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Criminal Defense Case Results
Many of our clients ask the same question: “What kinds of cases have you taken in the past, and what was the outcome in those cases?” If you would like to view the case results in felony and misdemeanor cases listed below, please read the following disclaimer:
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- The Florida Bar does not approve or routinely review case results posted by attorneys.
- The facts and circumstances of your case may differ from the facts and circumstances discussed here.
- Not all case results are listed here or provided.
- The case results discussed here do not necessarily represent the results obtained in all cases.
- Each case is different and must be evaluated and handled on its own merit.
Our client came to us after receiving notice that his license would be revoked due to paying off 3 Driving While License Suspended citations within a 5-year period, which triggered a license suspension for 5 years as a Habitual Traffic Offender. We filed a Motion to Vacate the Driving While License Suspended conviction and reverse the HTO suspension. On March 1, 2024, the court granted our attorney’s motion without a hearing, which reversed our client’s HTO Status. Our client can now drive on a valid license with minimal disruption to his day-to-day life.
Our client was designated a habitual traffic offender after paying three DWLS tickets without realizing the consequences. We filed a Motion to Vacate one of the tickets, arguing that our client’s due process rights were violated. The Judge agreed and vacated the conviction. As a result, our client was able to reinstate his license.
Habitual Traffic Offender Designation Removed DWLSR Reduced to No Valid Driver’s License. Our client faced a Driving While License Suspended charge and Habitual Traffic Offender designation. Her license was suspended for five years. We filed a Motion to lift the HTO status, allowing our client to obtain her license. On February 6, 2023, our client’s DWLSR charge under F.S. 322.34 (2)(c) was reduced to a second-degree misdemeanor for no valid driver’s license so that she could avoid another five-year HTO revocation. The client received a time-served disposition with no probation and keep her driver’s license valid.
Our client faced a 5-year Driver’s License revocation after she paid three citations for unknowingly driving with a suspended license within a 5-year period. We filed a Motion to Vacate the guilty adjudication on the most recent citation. On February 3, 2023, our motion was granted, which allowed our client to regain her regular driving privileges.
HTO Reversed in Pasco County
Our client was informed he was habitualized as a traffic offender resulting in a loss of driving privileges for five years. This was done as the Pasco County clerk inadvertently added a DWLS to his record 14 years late. We filed a Motion to Vacate the conviction. Judge Vandercar in Dade City, Florida, granted the motion in 2004CT020XXX, and on August 2, 2018, over State’s objection our client was able to enter a plea to the reduced charge of NVDL thereby allowing him to get his Driver License reinstated.
HTO Reversed in Polk County
August 8, 2018 – Our client was habitualized as a traffic offender after paying a traffic ticket for DWLS without knowledge. Our firm filed a Motion to Vacate which was denied without allowing for a hearing. We filed a Motion to Reconsider and demanded a hearing. This was also denied. We did not rest. We chose to attack a criminal DWLS with knowledge wherein our client was not represented by counsel. Judge Grode granted our motion in 17-CT-007XXX and on August 8, 2018, the State Attorney in Winter Haven allowed our client to enter a plea to the reduced charge of NVDL so she would no longer be HTO.
HTO Reversed in Pasco County
September 7, 2018 – In Pasco County, our client suffered from an HTO 5 year hardship revocation. His most recent DWLS that triggered the suspension also included a mandatory 1 year suspension based on a Fleeing to Elude charge. Based on his driving history, we knew that attacking a prior DWLS without knowledge citation would be difficult. Despite this, in 2016-TR-919XXX, we filed a Motion to Vacate alleging that he was unaware by paying the citation it would count as one of three DWLS charges toward HTO. He thought he did the right thing by paying the ticket, and instead was habitualized one year later when he received a third DWLS. The courts denied our first motion. We filed a new motion for rehearing. This was also denied. We filed a third motion requesting that the court reconsider as the first two motions were denied without providing notice to our firm or a specific reason for the denial. The courts provided us with a hearing date. On September 7, 2018, after a full hearing, Judge Poblick agreed to vacate the prior DWLS and give our client a withhold, allowing the HTO to be reversed, and our client to have his license fully reinstated.
February 1, 2010 – A.S. v. State of Florida – 2009 CT 012037 – We filed a Motion to Withdraw Plea. The State ultimately agreed that our client had been misadvised by his privately retained attorney about the consequence his plea to driving while license suspended with knowledge (a criminal misdemeanor offense) would have on his driver’s license. After client entered the plea he learned he was declared a habitual traffic offender. We were able to withdraw the plea and then convince the prosecutor to reduce the charge to “no valid” driver’s license which would not cause another HTO revocation.
March 19, 2010 – R.R. v. State – Case Number 2005 TR 23878 and 2006TR 3078 – Judge in Bradenton, Manatee County, granted two motions to vacate prior convictions for driving while license suspended without knowledge which then allowed our client to lift the 5 year habitual traffic offender revocation so that he could obtain a valid driver’s license. The court also allowed our client to reenter the plea, this time receiving a withhold of adjudication on the civil infractions which does not count toward a habitual traffic offender revocation.
April 8, 2010 – B.G. v. State – 003984 FQJ – Hillsborough County Traffic Court in Tampa granted motion to set aside a conviction that caused our client to be declared a habitual traffic offender under Florida law. The court then accepted a new plea and this time withheld adjudication so the case would not count toward a HTO revocation. Our client was able to get the HTO order lifted and obtain a valid driver’s license.
November 12, 2009 – Judge in Hillsborough County, FL, granted our motion to dismiss charges in 8835-SPO, for driving while license suspended with knowledge, a second degree misdemeanor under rule 3.190(c)(4) because the undisputed facts did not provide the prosecutor with sufficient evidence to show that our client had “knowledge” that her driver’s license was suspended or revoked. In that case, she did not make any statements that she knew, a ticket for an unpaid Florida citation and the fact that her license had been suspended three times in another state was insufficient as a matter of law. The case was dismissed completely.
December 1, 2009 – The State Attorney’s Office in Hillsborough County dropped all charges in case number CT-001621-FWX for driving while license suspended as a habitual traffic offender (ultimately charged as a misdemeanor) before Judge Lawrence Lefler. The charges were dropped on the day of a hearing on a motion to suppress. In the motion to suppress we showed that the officer did not have a good reason for stopping the vehicle just because of a complaint from a concerned citizen about a suspicious vehicle parked in front of a vacant home. A few months prior to the hearing we were able to vacate one of the underlying offenses that caused the Habitual Traffic Offender status. On the day of the hearing, the client had his full driving privileges and a valid driver’s license. The fact that this charge was dismissed entirely allowed the client to avoid another five year HTO revocation.
January 28, 2009 – State v. S.J. – Motion to set aside conviction for driving while license suspended with knowledge, a misdemeanor offense, citation number 2616ZFYR, was granted in Hillsborough County by the Honorable Elizabeth G. Rice. Our client was able to get her driver’s license back after the HTO revocation was lifted by the DMV.
February 9, 2009 – State v. M.G. – Motion to vacate the conviction for DWLSR with knowledge, a misdemeanor offense, citation number 9445EVY, granted by the Honorable James V. Dominguez, County Court Judge in Hillsborough County, FL. Our client was subsequently able to remove the Habitual Traffic Offender (HTO) status and reinstate her driver’s license.
March 23, 2009 – State v. A.S. – Motion to vacate citation 08000131FNR granted in Clearwater, Pinellas County, thereby saving client from a 90 day suspension of her driver’s license for excessive points.
April 2, 2009 – State. v. A.G. – Motion to vacate driving while license suspended case granted in Starke, Bradford County, Florida, citation 8831GET, which lifted client’s 30 days suspension for excessive points.
April 6, 2009 – State v. J.S. – County Court Judge in Hillsborough County in Tampa, FL, granted client’s motion to vacate two separate DWLS with knowledge cases, both first degree misdemeanors, in 5792FGL and 9913GEX which has removed the Florida habitual traffic offender revocation.
April 6, 2009 – State v. D.V. – Motion to vacate the conviction for driving while license suspended granted in Okaloosa County, FL, which allowed the client to reverse five year Florida habitual traffic offender suspension imposed by the Florida DMV.
April 8, 2009 – State v. W. H. – County Court Judge in New Port Richey, Pasco County, FL, granted client’s motion to vacate and set aside conviction for citation 8-0238GAF which prevented the Florida habitual traffic offender suspension from going into effect on April 13, 2009.
April 24, 2009 – State v. A.L. – Motion to vacate the conviction for DWLS unknowingly in Citation 7828CXF, granted in County Court for Hernando County in Brooksville, FL, thereby causing the Florida habitual traffic offender revocation to be removed.
April 28, 2009 – State v. S.R. – Motion granted to vacate the conviction for driving while license suspended in Tampa, Hillsborough County, FL, for citation number 3422GCQ, which will cause the Department of Highway Safety and Motor Vehicles in Tallahassee to lift the Florida habitual traffic offender suspension.
May 4, 2009 – State v. M.G. – Motion to set aside and vacate plea and conviction granted in Pinellas County, Clearwater, Florida, for 2326GDJ, which caused the DMV to remove the Florida habitual traffic offender revocation causing the driver’s license to become valid.
May 7, 2009 – State v. C.H. – Habitual traffic offender’s Motion to vacate DWLS without knowledge granted in Tampa, Hillsborough County, Florida, which will cause the client’s driver license to become valid after the habitual traffic offender revocation is removed.
May 7, 2009 – State v. L.A. – Motion to vacate DWLS without knowledge granted in Tampa, Hillsborough County, FL, which will cause the habitual traffic offender status to be removed.
May 20, 2009 – State v. J.T., Case Number 2007-CT-000786, Bradenton, Manatee County, Florida, Judge Robery A. Farrance, County Judge, granted the Motion to Vacate and Set Aside the Judgement and Sentence for the criminal offense of Driving While License Suspended or Revoked after an evidentiary motion hearing. The man’s license had been revoked as a HTO for almost two years before he retained the firm. We were able to file the Rule 3.850 motion just a few days before the 2 year deadline passed. The State Attorney’s Office refused to consent to the motion so a hearing was conducted. The issue in the case was whether the man’s plea was involuntary when he did not know the plea would cause a five year suspension, and he did not understand the other rights he was giving up by entering the plea. The Manatee County Judge granted the motion on May 20, 2009. The man’s driver’s license became valid a few days later when the DMV lifted the HTO revocation. On June 9th, 2009, the State filed a “nolle prosequi” which dropped the charge of DWLSR for the 2007 underlying offense. The man did not have to enter a plea to any offense because the charge was completely dropped.
June 10, 2009 – State v. J.V. – Habitual traffic offender revocation lifted for a client from Venice, Florida, after a court in North County Traffic Court Sarasota County grants a motion to vacate judgment and sentence for charge of driving while license suspended or revoked without knowledge.
October 8, 2009 – State v. P.M., Case No. 2009-TR-23140 – Judge for Brevard County, FL, granted motion to vacate the conviction for a Vero Beach man who was designated a habitual traffic offender because of an offense for DWLSRC without knowledge, which will result in the HTO revocation being immediately lifted.
December 31, 2009 – Citation 6341SNX – Jefferson County Traffic Court, Monticello, FL. The court granted our motion to vacate or set aside a prior conviction which caused our client to be declared a habitual traffic offender. The court then accepted a new plea, ordered our client to take an 8 hour driver improvement class and agreed to withhold adjudication which allowed our client to obtain a valid Florida driver’s license.
Feburary 24, 2009 – State v. G.B. – Motion to vacate or set aside conviction for driving while license suspended without knowledge, a civil citation 9334FYP, was granted at theTraffic Court Division, Floriland Business Center, in Tampa, Florida. Our client was able to reverse the fact his driver license was revoked as a Florida habitual traffic offender (HTO).
