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.   

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."

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.      

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.  

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.

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. 

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.