March 8th, 2011: DUI Trial(3rd DUI mandatory jail)-Verdict: NOT GUILTY

On December 6th,2009, the South Palm Beach Police Department arrested my client for DUI.  They alleged that he failed to yield to traffic almost causing an accident by turning in front of a marked police cruiser.  When the officer made contact with the driver he noticed the driver had the "distinct odor of an unknown alcoholic beverage."  The driver's eyes were also glassy and bloodshot.  He also had a flushed appearance consistent with alcohol intoxication.  The driver admitted to having drank "about five beers."  The officer then asked the driver to perform some field sobriety exercises, which my client refused to do.  The driver was arrested and taken to the Palm Beach County Jail's Breath Alcohol Testing Facility(BAT center).  It was alleged that once at the jail my client became hostile and uncooperative screaming profanity at the officers.  It was then that my client refused to submit a sample of his breath.  This was my client's third arrest for DUI, having two prior convictions in Virginia. 

The case was originally set for trial on January 25th, 2010, and, in fact, we tried the case.  A jury panel was selected and the opening statements had been completed.  However, during the testimony of the State's first witness the arresting officer made an improper comment on my client's right to remain silent.  I moved for a miss-trial and Judge Cohen granted it.  Thus, the case was set for re-trial on March 8th, 2011.

On March 8th, 2011, we were before Judge Damico.  We agreed to wave Jury Trial and have a Bench Trial or Non-Jury Trial.  This is a strategic decision to have a Judge decide the case verses a Jury of 6 citizens.  The State presented the police officer who made the arrest, I cross examined the officer.  The Defense put on one witness and my client exercised his 5th amendmentright to remain silent.  The Judge found my client NOT GUILTY.   

February 17th, 2011. Felony Charge of Grand Theft Dropped by State

In April 2009, my client was alleged to have stolen over $2,000.00 from Macy'sDepartment store in an insider theft conspiracy.  She was arrested and charged with Grand Theft, a third degree felony.  Following negotiations her case was placed on the absentee docket.  Then on February 17th, before Judge Smith, the State Attorney filed a Nolle Prosse abandoning prosecution and dropping the case.   

February 16th, 2011: Racing on Highway Charges Dropped.

On October 17th, 2010, the Palm Springs Police Department arrested and charged my client with Racing on a Highway.  We negotiated to have the charges dropped for my client agreeing to attend a driving school class.  On February 16th, 2011, before Judge Evans, the State Attorney dropped the charge.

December 8th, 2010: DHSMV returned and re-instated client's License

On October 31st, 2010, the Palm Beach County Sheriff arrested our client for DUI.  The Department of Motor Vehicles moved to suspend his license for 12 months because it was alleged that he refused to give a sample of his breath. 

Our office demanded a formal review of the administrative suspension to challenge the suspension.  That hearing was set for December 3rd, 2010.  Prior to the hearing, the two deputies involved in the arrest were subpoenaed as well as all documents that would be admitted. 

On December 3rd, one deputy failed to appear and the paperwork admitted in his absence was deficient.  A motion was made to invalidate the suspension.  On December 8th, the DHSMV entered a final order returning our client's license: "there was insufficient evidence to support the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances."

September 23rd, 2010: All Charges Dropped (Domestic Battery-Aggravated Assault-Child Abuse)

On August 4th, out client was arrested by the Palm Beach County Sheriff for: 1-Domestic Battery, 2-Child Abuse, and 3-Aggravated Assault with a Deadly Weapon.

The Deputies had been called out to the residence regarding a family dispute.  This was a argument between a father and his 16 year old son that had gotten out of hand.  The deputies ultimately arrested the father.

Our office was retained and communications began with the State Attorney's office regarding the circumstances surrounding what really happened that night.  Following this, the State found that "based upon the totality of the circumstances and further contact with the victim, the State declines to file charges at this time."  All charges were dropped.      

August 10th, 2010: Careless Driving(remaining count from dropped DUI) Dismissed by Court.

My client was involved in an accident that resulted in him being charged with DUI.  The State dropped the DUI following a series of Motions.  The remaining infraction was sent to traffic court.  That ticket was then dismissed as well.

August 5th, 2010: Client entered Diversion Program, All Charges dropped.

On December 12th, 2009 my client was eating at the Cheesecake Factory in Boca Raton.  She got into a dispute with the bartender and manager.  She was asked to leave and the manager called the police.  When the police arrived my client and the police began to argue.  They claim she was intoxicated and yelling obscenities at the officer.  This escalated, according to the Boca Raton Police officers, into a physical altercation where she pushing a Sargent.  The officers then attempted to arrest her.  In the process of handcuffing her she fought with the officers kicking one.  She was initially charged with two(2) counts of Battery on a Law Enforcement Officer(both felonies), Trespass after Warning, and Resisting Arrest without Violence.      

My office was retained and we began our investigation.  I ordered the internal reports on this incident from the Boca Raton Police Department.  I also had a hearing where the Judge granted my motion to force the Cheesecake Factory to turn over video tapes. 

The Assistant State Attorney agreed to drop the Felony charges againt my client on January 11th, 2010.  The two remaining charges were then set to County Court as Misdemeanors.  The case was then set for Trial on May 27th, 2010.  On the day of Trial the Assistant State Attorney agreed to drop all charges so long as my client completed the 60 day diversion program.  Client completed division and all charges dropped.  

July 23rd, 1020: Judge Miller Reistated Client's Probation After Violation

My client was placed on probation for Dealing in Stolen Property and False Vverification of Ownership.  While on probation the Department of Corrections violated him for being kicked out of a half-way house as part of a drug treatment program. 

According to the sentencing guildlines my client scored out to a minimum sentence of 36.45  months for the violation.  This was due to his lengthy criminal history.  The Assistant State Attorney made a plea offer of 60 months.

The case was set for a Final Hearing.  At that hearing the State presented the Probation Officer, and the Director of the treatment center who kicked him out.

The Defense presented three witnesses on his behalf.  They each testified about my client, what they knew about his treatment program, and why he shouldn't be sent to prison.

I argued in closing that he should not be sentenced according to the guidelines, but instead have his probation re-instated to allow him another chance.  Judge Miller agreed and released him, placing him back on probation.

May 25th, 2010: 3rd DUI charged dropped by the State.

 On July, 22nd, 2009, Florida Highway Patrol Troopers responded to the scene of a single car accident on the Turnpike in Palm Beach County.  They met with a witness, who was a Federal Custom's Agent.  He told the Troopers that he witnessed the vehicle pass him at a extremely high rate of speed.  The driver then lost control and spun, striking a pole shearing the vehicle nearly in half.  The Custom's Agent told the Troopers that the driver fled the scene toward the overpass.  The Agent gave a description of the driver.

Another trooper was dispatched to attempt to locate the driver.  The tag from the vehicle was run and it came back to be owned by my client.  The officers also had a photo ID from his Driver's License found on scene.  The trooper found an individual walking in a parking lot nearby that fit the description given and who answered to his name. 

This Trooper said my client was stumbling, had slow and slurred speech.  His eyes were described as red and glassy and the Trooper detected a moderate order of alcohol on his breath.  The driver was then placed in the patrol car and taken back to the accident scene. 

At the accident scene another officer then began a DUI investigation.  His observation were the same regarding his appearance, but said my client was unsteady on his feet and staggered around.  He failed all the Field Sobriety Exercises according to the Trooper.  My client was then arrested and taken to the Breath Testing Facility.  He refused to give a sample of his breath, and was charged with DUI.

The Assistance State Attorney charged this as a third DUI.  The plea agreement from the State was 120 days in jail and a ten(10) year revocation of his License, along with other conditions.

On October 07, 2009, I filed a Motion to Suppress all statements made by my client.  That was set for November 6th, 2009.  On that day, the Judge granted the Motion to Supress and prevented the introduction of any admissions or testimony from my client.

The case was set for Trial on June 2nd, 2010.  One week before trial I got a call from the Assistant State Attorney.  She then filed a "Nolle Prosse" on May 25th, 2010, and all charges were dropped. 

May 24th, 2010: Driving with License Suspended charges dropped.

On October 16th, 2009 my client was stopped by the Greenacres Police Department.  The officer arrested him and he was charged with Driving with a Suspended License.  His license had been suspended for five(5) years as a habitual traffic offender.  The Assistance State Attorney's plea offer was jail. 

On March 22nd, 2010, I filed a Motion to Take the Deposition of the arresting officer.  The Judge granted this motion and signed an Order requiring the officer to attend.  The deposition of the officer was set for April 20th, 2010 and he testified.  Immediately following the deposition, in fact that same day, I drafted and filed a Motion to Suppress all evidence.  A hearing was set for this Motion on May 24th, 2010. 

On May 24th, the day the hearing was set, the Assistance State Attorney agreed to drop the charge. 

April 26rd, 2010: State dropped Illegal Possession of 25 Xanax pills.

On November 11th, 2010 my client was searched following an incident at Walmart on Belvedere Rd.  The officers found a bottle that that contained 25 Xanax pills and arrested her for Possession of Schedule 4 Substance and Unlawful Possession of Prescription Drugs.  The Assistant State Attorney agreed that the search was illegal and dropped all charges.    

April 22nd 2010: Possession of Marijuana Dropped by State Attorney

On November 22nd, 2009, an officer of the Boynton Beach Police Department pulled over my client's vehicle for an alleged traffic infraction.  When he spoke with the driver he detected the smell of marijuana coming from inside the vehicle.  He then ordered everyone out.  The vehicle was searched and a baggie of marijuana was found.  The driver, my client, was charged with possession of that controlled substance and arrested.

Based upon these allegations, I filed a Motion to Dismiss all charges on March 12, 2009.  The grounds for this motion were based on Florida law requirements that the State must show either actual possession or constructive possession.  Since the marijuana was not found on my client's person the State must prove constructive possession.  Those elements are: an individual must have dominion and control of the area the drugs were found and have knowledge of their illicit nature.  Because the drugs were found in his vehicle with passengers present and he made no admission that it was his, it would be impossible for the State to establish proof of constructive possession.  The State dropped all charges on April 22, 2010. 

April 5th, 2010: Charge of DUI reduced to Reckless driving

On May 27th, 2009 my client was arrested by the Palm Beach Police Department.  The State alleged the following happened that night:  The police officer observed a silver honda driving down several different streets and ran the red light at the intersection of Sunset Ave and North County Road.  The officer pulled over the car and spoke with the driver.  The strong smell of alcohol was coming from the driver.  When asked what he had been doing my client admitted to drinking at a bar.  According to the officer my client did not perform well on all the Field Sobriety Exercises.  Based upon all these facts the officer arrested my client.  On the way to the Breath Alcohol Testing Facility he admitted to drinking 8 beers.  When asked to give a breath sample my client refused and then asked to speak with an attorney

The Palm Beach Police have in-car cameras that normally record all events in any traffic stop or DUI investigation.  In this case, there was a problem with the camera.  The Law Office of Robert Norvell filed a motion requiring the Palm Beach Police Department to explain why the video was not properly preserved.  This was granted and the police could not give a good reason.  Additionally, at the Formal Review Hearing Mr. Norvell got the officer to admit that he didn't remember everything all that well and that the camera would be the best source for what exactly happened and what our client looked like

On Febuary, Mr. Norvell filed a Motion to dismiss based upon the case of Bennett v. State.  In that case, a Judge dismissed a DUI where video evidence was not preserved in the arrest.  The facts of that case were not exactly the same but similar enough.  The State Attorney in our case, fearing that the Court might dismiss the case agreed to drop the charges to Reckless driving and even withheld adjudication.  Thus my client did not have his license suspended and kept a clean record without even any points. 

January 18th, 2009: Client's vehicle returned after Sheriff's Office attempted to Forfeit it.

On December 8th, 2009, the Palm Beach County Sheriff arrested our client for Possession of Cocaine.  The Sheriff's Office then gave formal notice of their intent, under Florida Contraband Forfeiture Act, Sections 932.701-706, to seize and forfeit his vehicle.

Robert Norvelland Associates filed a demand for an Adversarial Preliminary Hearing to challenge this action.  The sheriff's office responded with an offer to release the vehicle for $3,000.00. 

Our office rejected that offer and set the case for hearing.  Again the Sheriff sought to resolve the matter before the hearing dropping their offer to $1,200.00.  This too was rejected.

Finally, right before the hearing the Sheriff reluctantly agreed to return the client's vehicle for $750.00.  Our client agreed and got his car back that day.

January 15th, 2010: Probation Re-instated, No-Jail, and No Felony Conviction

On January 27th, 2009 our client was placed on probation here in Palm Beach County for three cases: 1) Robbery by Sudden Snatching, 2) Robbery by Sudden Snatching, and 3) Grand Theft.  These cases carried a total maximum penalty of 15 years prison. 

In September, our client tested positive for drugs.  The probation officer filed an affidavit and Circuit Judge Miller signed a No-Bond warrant for her arrest.

Robert Norvell spoke with her probation officer and delayed the filing for a short time so that our office could organize a surrender time and date.  Mr. Norvell also reached an agreement with the Assistant State Attorney to release her at her first hearing.  Thus, she turned herself in and was released the next day following appearance before Judge Miller. 

On January 15th, we appeared before Judge Miller for sentencing.  Mr. Norvell had reached an agreement with the Assistant State Attorney to re-instate her probation with no jail as a consequence.  She also remained conviction free and the period of probation was not extended. 

January 6th, 2010: Client's License Reinstated after prevailing at Administrative Hearing

On November 25th, 2009, An officer from the Boca Raton Police Department responded to an accident on St. Andrews Blvd.  When he arrived the driver was out of the vehicle.  He did not notice any smell or odor of an alcoholic beverage nor any signs of impairment.

However, A supervisor arrived and according to his police report made observations that led him to believe our client might be under the influence: eyes red and bloodshot, slurred speech....  That officer asked our client to perform Field Sobriety Exercises which according to the officer he did poorly.  He was then arrested and transported him to the Palm Beach County Breath Test Facility at the jail.

The breath test was offered and our client refused.  The Law Offices of Robert Norvell filed a demand for a formal review with the Department of Motor Vehicles.  The formal review hearing was set for December 31st, 2009.  At the hearing the Boca Raton Police could not establish that our client was actually behind the wheel.  Nor could they reconcile why one officer did not observe any signs of impairment while another could.  A motion was made to invalidate the suspension by Mr. Norvell and the Hearing officer held: "there was insufficient evidence to support that the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle." 

January 5th, 2010: State dropped all charges againt client

On October 20th, our client was arrested by the Palm Beach County Sheriff's deputy and charged with two counts: 1) Aggravated Battery (using a deadly weapon), and 2) Child Abuse.  After two weeks of discussions between our office and the State Attorney's Office the felony charges were dropped and one count of Simple Battery filed. 

Our office did not waive speedy trial.  Thus, the case must be tried before the deadline of January, 20th,  2010.  With that date fast approaching, the State dropped the remaining charge against our client on January 5th, 2010. 

December 15th, 2009: Violation of Probation dismissed, probation terminated as successful

Our client had been placed on probation on June 16th, 2009.  In the first week of November, she was alleged to have tested positive in two drug screens.  The probation officer filed an affidavit alleging this and Judge Bosso-Pardo issued a no-bond warrant for her.

We set a hearing date with the Court and made a motion to recall the warrant.  After negotiations with the Assistant State Attorney, they agreed to not object to our motion.  Thus, Judge Bosso-Pardo after hearing our arguments recalled that warrant.  Our client was able to walk out of court without going to jail at all.

Norvell and Associates then began our investigation regarding the allegations the probation officer made regarding these positive drug tests.  In fact, the drug screens only showed what they called "dilute" sample.  The probation office treats them as a positive result because they argue it is a method used to made detection of drugs in urine difficult.  Our investigations and research revealed that what probation call "dilute" was actually an indication that the sample has a low level of Creatine.  There are many scientific and physiological reasons which would explain this result. 

Our client was sent to an independent testing facility.  Their results showed that the tests from the probation office were inaccurate.  She did had a low level of creatine, but the samples from the independent lab showed it was not a "dilute" sample; instead, it simply required more sensitive instruments. 

On December 15th, 2009 we appeared again before Judge Bosso-Parda.  Based on our findings and the arguments presented the Violation of Probation was dismissed, and her probation was terminated as successful

(2008CT041410AXX)

November 20th, 2009: Violation of Probation dismissed probation terminated as successful

Our client was placed on probation for DUI in 2008.  He did not complete all the requirements before the probation term was set to end.  Because of this, the probation officer filed an affidavit alleging he violated his probation.  The Court based upon that put out a no-bond warrant for his arrest.

We negotiated with the State Attorney to agree that our client could show up to court and they would not object to the court recalling the warrant.  The Judge recalled the warrant and the client walked out of court without having to go to jail. 

Our client was given additional time necessary to complete the outstanding conditions of his probation.  These included finishing the community service hours, DUI school, and treatment.  On November 20th, 2009, we appeared again before Judge Eissey and with everything completed the violation of probation was dismissed and his probation was terminated as successful. 

July 9th, 2009: Client's License Reinstated after Prevailing at Administrative Hearing

On June 2nd, 2009 a Police Officer from the City of West Palm Beach saw a SUV traveling the wrong way on North Dixie Hwy in the Downtown area.  The officer initiated a traffic stop and made contact with the driver.  The report stated that the driver had a flush face, his eyes were bloodshot, and his speech was slurred.  When the officer asked him to step out of the vehicle he had trouble using his SUV for support.  He performed poorly on the Field Sobriety Tasks the the officer asked him to perform.  The officer then arrested him and transported him to the Breath Alcohol Testing center (BAT).  He gave two samples of his breath the results of which were .180 and .167.

The Law Office of Robert Norvell filed a demand for a Formal Review with the Department of Motor Vehicles.  The Client was given a temporary license beginning 06/04/09 till 07/16/09 and a hearing was set for July 2nd, 2009.  On that date, the hearing officer admitted the police reports, but the officer failed to appear.  Mr. Norvell objected and moved to invalidate the administrative suspension.  The motion was granted.  Therefore, the "Department Hearing Officer determined that there was insufficient evidence to support" the suspension.  Result: client can obtain a no fee duplicate driver's license and drive again.