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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.
We were able to successfully reduce Courtney’s DUI charge to a Reckless Driving charge.
Courtney was arrested on December 22, and was worried that no attorney would be available to meet with her during Christmas time. Courtney was referred to us by a coworker, and decided to reach out despite her situation. We took Courtney’s call on Christmas Eve and met with her in the office the day after Christmas. Courtney was extremely happy and appreciative of our efforts to put her first even in the midst of the holidays.
Courtney E. was at her work’s holiday party where she had two drinks before leaving to drive home from Fort Lauderdale. As she was driving, Trooper Randy Rojas of the Florida Highway Patrol decided to follow Courtney on her route, waiting for her to tense up and make a mistake. Once Courtney minorly swerved into the right lane, correcting herself immediately, Trooper Rojas turned on his sirens and conducted a traffic stop. Trooper Rojas reported that Courtney leaned on his vehicle for support the moment that she got out of the car, but never checked off and indicated the incident as a clue that Courtney was impaired in the Drug and Alcohol Influence Report. Trooper Rojas also deliberately did not turn on his remote microphone, leaving no way to prove the legitimacy of his report. Courtney refused both the field sobriety exercises and breath test, and was placed under arrest for driving under the influence.
Because Trooper Rojas intentionally did not turn on his microphone during his interaction with Courtney, there was no way for anyone to determine what was said during the exchange. In response, we filed a motion to dismiss due to the lack of preservation of evidence. This would allow for a jury to infer the audio and decide for themselves what most likely would have taken place. We also relied on the video of the incident from Trooper Rojas’ car, which contradicted everything that he said in the report. We took the deposition of Trooper Rojas, and while grilling him, he admitted to us that his job was to drive around looking for DUI’s, not to patrol the highway like in his job title. This admission helped us prove that Trooper Rojas was originally following Courtney, waiting for her to make a mistake.
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Rossen Law Firm
