issue was with the tinting on his car. The officers had told him that the tinting on his car was illegal, but upon further investigation with an expert witness, we proved that Terry’s tints were within the legal limit.
After discovering two of the faults in their charges, we were able to build a defense for Terry’s case. We decided to attack the police’s claim of probable cause to pull over Terry in the first place. This approach would prove that the police made an illegal arrest and any evidence they found against him would not be admissible in court.
Since the arrest happened in Margate where police officers aren’t required to wear body cams, there was no evidence that the officers actually performed a tint test. When our expert witness performed a tint test on Terry’s car, the witness found that his tints were completely legal.
The next step we took was to take an offensive approach to the case. We filed a motion to suppress under the grounds that the police performed an illegal arrest based on the faults in their investigation. A motion to suppress means is a request for the court to disregard evidence collected in an investigation because the police violated one of the client’s 4th, 5th, or 6th amendment rights. We said the police violated Terry’s 4th amendment rights against an illegal search or seizure.
After this, the prosecutors had to defend against the motion we filed. The prosecutors, thinking they would get an easy win due to Terry blowing over twice the legal limit, had to rethink their strategy. They began to negotiate with us in order to come up with a plea deal and before we even went before a judge, we came to an agreement and got the charges heavily reduced.
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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.
Rossen Law Firm