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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.
Reynaldo was going down Sunrise Boulevard in Fort Lauderdale when he accidentally lost control of his vehicle and drove up a curb. Despite having committed no traffic violation, nor causing any damage to either his vehicle or public property, Reynaldo nevertheless found himself in the middle of a police investigation that ended with an unwarranted DUI arrest. After seeking our services, however, Reynaldo was able to get his DUI charge reduced to reckless driving.
Not yet a citizen of the United States, Reynaldo could not afford to have a criminal record. A DUI conviction would have dire consequences on his immigration status, and held the strong possibility of deportation. For Reynaldo, who had been residing in the U.S. for over 20 years, this was extremely distressing.
Reynaldo had gotten into an altercation with an employee at a local bar that resulted in a serious injury to his face. After leaving the establishment, Reynaldo realized that he had forgotten his prescription glasses, and began to make his way back to retrieve them.
At some point, Reynaldo found himself stopped at a red light on Sunrise Boulevard. Having had transmission issues that caused a significant delay in his vehicle’s acceleration, Reynaldo was forced to press all the way down on his gas pedal to get his vehicle to begin moving. Unfortunately for Reynaldo, his transmission issues combined with the wet roads, resulted in a temporary loss of control of his vehicle that quickly transitioned into a jump up a curb, and an entry into a nearby field.
Officer Ras of the Fort Lauderdale Police Department, who had watched the whole scene unfold from a nearby gas station, immediately made his way over to check up on Reynaldo.
But what initially began as a kind gesture, very quickly took a turn for the worse. Despite having committed no offense that would have required him to stay on the scene, Reynaldo nonetheless found himself a part of a police investigation.
Concerned about his own safety, Reynaldo dialed 911 in the hopes of receiving reassurance about his situation, and to verify the identity of the officers before him. He was then threatened with an extra charge (“misuse of 911”) for doing so. Sergeant Jonathan Bohm, of the Fort Lauderdale DUI Unit, then went on to request (not once, but four times) that Reynaldo submit to a Field Sobriety Test. Reynaldo refused, alongside a request for a breath sample. He was thereafter arrested by Sergeant Bohm on a DUI charge.
The strategy for Reynaldo’s case centered around conflicting testimony provided by each of the officers on the scene. In order for an officer to make an arrest for a DUI, the arresting officer first needs to observe all the elements sufficient to establish probable cause. Yet, as recorded in the testimony of both Officer Ras and his backup officer, Officer Maupin, neither reported having observed the typical signs of alcohol impairment. Sergeant Bohm thereby made his decision of a DUI arrest off of what State Attorneys would agree, was insufficient evidence. Reynaldo’s DUI charge was thereafter dropped, and he remains grateful that we could help ensure that he continues to reside in the country that he has spent almost half his life in.
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Rossen Law Firm
