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DUI

Charges: Driving Under the Influence

Case Number: 2015CT003828AXX

Facts: The Rudman Law Group‘s client was stopped for swerving and was observed as having glassy bloodshot eyes, slurred speech and an odor of alcohol on his person. Since their client was a local executive chef, the odor of alcohol could have easily been explained because their client cooks with alcohol, and the bloodshot eyes could be a result of heat from the kitchen.

Results: The firm immediately ordered roadside videos to determine their client’s demeanor on the side of the road. No such video existed. After they reviewed all the written allegations, they contacted the state attorney’s office and informed them that they would be filing a motion to suppress based on an unlawful stop. With all these factors combined, they were able to convince the state attorney’s office to abandon all charges by entering a “no file” on the case.


Charges: Driving Under the Influence

Case Number: 14039332MU10A

Facts: The Rudman Law Group client’s vehicle hit the center wall on I-95 and then eventually came to rest on the right shoulder of the road. There, the client was approached by law enforcement who conducted a DUI investigation. The client refused a breath test of his blood alcohol level and the administrating trooper read him his implied consent warnings. Their client was arrested and then performed sobriety exercises at the station as requested.

Results: After ordering all videos and evidence, the firm were able to determine that their client was not properly read his implied consent warnings. Immediately, they filed a motion to take depositions so that they could depose the arresting officer in order to lock her into testimony regarding implied consent, for purposes of impeachment at trial. After the deposition, they filed motions to suppress the breath test refusal. As a result, they negotiated for the state to offer their client a reckless driving with a withhold of adjudication and only 6 months of probation. The withhold of adjudication allows the client, to seal this case from his record in the future.


Charges: Driving Under the Influence

Case Number: 2013CT018087AXX

Facts: The client was approached as he was allegedly urinating outside of his vehicle on the side of the highway. No one else was nearby. After the officer made some observations of impairment, the client was arrested for DUI.

Results: The Rudman Law Group‘s office reached out to the state to point out that the misdemeanor presence rule prohibits an officer from arresting someone for DUI if they do not observe that individual in actual physical control of the vehicle. Since their client was outside of his vehicle, the officer had no evidence that their client was in actual physical control, regardless of his statements and behavior. Thus, in this case, they negotiated for the state to dismiss, or “no file” the charges as a direct result of their client’s unlawful arrest.


Charges: Driving Under the Influence

Case Number: 2014CT018391AXX

Facts: The client was stopped for not having her headlights on while driving in a private parking lot. Upon being stopped, officers allegedly noticed signs of impairment. After an investigation, the client was arrested and charged with DUI.

Results: Florida law prohibits individuals from driving on public roads without the use of their headlights. However, there is no law stopping someone from driving in a private parking lot without their headlights activated. Thus, the firm immediately contacted the state and expressed their concerns that the stop was illegal; the officers did not have the requisite reasonable suspicion to detain their client. As a result, they negotiated with the state to “No File,” or dismiss, the charges against their client.


Charges: Driving Under the Influence

Case Number: 2015CT018679AXX

Facts: After being arrested for DUI, the client submitted to a sample of his breath, which yielded an alcohol content of .031. This number is well below the legal limit. Subsequently, officers asked him to submit to a urine test to test for other drugs, as his behavior was allegedly inconsistent with his breath test results. The client declined.

Results: The team at The Rudman Law Group immediately ordered videos of the officer’s dash camera and from the breath testing facility. After thorough review, they were able to successfully argue to the state that there was no way the state could prove what substance, if any, their client was under the influence of that night. As a result, the state entered a “no file” as to the charge of DUI, abandoning prosecution.


Charges: Driving Under the Influence

Case Number: 2011CT021180AXX

Facts: The client was coming home after a long day at work, stopped by a bar, and immediately after leaving was pulled over and arrested for DUI. This being his fourth DUI, the firm needed to take the case to trial. If he was convicted, he would have been required to do substantial jail time and permanently lose his driver’s license.

Results: At jury trial, The Rudman Law Group successfully argued that their client only consumed drinks immediately before leaving the bar. Therefore the alcohol had not yet been absorbed into his system thereby at the time of stop he could not have been illegally impaired. The jury found their client not guilty and their client avoided a permanent license revocation and any jail time.

Jury Verdict: Not guilty.

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