Florida DUI Attorney DWI Drunk Driving Miami Dade Palm Beach
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Florida DUI Attorney, DWI, Drunk Driving, Miami, Dade, Palm Beach, Tampa
Put our team of DUI defense attorneys in gear
by contacting us today!
Richard Essen - Florida DUI Attorney
If you have a drunk driving DUI case in South Florida, including the
areas of Palm Beach County, Miami Dade County, Broward County, Palm
Beach, Fort Lauderdale or the Keys, contact us right now to find out
what your chances are of prevailing in your case. After all, the decision
to fight or plead guilty could affect the rest of your life.
Practicing primarily in South Florida including the areas of Palm Beach
County, Miami Dade County, Broward County, Tampa, and Fort
Lauderdale, but also available to defend drunk driving cases in Tampa,
Tallahassee, Orlando, Naples, Fort Myers, and throughout Florida and
other parts of the nation. We are a DUI - DWI law firm committed to a
philosophy of vigorously defending your DUI - DWI Florida drunk driving
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Florida DUI Attorney, DWI, Drunk Driving, Miami, Dade, Palm Beach, Tampa
case. Established over 55 years, our objective is to concentrate on the
defense of criminal related traffic offenses. We've developed a
reputation that speaks of our success and drives us to continue. We are
the premier Florida DUI Attorney.
A law firm is nothing but its attorneys. See the credentials of the South
Florida DUI law firm that has been concentrating on drunk driving,
DUI and DUI related crimes for longer then any other Florida firm as well
as our result driven practice. We promise that we'll do everything we
can, within the bounds of legal ethics, to prevail in your DUI - DWI
(driving under the influence / driving while intoxicated / drunk driving)
case.
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Florida DUI Lawyer Credentials - Essen, Essen, Susaneck & Cohen, P.A. Attorneys at Law - DUI Defense - Florida DUI Lawyer - DUI
Our Team
Richard J. Essen
Fredrick R. Susaneck
Michael A. Cohen
George Charnota
Belayne Guerrero
Jose I. Concepcion
Richard Essen
E-mail: ressen
Richard Essen is a graduate of the University of Miami and its Law
School. He was admitted to the Florida Bar in 1963 and has since
been admitted to practice in the District of Columbia and New York.
He is also admitted to practice before the United States Supreme
Court, the Second, Eleventh, and District of Columbia Courts of
Appeals and the U.S. District Court for the Southern District of Florida.
He has lectured extensively before various Bar associations, law
schools and criminal defense lawyers' associations.
Mr. Essen is the author and subject of a video program, "The Defense
of Drunk Driving Cases: An... Approach". He authored "Defense of
Drunk Driving Practice Guide".
Mr. Essen has written a bi-monthly column, "Essen's Notebook," for
the DWI Journal since 1987, and is also on the Editorial Board of that
national publication. He is the author of "Cross-Examination of the
Arresting Officer in Drunk Driving Cases," in Cross-Examination: The
Litigator's Puzzle, Shepard's/McGraw-Hill, 1990 (Aron, Duffy, and
Rosner, eds.); DUI and Other Traffic Offenses, Chapter 6, Florida Bar
CLE Committee, ed.; "Double Jeopardy:...," Vol.10, No.7 DWI Journal,
July 1995; "Jury Selection Techniques" (co-author), Vol.9, No.8 DWI
Journal, August 1994; "Challenging Low Sample Volume Results on
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Florida DUI Lawyer Credentials - Essen, Essen, Susaneck & Cohen, P.A. Attorneys at Law - DUI Defense - Florida DUI Lawyer - DUI
the Intoxilyzer 5000" (co-author), Vol.9, No.4 DWI Journal, April
1994; "Cross-Examining the Arresting Officer: Model Questions
Regarding Defendant's Driving Pattern" (co-author), Vol.9, No.2 DWI
Journal, February 1994: "Initial Case Analysis" (co-author), Vol.8,
No.12 DWI Journal, December 1993; "The Confrontation Clause and
the Absent Officer (co-author), Vol.8, No.10 DWI Journal, October
1993; "Double Jeopardy: Deja Vu All Over Again?" (co-author), Vol.8,
No.2 DWI Journal, February 1993; "Ain't That A Shame?" Vol.9, No.10
DWI Journal, October 1994; "Investigation-A Little Used Tool" (co-
author), Vol.7, No.10 DWI Journal, October 1992; "Obtaining Post-
Conviction Relief On Grounds That Counsel Was Ineffective" (co-
author), Vol.7, No.7 DWI Journal, July 1992, "Grounds for Withdrawal
of Plea After Group Advisory of Rights" (co-author), Vol.7, No.5 DWI
Journal, May 1992, "The Little Engine That Couldn't (A Saga of DWI
Cases Involving Non-Moving Vehicles)" (co-author), Vol.7, No.3 DWI
Journal, March 1992; "Constitutional Speedy Trial" (co-author), Vol.7,
No. 1 DWI Journal, January 1992; "Extra-Jurisdictional Arrests by
Police Officers," Vol.6, No.11 DWI Journal, November 1991; "Florida
Courts May Leave You Breathless" (co-author), Vol.6, No.9 DWI
Journal, September 1991; "A Road Map of the Terra Incognita of
Appellate Practice" (co-author), Vol.6, No.7 DWI Journal, July 1991;
"The Corpus Delicti Rule: An Old Doctrine May Still Save Your
Client" (co-author), Vol.6, No.5 DWI Journal, May 1991; "Challenging
Florida's New Summary Suspension Statute: A Progress Report" (co-
author), Vol.6, No.3 DWI Journal, March 1991; "A Modest Proposal to
Redefine DUI," Vol.5, No.11 DWI Journal, November 1990; "May the
Jury Make Its Own Law? 'Jury Nullification' and the Sympathetic
Defendant" (co-author), Vol.5, No.9 DWI Journal, September 1990;
"DWI Priors and Your Client's Credibility:..." (co-author), Vol.5, No.7
DWI Journal, July 1990; "When Can You Comment On Your
Opponent's Failure to Call a Witness" (co-author), Vol.5 No.3 DWI
Journal, March 1990; "Roadside Sobriety Tests: Both Scientific and
Unreliable" (co-author), Vol.4, No.11 DWI Journal, November 1989:
"Challenging the Constitutionality of Open Container Laws," Vol.4,
No.7 DWI Journal, July 1989; "Human Factors Engineering:..." Vol.4,
No.5 DWI Journal, May 1989; "Duress and Necessity as Defenses in
DWI Cases," Vol.4, No.3 DWI Journal, March 1989; "DWI is Illegal,
Sometimes!" Vol.4, No.1 DWI Journal, January 1989; "A Vehicle by
Any Other Name: A Constitutional Attack Upon DWI Statutes," Vol.3,
No.11 DWI Journal, November 1988; "Involuntary Intoxication: A
Viable DUI Defense?" Vol.3. No.9 DWI Journal, September 1988;
"When Per Se Statutes Creates Mandatory Rebuttable Presumptions:
The Defense Response," Vol.3, No.6 DWI Journal, June 1988; "The
Defendant's Right to Independent Blood Testing: A Right Without a
Remedy?" Vol.3, No.4 DWI Journal, April 1988;" Suppressing
Videotape Evidence on Fifth Amendment Grounds," Vol.3, No.2 DWI
Journal, February 1988; "Using Weights and Measures Standards..."
Vol.2, No.12 DWI Journal, December 1987; "DWI Penalties: An
Appeal to Reason," Vol.2, No.8 DWI Journal, August 1987; "Cross-
Examining the Arresting Police Officer: Pattern Questions Eliciting
Alternative Reasonable Explanations," Vol.2, No.6 DWI Journal, June
1987; "Cross-Examining the Arresting Police Officer: Based Upon the
Police Report," Vol.2, No.10 DWI Journal, October 1987; "Blunting the
Public Hostility Against Drunk Drivers and Their Attorneys," Vol.2,
No.4 DWI Journal, April 1987. Mr. Essen also authored the following
article which questions the reliability of breath test results: "Why The
Intoxilyzer Isn't Worth a 'Blank' II: Cross-Examination Of The State's
Expert," Vol.11, No.7 DWI Journal, July 1996.
Mr. Essen has served as an Assistant State Attorney in Dade County,
Florida and now, in addition to his own practice, teaches DUI defense
tactics and techniques to thousands of attorneys throughout the
country. A Regent for the National College for DUI Defense Inc., Mr.
Essen has been lead counsel in at least 1,000 non-jury trials and 100
jury trials.
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Drunk Driving, Essen, Susaneck, Cohen, DUI Defense, Florida DUI Lawyer
Drink Driving DUI Defense
Meet the DUI attorney firm who has been defending DUI/DWI cases
since 1949, experience, has been working on drunk driving cases and
who has become known to comprise a highly accredited & recognized
DUI law firm in Florida and the nation.
The firm has been consecutively honored by Martindale-Hubbell Bar
Register of Preeminent Lawyers, every year since 1999 for their
profesional legal standards and ethics as well as having recieved their
AV rating (the highest rating in the Martindale-Hubbell Law Directory).
They are also listed as one of the Leading American Attorneys in the
Area of Criminal Defense Law in the Florida Leading American Attorneys
and named as one of South Florida's Top Law Firms by the South
Florida Legal Guide every year since it inception in 2001 and super
lawyer since its inception.
TV SHOWS
Richard Essen has been a featured guest on approximately 65 major
nationally televised shows including 60 Minutes, Donahue, Oprah, Good
Morning America, Geraldo, Larry King Live, Court T.V., Joan Rivers,
NcNeil-Lehr, The Today Show, Cross Fire, Morton Downey, Jr., Maury
Povich, The Regis and Kathy Lee Show, Rolanda, The Johnny Cochrane
Show, Montel and Al Rantel. He's also been on the 6 o'clock News for
Channels 2, 4, 6, 7 and 10 (among others) in South Florida.
RADIO SHOWS
In addition to his extensive print and television exposure, Richard Essen
has been interviewed on a multitude of local and national radio talk
shows. He continues to share his vast knowledge and experience with
the listeners from all over the country.
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DUI Cases - Essen, Essen, Susaneck & Cohen, P.A. Attorneys at Law - DUI Defense - Florida DUI Lawyer - DUI
DUI Case Results
Last updated on: Jun 15, 2007
q Case No: 06-010233MM10A
Defendant was observed driving without head lights. Officer claimed
driver showed “usual” signs of impairment. Defendant admitted to
drinking, but refused to take the breath test.
Jury found defendant “Not Guilty”.
q Case No: 06-015662MM10A
Defendant stopped by police after he fell off his motorcycle and was
trying to lift it. Police were called to the scene by witnesses, they
observed all the signs of impairment and suggested sobriety tests
which the defendant refused. He admitted to drinking and taking
Xanax on the night of the arrest.
After several motions were filed attacking the illegal stop, the State
dismissed DUI charges.
q Case No: 04-14976MM10A
Defendant was arrested for weaving, speeding and allegedly cutting
off other vehicles. Officers noted bloodshot eyes, flushed face and a
distinct odor of an alcoholic beverage. Defendant failed roadside tests
and when arrested blew a .142/.130 on the breath test
After many motions were filed and the breath test (which we won on
appeal) was suppressed due to tap water used for machine testing,
the State dropped the DUI charge.
q Case No: 06-52363MMAES
Client was attending bike week in Daytona, when he was assaulted by
several other bikers and severely beaten. He escaped from his assault
on his motorcycle, only to be stopped by the police for speeding.
Covered with blood, a broken nose, head injuries and being covered
with alcohol from the drinks thrown on him by his attackers, he was
asked to do a field sobriety test and take a breath test in his condition.
Unable to do the tests because of his medical condition, he was
arrested, thrown in jail for eight hours and charged with D.U.I.
After a two-day jury trial, the jury returned a verdict within minutes of
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DUI Cases - Essen, Essen, Susaneck & Cohen, P.A. Attorneys at Law - DUI Defense - Florida DUI Lawyer - DUI
not guilty.
q Case No: 508949-X;1412;13-DVJ
Defendant driving on rims, did not stop on demand and later resisted
arrest. Officers further alleged driver showed usual symptoms of
intoxication and refused both roadside sobriety and breath test.
After numerous motions were filed by the defense the case was
dismissed.
q Case No: 05-015742MM10A
Defendant was warned by a police officer in a bar, not to drive do to
his condition. Nevertheless; he did drive away, without his headlights
on. Police made "usual" observations, pointing out that among other
things the defendant failed the horizontal gaze nystagmus test.
After multiple motions to suppress were granted, state nolle processed
(voluntarily dismissed) the case.
q Case No: 05-011209MM10A
Defendant passed police officer driving 100 mph swerving his vehicle.
He slammed into a barricade and smashed his windshield. He had an
odor of alcoholic beverages and appeared impaired. He failed the field
sobriety test administered and blew .163 and .168 on his breath test,
he admitted to drinking six beers.
Several motions were granted to the defense; the DUI charge was
dismissed and client received a “withheld” adjudication to reckless
driving (no conviction, no points).
q Case No: 05-018540MM10A
Defendant was observed passing a DUI task force officer driving 100
mph, swerving, drifting and weaving his vehicle. When stopped he
demonstrated all signs of intoxication: blood shot eyes, slurred speech
and the smelled of alcoholic beverages. Defendant began to perform
the field sobriety exercises but refused to complete them or take a
breath test and he admitted to drinking alcoholic beverages.
After several motions were filed a jury trial began. The Jury returned
with a “Not Guilty” verdict in less than five minutes for the DUI
charge. The reckless driving charge was thrown out by the court for
lack of evidence.
q Case No: 489948X;2951EGC;7349EFX
The Defendant was arrested for speeding and weaving through traffic.
Police observed odor of alcohol, bloodshot/watery eyes, flushed face,
slurred speech and lack of balance.(We call these the “usual”
symptoms of impairment since police memorize them). He admitted
having a few beers, blew a .109/.095 and failed the roadside sobriety
tests administered.
Case went to trial and the Jury found the defendant Not Guilty.
q Case No: 047967-W;6551;52;53;54;55-CRA
Defendant was charged with reckless driving, DUI and fleeing. Police
officers believed he switched seats with passenger just before he
finally stopped. Police claimed they noticed all usual signs of
impairment. Defendant refused the roadside sobriety and breath
testing.
After filing many motions, State dropped all charges.
q Case No: 489912-X;0897-EHT
Defendant allegedly hit a vehicle in one city and continued driving.
The police pursued defendant who was stopped at the next city. Police
officers administered the roadside sobriety test which the defendant
failed. After being arrested, he blew a .176/.166 on the breath test.
Defense filed several motions to suppress both the illegal stop and any
statements made by defendant. Case was dismissed.
q Case No: 575723-X;9685;86-DOM
Defendant stopped for swerving and traveling 20 MPH over the speed
limit, allegedly almost striking another vehicle. Police officers claimed
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DUI Cases - Essen, Essen, Susaneck & Cohen, P.A. Attorneys at Law - DUI Defense - Florida DUI Lawyer - DUI
observing every possible sign of intoxication. After failing all roadside
sobriety tests administered, defendant blew a .208/.214 on the breath
test.
Motions attacked roadside observations and the breath test. State
dropped the case.
q Case No: 286017X;9105;06-EIR
Police officers swore the defendant was driving the wrong way on a
downtown one-way street. Upon being stopped, officer claimed
defendant had all “usual” indications of impairment. Defendant
admitted to drinking, failed the roadside sobriety test administered
and after being arrested blew a .129/.134 on the breath test.
Motions attacked the lack of proper one-way sign posting and an
improper reading of the defendants rights. DUI Charge was dismissed.
q Case No: 388995-W;8036-EEV
Defendant arrested for DUI after being stopped for a ignoring traffic
sign. He showed “Usual” signs of impairment and failed the roadside
sobriety test exercises. Defendants breath test was .079/.077 both
below the legal limit (between .05 and .08 there is no presumption of
sobriety or impairment).
After many motions were filed and one appeal, charge was dismissed.
q Case No: 07-000093T
The client was driving her car in a normal fashion, committed no
traffic violation other than driving at night on a well-lit road without
headlights. She was stopped by a city police officer and written a
warning for driving without her headlights. Upon completion of the
warning, the officer requested the defendant to get out of the car. He
did not indicate prior to that any suspicion of the client driving under
the influence. He arrested her for DUI.
The State refused to drop the charges and the case went to trial.
During the trial we questioned the breath machine operator and got
him to admit he did not see any signs of impairment the night the
client was arrested. The trial proceeded despite this testimony and
during closing arguments, the State made several improper
statements and the court granted a mistrial. When the State
attempted to try the client again, we filed a motion for dismissal as a
result of the improper statements made by the State and for Double
Jeopardy. The judge dismissed the case on the grounds of Double
Jeopardy.
q Case No: 06-TC-006567-A08
Our client was observed driving erratically and going 5 m.p.h. through
the intersection when he had a green light. The officer observed him
making erratic lane changes, being all over the road and driving up
onto the curb. He was asked to do field sobriety test and did poorly
according to the arresting officer. He was arrested, the officer found
an open cold beer in his car. He took a breath test and blew over the
legal limit.
Defendant was found not guilty at trial.
q Case No: 573218X; 3884EUV
Defendant stopped for running a red light and forcing other vehicles to
take evasive actions to avoid a collision. Defendant admitted to having
two beers, failed all roadside tests and blew .15/.16 on breath test.
After various motions were filed on the clients defense all charges
were dropped.
q Case No: 4731-ETY; 3219-DOT
Defendant was charged with leaving the scene of an accident. Defense
filed motions to dismiss case for lack of evidence.
Motions were granted and case was dismissed.
q Case No: 359942-X; 6440-EPJ
Defendant was stopped by police officials for swerving her vehicle
while driving. Defendant allegedly almost ran into a parked police unit
when pulling over. Law enforcement officers noticed the usual signs of
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impairment, slurred speech, bloodshot eyes, flushed face and what
officers described as the smell of vomit. Defendant admitted to having
several vodka drinks the night of the arrest and blew a .14/.15 percent
on the breath test and failed all of the roadside sobriety tests
administered.
After several motions filed by the defense the State was unable to
proceed to trial.
q Case No: 2005MM1018A
Defendant was stopped for weaving thru traffic lanes affecting other
vehicles driving the same direction. Defendant admitted to drinking
and blew a .22/.24 percent on the breath test. Defendant appeared
disoriented and could not do the physical test. He failed all roadside
sobriety tests administered.
The DUI charge was dropped after motions to suppress the breath
machine results were granted.
q Case No: 05-24126MMA08
Our client was observed by the United States Coast Guard operating
his boat at high speed, at full plane, in a no wake zone. The boat was
stopped by the Coast Guard. The Coast Guard Officer said he believed
that our client was impaired and smelled of strong alcohol odor. He
did not do well on the physical sobriety tests. The client was detained
by the Coast Guard, had his boat driven to shore and turned over to
the Sheriff’s Office for a DUI investigation. The client was asked again
to do a physical sobriety tests but refused. He was arrested and asked
to take a breath test and blew .15 and .14.
The client went to trial and jury returned a verdict of not guilty in 8
minutes.
q Case No: 05-030575TCA04
Our client was allegedly seen by two independent witnesses to be
operating his car recklessly and failing to negotiate a turn and
smashing his car, with him and his three passengers in to a palm tree.
When police arrived at the scene, all four occupants were seen
attempting to push the car off the palm tree. Our client was allegedly
injured in the accident leaving blood stains on the driver door and
admitting to the police that he was in an accident. He was taken to
the Sheriff’s Office where he gave a breath sample of .20 and .21.
The case went to jury and after approximately ten minutes of
deliberation the jury reached a verdict of not guilty.
q Case No: 06-CT002917AXXMB
Our client was driving in what the arresting officer described as a
reckless manner; driving at a speed which impeded other traffic.
When the officer turned on his blue lights, the client took an unusual
length of time to stop. She was asked for her license and failed to
retrieve it until the third request. Because of what the officer
described as the odor of alcohol, our client was asked to do field
sobriety tests. She did poorly on the first test and refused the others.
She was arrested and refused the breath test.
After thorough investigation and preparation for trial by the law firm,
we rejected of a reckless driving plea, the State dropped the charges
rather than go to trial.
q Case No: 04-031452TCA04
The client in this case was accused of peeling out from a traffic light
and driving in a reckless manner, consistent with someone who was
impaired. The driver was stopped by law enforcement and was asked
to do physical sobriety tests. He refused and for that was arrested. He
also refused a breath test.
This case went to trial and after our cross examination of the arresting
police officer, the state dropped the DUI case and all the other
charges in the middle of trial.
q Case No: 05-006250MM10A
Our client was pulled over on suspicions of assault with a firearm
toward a man. The officers came on the scene following an
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anonymous tip against our client. While the assault claims were
unsubstantiated, officers claim they noticed the client had an odor of
alcohol, slurred speech and bloodshot eyes, he was also swaying and
staggering. The client was given field sobriety tests which he failed
and was then arrested.
The court heard our motion to suppress do to the validity of the arrest
and motion was granted by the Judge despite officer’s testimony. All
observations and evidence against the client were thrown out.
q Case No: CTK040002871A
Defendant who was driving 75 MPH on a 55 MPH zone, was observed
swerving his vehicle across the roadway, almost crashing into a
bridge. When the police officers proceeded to turn on their lights and
sirens, the defendant did not pull over immediately, driving instead for
two additional miles . When approached by officials, defendant
allegedly had a strong odor of an alcoholic beverage emitting from his
mouth. Officials administered roadside sobriety tests which were all
failed by the defendant. Defendant also blew a .192 and a .186 on the
breath test.
After several motions to suppress the breath test were granted, the
State offered a charge of “reckless driving” which the defendant
insisted on accepting.
q Case No: 06-009236MM10A
While Coast Guard officers did a routine safety check on board our
clients boat an officer said he smelled alcohol on him. The officers
took control of the boat and drove it to shore where our client was
asked to take field sobriety tests and was arrested for Felony BUI
because of his two prior DUI conviction.
Defense filed motion to suppress all evidence obtained after the Coast
Guard Safety check, argued that the smell of alcohol alone was not
sufficient. Circuit Court Judge John Murphy granted the motion.
q Case No: Z04-010378MMA
The driver was found passed out in the drive-through of a Steak-n-
Shake. He smelled of alcohol and was blocking traffic and still in
control of the vehicle by being behind the wheel. He was asked to do
a sobriety test, which the police described as being done poorly, with
slurred speech and bloodshot eyes. He was asked to take the breath
test, recording .154.
The court, upon our motion, suppressed all the evidence for an illegal
arrest. The state appealed the suppression and the appellate court
confirmed that the arrest was illegal. The state dropped all charges
including the DUI.
q Case No: 086155-J; 7628-DGG
Defendant was stopped for speeding and running a red light. The law
enforcement officer made all the usual observations of impairment
slurred speech, blood shot eyes and the smell of alcoholic beverage on
the breath. The defendant admitted to drinking, failed all roadside
sobriety tests and blew a .11 on the breath test.
After numerous defense motions were entered the case was
dismissed.
q Case No: 297334X; 9802-EEL
Defendant was driving on the wrong side of a two lane street. The
defendant had blood shot red eyes, slurred speech and was terribly
out of balance. Defendant admitted to drinking and blew a .20/.21 on
the breath test. Defendant did not perform the roadside sobriety tests
After defense filed several motions on defendants behave. The case
was dismissed.
q Case No: 376661W; 7248; 49-DNP
Defendant was charged with DUI after crashing her vehicle thru two
concrete barriers. The defendant showed signs of impairment at the
time of his arrest. She failed all roadside sobriety tests administered
and refused to take a breath analysis test.
After several motions were filed by the defense, criminal charges were
dropped.
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q Case No: 5371DNY
Defendant was driving and came upon a sobriety checkpoint were he
was detained for appearing impaired. Police officers administered
roadside sobriety test which the defendant allegedly failed. Defendant
was also given breath and urine test, he blew .51 /.52. percent on the
breath test.
Prosecution was unable produce supporting evidence. The defense
won the case.
q Case No: 468469-W; 7297; 98-DNB
Defendant was passed out behind the wheel of his vehicle in the
middle of the road way. The defendant was awakened after several
attempts. He was unable to stand straight and fell on the ground while
taking the roadside sobriety tests which he failed. He blew a .13
percent when he was tested with the machine.
The case proceeded to trial where the defendant was found not guilty.
q Case No: 4794-EFZ
Defendant allegedly drove his vehicle at 10 MPH on the night of the
arrest with his lights off. After several blocks the defendant drove the
vehicle onto the sidewalk. The defendant demonstrated slurred speech
and appeared impaired. He blew .27 twice on the breath test and
failed the urine and the roadside sobriety tests.
Defense moved for a speedy trial and the case was won.
q Case No: 2005MM1018A
Defendant, who admitted to drinking, was observed swerving his
vehicle into other traffic lanes while driving, almost striking other
vehicles in the roadway. He was administered several roadside
sobriety tests and also given a breath test by police officials. After
allegedly failing to successfully perform the roadside tests, the
defendant was arrested. His breath test results were reported to
be .242 and .228.
After multiple motions filed by defense counsel, the case was
dismissed.
q Case No: 2004MM2368-K
Defendant was stopped for running thru a stop sign. According to
police officials, defendant appeared impaired with blood shot eyes and
poor balance. She failed all of the roadside tests administered and
refused to take a breath test. Defendant admitted to law enforcement
officers she had two drinks.
After judge granted several motions entered by the defense, State
offered a charge of reckless driving; DUI charges was dropped.
q Case No: 286141-X
Defendant stopped for driving the “wrong way” on a one-way street.
Defendant admitted to drinking, had blood shot eyes, slurred speech
and strong odor of unknown alcoholic beverages. Defendant had
difficulties producing ID, problems balancing and blew a .15/.16
percent on the breath test.
After numerous motions, the state was unable to proceed to trial and
the case was dismissed.
q Case No: 503652W; 575EIQ
Defendant was driving the “wrong way” on a one way street.
Defendant smelled of alcoholic beverage and admitted to drinking
vodka at the night club she attended. She failed the roadside sobriety
tests administered and blew a .12 percent on the breath test.
Defense filed numerous motions and at trial the case was dismissed.
q Case No: 086152J;5226-DGC
Defendant stopped for driving without headlights, after which officers
claim he showed “usual” symptoms of impairment. Defendant failed
the roadside sobriety test and blew a .122/.122 on the breath test.
Due to Language barriers faced by the defendant whom only spoke
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Japanese, many motions were filed. Defense attacked the inability of
the State to prove that the defendant was properly advised, among
other things. Defense won and the State dismissed the charges.
q Case No: 05-024422MM10A
The driver was stopped for running a red light in Hollywood. A DUI
task force officer responded and gave the driver roadside tests.
According to the officer the driver failed the roadside test but said the
video was not available.
After cross examinating both officers during trial, the jury found the
defendant not guilty.
q Case No: 06-005108MM10A
The defendant was stopped for driving on the sidewalk around
another vehicle. The officer observed signs of impairment and
conducted a DUI investigation. The driver failed roadside test and the
breath test results were .107 / .109
Due to the firms diligence and attention to detail, a Notice of
Expiration of speedy trial was filed and the case was dismissed.
q Case No: 501468-W; 8219-DUU
Defendant was stopped for allegedly swerving his vehicle while
driving. Defendant had problems standing and admitted to drinking.
He failed all roadside tests and blew a .19 and .17 on the breath test.
Defense filed numerous motions and the case was dismissed.
q Case No: 6269-XAE; 5557-CZS; 5558-CZS
A police officer observed the defendant going at an excessive speed
and swerving across traffic lanes. Defendant allegedly smelled of
unknown alcoholic beverages and fell on the ground when roadside
sobriety tests were being administered. Defendant blew a .19 /.21on
the breath test, she admitted drinking and failed all field sobriety test
exercises.
After numerous motions were filed by the defense, state could not
proceed to trial and the case was dismissed.
q Case No: 05-009930MM10A
Client was involved in a rear end collision with two vehicles stopped at
a red light. The officers that investigated the accident were not
present at the time of the accident. They along with the occupants of
the other vehicles could not place our client in control of the wheel.
Our client refused to take field and urine sobriety tests which led to his
arrest.
Defense filed eight motions that turned case into shambles. State
proceeded to trial dropped DUI charges on the second day and
obtained no conviction.
q Case No: 061690J; 8691EBI
A civilian called the police and informed them of a driver who had left
the scene after striking a road barrier and throwing beer bottles out of
her window. The police found the defendant four miles from the scene
and suspected that the driver was under the influence of drugs or
alcohol. The driver refused roadsides and the breath test, however,
the police found drugs on her person.
Defense counsel filed several Motions to Suppress which resulted in
the State dropping the charges.
q Case No: 2005-CT-5481
The driver reached a roadblock, drove out of the roadblock and then
parked. The officer approached the driver.
The defense filed a Motion to Suppress All Evidence and despite the
State having their witness present, defense counsel was able to able
to get the DUI charges dropped.
q Case No: 52958; 59; 60-NC
Defendant had a case from 1986 for driving under the influence of
alcohol.
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Defense filed motions and moved for everything it is entitled to in
discovery. The case was dropped.
q Case No: 014078W
The driver drove off of the road onto a walking path in front of a
police officer. The officer flagged him down and he backed up into a
fence. The officer stated that the driver had bloodshot and watery
eyes, a strong odor of alcohol, a flushed face and slurred speech. The
driver refused the roadside tests and the breath test.
The defense filed motions and took the case to trial. The charges were
dropped.
q Case No: 574028X
The defendant rear ended the car in front of him causing a three car
pile-up. The officer stated that the driver had a strong odor of alcohol
on his breath, bloodshot and watery eyes and slurred speech. The
driver admitted to having a few beers, refused the breath test and
failed the roadside tests.
The defense filed a Motion to Suppress for Lack of Probable Cause and
two Motions to Suppress Statements. The State could not go forward
with the trial and the charges were dropped.
q Case No: 489014X: 1510-EIQ
The driver was involved in an accident. A city of Miami Oficer
responded to the scene and conducted an accident investagation.
After charging the diver with DUI, the arresting officer took him to the
Miami Beach Police Station. The driver refused to submit to any
chemical physical tests. The responding officer neither witnessed the
accident occur, nor witnessed the driver driving or being in actual
physical control of a motor vehicle. likewise, the drivers of the other
vehicles were never able to affirmatively place the driver behind the
wheel. According to the Probable Cause Afidavit, the driver was never
affirmatively told that a criminal investigation for DUI was being
conducted and never mirandarizes by the arresting officer or any other
officer before he attempted to administer roadside sobriety tests.
Prior to trial, defense moved to dismiss all charges. Coubt I (DUI) and
Count II (reckless driving) were dismissed by the court upon defense
motion for lack of prosecution.
q Case No: 05-001181MM10A
The client was allegedly stopped for tailgating a Hollywood Police
Officer. The officer asked the client to take Field Sobriety tests which
he allegedly failed. The client was also asked for a breath sample
which he blew .144 .166 and .154.
The Judge Granted our motion to suppress evidence based on an
illegal stop. The state dropped all charges based on Judges ruling.
q Case No: 086432J
The Driver was seen tailgating other cars and weaving in and out
traffic causing other cause to have to avoid them. After being pulled
over the driver got into a physical and verbal altercation with the
police, refused to take any test and was arrested for DUI, resisting
arrest with violence and assault on a LEO.
The firm file a battery of motions to exclude and suppress evidence
and at the time of trial the was not prepared to proceed the judge
deigned them a continuance and dismissed all the charges
q Case No: 286779X
The driver was going the wrong way on a one way street. The officer
pulled the driver over and stated that the driver had a strong odor of
alcohol on their breath, slurred speech and bloodshot and watery
eyes. The driver refused the roadside and breath tests
The defendant had unequal tracking in their eyes, indicating a
neurological problem as opposed to impairment. Through the
successful practice of filing motions to suppress and to exclude and
after speaking to the arresting officer, the firm was able to get the
charge dropped.
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q Case No: 489301X; 4997; 99; 5000-EGB
Eyewitness testified that defendant crashed a parked car through a
gate, causing considerable damage and then fled the scene. Witness
then saw a police officer in the vicinity and directed the officer to the
defendant in the damaged vehicle a block from first collision. Allegedly
defendant showed distinct signs of impairment, admitted to drinking
and failed all roadside sobriety tests. Various motions were filed in this
case.
The state dismissed charges.
q Case No: 132000W
The defendant drove over a median and crashed into a guard house.
Police arrived on the scene noticed signs of intoxication from the
driver and proceeded to give them road side test; after failing the first
test the driver refused to take any more. The officer requested them
to submit to a breath test which they also refused and arrested the
driver for DUI.
The defense got the judge to throw out the road side test result and
refusals as well as the breath test refusal and the state dropped the
DUI charge.
q Case No: 05010508MM10A
The officer observed the defendant straddling the double yellow lines
in the roadway, swerve into oncoming traffic and roll through a stop
sign. The officer stopped the defendant and had him exit the vehicle.
He noticed the aroma of marijuana coming from the vehicle. The
defendant refused all roadside exercises and the breath test and was
placed under arrest for marijuana possession and DUI.
Through successful motion practice the marijuana possession charge
was dismissed and the DUI was dropped.
q Case No: B05021390
Suspected of DUI, the driver was pulled over. The driver and vehicle
were searched. Subsequently, the police found marijuana in the
driver’s pocket and a pipe in the vehicle.
The firm filed several Motions to Suppress which resulted in the State
dropping the charges.
q Case No: 266253X
Second offense DUI: The driver crashed into an off duty police officer
who called an on duty officer to investigate the crash. The officer
noticed a strong smell of an alcoholic beverage and gave the driver
road side sobriety exercises which they failed; the driver refused to
submit to a breath test and was arrested for DUI and charged with
causing the accident
Through successful motion practice the firm got most of the evidence
excluded and the DUI and other charges dismissed
q Case No: 508424X
The defendant was swerving in and out of his lane and almost hit a
police vehicle. The officer reported the defendant had a strong odor of
alcohol, bloodshot eyes and slurred speech. The defendant failed the
roadside tests and refused to take the breath test.
The defense filed four Motions to Suppress. The State was not ready
for trial and the case was dropped.
q Case No: 04021951MM10A
An officer stopped the defendant for speeding on his motorcycle. The
officer stated that he observed a strong odor of alcohol, bloodshot
eyes and slurred speech. The defendant was asked to perform
roadside tests and take the breath test. He did the roadside tests but
was unable to provide an adequate sample for the breath test which
was interpreted as a refusal.
Defense counsel took this case to trial before a jury who acquitted the
defendant on all counts.
q Case No: 04025776MM10A
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The defendant was involved in an accident after running a red light.
The officer observed the defendant swaying heavily to the point where
he almost fell over. The defendant refused to take the roadside
exercises and breath test.
After the firm filed a battery of motions and deposed witnesses, the
defendant was acquitted of DUI and DUI property damage
q Case No: 550630X
The defendant was driving erratically at night with no headlights while
cutting off other cars. The officer noticed a strong odor of alcohol,
blood shot eyes and slurred speech. The defendant failed the
roadsides and did not take the breath test
The firm filed Motions to Exclude Breath Refusal, Exclude Statements
and the HGN Tests. All of the motions were granted. The defense was
able to get the officer to admit on the stand that the client eventually
agreed to take the breath test after being read the implied consent.
Additionally, the officer admitted that he did not afford the defendant
the opportunity to take the test and treated it as a refusal. The DUI
charges were dropped
q Case No: 05008052MM10A
The driver was observed making an illegal u-turn, drifting from side-to-
side and moving slowly. The officer pulled the driver over and
observed him to have bloodshot and glassy eyes, unsteadiness on his
feet and an odor of alcohol on his breath. The officer asked if the
driver wished to participate in roadside exercises and he declined.
Defense counsel took this case to trial before a jury who acquitted the
defendant on all counts.
q Case No: 2162EFX
The defendant was driving on Miami Beach with his children in the
vehicle. An officer ran a records check on his license plate and saw a
DUI suspension for the driver. The officer conducted a traffic stop.
Defense counsel took the case to trial and argued that the defendant
had a business purposes permit. The evidence was presented that the
defendant had a legitimate business that he was conducting and the
State could not prove otherwise. The defendant was found not guilty
at trial.
q Case No: 05-010057MM10A
Our client was involved in a rear-end collision involving one other
vehicle stopped at a red light. A broward Sheriff's Deputy was
dispatched to investigate and he, in turn, requestedd another deputy
to conduct a DUI investigation. The scound Deputy did no accident
investigation but instead made contact with the client and noted
certain alleged observations leading hin to request the Client to submit
to roadside sobriety exercises. Client refused tests, was arrested and
taken to the BSO Breath Test Facility where he was video taped and
told he had to submit to a breath test requested bu arresting officer.
Again, our Client refused to submit to the breath test, refused to
perform videotaped sobriety tests and refused to answer any
questions.
Defense counsel filed a battery of Motions to Suppress and Exclude.
The DUI charges were dropped.
q Case No: 03028427MM10A
The Defendant was involved in an accident and fled. While being
chased by the police the driver crashed again and had to be removed
from the car by fire rescue and transported to the hospital. The
officers followed them back to the hospital and observed a strong odor
of an alcoholic beverage and requested a blood test. The results of the
blood test were positive for alcohol and the driver was charged with 9
charges including DUI and DUI with property damage.
The defense proved there was not probable cause for the blood draw
as well as consent was coerced out of the defendant. The officers also
violated HIPPA rules in the hospital. The blood results were thrown out
resulting in the charges being dropped and one of the officers were
investigated for use of force / coercion.
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q Case No: 0382DVG
The driver was pulled over for an expired tag, no insurance and a
suspended license.
Once the firm was able to clear up the suspended license issue and
the tag and insurance were made current, the charges were dropped.
q Case No: F05-035578
Defendant was arrested for causing a car crash involving multiple cars
and injuries. He was charged with four felony counts of DUI.
Following motions entered by the defense to suppress and dismiss,
the four charges were dropped to misdemeanor, later to be reduced to
one count of reckless driving.
q Case No: 385666-W
Driver was pulled over for doing 68 mph in 40 mph zone. Officer
requested the driver to submit to road side sobriety test and failed
them, later defendent refused to take the breath or a urine test and
was arrested for DUI.
Found not guilty by a jury of their peers
q Case No: 306656X
Officer observed a parked car with a person sleeping in the driver’s
seat. Officer knocked on the window and gets no response. Officer
then proceeded to open the door and wake up the person in the
driver’s seat. Upon coming into contact with the driver the officer
noticed an odor of an alcoholic beverage, blood shot eyes, slurred
speech and requested driver to submit to field sobriety exercises.
Defendent failed then and refused to take the breath test.
Charges dismissed from pretrial motions
q Case No: 04018899MM10A
The driver of a motorcycle was involved in an accident and was
transported to the hospital where two blood samples were taken. At
the hospital, the driver was arrested.
The firm filed a Motion to Suppress Blood Results and won. The firm
convinced the Judge that the officer had no basis to conclude that the
accident actually involved serious bodily injury. The charges were
dropped.
q Case No: 046197-W
Officer observed defendant weaving while driving with an expired tag.
Driver admitted drinking to the officer and failed all field sobriety test
and refused the breath test
State not ready at time of trial; case dismissed.
q Case No: 04-016134MM10A
Defendant was stopped at a DUI check point; an officer noticed signs
of impairment and requested the driver to submit to sobriety test.
driver refused to submit to roadside sobriety test and was arrested for
DUI. The defendant was also found in possession of Cannabis
The defense proved there was no probable cause for arrest and also
proved the reading of FL implied consent law was improperly
administered. The state subsequently dropped the DUI and Possession
Charges
q Case No: 03001264MM10A
Witnesses observed the defendant continually swerving in and out of
traffic, then onto a sidewalk until the vehicle came to a stop. The
witness ran to the vehicle and removed the keys until the officers
could arrive. The officer arrived at the scene and stated that the driver
had a strong odor of alcohol on their breath, slurred speech and
bloodshot and watery eyes. The driver performed very poorly on the
roadside and breath tests.
Defense counsel was able to suppress the field sobriety exercises,
breath test results and the video. All DUI charges were dropped.
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q Case No: 289841-X
Defendant crashed their car into a tree. When the officer arrived on
the scene they requested the driver to submit to road side sobriety
test; agreed and fail them, refused to submit to a breath test and was
arrested for DUI.
The defense filed a battery of motions to suppress evidence and at the
time of trial the charges where dismissed
q Case No: 508408X
Defendant was said to have nearly lost control of their scooter when
they approached a red light, proceeded to make a U-turn to avoid the
red light then made another right turn to resume traveling in their
original direction. Police stopped them conducted a DUI investigation
and arrested the driver for DUI and issued several other traffic
citations.
The Defense found during the Drivers license hearing that the
arresting officer never saw the defendant do any of the things he was
stopped for and the observations causing the officer to suspect
impairment causing him to initiate the DUI investigation and
subsequent arrest. Motion to dismiss for no probable cause granted;
case dismissed.
q Case No: 2005-MM-009152A
The defendent was allegedly observed by Seminole County Sheriff's
Drputy coming out of a convenience store in Lake Mary, Florida. The
defendent had left his vehicle parked in a fire lane with the engine
running while he went inside to make a purchase. Upon coming out,
the Sheriff's Deputy made contact and initiated a DUI investigation
based on purported signs of impairment. Client agreed to perform
roadside sobriety exercises which were videotaped. once completed,
the defendant was arrested and transported thereafter to the John F.
Polk Correctional Facility for breath testing.
This client was not convicted for DUI
q Case No: 508246X
A parking enforcement officer observed a erratically driving vehicle
and alerted another officer who observed the driver run a stop sign.
Officer then proceeded to pull driver over, conduct a DUI investigation
and arrested the driver.
The state was not ready at time of trial and forced to drop the
charges.
q Case No: 04015330MM10A
The defendant was stopped for traveling on the left lane solid white
line when the officer stopped the vehicle. The officer pulled the driver
over and stated that the driver had a strong odor of alcohol on their
breath, slurred speech and bloodshot and watery eyes. The defendant
performed the roadside test and refused the breath test.
During jury selection, defense counsel was able to get the State to
drop the DUI charges.
q Case No: M030347
The Police observed the defendant lose control of the vehicle and
proceeded to pull them over and conduct a DUI investigation. The
defendant was uncooperative with the officers and was arrested for
resisting arrest and DUI breath test results .114
State failed to provide proper discovery to the defense, forcing them
to drop the DUI and resisting arrest charges.
q Case No: 04-011590MM10A
Defendant got into a multiple car accident. Given road side field
sobriety test and fail them, breath test results .11 and made several
admissions to the officer.
After filing and successfully arguing a battery of motions the firm
managed to get evidence excluded and the state was forced to drop
the DUI charge
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q Case No: 508440-X
Driver accused of speeding and weaving, attempted to flee from
officer when another officer blocked off the defendants car to stop
them. Failed road sides, breath test results .164
Defense brought out various discrepancies from the officers story and
the truth to the court, and the state was forced to drop the DUI
charge
q Case No: 04-23167MM10A
Defendant was involved in a minor accident with another car. The
officer on the scene observed some signs of intoxication and
conducted a DUI investigation. Driver was later arrested and charged
them with DUI
The State dropped the DUI charge before trial
q Case No: 05-002746MM10A
Defendant was stopped for driving without headlights. After being
pulled over defendent was asked to take road side test and performed
them perfectly. driver refused to take a breath test and was arrested
for DUI and issued traffic citations.
The video of the defendant’s performance of the road side test was
brought to the attention of the judge and the state and all charges
dismissed
q Case No: 04-06705MM10A
Defendants car was stopped at a road block, given road side test by
the police and later arrested for DUI
Defense argued and proved the driver was not impaired. Found NOT
GUILTY by a jury
q Case No: 04-009442MM10A
Our Client was arrested and charged with DUI
Through our investigation into the details of the case it was
determined that the defendant was charged with the incorrect charge.
This fact was brought to the attention of the court and the charges
were dismissed.
q Case No: 04-021470MM10A
The Defendant involved in a serious roll-over crash and was taken to
the hospital. The investigating officer began to suspect the driver of
drinking and requested a blood test; they refused and were later
charged with DUI.
The defense exposed problems with the officer’s investigation and
additionally got witnesses excluded, forcing the state to drop the DUI
charge.
q Case No: 05-003296TCA04
Defendant pulled over for going over 100 mph and later arrested for
DUI
State dropped all charges after successful motion practice.
q Case No: 04-15566MM10A
Police officer noticed a vehicle with a terrible driving pattern and
pulled the car over only to find other indicators of DUI and later
arrested defendent.
Found not guilty by a jury of their peers
q Case No: CTM040001072A
Officer pulled over a vehicle for speeding and proceeded to conduct a
DUI investigation and later arrested the driver for DUI after failing the
road side test. The breath test results were almost twice the legal limit.
After reviewing the video tape of the road side test and bringing it to
the attention of the state the DUI charge was dropped
q Case No: 048435-W
Defendant was pulled over after supposedly running a red light.
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defendent stopped and given road side test. Later was arrested for
DUI, defendant refused to submit to a breath test.
Motions were file to exclude the results of the road side test and the
breath test refusal and the charges were dropped
q Case No: 6226-CZE
The defendant was involved in a accident and the officer started a DUI
investigation after observing the defendant; defendent submitted to a
breath test and was arrested for DUI; also received several traffic
citations as well.
The state failed to bring the case to trial with in the required time and
all charges where dismissed
q Case No: 252483-W
The Defendant was approached and stopped while getting into his car
after leaving a club and later arrested for DUI.
Motion to suppress due to illegal stop granted and DUI charge was
dropped.
q Case No: 044018769MM10A
Officer observed a vehicle driving with an expired tag. After making
contact with the driver the officer noticed a strong odor of a alcoholic
beverage, slurred speech as well as blood shot eyes and called a DUI
task force officer to conduct a DUI investigation. Driver failed the
roadside test and was offered a breath test, refused and was arrested
for DUI.
State dropped the charges before trial.
q Case No: 04022691MM10A
The Driver was said to be spinning their tires exiting a shopping center
and sped off cutting across three lanes of traffic to get on the
highway. The driver was pulled over and given Road Side Sobriety
test. They failed them and was arrested for DUI
The judge granted several pretrial motions that forced the state to
drop the DUI charge.
q Case No: 387929W
The defendant was found sleeping behind the wheel after a passer by
alerted the police. After approaching the car the officer observed the
classic signs of intoxication and subsequently arrested the driver for
DUI.
The Defense proved there was no probable cause for the stop and
subsequent arrest. All charges dismissed before trial
q Case No: 8375-DDR
Officer observed a vehicle unable to maintain a single lane and
following other cars too closely and pulled them over. After making
addition observations the officer arrested driver for DUI and the driver
refused to take the breath test.
The State dropped the DUI charge.
q Case No: 317078X
Third offense DUI in Miami Dade County. Driver found asleep behind
the wheel disoriented and smelling of an alcoholic beverage according
to the police. They refused to submit to Road side test and also
refused to take a breath test.
The defense proved there was no probable cause for arrest. All
charges dismissed.
q Case No: 508287X
A vehicle was observed driving 56 MPH in a 30 MPH zone and was
pulled over. The officer observed an odor of an alcoholic beverage
after coming in contact with the driver and proceeded to conduct a dui
investigation including Roadside sobriety test that driver failed, the
driver was transported back to the police station for a breath test and
arrested for DUI.
The defense proved through motion practice there was insufficient
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cause to conduct the DUI investigation and the state dropped the
charge.
q Case No: 46659
Defendant stopped for making an illegal turn. Officer conducted
roadside test, breath test results twice the legal limit.
Motions to exclude roadside test and breath test results granted.
Charges Dropped
q Case No: 5177DDX
The defendant was seen driving in a parking lot of a closed business,
also ran a stop sign and was pulled over. The officer observed signs of
impairment when they came into contact with the driver and
conducted a DUI investigation and request the driver to submit to a
breath test, the results were below the legal limit and the officer
additionally request a urine test for drugs and arrested the driver.
The defense proved there was insufficient evidence for the officer to
conduct the DUI investigation and got all the evidence gathered by it
suppressed and all charges where dismissed
q Case No: 062102J
A Car was stopped for speeding and when the officer came in contact
with the driver he observed a strong odor of an alcoholic beverage
emitting from the driver and ordered the driver out of the car to take
road side sobriety test and subsequently failed. Defendent was
arrested for DUI.
Defense proved the officer's testimony inconsistent with the time line
of events leading up to arrest. We also proved the road side test
where improperly administered resulting in the charges being
dismissed
q Case No: 468023W
Defendant was pulled over for coming to a sudden stop to avoid
crashing into another car. The officer noticed two beer bottles in the
car and proceeded to conduct a DUI investigation. Defendent was
arrested for DUI after failing the road side test.
Motion to suppress the stop granted. Charges dissmissed.
q Case No: 289486 X
Defendant was involved in a minor traffic accident. He was asked to
complete roadside tests which he failed and blew over twice the lagal
limit. (.187)
The Essen, Essen, Susaneck, Canet & Cohen, P.A., attorney filed a
motion to suppress the identity of the defendant using the accident
report privilege and a motion to suppress the .187 breath test result
based on a twenty minute violation. The state dismissed the case at
trial.
q Case No: 9118XAD
The officer was waiting outside a local bar and when defendant left
the bar and attempted to drive home the officer stopped the
defendant.
The Essen and Essen law firm's attorney filed and argued numerous
motions including a motion to suppress the stop based on the officer
having no valid reason to stop the defendant. The DUI was dismissed
by the judge.
q Case No: 0225568 MM10A
Officer observed the defendants vehicle driving in a reckless manner
and proceeded to pull the vehicle over. Upon approaching the driver
the officer observed the defendant had bloosdshot eyes, odor of
alcohol and slurred speech. The driver admitted to "having a couple of
beers". The defendant refused to take roadside tests and refused the
breath test.
Attorney Canet proceeded to trial and the client was found Not Guilty
by a jury.
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q Case No: 289486X
Defendant charged with DUI and leaving the scene of a accident.
Breath test results over twice the legal limit.
All Charges Dismissed before trial.
q Case No: 0225568MM10A
Defendant was observed driving his vehicle in a reckless manner and
was pulled over. After being pulled over the officer noticed that when
the defendant spoke a strong odor of an alcoholic beverage became
noticeable, defendant admitted having "a couple beers" and refused
roadside and breath test.
Found not guilty by a jury
q Case No: 01-026267TCA04
The driver was stopped at a police road block where the police
indicated that the driver showed obvious signs of impairment, was
unable to locate his driver’s license, handing the police his Visa card.
He was described by the police as having a strong odor of alcohol on
his breath, used his car for support, had slurred speech and did poorly
on the physical sobriety tests. Client took the breath test with a result
of .106.
After the court heard our motion to suppress for an illegal stop, all
evidence was suppressed and the state dropped the DUI charges.
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Take this quiz and know right away what kind
of a defense you may have.
If you answer YES to any one of the following questions - or would to
dozens of other questions which need to be asked - you owe it to
yourself to have us analyze your case, explain your options and
recommend a course of action. All at no charge or obligation.
YES NO
Do you suffer from an injury to your hips, knees, back,
joints or elsewhere that would affect your balance?
Did the police fail to advise you of your right to an attorney
before taking the field sobriety (balance) test?
Were your field sobriety (balance) tests conducted on a
surface that was not even, flat, clean, properly lighted, or
protected from the wind?
Did the glare from the police car's overhead lights blind you
or make you dizzy?
Were you wearing contact lenses while taking roadside tests?
Were you arrested on private property?
If videotaped, did you appear sober, even if you were
scared or exhausted?
Did the officer confuse fear or exhaustion with intoxication
(drunkenness)?
Did you recently suffer a concussion (blow to the head) that
would duplicate intoxication (drunkenness)?
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Do you suffer from diabetes, hypoglycemia or any other
condition that might have caused you to seem impaired?
Do you know people who would honestly testify they saw
you while you were fine shortly before you were stopped?
Did the Law Enforcement Officer wake you from a deep
sleep while you were stopped or parked?
If you were in an accident, did you suffer injuries that might
have caused the Law Enforcement Officer to mistakenly
believe you were drunk?
Did you wear removable dentures during the breath test?
Submit
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Florida DUI Lawyer Strategy - Attorneys at Law - DUI Defense - Florida DUI - DUI
Our Goal is to
build a WINNING case.
Serious penalties deserve a serious defense.
The trials and tribulations, as well as penalties, if convicted of DUI
require a serious defense. That's why we examine every fact in our
effort to build a winning case. Nationally we're a highly respected DUI
defense firm because of our experience and dedication to be
successful in every possible case. Our team of lawyers have a
multitude of successful defenses that may help you, such as test
altering effect of roadside wind, unreliable & misleading breath
machines, disorienting effect of police car lights, medications
mimicking intoxication and useless breath tests.
Remember, your arrest doesn't mean you will be
convicted. If you're arrested, you need not plead guilty.
More about our DUI defenses
Our team of experienced attorneys work to examine every factor in
every case that could work in your favor. Any of the following can
severely impact the results of tests conducted during a typical DUI
arrest. For instance:
q Breath-testing machines often give false readings.
q Police car lights can create nausea and disorientation.
q Medications can cause side effects that resemble intoxication.
q The pitch of the road can impair your balance while doing
balance tests.
Because inaccuracies during testing can negatively affect your case,
the Essen Team has purchased several testing mechanisms to
demonstrate in court their inability to establish accurate readings.
We're one of the few firms that owns a breath-testing
machine and uses a "wind measuring device." In addition, we're
one of the firms in the United States to own a set of the strobe
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lights mounted on police vehicles to show how, when the room is
darkened and the lights are spinning, many people feel nauseated and
confused. We sometimes conduct Mock Trials in our office to practice
hypothetical cases and will prepare our clients, when necessary, for
stronger court presentations. We are fastidious in our examination of
every detail in each DUI case.
Just consider the trials and tribulations, as well as the penalties, if
you're convicted of DUI in Florida: a permanent criminal record, loss of
license, community service, increased insurance rates, possible jail
time, vehicle immobilization, fines and possible job loss. Though no
one should drive drunk, everyone's entitled to the best defense
possible. If you suffer from the disease of alcohol addiction, we'll
insist, as a condition of employment, that you obtain professional help.
This decision to act is yours alone! Contact us today.
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www.RichardEssen.com
Call us TODAY
It only takes a minute. But, it could
affect the rest of your life.
Request for DUI Attorney Contact:
If you're interested in having Richard Essen contact you with
regard to a potential case please complete the following form or
call 1-888-303-7736.
First Name:
Last Name:
Email:
Area Code and Phone:
( ) -
Notes on Case:
The information you provide is confidential and will only be used
to respond to your inquiry.
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Send
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Florida DUI Lawyer Seminars - Attorneys at Law - DUI Defense - Florida DUI - DUI
Experience
Speaks Volumes.
For over a Decade Richard Essen and his firm have put on an
extensive set of DUI defense seminars for DUI attorneys across Florida
and the nation. He shares valuable tactics and techniques with DUI
attorneys throughout the country focusing on new innovations in
science and law related to DUI cases.
We explore all aspects of the DUI cases.
Join with us and participate in this special opportunity to tap into our
firms 100 plus years of experience.
Richard Essen's...
(Partial List)
Miami Lakes, Florida - April 15, 2005
Dania, Florida - May 7, 2004
Hollywood, Florida - November 7, 2003
Dania, Florida - April 11, 2003
Dania, Florida - November 22, 2002
Miami Lakes, Florida - April 26, 2002
Miami Lakes, Florida - March 23, 2001
Miami Lakes, Florida - March 31, 2000
Miami Lakes, Florida - March 12, 1999
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Florida DUI Lawyer Seminars - Attorneys at Law - DUI Defense - Florida DUI - DUI
Miami, Florida - January 22, 1999
Miami Lakes, Florida - April 24th, 1998
Miami Lakes, Florida - October 31, 1997
Miami Lakes, Florida - April 18, 1997
Miami Lakes, Florida - October 18,1996
Miami Lakes, Florida - May 17, 1996
Miami Lakes, Florida - September 28, 1995
Miami Lakes, Florida - March 30, 1995
For more information on upcoming drunk driving (dui - dwi) seminars,
please contact your Florida DUI Attorney at
1-866-GO-ESSEN (Statewide), 1-888-30-ESSEN (Nationwide)
or email us at seminars@richardessen.com
.
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Our Credentials | Dade County DUI | DUI defense
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Call us TODAY
It only takes a minute. But, it could
affect the rest of your life.
Meetings available in Aventura Coral Gables and West Palm
Beach offices.
Statewide 1-866-463-7736
Nationwide 1-888-303-7736
Dade County 1-305-935-6680
Broward County 1-954-522-6878
Fax 1-305-935-2314
Email info@richardessen.com
Coral Gables Satellite Office: 305-445-7211
Aventura Office
20801 Biscayne Boulevard, Suite 300
Aventura, Florida 33180
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--
West Palm Beach Office
324 Datura Street, Suite 145
West Palm Beach, Florida 33401
DUI Home | Florida DUI Lawyer Guide | Jose L. Concepcion
Law Links | Miami DUI | Miami DUI Lawyer | Tampa DUI
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Florida DUI Attorney, DWI, Drunk Driving, Miami, Dade, Palm Beach, Tampa
Put our team of DUI defense attorneys in gear
by contacting us today!
Richard Essen - Florida DUI Attorney
If you have a drunk driving DUI case in South Florida, including the
areas of Palm Beach County, Miami Dade County, Broward County, Palm
Beach, Fort Lauderdale or the Keys, contact us right now to find out
what your chances are of prevailing in your case. After all, the decision
to fight or plead guilty could affect the rest of your life.
Practicing primarily in South Florida including the areas of Palm Beach
County, Miami Dade County, Broward County, Tampa, and Fort
Lauderdale, but also available to defend drunk driving cases in Tampa,
Tallahassee, Orlando, Naples, Fort Myers, and throughout Florida and
other parts of the nation. We are a DUI - DWI law firm committed to a
philosophy of vigorously defending your DUI - DWI Florida drunk driving
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Florida DUI Attorney, DWI, Drunk Driving, Miami, Dade, Palm Beach, Tampa
case. Established over 55 years, our objective is to concentrate on the
defense of criminal related traffic offenses. We've developed a
reputation that speaks of our success and drives us to continue. We are
the premier Florida DUI Attorney.
A law firm is nothing but its attorneys. See the credentials of the South
Florida DUI law firm that has been concentrating on drunk driving,
DUI and DUI related crimes for longer then any other Florida firm as well
as our result driven practice. We promise that we'll do everything we
can, within the bounds of legal ethics, to prevail in your DUI - DWI
(driving under the influence / driving while intoxicated / drunk driving)
case.
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