DUI, Charges dropped

December 9th, 2013 | Posted in Case Results

Orange County Criminal Court

Charge: DUI, DUI with property damage, and Leaving the Scene of an Accident

Summary: Client was accused of crashing into another car and leaving the scene. The Officer located the vehicle allegedly driven by the Client, in a nearby parking lot, with matching damage. The client was found by police in a nearby hospital. Officer noted odor of alcohol and blood shot eyes. The Officer obtained a search warrant and obtained the client’s medical records, showing his blood alcohol being over the legal limit.

Result: Client entered a no contest plea to Reckless Driving only. All original charges dropped.

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Charged with DUI, Found Not Guilty

November 18th, 2013 | Posted in Case Results

Orange County Criminal Court

Charge: DUI

Summary: Client stopped by Police Officer who claims “overwhelming” odor of alcohol, red, glassy eyes, confused mental state, swaying and slurring all were exhibited by client. Client admitted to coming from a bar and having two larger than normal shots of Jack Daniels. Client allegedly failed the field sobriety exercises, stating she was going to fall over at one point. Client submitted to a breath test with a .17 result.  However, the breath test result was not admitted as evidence at trial.

Result: Jury found the client NOT GUILTY.

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Running Stop Sign, Case Dismissed

November 12th, 2013 | Posted in Case Results

Orange County Traffic Court

Charges: Stop Sign Violation with Crash

Summary: Client accused of running a Stop Sign and causing car crash with property damage

Result: Case Dismissed

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Injunction for Protection Against Stalking, Dismissed

November 12th, 2013 | Posted in Case Results

Orange County Criminal Court

Summary: Client was served with an Injunction for Protection Against Stalking that was temporarily granted by the judge and set for hearing.

Result: After hearing both sides, the judge dismissed the injunction.

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DUI: Driving Under the Influence Case Dropped

October 21st, 2013 | Posted in Case Results

Seminole County Criminal Court

Charge: DUI

Summary: Client was stopped for speeding and driving erratically. Officer’s claimed that client failed field sobriety exercises and that client admitted client was too drunk to drive. Client allegedly refused a breath test.

Result: After winning back our client’s driver’s license at a formal review hearing, we took the case to trial. On the day of trial, the prosecutor offered a Reckless Driving and agreed to withhold adjudication (no conviction/no points). The DUI was dropped.

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Possession of Controlled Substance (Cannabis)

October 9th, 2013 | Posted in Case Results

Seminole County Criminal Court

Charges: Possession of Controlled Substance (Cannabis), Possession of Paraphernalia

Summary: Client was a passenger in a car. An Officer confronted the occupants and said there was an odor of cannabis. The Officer conducted a search and found drugs and paraphernalia. The client allegedly admitted to knowledge and ownership of some cannabis and a pipe. The client was arrested and charged.

Result: Longwell Lawyers filed pre-trial Motions challenging the search and seizure, as well as the alleged statements made by the client. At the hearing, the State agreed to a small fine with no jail or probation, no counseling, no community service and no driver license suspension.

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Florida Ban on Texting While Driving Law

September 30th, 2013 | Posted in In The News

As of October 1, 2013, it will be illegal to text while driving in the State of Florida. This year the Governor signed the “Florida Ban on Texting While Driving Law.” According to the statute, “a person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device.” A person may also not operate a motor vehicle while sending or reading data on such a device for the purpose of non-voice communication, including communication such as texting, e-mailing, and instant messaging. A first offense, will be a nonmoving violation with a fine of $30 dollars .

If you’re ticketed a second time for the same offense within five years of the prior incident, the penalty will be a moving violation punishable by a $60 dollar fine. Furthermore, if you’re involved in an accident, law enforcement can subpoena your phone records and six points will be added to your driver’s license if you are found guilty.

The law makes texting and driving a secondary offense which means you cannot be pulled over for violating this law. The officer has to pull you over for something else other than texting. A violation of this law for the first time will cost you thirty dollars.

To Read Senate Bill 52, click here.

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Battery Case; Dismissed

September 24th, 2013 | Posted in Case Results

Duval County Criminal Court

Charge: Battery

Summary: Client tried to get a concealed weapons permit and discovered that there was an arrest warrant outstanding out of Duval County for an incident in 2007.

Result: We filed a Motion to Dismiss. The case was dismissed and the warrant withdrawn without our client ever having to get arrested on the warrant.

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DUI: Driving Under the Influence Charge Dropped

September 24th, 2013 | Posted in Case Results

Orange County Criminal Court

Charge: DUI

Summary: Client was stopped for passing the Officer at a high rate of speed. The Officer claimed the client admitted to drinking and that the client had several signs of impairment. After performing field sobriety exercises, the client was arrested and refused to take a breath test. The client had a prior DUI conviction for an offense in which we did not represent the client.

Result: Client accepted a plea bargain to Reckless Driving. The DUI charge was dropped.

Aggravated Battery with a Deadly Weapon

September 23rd, 2013 | Posted in Case Results

Lake County Circuit Criminal Felony Court

Charge: Aggravated Battery with a Deadly Weapon

Summary of case: Client was accused of a road rage incident The alleged victim and several independent witnesses claimed client appeared to intentionally drive aggressively on the shoulder to get next to the victim’s vehicle and then swerve into the victim’s vehicle, causing a crash. Client had a history of criminal charges involving assault and battery. While out on bond, client was arrested for Battery Domestic Violence for a separate case in another county. Client faced a minimum guideline sentence of 27 months in prison up to 15 years in prison.

Result: Despite the facts, history and sentencing requirements, we were able to resolve the case with a plea bargain that only requires the client to be on 1 ½ to 3 years on probation, having served less than 30 days jail in the process.

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