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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.
The day before the trial, the prosecutors reduced Brad H.’s charges to a reckless driving charge
Brad is very intelligent, and is extremely savvy with computers and coding. Brad has never been arrested before, and he was worried that he was racially profiled during the arrest. Brad was also terrified of jail and the police, and did not want to be labeled a criminal.
Brad was driving home from downtown Fort Lauderdale when he was pulled over by a Florida Highway Patrol Trooper for driving without any headlights or taillights on. Brad got out of the vehicle at the request of the Trooper, and answered all of his questions truthfully. Brad agreed to complete the standard field sobriety exercises as part of a DUI investigation, telling the Trooper that he had problems with his knee. Brad completed the horizontal gaze nystagmus and attempted the walk and turn, but could not complete the exercise because of his knee. Counting this as an indicator of impairment, the Trooper arrested Brad and charged him for Driving Under the Influence.
Brad was very nervous and scared on video, and we used that to our advantage to show that he was not drunk. When talking to the Trooper Brad was very professional, and we were able to show that he did not slur his speech and that he could speak without any signs of impairment. We also challenged the Trooper, since he was waiting to arrest people leaving downtown Fort Lauderdale. The Trooper had messed up the video, with certain portions of the audio being cut out. We also took depositions of the people involved in the case and found contradictions between their statements. Even worse, we caught the Trooper bragging about the overtime that the DUI unit receives for making arrests.
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Rossen Law Firm
