Criminal Defense Case Results

On 8/13/24, attorneys Katherine Aranda and Joshua Monteiro took a racing case to trial and the jury returned a not guilty verdict in Pinellas County, FL.

On June 24, 2024, the State Attorney’s Office filed a “no information” after deciding that the facts and circumstances of the case did not warrant prosecution for fleeing or attempting to elude involving high speed or wanton disregard. Part of the reason for that decision was that an attorney at Sammis Law Firm presented the SAO with favorable or mitigating information showing no crime had occurred. 

Our client initially sought a hardship license. Upon reviewing his driving record and working with the DMV, we found grounds for full restoration of his original license rather than issuing a hardship. Our client was able to resume normal driving privileges without limitations.

On August 17, 2023, the prosecutor agreed to reduce the misdemeanor crime of leaving the scene of a traffic crash, a second degree misdemeanor, to a civil infraction for failing to report under Section 316.062. As part of a negotiated plea, The Honorable Joseph Lawhorne agreed to “withhold adjudication” and imposed $166 in court costs.

On June 3, 2019, the State Attorney’s Office in Hillsborough County, FL, filed a “Notice of Nolle Prosequi” which dropped the charge of leaving the scene of a crash without rendering aid with injury in violation of Section 316.027(2)(a). In that case, we were able to present mitigation showing that our client was not at fault in the crash and did not knowingly leave the scene without rendering aid. After the criminal charges were dropped, we went to traffic court on the outstanding “careless driving” charge. That civil infraction was also dismissed on August 20, 2019, when a critical witness failed to appear in court. No other civil or criminal charges arose from the incident so the client was completely exonerated.

On June 19, 2019, the State Attorney’s Office filed a “NO INFORMATION” which provided that “having taken testimony under oath at the State Attorney investigation, concludes that the facts and circumstances revealed do not warrant prosecution at this time.” As a result, no charges were ever filed and the case was closed. The case involved an arrest for fleeing and eluding a law enforcement officer (LEO) with the St. Petersburg Police Department in Pinellas County. This offense of Fleeing and Eluding a LEO under Florida Statute Section 316.1935(2), is a third-degree felony. The criminal report affidavit alleged that the officer initiated a traffic stop at the intersection of 38th Avenue and 16th street on a vehicle using lights and siren before the vehicle fled from the scene. The officer described the make and model of the vehicle, the tag number, and a description of the driver. According to the report, the driver was later identified by detectives. We were able to request a surveillance video from a business in the area where the incident occurred to show that the events could not have occurred in the way alleged by the officer. We also requested CAD calls, dispatch records, GPS records, dash camera recordings, and evidence of any driver’s license or tag check performed by the officer from the St. Petersburg Police Department so that the timeline could be better established. As a result, the prosecutor filed a “no information.” A “no information” indicates the prosecutor is formally ending the criminal investigation of the case with no intention of filing a charging document in the future.

Our client was charged with Driving While License Suspended in Hillsborough County. Prior to the first court date, our office provided the State Attorney with information to show that our client’s license was expired, not suspended and that he currently held a valid license. The State announced a Nolle Prosse of the charge at the first court date, which dismissed the charge.

Assigned Attorney: Josh Monteiro

Our client was facing a five-year habitual traffic offender suspension based on a prior civil infraction for Driving While License Suspended (without knowledge) adjudication. We filed a motion to vacate the adjudication and sought a withhold of adjudication instead, which does not count as a strike for HTO purposes.

On May 16, 2025, the court granted the motion and entered the withhold, allowing Tallahassee to remove the HTO suspension. The HTO notation was removed shortly thereafter. This result restored our client’s path to a valid driver’s license and eliminated the long-term consequences of the prior adjudication.

Attorney Joshua Monteiro recently helped his client get a one year suspension for obtaining a license by fraud completely removed so that he could continue driving.

On November 18, 2025, the Florida Department of Highway Safety and Motor Vehicles (HSMV) issued a Final Order fully lifting the suspension and correcting his driving record. The suspension, which had been imposed on August 8, 2025, was based on an allegation of obtaining a driver license by fraud under Florida Statute § 322.27.

The HSMV suspended the driving privilege after determining that a license had been obtained by fraud. This type of administrative action can have immediate and devastating consequences — loss of work, inability to drive family members, and major disruptions to daily life.

We immediately filed for a formal “show cause hearing” to give our client the opportunity to present evidence and prove the suspension was improper.

On October 27, 2025, a formal administrative hearing was held before HSMV Field Hearing Officer Bethany Connelly, Esq., Attorney Joshua Monteiro presented exhibits along with additional supporting documentation that clearly demonstrated the suspension should never have been issued because no fraud or attempt to commit fraud actually occurred.

After careful review of the Department’s records and the evidence we submitted, Hearing Officer Connelly ruled in our client’s favor. The final order read:

“Upon review of the Department’s records and information received at the review, to include Petitioner’s Exhibit #1, this hearing officer finds that Petitioner provided sufficient evidence to show his driving privilege should not have been suspended and the driving record has been corrected.”

Ordered this 18th day of November, 2025. – Bethany Connelly, Esq. HSMV Field Hearing Officer Bureau of Administrative Reviews”

Our client’s driving privileges have been fully restored, and the negative notation has been removed from his permanent driving record. He can now drive legally without restriction — a life-changing result for him and his family.

Many people don’t realize that an HSMV suspension for “submitting a fraudulent application” or “obtaining a license by fraud” can often be successfully challenged with the right evidence and experienced representation. These are administrative hearings, not criminal trials, but they require precise preparation, knowledge of HSMV procedures, and strong documentary evidence.

If your license has been suspended for any reason — including alleged fraud, DUI-related issues, or failure to pay fines — you have the right to fight back.

Don’t wait until you’re pulled over or lose your job. Contact our office immediately for a free consultation. We handle HSMV administrative hearings, driver’s license suspensions, and all related criminal defense matters throughout Tampa Bay.

Call Joshua Monteiro, Esq., today at 813-250-0500 or fill out our online contact form for a confidential case review.

Results like this don’t happen by accident — they happen with aggressive, experienced representation.

Read more about Obtaining a Driver’s License by Fraud Suspensions under s. 322.27, Florida Statutes.

Disclaimer: Every case is different. Past results do not guarantee future outcomes. This blog post is for educational purposes only and does not constitute legal advice.

Our client was charged with leaving the scene of a crash involving another occupied vehicle. The police then went to our client’s home to issue her a notice to appear in court. On February 23, 2022, the State Attorney’s Office in Tampa, FL, entered a nolle prosequi which dropped the only charge pending against the client.

Our client was accused of fraudulently obtaining a Commercial Drivers License (CDL). After his suspension was upheld at the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) Show Cause Hearing, we filed a Writ of Certiorari challenging the suspension of his license. The Writ was based on DHSMV lacking competent and substantial evidence that our client obtained a driver’s license by fraud. In response, the DHSMV agreed to set the fraud suspension on our client’s driver record aside on May 31, 2022.

Our client had never been in trouble before and was accused of leaving the scene of an accident. We were able to achieve a Nolle Prosse in 21-CT-XXXX05 in front of Judge Conrad on July 29, 2021, and avoid a criminal record.

No Motor Vehicle Registration Charge Dropped in Tampa, Florida

In 18-CT-006XXX, our client’s charge of No Motor Vehicle Registration was Nolle Prossed on June 15, 2018, after our firm filed a Motion to Dismiss arguing that a motorized bicycle does not require vehicle registration under Florida Statute 322.01 (27). This case was set in front of the Honorable Miriam Valkenburg in Division A in Tampa, Florida.

Felony DWLSR Reduced to No Valid Driver’s License

On September 7, 2016, in Division A, before the Honorable Lisa D. Campbell, judge of the Criminal Court of Hillsborough County, Florida, our client’s Felony DWLSR charge under F.S. 322.34 (2)(c) was reduced to a second-degree misdemeanor for no valid driver’s license. The Our client was originally charged with Felony Driving While License Canceled, Suspended or Revoked (Third Offense). Getting the charges reduced was necessary so that the client would not receive a Five Year HTO Revocation from the Florida DHSMV. The client received a time served disposition with no probation. He left the courtroom and paid $270 in total fees in the case.

Assigned Attorney: Josh Monteiro

A prior Driving While License Suspended adjudication had triggered a five-year habitual traffic offender suspension. We moved to vacate that adjudication and sought a withhold of adjudication instead.

On May 16, 2025, the court granted the motion, entered the withhold, and cleared the way for Tallahassee to remove the HTO five year suspension.

That result restored our client’s path to a valid license and eliminated the long-term consequences of the prior adjudication.