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Case Results
Case No.: 6319XAE
Allegations: DUI: my client was traveling north on collins avenue in surfside, Dade County. he was going 50 in a 30 zone and weaving in and out of traffic. he cut in front of a patrol car at a red light. he stumbled out of his car and nearly fell on numerous occasions during the roadside tests. he said, “I am drunk,” and, “I feel the effects of alcohol.” He initially agreed to take a breath test but was accused of not blowing properly on purpose.
Results: Not Guilty by Jury
Case No.: 6319XAE
Allegations: DUI
Results: Acquitted by Jury. Defended by Lloyd H. Golburgh.
Case No.: 95-13677MM10A, Broward County
Allegations: DUI Charge in Broward County; Blew twice the legal limit.
Results: Acquitted by Jury on May 8, 1996. Defended by Lloyd H. Golburgh.
Case No.: 96 3426MM10A, Broward County
Allegations: DUI Charge in Broward County.
Results: Acquitted by Jury on October 14, 1996. Defended by Lloyd H. Golburgh.
Case No.: 95-28806MM10A, Broward County
Allegations: Charge of DUI in Broward County
Results: Acquitted by Jury on May 19, 1997. Defended by Lloyd H. Golburgh.
Case No.: 96 001777MM10A, Broward County
Allegations: DUI Charge in Broward County; Blew over legal limit.
Results: Acquitted by Jury on July 9, 1997. Defended by Lloyd H. Golburgh.
Case No.: 96 24333MM10A, Broward County
Allegations: DUI Charge in Broward County.
Results: Acquitted by Jury on October 15, 1997. Defended by Lloyd H. Golburgh.
Case No.: 97 13307MM10A, Broward County
Allegations: DUI Charge in Broward County.
Results: Acquitted by Jury on February 10, 1998. Defended by Lloyd H. Golburgh.
Case No.: 96 13196MM10A, Broward County
Allegations: DUI Charge in Broward County.
Results: Acquitted by Jury on February 10, 1998. Defended by Lloyd H. Golburgh.
Case No.: 96 13196MM10A, Broward County
Allegations: DUI Charge in Broward County; Blew over legal limit.
Results: Acquitted by Jury on April 1, 1998. Defended by Lloyd H. Golburgh.
Case No.: 98 4982MM10A, Broward County
Allegations: Charge of DUI in Broward County.
Results: Acquitted by Judge on November 18, 1998. Defended by Lloyd H. Golburgh.
Case No.: 98 26343MM10A, Broward County
Allegations: Charge of DUI in Broward County.
Results: Acquitted by Judge on June 1, 1999. Defended by Lloyd H. Golburgh.
Case No.: 98 6515MM10A, Broward County
Allegations: DUI Charge in Broward County.
Results: Acquitted by Jury on July 7, 1999. Defended by Lloyd H. Golburgh.
Case No.: 99 19397MM10A, Broward County
Allegations: Charge of DUI in Broward County.
Results: Acquitted by Jury on April 17, 2000. Defended by Lloyd H. Golburgh.
Case No.: 99 12762MM10A, Broward County
Allegations: DUI Charge in Broward County.
Results: Acquitted by Jury on May 16, 2000. Defended by Lloyd H. Golburgh.
Case No.: 99 31743MM10A, Broward County
Allegations: Charge of DUI in Broward County.
Results: Acquitted by Jury on October 24, 2000. Defended by Lloyd H. Golburgh.
Case No.: 01 1610CF10A, Broward County
Allegations: Charge of Battery in Broward County.
Results: Acquitted by Jury on November 28, 2001. Defended by Lloyd H. Golburgh.
Case No.: 01 1610CF10A, Broward County
Allegations: Charge of Aggravated Assault With a Firearm in Broward County.
Results: Acquitted by Jury on November 28, 2001. Defended by Lloyd H. Golburgh.
Case No.: 01- 017552MM10A, Broward County
Allegations: Charge of DUI in Broward County; driving without headlights, smelled of alcohol, failed roadside tests, and blew over legal limit.
Results: Acquitted by Jury on March 20, 2002. Defended by Lloyd H. Golburgh.
Case No.: 01 9990MM10A, Broward County
Allegations: of DUI in Broward County; blew over legal limit.
Results: Acquitted by Jury on February 27, 2002. Defended by Lloyd H. Golburgh.
Case No.: 575441-X, Dade County
Allegations: DUI: my client was going 76 in a 45 on US1 in Miami. He smelled of alcohol, admitted drinking, had slurred speech, failed five roadside sobriety tests, refused a breathalyzer, and submitted the officer a receipt showing he had almost a $1,000.00 bar tab.
Results: I moved for a directed verdict after the close of the state's case. I argued that the state never established that the person arrested by the officer was the same person sitting next to me at counsel table. In other words, I argued that the state never proved that my client was indeed the person who committed the DUI on the night of the arrest. The judge granted the motion and directed a “not guilty” verdict in favor of my client before it went to the jury. After the trial, members of the jury initiated contact with me and told me that they were going to acquit anyway. Defended by Lloyd H. Golburgh, Esq.
Case No.: 03-030574TCA-02, Palm Beach County
Allegations: DUI: My client crashed into the back of another vehicle. He fled the scene and was seen driving in an erratic and very fast manner by an officer with the Delray Beach Police Department. After going air-born over the railroad tracks, my client was stopped by the police. He smelled of alcohol, admitted to drinking, and was severely impaired. He failed the roadside sobriety tests and was arrested. He refused the breathalyzer test.
Results: Acquitted by the JURY after just twenty-two minutes of deliberation on Tuesday, February 1, 2005. Defended by Lloyd H. Golburgh, Esq.
CASE NO.: 412719-X, DADE COUNTY
Allegations: DUI. My client was pulled over by Officer Jerry Davenport of the Miami Dade Police Department for a broken tail light. He smelled alcohol on my client’s breath, noticed his eyes to be blood-shot, his face to be flushed and his speech to be slurred. He said my client failed five field sobriety tests, admitted to having five drinks and blew a .091 and .076 on the Intoxilyzer breath test machine.
Results: I offered the state the opportunity to reduce the charges to reckless driving; however, they were adamant that they could get a conviction. The jury was out deliberating for thirty minutes before coming back with a unanimous “not-guilty” verdict. While I was walking out of the courthouse, one of the jurors approached me and asked me for my business card. He told me that they had a verdict immediately, but stayed in the jury room so it appeared that they actually had to deliberate. Defended by Lloyd H. Golburgh, Esq.
Case No.: 03-10438-MM10A, Broward County
Allegations: DUI: My client was speeding (76 in a 40) on McNab road in Broward. He smelled of alcohol, had blood-shot eyes, admitted drinking, did poorly on the roadside sobriety tests, and blew a .13/.14 on the breath testing machine.
Results: acquitted by the JURY after just five minutes of deliberation on Wednesday, September 29, 2004. Defended by Lloyd H. Golburgh, Esq.
Case No.: 03-025051MM10A, Broward County
Allegations: DUI: My client turned on to Oakland Park Blvd. and almost struck a patrol car at around 1:00 a.m.. The officer had to hit his breaks and go into the other lane to avoid a crash. My client smelled of alcohol, had blood-shot eyes, a distinct sway while standing and admitted to drinking. He ‘did poorly’ on the roadside sobriety exercises and was arrested. He refused the breathalyzer test.
Results: acquitted by the JURY after just ten minutes of deliberation on Wednesday, June 30, 2004. One of the jurors told me after the trial that they would have come back with their NOT GUILTY verdict after just one minute of deliberation, but they felt an obligation to stay in the jury room for at least a few minutes. Defended by Lloyd H. Golburgh, Esq.
Case No.: 02-12838CF10A, Broward County
Allegations: Escape: My client assumed the name and identity of another cell-mate, including his social security number and jail ID number and tried to get released under the assumed person’s name.
Results: acquitted by the JURY after just seven minutes of deliberation on Wednesday, June 9, 2004. Four different corrections deputies looked at the picture of the person who was scheduled for release. Even though my client looked nothing like the man in the picture, with the exception of the fact that they were both black, all four deputies said my client was the person who was supposed to leave the jail that day because he answered all of the questions about the other man's identity correctly. The jury did not like the fact that the department of corrections relies on the honesty of the inmates in determining whether they are to be released from custody. Defended by Lloyd H. Golburgh, Esq.
Case No.: 051281W, Dade County
Allegations: (1). DUI with property Damage to a vehicle; (2). DUI with property damage to a concrete barrier owned by Dade County; (3). Straight DUI; (4). Leaving the scene of an accident with property damage; (5). No proof of insurance. My client left Joe Robbie Stadium after the Monday Night Football game between the Dolphins and the Eagles. As he left the parking lot, he struck another’s car, hit and moved a concrete barrier, struck a metal fence, almost ran over several officers and civilian pedestrians. He fled towards the turnpike before being stopped by an officer. He smelled of alcohol, had blood-shot eyes, slurred speech and a flushed face. He refused both the roadside tests and the breath test after being arrested by Officer Paul Terry of the Miami Dade Police Department.
Results: acquitted by the judge on the dui property damage counts, the leaving the scene of the accident count and the ‘No proof of insurance' count. Acquitted by a JURY on the DUI count. The jury took almost four and a half hours to reach their Not- Guilty verdict on 05/12/04. Defended by Lloyd H. Golburgh, Esq.
Case No.: 02-20615CSANO, 02-9279BHXASP, 02-20616CFANO, Pinellas County
Allegations: Felony Fleeing and Eluding and DUI. My client was pulling his boat along 62nd Avenue in Pinellas County. Deputy J. Durett said he was failing to maintain a single lane and speeding. He turned on his blue lights at 34th street but my client failed to stop. Two and one half blocks later at Haines Blvd., Deputy Durett turned on his siren, but my client again refused to stop. After traveling another five blocks at 45 miles per hour, my client turned left at 25th street and pulled over. He smelled of alcohol, had slightly slurred speech, blood-shot and watery eyes, and problems with his dexterity. He told the officer he had two sips of whiskey to warm himself up as it was very cold and he was wet from boating. Deputy Durett read him his rights, told him he could have an attorney, and arrested him for fleeing and eluding because he didn’t stop for the lights and siren. Sgt. Luben arrived and conducted a dui investigation. My client asked for the lawyer Deputy Durett said he could have. Sgt. Luben told him he could not have a lawyer during the DUI investigation. My client refused all testing.
Results: My client was acquitted by a jury in thirty minutes on 02/25/04. Defended by Lloyd H. Golburgh, Esq.
Case No.: 03-001869MM10A, Broward County
Allegations: DUI. My client was stopped by Officer Gordon of the Sunrise Police Department for failing to maintain a single lane, stopping and starting abruptly, and squealing his tires. He smelled of alcohol, had blood-shot eyes, a flushed face, slurred speech, and admitted to drinking three scotch-and-waters at Goldfinger’s. He failed the field sobriety tests and refused to take the breath test.
Results: acquitted by jury in six minutes on 09/30/03. Defended by Lloyd H. Golburgh, Esq. (a member of the jury initiated contact with me in the hallway of the parking garage and requested my business card after the trial was over).
Case No.: 03-003806TC10A, Broward County
Allegations: Leaving Scene of an Accident with Injuries andor Property Damage. My client was accused by two people of running his truck into one of them while the guy was on his bike. They accused my client of causing the bicyclist to catapult on to the second guy’s Camaro Z-28. The bicyclist complained of injuries.
Results: Through effective cross-examination, I was able to discredit both witnesses; acquitted by jury in thirteen minutes on 09/29/03. Defended by Lloyd H. Golburgh, Esq.
Case No.: 03-1588MM10A, Broward County
Allegations: Domestic Violence: Battery. Client accused by ex-girlfriend of grabbing her arm outside a restaurant, throwing her to the ground, and banging her head against a wooden pillar. I was able to show, through cross-examining the ex-girlfriend, that she started the whole thing and initiated all physical contact with my client.
Results: acquitted by JURY in twenty minutes on 08/19/03. Defended by Lloyd H. Golburgh, Esq.
Case No.: 02-CR7334, Leon County
Allegations: DUI. Client going 68 in a 35 zone; smelled of alcohol, admitted to drinking, failed roadside tests and had a .14 blood alcohol level.
Results: After twice tried to hung juries, state finally conceded and broke the case down to reckless driving; no DUI conviction and no driver license revocation. July 23, 2003. Defended by Lloyd H. Golburgh.
Case No.: 02-7101MM10A, Broward County
Allegations: DUI. Client was going north on I95 at 10 mph and failing to maintain a single lane. He was stopped by a Broward Sheriff’s Deputy and smelled of alcohol, had blood-shot eyes, a flushed face, and slurred speech. He failed one-leg-stand and just stared at the officer when asked to do the walk-and-turn test. He refused to continue and refused a breath test.
Results: acquitted by jury in ten minutes on 06/30/03. Defended by Lloyd H. Golburgh, Esq.
Case No.: 02-CR7334, Lean County
Allegations: DUI. Client going 68 in a 35 zone; smelled of alcohol, admitted to drinking, failed roadside tests and had a .14 blood alcohol level.
Results: Second trial resulted in a hung jury. No conviction. April 28, 2003. Defended by Lloyd H. Golburgh.
Case No.: 01-11155CF10A, Broward County
Allegations: (1). DUI, (2). Felony Possession of Oxycontin, (3). Possession of marijuana. Client traveling at 100 mph on I-95, locking up his brakes, and almost losing control as he exited the ramp on 10th street. He smelled of alcohol, had a flushed face, was spaced out and had difficulty standing. He had six Oxycontin tablets in his pocket and a partially smoked marijuana cigarette in his ashtray. He failed the roadside sobriety tests and refused to give a breath test. At the police station, he fell off the bench he was placed on by the police.
Results: acquitted by jury at trial on all three counts on 04/15/03. Defended by Lloyd H. Golburgh, Esq.
Case No.: 01-015578MM10A, Broward County
Allegations: DUI. Client seen by officers traveling at 80 mph and fish-tailing as he made turns. He smelled of alcohol, had slurred speech, blood-shot and watery eyes, and swayed as he stood. He told one officer he had too much to drink and told another he had only three beers. He refused to give a breath sample.
Results: acquitted by jury in twenty-five minutes on 04/09/03. Defended by Lloyd H. Golburgh, Esq.
Case No.: 02-4787CF10A, Broward County
Allegations: Three (3) counts of DUI with property damage or personal injury. Client rear-ended one vehicle, which rear-ended a second vehicle, which rear-ended a third vehicle. He smelled of alcohol, had slurred speech, blood-shot and watery eyes, was dazed and confused, and staggered while walking. He refused a breath test and left the scene of the accident.
Results: acquitted on all three DUI counts by a jury at trial on 03/04/03. Defended by Lloyd H. Golburgh.
Case No.: 02-CR7334, Leon County
Allegations: DUI. Client going 68 in a 35 zone; smelled of alcohol, admitted to drinking, failed roadside tests and had a .14 blood alcohol level.
Results: hung jury after two hours of deliberation; no conviction. February 10, 2003. Defended by Lloyd H. Golburgh.
Case No.: 02-1175MM10A, Broward County
Allegations: Client collided head-on with a Broward County Metro Bus. She smelled of alcohol, had slurred speech, blood-shot and watery eyes, and was dazed and confused. She had a can of Natural Ice beer in her purse. She was transported to the hospital and refused to give a blood sample.
Results: Acquitted by jury in five minutes. Tuesday, January 28, 2003. Defended by Lloyd H. Golburgh.
Case No.: 02-2162MM10A, Broward County
Allegations: Charge of DUI in Broward County.
Results: Hung Jury (Jury couldn't agree on verdict); Case dropped to reckless driving – No DUI conviction); November 13, 2002. Defended by Lloyd H. Golburgh.
Case No.: 06-17392MM10A, Broward County
Allegations: DUI. My client was eastbound on Sunrise Blvd. in Broward County at 75 mph in a 40 mph zone. He appeared very lethargic, smelled of the strong odor of alcohol and had bloodshot and glassy eyes. He admitted to “3 or 4 beers about a half hour ago.” He declined the officer’s request to perform roadside sobriety tests and the breath test without the advice of his attorney.
Results: Prior to picking a jury, the state attorney's office offered my client a reduced charge of reckless driving. He accepted the offer and was not convicted of DUI and maintained his driver's license.
Case No.: 06021623MM10A, Broward County
Allegations: Two Counts: 1: DUI; 2: Resisting/Obstructing without violence. My client sped westbound on Oakland Blvd. in Broward County at 57 mph in a 35 mph zone. He crossed the lane divider line to his right one time and weaved a little in his lane. These last two allegations occurred after the officer ‘overtook’ my client’s vehicle. My client smelled of alcohol, had red and glassy eyes, and slurred speech. He used his vehicle to help lift his body from the vehicle. He wasn’t given walk-and-turn or one-leg-stand because his knee had been crushed in a prior accident at a night club four years earlier. He failed the finger count, finger-to-nose, and standing balance and was arrested. He refused the officer’s order to enter the patrol car and was charged with resiting without violence. At the police station, he refused to take the breath test.
Results: Not Guilty on both counts.
Case No.: 06-002823MM10A, Broward County
Allegations: Battery: Victim alleged my client punched him in the face after a verbal altercation at the track. The alleged victim had three eye-witnesses testify on his behalf. My client maintained that the alleged victim threw the first punch.
Results: Not Guilty by Jury.
Case No.: 06-006643TCA04, Palm Beach County
Allegations: DUI with personal injury. My client ran a stop sign and struck a motorcyclist who sustained minor injuries. According to the arresting officer who admitted he had no training, education, or experience administering road-side sobriety tests to 69 year-old men, my client was so impaired that he could not stand without assistance, and his performance on the roadside tests was extremely poor. However, he looked sober on video and blew a .07 on an Intoxilyzer Breath Machine.
Results: Hung Jury. No Conviction. The panel, all women, was split down the middle…three guilty, three not guilty. We shall defend the case again.
Case No.: 06-000448CT, St. Johns County
Allegations: DUI with property damage. My client was traveling southbound on avenida menendez in St. Augustine, Florida. as he approached the 90 degree turn to go west on St. Francis, he failed to negotiate the turn, struck the wall on the south side of the street, ricocheted off the wall and attempted to leave the scene. He smelled of alcohol, had blood-shot eyes, and slurred speech. He failed the roadside tests and refused a breath test. An unopened 12-pack was found in his trunk and 5 cans were located in a cooler on the passenger-side floor board.
Results: Not Guilty. The jury took an hour to decide the case, and despite what i thought was a very conservative jury, they acquitted.
Case No.: 06-007767MM10A, Broward County
Allegations: DUI: my client was asleep in his car adjacent to a park. He had turned the engine off, removed the key from the ignition, and placed it on the passenger seat next to him. He opened the driver’s side door, put his feet on the ground, and went to ‘sleep it off.’
Results: not guilty in 28 minutes. Before trial, the prosecutor actually taunted me…she came up to me before jury selection and asked me, “are you really going to try this?” she was convinced she was going to get a conviction. The judge also told me it was a gutsy move to try this case….everyone but the jury expected a conviction.
Case No.: 502006CT034722AXXXSB, Palm Beach County
Allegations: DUI and Leaving the Scene of an Accident: My client is alleged to have been involved in an accident where her car ended up stuck on a median in Palm Beach County. Unable to get the vehicle un-stuck, she allegedly ran away while wearing what witnesses described as a “white dress or Toga.” My client told the police that “an unknown white male” was driving her car when it crashed. She smelled of alcohol, had red and bloodshot eyes, was unsteady on her feet and would cry hysterically and then stop. Her roadside sobriety tests were terrible and she admitted she was not sober and ‘had a shot.’ She agreed to take the breath test and blew a .15 on the Intoxilyzer 8000.
Results: I immediately spoke with the prosecutor in charge of filing formal charges before the arraignment date and convinced the prosecutor that the state would not be able to prove that my client was the driver of the vehicle; i.e., they ‘couldn't put her behind the wheel,' a required element of the crime of DUI. The state agreed and declined to file any formal charges.
Case No.: 05-2429MM10A, Broward County
Allegations: Driving Under the Influence: My client was accused of cutting off a patrolman, smelling of alcohol, and admitting to drinking three beers. His eyes were bloodshot and his face was flushed. He failed the field sobriety tests and was arrested. He blew over the legal limit.
Results: Not Guilty by Jury. The breath test results were suppressed from evidence at trial because the breathalyzer failed its calibration check. The video tape showed my client wasn't impaired. The jury took all of three minutes to come back with a ‘not guilty' verdict.
Case No.: 05-022955MM10A, Broward County
Results: Not Guilty. The jury returned a verdict within 20 minutes of retiring to deliberate. Because he was handicapped, arresting officer John Dorland chose not to administer any kind of field sobriety test or exercise and decided not to use his available in-car video/audio equipment to capture my client's appearance or manner of speech.
Case No.: 05-9555MM10A, Broward County
Allegations: Battery. My client was accused of punching another driver after the two pulled over following a traffic-related incident.
Results: I was able to convince the jury that there was no evidence beyond a reasonable doubt as to who hit whom first. It took them 15 minutes to find my client “not guilty.”
Case No.: 05-006002CF10A
Allegations: Count I: Aggravated Assault with Firearm. Count II: Battery. My client held a gun to his wife’s head and threatened to kill her because she came home late. He grabbed her, held her in a bear-hug, and knocked her key out of her hand.
Results: Not Guilty. The jury deliberated for only twenty minutes before returning with an acquittal.
Case No.: 06-004387CF10A, Broward County
Allegations: Felony DUI (third offender) and reckless driving. My client was speeding and dodging in and out of traffic in order to get to the HardRock Cafe and Casino in Hollywood. He smelled of alcohol, had blood-shot, droopy eyes, slurred speech, and was lethargic and had difficulty standing without assistance. He elected not to take the field sobriety tests and was arrested at which time he declined law enforcement’s request to take the breath test.
Results: The jury acquitted my client of the more serious DUI charge but convicted him of reckless driving. The prosecutor had offered an 18-month prison sentence in exchange for a ‘guilty' plea to both charges. My client's maximum exposure was 5 years in state prison on the felony charge and 90 days in the county jail on the reckless driving charge. He received a sixty-day county-jail sentence.
Case No.: 05-013458MM10A, Broward County
Allegations: Operating his boat while under the influence to the extent that his normal faculties were impaired. The boat collided with a “day” marker after dark at the Hillsboro inlet and caused massive damage to the 35-foot SeaRay. He smelled of the odor of alcoholic beverage, had blood-shot eyes, swayed while he stood, and failed the roadside sobriety tests.
Results: Not Guilty….I was able to show the jury that it was necessary for my client to take control of the boat after the crash, regardless of his state of sobriety, while the actual driver (as testified to by all the officers involved) surveyed the damage to the boat and recovered from his initial shock.
Case No.: Expunged, Broward County
Allegations: Possession of Cocaine: My client failed to use a turn signal while making a left onto Sunrise Blvd. in Broward County. He, a white man, had been observed driving through a predominantly black neighborhood in the middle of the night and conversing with a black man, a known neighborhood drug dealer, who was standing outside my client’s car. The officer observed my client drive around the block and meet the known drug dealer in front of the drug dealer’s house and go inside. The officer observed my client come outside about fifteen minutes later and drive away. The officer stopped my client for the alleged turn signal violation and confronted my client about buying drugs. My client denied any drug involvement and Canine officers arrived. Upon a positive alert by the Canine officer, crack cocaine was located in the rear flap of the passenger seat. My client was arrested for possession of cocaine.
Results: The filing prosecutor knew the turn signal law (other traffic has to be affected in order for an officer to effect a traffic stop for failing to use turn signal) and agreed that he wouldn't be able to prosecute as the cocaine evidence would have been suppressed due to an illegal traffic stop. As the result, the filing prosecutor declined to file any criminal charges. I then had my client's arrest record expunged.
Case No.: 03-5462 Mm10 A, Broward County
Allegations: DUI and RECKLESS DRIVING: my client went from the outside lane of travel south bound on I95 to the inside HOV lane and sped up to 99 mph. he smelled of alcohol, had blood-shot eyes, and a very flushed face. He admitted to drinking and failed the roadside sobriety tests. He declined the officer’s request to take a breath test.
Results: Not Guilty on both counts in the information.
Case No.: 04-026615MM10A, Broward County
Allegations: my client was doing 63 in a 35, smelled of alcohol, had blood-shot eyes, a flushed-face and admitted to drinking scotch. He failed the roadside tests and blew over the legal limit of a .08 or above.
Results: Not Guilty…the jury was out deliberating just twenty minutes before returning the not-guilty verdict…the state's witnesses testified, during my cross-examination, that they didn't know if my client was over the legal limit at the time of driving.
Case No.: 05-011201MM10A, Broward County
Allegations: My client made an illegal u-turn, was speeding and weaving within the lane. She admitted to having four beers, had blood-shot eyes, a flushed face and smelled of alcohol. She failed roadside tests and refused to take the breath test.
Results: Not Guilty by Jury…because she elected not to take the breath test, there was reasonable doubt as to whether she was under the influence TO THE EXTENT that her normal faculties were impaired.
Case No.: 05-006466MM10A, Broward County
Allegations: DUI: my client was traveling too closely to the vehicle in front of him and had his auxiliary lights too bright. He smelled of alcohol, had blood shot eyes, a flushed face, and admitted to drinking. He failed the roadside tests and blew over the legal limit. He had seven open “mini” bottles of liquor in the car.
Results: Motion to Suppress was Granted and the state dropped the charges.
Case No.: 04-008868MM10A, Broward County
Allegations: My client was travelling on Federal Highway at 59 mph in a 35 mph zone and used a left turn lane to pass four vehicles in the thru lane, was slow to pull over for the officer, smelled of alcohol, denied drinking, had blood-shot eyes and refused to perform any tests.
Results: The arresting officer testified in trial that he did not observe any mental or physical impairment of my client. The jury was out a total of 9 minutes before coming back with a “not-guilty” verdict.
Case No.: 4433XDY; Dade County, Judge Edward Newman; October 11, 2011
Allegations: My client was accused of failing to yield the right of way to a police officer, running a red light, smelling of alcohol, having slurred speech, failing roadside sobriety tests and blowing a .077//084 breath alcohol level on an Intoxilyzer 8000 breath test machine.
Tools: Jury Trial. This is a case that should not have been prosecuted. My client's performance on the roadside tests was actually good. The breath test results had ‘built-in' reasonable doubt. The jury understood that when one sample was below the legal limit, and one sample was above the legal limit, you cannot convict in a ‘beyond a reasonable doubt' system. They acquitted my client of all charges within twenty minutes of the beginning of their deliberations.
Case No.: 08-26644MM10A; Broward County, Judge Melinda Brown; March 29, 2011
Allegations: DUI. My client was accused of failing to maintain a single lane and almost side-swiping a patrol car. He was accused of consuming alcohol, failing the roadside sobriety tests, and refusing to submit to a breath test.
Case No.: 2009CT031574A, Palm Beach County, Judge F. Castor, May 11, 2010
Allegations: DUI. My client was accused by Palm Beach County Deputy J. Cooke of failing to maintain a single lane and in the process almost striking another vehicle and then his patrol car as he pulled next to her to determine if she were on the cell phone. After affecting a traffic stop, Deputy Cooke said my client first denied drinking, but quickly admitted that she had been drinking ‘about five hours ago.’ He said her speech sounded slurred, she smelled of alcohol, and had blood-shot and glassy eyes. As the result of all he had seen to that point, he determined a DUI investigation was necessary and called for Trooper Roberts of the Florida Highway Patrol to respond. Upon his arrival, Trooper Roberts said he made the same observations of my client that Deputy Cooke did and requested that she perform roadside sobriety tests. When she exited her vehicle, she was leaning against it most of the time. My client declined to participate and was immediately arrested. On video back at the police station, my client was offered a breath test, but declined to take one without first having the opportunity to speak with an attorney before making the decision.
Case No.: 2008CT035885A, Palm Beach County, Judge P. Evans, April 14, 2010
Allegations: DUI. My client was accused by Officer Mayernik of the Jupiter Police Department of running a stop sign, failing to maintain a single lane, and driving under the influence of alcohol to the extent that her normal faculties were impaired. He wrote a report in which he said my client admitted drinking, smelled of the odor of alcohol, had bloodshot and glassy eyes, slurred speech, and performed poorly on the field sobriety tests.
Case No.: 2008CT4858ASB, Palm Beach County, Judge P. Moyle, March 24, 2010
Allegations: DUI with property damage. My client is alleged to have crashed into an occupied patrol car in front of the Delray Beach police Department. Within a couple of minutes, Officer Daisey Darocha arrived to assist Officer Ferreri, who was driving the patrol car my client is alleged to have hit. Also arriving within minutes (this crash was just outside the police department on Atlantic Avenue) were about four or five other Delray Beach Police Officers and EMT/Paramedics from the Delray Beach Fire Department. Officer Ferreri accused my client of driving west bound on Atlantic Avenue in the far right lane. He said he was stopped in the center median getting ready to head west as well when he spotted my client suddenly leave her lane of travel and head straight for his patrol car hitting it’s right front bumper with the left rear wheel of her car. Officer Darocha, now with the married name, “Addea,” testified that my client immediately exited her car (after it had careened off of Ferrari’s patrol car and into a tree) and “spontaneously uttered,” “I usually never drink, I was out with the girls, my husband is out of town.” She said my client was ‘severely’ impaired, had slurred speech, could barely stand, and admitted to drinking. She had my client whisked away to the hospital where blood was drawn resulting in a .097 blood-alcohol reading.
Case No.: 08-021913MM10A, Broward County, Judge J. Lazarus, August 19, 2009
Allegations: DUI (second offense outside five years). On September 12, 2008, my client was seized by Officer Hamilton of the Plantation Police Department after he responded to what he knew to be ‘some kind of disturbance.’ Officer Hamilton arrived to find a group of people in the street of a residential neighborhood. Upon his arrival, Officer Hamilton, who had activated his overhead lights, observed no disturbance nor any crime being committed. He approached my client, who was entering her vehicle, because she was closest in proximity to where he was at the time. His purpose at that time was to ‘see what was going on.’ At that time, Officer Hamilton told my client not to go anywhere and to ‘tell him what happened.’ Upon Officer Hamilton’s order to my client ‘not to go anywhere,’ my client was not free to leave. After seizing my client, Officer Hamilton observed about her characteristics he believed were consistent with impairment. My client was ultimately arrested for DUI by Officer Mason of the Plantation Police Department. Because Officer Hamilton had no information with respect to the commission of any crime, his seizure of my client was without the requisite reasonable suspicion or probable cause needed to effect a fourth amendment seizure. There are three levels of police encounters with citizens for the purpose of legal fourth amendment seizures. They are, (1) consensual encounters, for which no reasonable suspicion is necessary; (2) “Terry” stops, which require reasonable suspicion to believe criminal activity is afoot; and (3) Probable cause to arrest. See Popple vs. State, 626 So.2d 185 (Fla. 1993). The order by Officer Hamilton to my client ‘ not to go anywhere’ was a seizure as her freedom to leave was curtailed. Because at the time of the detention of my client, Officer Hamilton had no information with respect to the commission of any crime, his seizure of her was illegal. As the result, all evidence seized as the result was suppressed. The state was forced to drop the DUI charge. Defended by Lloyd H. Golburgh, Esq.
Case No.: 08-26526MM10A, Broward County, Judge K. Ireland, August 3, 2009
Allegations: DUI (second offense outside of five years of the prior). My client is alleged to have run a steady red light while north-bound on Federal Highway at Commercial Blvd. in Fort Lauderdale. He smelled of alcohol, had blood-shot eyes, and after an initial denial, admitted to having a beer or two ‘hours ago.’ He politely declined to perform roadside sobriety tests and was arrested. After that, he declined the request for a breath test. All of this occurred on video. We announced ready for trial, but on the morning of, the state attorney’s office agreed to ‘break the case down’ to a reckless driving charge. The DUI went away and my client kept his driver’s license. He will have to pay fines, court costs, do community service and be on probation for six months.
Case No.: 7748-XE, Dade County, Judge M. Ortiz, July 27, 2009
Allegations: DUI with Property Damage: My client is alleged to have backed into a parked car at a Gas Station on Miami Beach. There were no witnesses and the officer who arrived on scene could not establish my client behind the wheel. Although she allegedly admitted to the officer that she was indeed the driver of her car at the time of the crash, he did not read to her the Miranda rights. Therefore, her statement was privileged and inadmissible against her in court. Because the state could not otherwise establish my client as the driver, one of the necessary elements of the crime, they were forced to drop the charges completely.
Case No.: 08-00065MM10A, Broward County, Judge F. Berman, February 26, 2009
Allegations: DUI. My client is alleged to have been speeding in Broward County on New Year’s Eve. Deputy Ira Marrich of the Sheriff’s Office said he smelled alcohol on my client and noticed that his eyes were red and watery. My client admitted to having a drink. He made no observations that were actually consistent with impairment. Nonetheless, he detained my client for over 30 minutes awaiting the arrival of a DUI task force deputy. Once Deputy DeJesus arrived, he arrested my client for DUI. I filed a motion to suppress, arguing that because Deputy Marrich observed nothing about my client to suggest he was actually impaired by the alcohol he drank, the 30-minute detention was unreasonable and violative of my client’s right against unreasonable seizure. I presented authority in the form of prior case-law to the Judge, and he agreed with my position. He granted the motion to suppress all evidence gained as the result of the illegal detention, and the state was forced to drop the DUI charge. Defended by Lloyd H. Golburgh, Esq.
Case No.: 07028438MM10A, Broward County
Allegations: DUI: My client is alleged to have failed to maintain a single lane on Atlantic Blvd. causing a Margate Police Officer to take evasive action. He smelled of alcohol and had blood-shot and glassy eyes. He failed the roadside tests and was arrested. He was then offered a breath and/or urine test. He refused.
Results: The state agreed to reduce the DUI charge to Reckless Driving. My client was not convicted of DUI nor did he suffer the license suspension that accompanies it
Case No.: 07008397MM10A, Broward County
Allegations: DUI: My client is alleged to have run a red light in Coconut Creek. She smelled of alcohol and had red/watery eyes. According to the arresting officer, she was unsteady on her feet, performed poorly on the roadside tests, and was arrested. A second officer arrived just before the arresting officer was finished with his investigation and conducted the HGN (eye movement) test. Although he had a camera in his car, he chose not to turn it on because, due to the late stage of the investigation by the first officer, “it would have been frivolous” to turn it on at that point. My client was transported to the Coconut Creek police department where she met yet another officer who offered her a breath test. She refused citing a lack of trust in the accuracy of the Intoxilyzer.
Results: The state agreed to change the charge to Reckless Driving. The DUI ‘went away' and the Judge withheld adjudication. My client avoided a conviction completely, and had only to complete 50 hours of community service and pay a fine.
Case No.: 4246 Dno, Dade County
Allegations: Driving Against License Restrictions. My client was alleged to be driving for social reasons rather than for a business purpose despite the fact that he had only a business-purpose license. Officer Star Eugene of the Miami Dade Police Department stopped my client for going 100 mph in a 55 mph zone. She said my client looked disheveled and ‘like he had been partying.’ This took place at 11:30 at night. Based only on these facts, Officer Eugene charged my client with driving against his business purpose restriction.
Results: The day of trial, the state dropped the charges. I convinced them that they had no evidence that my client wasn't coming from work. Even though it was late at night, he was leaving his Music Studio which was under construction. The state agreed that they couldn't prove my client wasn't coming from work.
Case No.: 07046576TC10A, Broward County
Allegations: Leaving the Scene Of An Accident With Property Damage: my client backed his van into another van at Publix in Weston and drove away to the Home Depot across the street and went inside to shop. When he came out, Sheriff’s deputies informed him that he had been in a hit-and-run in the Publix parking lot. My client had no idea he had bumped the car behind him when he backed up, but he offered to pay the victim for his damages.
Results: Not guilty. Because the only evidence presented through the bag-boy was circumstantial at best, the law prohibits the state from gaining a conviction unless it's evidence EXCLUDES all reasonable hypotheses of innocence.
Case No.: 07021110MM10A, Broward County
Allegations: DUI: Officer A responded to a dispatch call reference some kind of domestic disturbance. Upon his arrival, he met with two Hispanic males. One spoke no English and the other very little. The officer spoke no Spanish. The male who spoke very little English was attempting to translate for the male who spoke none. The officer testified at deposition that he had only gathered from the two men, “something about the defendant driving away with the man’s keys and that she may have been drunk or drinking.” The officer radioed for another officer to stop my client’s vehicle. That second officer testifed that he had no information specific to any crime nor observed any infraction when he received the order from the first officer to stop my client’s car. Once the stop was made, my client was arrested for DUI. The arresting officer requested that my client submit to a breath, urine, or blood test. She refused all such testing.
Results: The state attorney graciously conceded the legitimacy of the motions and offered my client a reduced charge of “reckless driving.” The state agreed to withhold adjudication (no conviction for anything). My client accepted that offer. She received no conviction and maintained her driver's license.
Case No.: 2007CT034067, Palm Beach County
Allegations: DUI: My client is alleged to have driven for about 300 yards with her right-side tires on the grass swale adjacent to the roadway after leaving a restaurant. She smelled of alcohol, had bloodshot/glassy eyes, and admitted to drinking alcohol. Her speech was slurred and she kept trying to grab her cell phone from the officer. She refused to participate in roadside sobriety tests and was arrested. At the police station, she was offered a breath test and refused. However, she immediately rescinded her refusal and agreed to take the breath test. The officer already wrote her for a ‘refusal to take the breath test’ and wouldn’t allow her to take the test.
Results: At the hearing on my motion to suppress, I was able to establish that my client legally rescinded her refusal to take the breath test, so the Judge granted the motion to suppress evidence of the ‘refusal to take the breath test.' The state attorney then offered my client the reduced charge of ‘reckless driving,' which she accepted. She was not convicted of DUI and her license was never suspended.
Case No.: To Be Expunged, Broward County
Allegations: DUI: My client was sleeping in his car with the engine running in a bank parking lot in the middle of the night in Broward County. He smelled of alcohol, his eyes were bloodshot and glassy, his face was flushed, and his speech was slurred. He failed the roadside sobriety tests and was arrested. After arrest, he withdrew his implied consent to submit to a breath test.
Results: After hearing the testimony during the hearing on my motion to suppress of the first officer to make contact with my client, the judge agreed that the officer observed no evidence of a crime and had no legal right to detain my client further. She granted the motion to suppress and excluded all evidence obtained as the result of the illegal detention. The state declined to appeal the decision and dropped all charges. I am proceeding to seek the expungement of my client's arrest record.
Case No.: 06-19660MM10A, Broward County
Allegations: DUI: My client went through the stop sign at SE 15th Street and S. Federal Highway in Broward County. He then stopped in the middle of Federal Highway and then backed up, traveling westbound in the eastbound lane. He then conducted a U-turn and was pulled over. He smelled of alcohol, had bloodshot and glassy eyes and very slurred speech. He admitted, “I had a couple of drinks and I’m going home.” He was very slow and uncoordinated, unsteady on his feet, and twice stumbled while walking. He denied chewing gum even though he was. He declined the officer’s request to perform roadside sobriety tests and declined to take a breath test.
Results: On the morning of trial, I convinced the state that, although the video tape of my client's appearance could have been better for our case, it wasn't as dramatic as the allegations in the police report. The state attorney offered my client a reduced charge of reckless driving, and he accepted it. He was not convicted of DUI and maintained his driver's license.
Case No.: 07-000008MM10A, Broward County
Allegations: DUI: My client was asleep in her car on the roadway in the left turn lane on Flamingo Road in Broward County. The keys were in the ignition, the car was running and in park. Law enforcement woke her up, smelled alcohol on her, observed her to mumble and exhibit difficulty with her balance. When the officers asked her to submit to roadside sobriety tests, she replied, “fuck you,” and was arrested. She refused the breath test.
Results: Not Guilty by jury. In order to prove DUI, Florida law requires the state to establish beyond a reasonable doubt that my client was driving or in actual physical control of a vehicle while under the influence of alcohol to the extent that her normal faculties were impaired. Actual physical control is defined as being in or on a vehicle AND having the capability to operate the vehicle even if she wasn't at the time of the alleged offense. I argued that, because she was asleep in the car, there was no way she could have had the capability to operate the vehicle. The jury took 42 minutes to acquit. Defended by Lloyd H. Golburgh.
Case No.: 06-16743MM10A, Broward County
Allegations: DUI: A BSO deputy observed my client’s vehicle blocking traffic at railroad tracks on Griffin Road in Broward County in the early morning hours. My client was asleep in the driver’s seat with the seat reclined and the engine running. It took the deputy several attempts to wake my client. Once my client awoke, he attempted to drive away. My client smelled of alcohol, was very unsteady on his feet and did not say anything or do anything in response to the officer’s questions or commands. His eyes were bloodshot and his face was flushed. He failed the roadside sobriety tests and was arrested. He withdrew his consent to submit to a breath test.
Results: On the morning of trial, the state attorney's office offered the reduced charge of reckless driving. My client accepted the offer and the state changed the DUI charge to Reckless Driving.
Case No.: 06-24963MM0A, Broward County
Allegations: DUI: My client was driving in the grass on his left side of the roadway, then went back to the right almost striking the officer’s patrol car. He then drove down the middle of the roadway. He went through his wallet four times passing his license on each attempt to produce his documentation. He smelled of alcohol, his eyes were watery and bloodshot, he had slurred speech and slow movements. He denied drinking and agreed to perform roadside sobriety tests. The officer said he performed poorly and was arrested. He withdrew his consent to take the breath test.
Results: The morning of trial, the state attorney offered a reduced charge of reckless driving and agreed to withhold adjudication on even that charge. My client was charged only court costs. The video tape taken at the breath alcohol testing facility was inconsistent with the officer's description of my client. Also, the officer had been injured in an accident and could not recall meeting my client let alone make observations of him consistent with an impaired driver.
Case No.: 06-17048MM10A, Broward County
Allegations: DUI: My client was south on Federal Highway in Broward County. She was driving very slowly, seven to ten mph, and swerving severely into the center lane and almost hitting the sidewalk several times. She smelled of alcohol, had bloodshot eyes and slurred speech, and admitted to consuming several glasses of wine over a three-hour period. She had difficulty exiting her vehicle and almost fell before catching herself on the driver’s side door. She failed the roadside tests and blew a .181 on the Intoxilyzer breath test machine.
Results: The state offered a reduced charge of reckless driving before I had the opportunity to argue the motion. My client accepted the offer and was not convicted of DUI. She also was able to maintain her driving privilege.
Case No. 12002450CF10A; Broward County, Judge L. Porter, January 31, 2013.
Allegations: Grand Theft. My client was a baggage handler accused by a fellow baggage handler of stealing from passenger luggage.
Case No. 13004313MM10A; Broward County; Judge O Levine, July 24, 2013
Allegations: DUI, Reckless Driving, and Resisting Arrest Without Violence.
Case No.: 12022799MM10A; Broward County; Judge G. Lerner-Wren; September 16, 2013
Allegations: DUI, speeding
Tools: Motion to Suppress Evidence that my client mis-counted while performing the one-leg-stand test.
Result: Once I began to play the DVD of the investigation that took place on the roadway, and the Judge and the Prosecutor watched the arresting officer being fed the exact directions, word-for-word, for the roadside tests by his training officer, literally like a ventriloquist, the state agreed to reduce the DUI to a reckless driving. My client was not convicted of DUI and his license was not suspended by the court.
Case No.: 14014365MU10A, Broward County, Judge M. Solomon; January 23,2015.
Allegations: Driving Under the Influence of Alcohol with a breath alcohol level above a .20.
Tools: Jury Trial. Despite the high breath alcohol level, my client did not look at all impaired on video at the breath alcohol testing facility. That, coupled with disinterested testimony from the arresting officer and voltage irregularities with the Intoxilyzer, the jury believed there was plenty of reasonable doubt with respect to my client’s culpability. Specifically, the Intoxilyzer aborted it’s own diagnostic process about a week and a half before my client took her breath test. Then, the voltage irregularity occurred again, the day after my client took her breath test. The Sheriff’s Office’s agency intoxilyzer inspector took the Intoxilyzer out of evidentiary service and sent it off to the FDLE for repair without first conducting her agency inspection. This was a violation of the FDLE rules that the jury would not excuse.
Results: NOT GUILTY after 30 minutes of deliberation.
Case No.: 14001426MU10A, Broward County, Judge O. Levine; March 2,2015.
Allegations: Driving Under the Influence of Alcohol and Reckless Driving.
Tools: Motion to Suppress. The trooper was alarmed because my client was driving in a careless way. It was very late at night and there were no cars on the road. My client, a young adult, was admittedly running red lights and stop signs as he navigated back roads towards his girlfriend’s house. About as soon as the trooper gave chase, my client pulled into a parallel parking space in front of his girlfriend’s place. The trooper immediately pulled up behind my client, exited his vehicle, and pulled and pointed his gun right at my client’s face as my client exited his car. As the trooper closed in on my client physically, he grabbed my client, turned him around, and placed him under arrest. When my client asked why he was being arrested, the trooper told him, “dui is one of them.” Post arrest, the trooper said he smelled alcohol on my client and asked him to take a breath test. My client refused. I moved to suppress the refusal to take the breath test because there was no probable cause to establish that my client had consumed alcohol to the extent that his normal faculties were impaired. The court agreed and suppressed the allegation that my client refused to take a breath test. The state then agreed to drop the DUI and withhold adjudication on the reckless driving charge.
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