Criminal Defense Case Results

In a Final Order on Results of Review Hearing, a HSMV Field Hearing in the Bureau of Administrative Review office in Clearwater, FL, set aside a suspension for refusal to submit to a breath, blood, or urine test because the probable cause affidavit was not attested by the arresting officer with the Manatee County Sheriff’s Office.

On another case decided on March 1, 2023, our firm conducted a Formal Reviewing to challenge the suspension of our client’s license based on her refusal to submit to a breath, blood, or urine test. The Hearing Officer determined insufficient evidence to support the suspension because the arresting officer failed to appear.

On March 1, 2023, our client’s License Suspension was set aside after a Formal Review Hearing. The Arresting Officer failed to provide the DUI Evidentiary Packet before the Hearing. Therefore, the Hearing Officer determined insufficient evidence to support our client’s license suspension.

On April 28, 2023, the Honorable Mary Catherine Green, County Judge in Lakeland, FL, granted a motion to exclude our client’s breath test. After our client blew into the machine, the results were .112 and .109 g/210L. The breath test machine, called the Intoxilyzer 8000, had the serial number 80-005810. At the motion hearing, we questioned the agency inspector, employed by the Lakeland Police Department, and the department inspector, employed by FDLE. The court concluded:

“the July 9, 2021 agency inspection, which was required before the instrument could be returned to evidentiary use, was not conducted in substantial compliance with 11D-8, FAC, and therefore could not provide sufficient reliability that the instrument met the requirements of FAC to be placed into evidentiary use. Breath results are admissible into evidence only upon compliance with the statutory provisions and administrative rules of the Implied Consent law…. Subsequent monthly agency inspections do not cure the lack of substantial compliance. It is therefore,

ORDERED AND ADJUDGED:

1. The Motion to Suppress or Exclude Breath Test Results for Lack of Substantial Compliance is GRANTED.

2. Defendant’s breath test results are excluded as evidence in this cause.”

This ruling means that all breath tests from July 9, 2021, until the machine was finally pulled out of rotation in April of 2022, should have been excluded from evidence if this issue had been raised.

Judge Suppresses Blood Test Seized in DUI Manslaughter / Vehicular Homicide Case – On June 26, 2023, the Honorable Chris Helinger, Circuit Court Judge in Pinellas County, FL, granted our motion to suppress a blood draw in a DUI Manslaughter and Vehicular Homicide case. We argued that officers with Largo Police Department illegally ordered the seizure of blood from our client without a warrant, consent, or exigent circumstances in violation of the Fourth Amendment of the U.S. Constitution. We also argued our client never authorized the testing of his blood or waived patient record confidentiality with respect to the testing of his blood for its alcohol or drug content in violation of our client’s constitutional right to privacy contained in Article I, Section 23 of the Florida Constitution and Fla. Stat. Section 395.3025. The motion was heard on June 19, 2023, and several officers with the Largo Police Department testified, as well as the EMT who drew the blood and Jenna Chin, a toxicologist with the Pinellas County Crime Lab. The same day the court made its ruling granting our motion, the Assistant State Attorney filed a NOTICE OF APPEAL that the State was appealing the interlocutory order suppressing evidence obtained by search and seizure before trial. The appeal is currently pending in the Second District Court of Appeal.

On August 17, 2023, just days before the jury trial was scheduled to begin, the Assistant State Attorney at the Lakeland Division, dropped the DUI charge pending against our client, which terminated the prosecution. We had previously gotten the court to throw out the breath test results because of problems with how the Lakeland Police Department maintained the breath test machine (as discussed below).

On August 17, 2023, the State amended the boating under the influence (BUI) charge to reckless operation. As part of the negotiated plea, The Honorable Robert G. Dittmer, a county court judge in Pinellas County, withheld adjudication and imposed $289 in court costs with no probation. The withhold of adjudication allowed our client to be eligible to seal the record. The case involved an arrest for BUI by Officer Kyle Freda with the Florida Fish and Wildlife Conservation Commission (FWC). Our client submitted to field sobriety exercises and a breath test with the machine, returning a result over the legal limit of .08.

On January 10, 2024, a HSMV Field Hearing Officer with the Bureau of Administrative Reviews in Tampa, FL, entered an order invalidating an administrative suspension. The administrative suspension occurred after a DUI arrest by a deputy with the Hillsborough County Sheriff’s Office. The case involved a breath test reading over .08. The hearing officer determined that there was insufficient evidence to support the suspension.

Our client was originally charged with Driving Under the Influence under Fla. Stat. Section 316.193 in Hillsborough County, FL. We filed a Motion to Exclude Blood Alcohol Results. In order to avoid a hearing on the motion, the State offered our client a reduced charge of Reckless driving. On January 18, 2023, our client entered a plea to the reduced charge of Reckless Driving, avoiding a DUI conviction and any DUI sanctions.

Our client was charged with Boating Under the Influence, under Fla. Stat. Section 327.35 in Hillsborough County. We filed a Motion to Suppress based on no reasonable suspicion for a BUI investigation and no probable cause for a BUI arrest. The motion proceeded to a full hearing before Judge Conrad where the arresting officer testified, as well as our client. After considering the evidence presented and the argument from our attorney, Judge Conrad ruled in our favor and agreed that there was no probable cause to arrest our client for BUI. Our attorney then orally moved to dismiss the entire case based on ruling that excluded all evidence in the case. Judge Conrad again agreed and granted the Motion to Dismiss. Our client successfully avoided any criminal charges or BUI sanctions on January 25, 2024.

On February 14, 2024, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews in Tampa, FL, issued a final order on the results of the formal review hearing. In the order, the hearing officer determined insufficient evidence to support the suspension because the arresting officer, a Sumter County Sheriff’s Office deputy, failed to appear. As a result, the six (6) month administrative suspension for having a BAC of .08 or above was invalidated.

Our client was formally charged with Boating Under the Influence in violation of Fla. Stat. Section 327.35 in Pasco County, FL. We contacted the State several times to highlight problems with their case, specifically the complete lack of evidence. We also provided an independent drug test indicating that no substances had been ingested by our client. After two trial continuances, the State ultimately agreed to Nolle Prosse the charge on February 22, 2024.