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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
After we filed the motion to suppress, the prosecutor negotiated with us to drop the charge to reckless driving. Gerard didn’t want to go to trial and was extremely happy to take the reduced charge and move on with his life.
Gerard was afraid of losing his license, going to jail, and having a DUI on his record.
Gerard D. was passed out at a traffic light in Oakland Park. Bystanders had called the police, who were delayed in responding to the call because of another traffic crash in Fort Lauderdale. By the time police, who were members of the DUI task force, arrived on scene, fire rescue had already pulled Gerard from the vehicle. Police proceeded to conduct a DUI investigation while Gerard was sitting in the back of an ambulance. The cop noted in her report that she observed red/glassy eyes, slurred speech, and that he reeked of alcohol. Gerard was then arrested for DUI.
We filed a motion to suppress for illegal arrest. The fire rescue team members are not sworn police officers. When the cop arrived on scene Gerard was already out of the vehicle, meaning the cop never saw him behind the wheel of the car. Because he wasn’t in actual physical control of the vehicle, there was no basis for conducting a DUI investigation. During depositions the cop lied that she arrived in time to see him behind the wheel. But we dug deeper to prove she was lying. The cop had never provided video footage from her body camera, but we tracked it down and the footage proved she never saw Gerard behind the wheel.
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Rossen Law Firm
