Reviews On
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.
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.
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.
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!
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.
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Rossen Law Firm
