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Second DUI and Car Crash in Wilton Manors Dismissed by South Florida Defense Attorneys

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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.

Second DUI and Car Crash in Wilton Manors Dismissed by South Florida Defense Attorneys

Second DUI with a Car Crash Gets Dismissed in Wilton Manors by Broward County Defense Lawyers

Outcome of Wilton Manors DUI Case:

 

Our Motion to Suppress was Granted by the Judge and the case was dismissed. Elvin walked away with no charges of a DUI against him despite the car crash and blowing a .187, over twice the legal limit.

Client Concerns about Wilton Manors DUI Charge:

This was Elvin’s second DUI within the last 5 years.  Elvin is a flight attendant and was facing certain termination from the job he loved.

If convicted of a Second DUI within 5 years,  Elvin was looking at mandatory jail, a 5 year license suspension, a breathalyzer in his car and a whole host of other mandatory penalties.

Facts on Wilton Manors DUI Case:

Elvin J. was parking in a shopping plaza in Wilton Manors, Florida, and put too much pedal to the metal which resulted in him accelerating over the parking spot onto the curb where the bushes are. Witness called 911 out of concern. As police officers approached the scene, Elvin stayed in his vehicle.

The first police officer checked if there were any injuries and confirmed that Elvin as well as all people in the vicinity were fine. As the second officer approached the vehicle, he immediately went into a DUI investigation.

Elvin was extremely nervous and didn’t feel comfortable speaking in English.  The second officer was quite intimidating. Elvin was fully compliant but struggled with the Field Sobriety Exercises.  He failed all of them and was arrested for DUI.

Elvin was transported to the BAT (Breath Alcohol Testing Facility) where he was asked to give a breath test.  Elvin blew .187 which is over twice the legal limit!

Strategy of Attack on Wilton Manors DUI Case:

We immediately spotted a major missing link with this investigation and Elvin’s arrest. This missing link is the car key. Since the officers did not witness the crash, they have to prove Elvin was in Actual Physical Control of the vehicle. To prove this,  Elvin must have been behind the wheel with the key inside the vehicle and readily capable of operating the vehicle.

Fortunately for Elvin, there was no key found inside the vehicle with him, or in his hand when approached by officers. The only key present on scene was on the roof of the car next to a phone, and no officer took it upon himself or herself to check if this mysterious key was in fact Elvin’s by putting it inside the ignition of the vehicle.

Knowing the prosecutor would have trouble proving Actual Physical Control, we filed a Motion to Suppress the evidence based on the illegal detention and DUI investigation.

We were able to have the investigation officer to admit that he never observed the vehicle in motion and not able to remember where the keys were when he observed Elvin behind the wheel.

Facing Driving Under the Influence Charges in South Florida? We Offer Free Consultations.

Call our office to schedule an appointment for a free consultation:

Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
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Attempted Murder
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How We Win
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
Google Reviews
kevin tabronkevin tabron
00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
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