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.

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. 

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." 

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. 

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)

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. 

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.

On May 27th, 2009 a Palm Beach County Deputy responded to a traffic crash at Southern Blvd. and Crestwood Blvd.  Once there, he met with a person there who was identified as the driver at fault in the accident.  She had reddened eyes, unsteady feet, and a coffee cup with rum in it.  She was also speaking to people who were not present.  The deputy then asked her to perform field sobriety exercises which according to his report she failed.  She was then taken to the Breath Alcohol Testing facility (BAT center).  She gave two samples which were .123, and .130.

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 that was good until July, 17th, 2009.  The hearing was set for July 1st, 2009.  At the hearing, Mr. Norvell moved to exclude the reports under Florida's Accident Report Privilege Act.  One officer was present but the one that could place her behind the wheel at the time of the accident was not.  Because of the Accident Report Privilege the hearing officer did exclude the reports and the suspension could not be sustained with only the one officer's testimony.  Result: client can obtain a no fee duplicate driver's license and drive again.

Jury Trial before Judge Bosso-Pardo County Court Division C.  Florida Highway Patrol Trooper took the stand for the State and testified to the following:  He observed a vehicle northbound on I-95 at a high rate of speed estimated at between 92-93mph.  When he lazered the vehicle, the speed was actually 95mph.  This vehicle was also swerving in and out of traffic.  Thus, he pulled this vehicle over and approached the driver.  According to the Trooper, he could smell the odor of alcohol on the driver's breath.  The driver also had red blood shot eyes, and slurred speech.  The driver become upset and made statements that the "police are always harassing him and that the trooper might as well shoot him."

Then, the Trooper had the driver perform Field Sobriety Exercises on the shoulder on I-95.  The Trooper described the performance on all these tasks as poor.  Based upon this, the driver was arrested and taken to the Palm Beach County Jail.  While there, the driver was asked to give a sample of his breath which he refused to do.  The Trooper read the driver his Miranda rights and the driver admitted to taking Oxycodone and Alprazolam.        

Attorney Robert Norvell cross examined the Trooper regarding his investigation and conclusions.  He then presented closing arguments.  The Jury took only 30 minutes to return with a NOT GUILTY verdict.  The State in defeat, asked the Judge nonetheless, to impose the maximum fine for the speeding ticket.  However, the State had neglected to introduce any of the documents necessary for the Court to made a finding on the speeding ticket.  Thus, the Judge granted Mr. Norvell's Motion and found the driver NOT GUILTY of the speeding ticket as well.

(case no. 2007CT037158AXX)

On April 10th, 2009, Florida Highway Patrol Trooper Roberts observed a Red SUV traveling on Lake Worth Road without its headlights on.  The trooper began following this SUV.  According to his report, the SUV drifted toward the center lane, touching the white center divider 3 times within 1/2 mile.  When the SUV drifted that third time, it "almost hit a white 4 door vehicle inthe center lane."  The Trooper turned on his lights and pulled the SUV over.   When the Trooper approached the vehicle he noticed the driver smelled of alcohol, had watery/glassy eyes, a blank stare, and slurred speech.  He performed poorly on the field sobriety exercises (walk and turn, one leg stand, and the finger to nose).  In the report, the trooper alleges the driver made admissions: "he does not drink often and he has a low tolerance for alcohol... he felt he was under the influence...he was in a Misdemeanor Drug Court Program."  The driver was arrested and taken to the Breath Testing Facility at the main jail.  He gave two samples of his breath: .060, and .059.

Despite the breath reading, the State initially prosecuted the case based upon the testimony and reports of the trooper.  Arraignment was set for May 4th, 2009 at 1:00 pm at Gun Club. 

Under Florida law, a breath reading between .05 and .08 does not create a presumption that the driver is impaired.  However, it is to be considered along with other evidence to determine if the driver was impaired.  Attorney Robert Norvell filed documents with the clerk and State Attorney regarding this case.  After their review, the State on April  29th, 2009 stopped the prosecution of the case and the charges were dropped. 

A Florida Highway Patrol Trooper observed a vehicle change lanes without signaling and then swerve twice through a yellow painted safety zone.  The trooper stopped this vehicle.  When he made contact with the driver he smelled the "obvious" odor of alcohol.  He also noticed that the driver had other signs of impairment: red bloodshot eyes, watery eyes, and his speech was thick.  The driver was then asked to perform the Field Sobriety Tasks (FST's: walk and turn, finger to nose, and one leg stand).  According to the trooper, the driver performed poorly on all these.  Based upon all the observation, the driver was arrested and taken to the Breath Alcohol Testing Facitlity at the Palm Beach County Jail.  The driver gave two samples which were a .162 and a .159.

The Law Office of Robert Norvell filed a Motion to Suppress based upon what we believed to be an illegal stop by the trooper.  On April 9th, 2008, before Judge Bosso-Pardo, the Court agreed and suppressed all evidence in the case. 

The Assistant State Attorney, the following week, dropped the DUI charge against my client as well as the three citations that were issued to him as well.

On December 3rd client was charged with careless driving.  West Palm Beach police responded to a single car accident where skid marks indicated the driver lost control and struck light pole.  The investigation resulting in the defendant being being charged.  The case went to trial and the officer testified to his investigation.  Attorney Robert Norvell, objected to the identification of the driver under two grounds: 1)Accident Report Privelege under Florida Statutes, and 2)Corpus Delecti.  Court found the defendant NOT GUILTY.

In May of 2008, the Boca Raton police Department investigated and charged a client with Loitering and prowling based upon statements from witnesses.  These witnesses were underage females by the beach area. 

The law office of Robert Norvell persuaded the Assistant State Attorney that a diversion program was the appropriate cause of action, which the client successfully completed.  The case was brought back to court and the State then dropped the charges against my client.

(Palm Beach County Case No. 2008MM010541AXX)

On December 24th, 2008 a Palm Beach County Deputy observed a white van traveling north on I-95.  According to the deputy the van was speeding, and all over the road.  The deputy stopped this vehicle and called a back-up DUI unit to investigate further.  The second deputy arrived and began a DUI investigation resulting in the driver being arrested and charged with Driving Under the Influence.   

DUI Attorney Robert Norvell filed a demand for a Formal Review Hearing at the Department of Motor Vehicles. This is the hearing to fight to get the Client's license back following the arrest. Despite the deputy's reports, the Department found "insufficient evidence to support" the arrest and suspension. Client got her license back.

(Palm Beach County Case No. 2008MM025460AXX)

An F.B.I. agent followed my Client from Broward County. While behind her he says he observed her nearly striking other vehicles as she swerved between lanes. Her speed also varied between 60 and 80. Her car almost rear ended the Agent's vehicle when he called the Sheriff's department. A Palm Beach County deputy then began to follow her and made obersvations consistent with the Agent; she "failed to maintain a single lane affecting other traffic in the left lane." She was pulled over and Field Sobriety Tasks were administered to her which according to the deputy she failed. She was then arrested and charged with DUI.

The client had considerable ongoing medical conditions which the Law office of Norvell and Associates verified and provided documentation to the State Attorney's Office and the Department of Motor Vehicles.

On October 23rd, 2008 my client license was cleared by the Department of Motor Vehicle's who agreed to take no action thus her license was never suspended.  Upon providing this information the State Attorney agreed to drop prosecution of the DUI and reduced the charge to Reckless driving. 

A sheriff deputy was on patrol in Palm Beach County in Boca Raton.  He observed the Client's vehicle weaving from "side to side from its lane of travel" and hit a curb.  He stopped this vehicle and made observations he believed showed possible signs of impairment.  This deputy called another deputy to begin a DUI investigation.  The second deputy had the Client  perform Field Sobriety Exercises and noted overall poor performance.  In fact, she performed several of the exercises well.  The report showed that the deputy "did not observe any clues" on the Romberg/Alphabet task. 

DUI Attorney Robert Norvell filed a demand for a Formal Review Hearing at the Department of Motor Vehicles.  This is the hearing to fight to get the Client's license back following the arrest.  Despite the deputy's reports, the Department found "insufficient evidence to support" the arrest and suspension.  Client got her license back.

(Palm Beach County Case No. 2008CT041410AXX)

On August 16th, 2008 the Client was stopped by a Boca Raton Police Officer for having a rear light not working.  This officer noticed "possible" signs of impairment and called another officer to the scene to do the DUI investigation.  It took 29 minutes for the second officer to arrive to begin the DUI investigation.  When the other officer did arrive he had the Client perform the usual Field Sobriety Exercises (FST's) and noted poor performance on all.  The Client was transported to the Breath Alcohol Testing Center (BAT center) at Gun Club were he submitted a sample of his breath for analysis.  The readings were .171. and .174.  He was charged with DUI. 

On October 24th, 2008 following the Formal Review Hearing, the Department of Motor Vehicles agreed that there was insufficient evidence to support the administrative suspension of the Client's License.  Result: Client got his license back.

Then, in the criminal case my office filed a Motion to Suppress arguing that the Client was detained far longer than was reasonable under the circumstances.  The case law supported our arguments and the Prosecutor agreed to drop the DUI down to Reckless Driving. 

(Palm Beach County Case No. 2008CT028731ASB, Judge Marx)

On July 2nd Client was charged with breaking into his girlfriends house and physically taking keys from her.  Then he is alleged to have taking her car.  Our investigations showed that the house was actually rented by him for his girlfriend.  Moreover, the vehicle was not hers, but in fact was his.  These issues were presented to the Prosecutor.  The case was set for trial and on the very day it was to be heard the Prosecutor dropped all charges.

(Case No. 2007CF018508AMB)

On October 11th, 2008, Client was arrested and charged with Possession of a Concealed Firearm (a Felony) and Drinking in Public.  The State Attorney's Office was contacted before the case was filed.  Through the early pre-filing efforts of our office, the State dropped the Felony and the Client on November 25th, 2008 simply paid a $50.00 fine for the Drinking in Public

(Broward County Case No.08-019607CF 10A reduced to Case No. 08026706MM10A)

On November 14th, 2007 the Client was charged with striking his wife with a bat.  The officer indicated that the victim had blood underneith her lip, which was swollen.  She also had a laceration behind her ear and a cut in the middle of her scalp.  The officer took a statement from the wife/victim which stated that her husband had done this to her. 

Norvell and Associate's investigator located medical records as well as prior calls to the police department where officer's responded and found the wife/victim to have been severly impaired by drugs, alcohol or both.  During these calls the wife/victim made wild claims the that officer's indicated were not true.  These medical records and police reports were presented to the Prosecutor in this case.  When the case was called up for Trial by Judge Miller, the Prosecutor dropped the charges. 

(Case No. 2007CF016516AMB)