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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 get Natalie’s charges completely dropped. Natalie was free and able to graduate college and start her successful career.
Natalie was a college student and worried this would prevent her from getting a good job when she graduated. She didn’t want to be branded a criminal or a drunk.
Natalie O. was at a concert in South Beach when she entered a parking garage to get into her car. As she was leaving, Natalie backed into another car in the lot. A security guard stopped Natalie and she puked while getting outside the car. Natalie was wobbly and almost fell over. The security guard called the cops, who conducted a DUI investigation and arrested her for Driving Under the Influence.
After talking to Natalie, we were told that there were cameras in the parking lot that should have captured the incident. We drove down to South Beach to look at and take pictures of the cameras, which would have shown everything on tape. At the formal review hearing, we took the statement of the officer on scene, who said that there were cameras and that he asked the security guard to send it to him but they never did. Since we could not get access to the cameras from that night, Natalie was nervous that the court would believe what the cops said and not what was on video.
The prosecutors filed a motion at the pretrial ruling that the defense could not bring up the lack of video, which the judge granted on the spot. Because the lack of video made up the majority of the case, we were granted a continuance and depositions to talk to the security guard. On the day of the deposition of the security guard, he never showed up, so we filed a ruled to show cause and held the guard in contempt for not appearing.
Next, we decided to subpoena the employment records for the security guards on the night of the incident and found another officer from the same shift. We called her and she remembered the case and told us that there were no instructions to preserve the video from the police officer. She also said that she watched the video with the arresting officer while Natalie was doing the field sobriety exercises, and if he had asked to download the video it would have been in his hands in 10 minutes.
We decided to depose this security guard to get this information on record, and the prosecutor did not show up. This allowed us to ask questions about the police rather than our client and proved that the cop perjured himself
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Rossen Law Firm
