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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.
Molly was charged with a DUI while on her way home on I-95 after a night out with her friends in Las Olas. With our dedicated assistance, she was able to get her DUI charged dropped to reckless driving.
After a tumultuous breakup with her boyfriend, Molly could not have imagined a worse way to end her night than to have it spent at Broward County jail with a pending DUI charge. As a registered nurse, such a charge meant the possibility of having her license revoked or suspended.
During a dinner with her friends, Molly received the devastating news that her boyfriend had been cheating on her. Heartbroken and clearly distraught, Molly’s friends decided to accompany her to a local bar in the hopes of helping her get her mind off things. While there, Molly did in fact drink, but was mindful to limit herself to just 1 and a half, knowing that she would later be the designated driver for the night.
After a couple hours spent trying to cheer herself up, Molly finally began her journey home, only to then be pulled over on I-95 by Officer James Carter, a Fort Lauderdale Police DUI Unit Officer. Officer Carter, who had been following Molly since her departure from the bar, informed Molly that he had pulled her over for failing to maintain a single lane. He then went on to dismiss Molly after she explained that her GPS use was most likely the cause of her driving pattern.
Despite never actually inquiring as to whether or not she had drank that night, Officer Carter then asked Molly to step out of her vehicle. Officer Carter did not, however, inform Molly that the reason for his request was because he intended to conduct a DUI investigation.
Officer Carter then called in Officer Nathan Stoner of the FLPD DUI Task Force in order to provide backup. Officer Carter indicated on his report that he witnessed signs of imbalance as Molly attempted to exit her vehicle, but video evidence from his and Officer Stoner’s body cameras proved otherwise.
Molly was then asked to perform Field Sobriety Exercises and to provide a breath sample, which she refused to consent to unless she was able to discuss the matter with her lawyer beforehand. Officer Carter denied her the option of legal counsel, and then arrested her on the spot, claiming that without her performance of the two tasks he would be forced to base his DUI charge decision off of the “evidence” he had so far.
Molly calmly accepted her arrest, knowing that though she was denied a lawyer then, she would be consulting with us soon enough.
The strategy for this DUI case centered around a key witness in the booking jail that Molly was placed into shortly after her arrest. The witness testified that she observed zero signs of alcoholic impairment when she interacted with Molly. And this testimony, paired with the inconsistencies between Officer Nathan Stoner’s and Officer Carter’s report and bodycam footage was enough to convince State Attorneys to drop the DUI charge.
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Rossen Law Firm
