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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.
Camila was charged with a DUI shortly after leaving downtown Fort Lauderdale. With our representation, she was able to evade the severe penalties associated with a DUI, and get her charge reduced to reckless driving. She now rests easy, finally able to put the stress of having to navigate a legal case during a pandemic behind her.
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Like many who face the uncertainty and confusion of having to deal with an unexpected DUI charge, Camila initially felt overwhelmed. If Camila had accepted her original DUI charge offer, she could have been facing a minimum of a 6 month probation, a conviction that would remain permanently on her record for 75 years, and a stigma that could potentially follow her for a lifetime (affecting both her future employment and social relationships).
Camila was driving west down Broward Blvd in Fort Lauderdale after a night out with friends. At some point during her travel, Camila began to notice a Fort Lauderdale police vehicle following close behind her. Figuring that her cellphone use may have influenced her driving, Camila was not too surprised when the officer eventually pulled her over. What she did not expect during that encounter, however, was to be suspected of drunk driving and subjected to a Field Sobriety Test.
Camila was initially intimidated by Officer Fithian, but was confident that she was not drunk and therefore had nothing to fear. As a result, Camila submitted to the Field Sobriety Exercises. But before partaking (and over again throughout the entirety of her multi-test performance) Camila warned the officer that she was off-balance because she had vertigo. The officer, however, misunderstood Camilia, thinking that she was saying that she was “on-balance” and “vertical” due to her accent.
Unfortunately for Camila, a language barrier, along with inattentive behavior on the part of the officer, kept her from being able to relay those concerns successfully. That same language barrier, combined with her balance disorder, then went on to affect her ability to follow through with her given instructions, thereby factoring in to her eventual arrest.
Not wanting to be penalized simply for being a non-native English speaker, Camila eventually began an online search hoping to find the best DUI lawyer Broward County had to offer. Having found us immediately in those results, she very quickly set up a free strategy session.
The strategy for fighting Camila’s DUI case focused heavily on Officer Fithian’s testimonial. The bodycam footage revealed that a lot of what the officer recorded in his incident report did not align with video evidence. The footage further demonstrated that the officer repeatedly failed to employ the proper investigation techniques needed for the elimination of false-positive DUIs. Such negligence, coupled with Officer Fithian’s extensive service and membership in the Fort Lauderdale DUI Task Force Unit, led to a defense that questioned his credibility and motive.
This defense was never put before a jury, however, as Camila’s case was brought to a close before even reaching trial. Her hard fought battle ended with her desired outcome of a reduction in charge.
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Rossen Law Firm
