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8/24/2009 - Posted by:
Jonathan Blecher, P.A.
Phone: 877-DRUNK07 or 877-378-6507
Alt. Phone: 3056701800
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DUI Cases Can Be Won

DUI Cases Can Be Won

An Experienced DUI Lawyer will be as creative as possible to help you win your DUI case. Here are some examples of how our creativity can work for you.

 

Case History #1

Facts:

Client was asleep in her car in a parking lot. The keys were in the ignition, the car was running and in park. Police officers woke her up, smelled alcohol on her breath, observed her mumble when she spoke and had difficulty with her balance. When the officers asked her to submit to roadside sobriety tests, she refused and was arrested. She refused the breath test.

Creativity:

In order to prove DUI, Florida law requires the state to establish beyond a reasonable doubt that someone was driving or in actual physical control of a vehicle while under the influence of alcohol to the extent that their normal faculties are impaired. “Actual physical control” is defined as being in or on a vehicle AND having the present capability to operate the vehicle. Because she was asleep in the car, there was no way she could have had the capability to operate the vehicle.

Result:

NO DUI CONVICTION

 

Case History #2

Facts:

Client and friend parked on grassy area off Old Cutler Road in South Miami-Dade. A police officer drove up alongside their car and alleged in his reports that he smelled the sweet odor of marijuana from their car, though he didn’t observe any marijuana. Client tells us he was smoking a clove cigarette. The officer also alleges that the car was parked on the bike path which my client denied.

Creativity:

We confronted the officer in court with several packages of clove cigarettes. He admitted that the smell was consistent with the sweet aroma of marijuana and that might have been what he smelled. We also presented photos of the car in the same spot as well as live testimony from witnesses who observed the car not on the bike path the night of the arrest.

Result:

NO DUI CONVICTION

 

Case History #3

Facts:

Client is a young man, 21 years old, 5’10”, and a very slim 130 pounds. He was arrested on the Rickenbacker Causeway near Key Biscayne. The police officer had the client perform Roadside Sobriety Exercises on the causeway. Client advised us that the wind was gusting, perhaps 20-30 miles an hour and his performance on the exercises was poor as a result.

Creativity:

We obtained Wind Gust Recording Charts from the United States National Climatic Data Center, in Asheville, N.C. which established the gusting wind conditions at that specific location. We established that the test conditions that night were unfair, tainted and the results of the tests could not be used as evidence.

Result:

NO DUI CONVICTION

 
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