This list is given for informational purposes only and is in no way indicative of your case outcome. The facts differ substantially in every particular case and the attorneys in our firm will fight for the best possible outcome for you.
SARASOTA COUNTY
CASE RESULTS
(ALL RESULTS LAST UPDATED 6-16-2008)
DUI DROPPED
The Defendant was stopped for speeding and following the stop was asked to submit to field sobriety tests. David Haenel wrote a letter to the State Attorney asking the State to drop all the charges because he did not think they were going to prove the case beyond a reasonable doubt. After waiting for the urine results to come back negative the State dropped the charges. (Ref. 2008 CT 007065 NC)
SECOND DUI DROPPED!!
The Defendant was stopped at a DUI checkpoint. To determine whether the defendant was drunk, a Sarasota County Deputy requested that she perform Field Sobriety Excercises, which the police claim she failed, and placed her under arrest. She later agreed to provide a breath sample. After lengthy negotiations by David Haenel and Darren Finebloom with the State Attorney's Office regarding the DUI checkpoint and other factual evidence, the State dropped all charges. (Ref. 2007 CT 024552 NC)
DUI REDUCED TO RECKLESS
The defendant was discovered in a ditch after driving off the roadway. A Sarasota County Deputy arrived on the scene, conducted a DUI investigation and subsequently arrested the defendant. The Defendant later submitted to a breath test and blew over a .20. Darren Finebloom argued that the State would not be able to prove DUI beyond a reasonable doubt and, on the eve of trial, the State Attorney reduced the charge to a Reckless Driving. (Ref. 2007 CT 019908 NC)
DUI REDUCED TO RECKLESS
The defendant was involed in a minor motor vehicle accident. Following the accident and DUI investigation, the defendant was transported to the Sarasota County Jail where she provided breath samples of .161 and .165. Darren Finebloom set the case for trial and the State Attorney wthheld adjudication (no conviction) to the reduced charge of Reckless Driving. (Ref. 2007 CT 020162 NC)
DUI REDUCED TO RECKLESS
The defendant was involved in a fight and later stopped on suspicion of DUI. The defendant was charged with DUI, battery, and disorderly intoxication. After filing a Motion to Suppress evidence in the DUI case,
Darren Finebloom
convinced the State Attorney's Office to reduce the DUI charge to a Reckless Driving (with no conviction), and dismiss all remaining charges. (Ref. 2007 MM 018118 SC)
DUI REDUCED TO RECKLESS
The defendant was involved in a three car accident and following her performance on field sobriety tests was arrested for DUI. She also submitted to a urinalysis which tested positive for numerous medications. After lengthy negotiations by
Darren Finebloom
and
David Haenel
with the State Attorney, two counts of DUI were never filed, the remaining DUI charge was reduced to a Reckless Driving, and all remaining civil infractions were dismised. (Ref. 2007 CT 019460 NC)
DUI REDUCED TO RECKLESS
The defendant was arrested for DUI and subsequently refused to take a
breath test
. On the theory that witnesses would not be available to testify against the defendant,
David Haenel
pushed the case to trial. On the day of trial, the DUI charge was reduced to Reckless Driving. (Ref. 2007 CT 012874 SC)
DUI REDUCED TO A RECKLESS
The defendant was
pulled over
for weaving within her lane. The Officer noticed an odor of alcohol on the defendant's breath, bloodshot watery eyes and slurred speech. The defendant was subsequently arrested for DUI and refused to take a breath test.
Darren Finebloom
refused to allow his client to plead guilty to DUI and set the case for trial. On the eve of trial, the State reduced the DUI to Reckless Driving. (Ref. 2007 CT 000585 NC)
DUI-NOT GUILTY!!
The defendant was in the parking lot of a local dance club when a disturbance occurred. The defendant quickly left the area with his sister and was followed throughout Sarasota and Manatee counties for at least 15 minutes by a car full of other people. A passenger in the car following the defendant called 911 and told the dispatcher that he would kill the defendant if they caught him. The defendant's sister also called 911 and reported the car following them. Ultimately, the defendant was stopped by the police and charged with DUI. He submitted to a breath test and provided a breath sample over a .08.
Darren Finebloom
successfully argued to the Jury that the defendant drove his vehicle out of
necessity
and the Jury, after listening to the 911 tapes, returned a verdict of NOT GUILTY. (Ref. 2006 CT 08488 NC)
DUI REDUCED TO RECKLESS
The defendant was stopped for failing to maintain a single lane. The Deputy asked her out of her car and checked her eyes to determine whether she was impaired. After much interrogation, the defendant admitted to smoking marijuana earlier in the evening. The defendant was subsequently arrested for DUI.
Darren Finebloom
filed a Motion to Suppress the statements made by the defendant and the Judge granted this motion. The State filed an appeal. Eventually the State reduced the charge to Reckless Driving, without any formal conviction of the charge. (Ref. 2006 CT 023585 NC)
DUI-NOT GUILTY
The defendant was involved in an automobile accident. The Florida Highway Patrol arrived and performed a DUI investigation after they smelled an odor of alcohol coming from defendant's breath. The defendant later provided breath samples of .084 and a .089.
Darren Finebloom
refused to allow the defendant to take any plea deal and argued that the State Attorney could not prove, beyond a reasonable doubt, that the defendant was impaired at the time of driving. At trial, the Jury returned a verdict of Not Guilty. (Ref. 2005 CT 12205 NC)
DUI-NOT GUILTY
Police arrived on the scene of an accident and found the defendant outside his vehicle. While questioning the defendant, the police smelled an odor of alcohol and asked the Defendant to perform field sobriety tests, and then arrested him for DUI. The Defendant later provided a breath sample of .106. At trial,
Darren Finebloom
and
David Haenel
argued that the State Attorney could not prove that defendant was in
actual physical control of the vehicle
nor was he impaired at the time of driving. The jury returned a Not Guilty verdict. (Ref. 2006 CT 023931 NC)
DUI DISMISSED!!
The Defendant was involved in an accident. The Police were dipatched to the scene and observed the Defendant in the driver's seat. The Police smelled a strong odor of alcohol on the Defendant. A blood draw was performed on the Defendant and it was determined that his
blood alcohol level
was .128.
Darren Finebloom
filed a Motion to Dismiss arguing that the Satute of Limitations had expired. The statute of limitations on a Misdemeanor DUI is 2 years. The Defense proved that no dilligent or reasonable search was made to locate the Defendant. 4 counts of DUI with property damage were dismissed. (Ref. 2003 CT 010852 SC)
DUI REDUCED TO A RECKLESS
The Defendant was pulled over for speeding and following too closely on the interstate.
Darren Finebloom
filed a Motion to Suppress the evidence, and on the eve of trial, the State Attorney reduced the charge to Reckless Driving. (Ref. 2006 CT 015361 NC)
DUI DROPPED DURING TRIAL!!
The Defendant was stopped prior to a DUI checkpoint. The Trooper conducted
roadside tests
and Defendant provided a breath sample over a .08. During trial,
Darren Finebloom
argued that the State Attorney was unable to prove venue and the case was reduced to a Reckless Driving without any conviction. (Ref. 2006 CT 21826 NC)
DUI DISMISSED!!
The Defendant was stopped for committing a traffic infraction. The Officer smelled an odor of alcohol on the Defendant's breath. He was asked to perform
field sobriety tests
and subsequently arrested for DUI.
David Haenel
was able to get the DUI dismissed prior to any trial. (Ref. 2004 CT 014252 NC)
NOT GUILTY
-ACQUITTED!
The Defendant got into an accident. The Police arrived on the scene noticed an odor of alcohol coming from the Defendant's breath and requested that the Defendant perform Field Sobriety tests. The Defendant was arrested and later took a breathalyzer test and blew over the legal limit.
David Haenel
gained an acquittal at the trial of the Defendant. (Ref. 2004 CT 018624 NC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for failing maintain a single lane. He was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant blew over the legal limit.
Darren Finebloom
filed a motion to suppress/exclude all evidence obtained as a result of the unconstitutional stop. The State reduced the charge from DUI to Reckless Driving. (Ref. 2004 CT 013366 SC)
DUI REDUCED TO RECKLESS DRIVING
Client was stopped at a DUI checkpoint in Sarasota County Florida. After completing field sobriety tests and blowing a .15 the client was arrested for DUI. Darren Finebloom filed several motions attacking the area of which the check point was conducted including the fact that there was no place for any vehicle to avoid the checkpoint in violation of the U.S. Constitution. The State dropped the DUI. (Ref. 2005 CT 004750 NC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for committing a traffic infraction. He was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant blew a .093 over the legal limit.
David Haenel
set the case for trial and the DUI was reduced to RECKLESS DRIVING. (Ref. 2004 CT 017705 NC)
DUI DISMISSED!!
MOTION TO DISMISS GRANTED The Defendant was
pulled over
for committing a traffic infraction. The Police then requested the Defendant perform some field sobriety tests. The Defendant was subsequently arrested for DUI and took a breath test. The Defenant blew over the legal limit.
Darren Finebloom
filed a motion to dismiss based upon the fact that the Defendant was not in actual physical control of the vehicle. The State did not oppose the motion and charges were dismissed. (Ref. 2005 CT 018503 SC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant got into an accident. The Police arrived on the scene and requested that the Defendant perform Field Sobriety tests. The Defendant was arrested and later took a breathalyzer test and blew over a .20.
David Haenel
pushed the case on the theory that there was insufficient evidence to place the Defendant behind the wheel of the vehicle. The State dropped the charge from DUI to RECKLESS DRIVING. (Ref. 2004 CT 012125 NC)
DUI CHARGE REDUCED TO RECKLESS DRIVING
The Defendant got into an accident. The Police arrived on the scene and requested that the Defendant perform
Field Sobriety tests
. The Defendant was arrested and later took a breathalyzer test and blew over a .20.
David Haenel
pushed the case on the theory that there was insufficient evidence to place the Defendant behind the wheel of the vehicle. The State dropped the charge from DUI to RECKLESS DRIVING. (Ref. 2005 CT 017078 NC)
DUI CHARGE REDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding and ordered to perform field sobriety tests. The Defendant was subsequently arrested for DUI and refused to take a breath test. The case was set for trial.
Darren Finebloom
appeared for the client's trial and the State dropped the DUI to a lesser charge of Reckless Driving. (Ref. 2005 CT 010073 NC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was involved in a motor vehicle accident. The
Police arrived on the scene
and transported the Defendant to the Hospital wherein they took a blood sample to determine whether the Defendant was impaired. The defendants blood results wee more than twice the legal limit.
David Haenel
pushed the case to trial and the State reduced the charge from DUI to Reckless Driving. (Ref. 2004 CT 020231 SC)
DUI DISMISSED!!
Police stopped the Defendant for a traffic infraction. The Client then performed field sobriety tests and was subsequently arrested for DUI.
David Haenel
set the case for trial and the State of Florida eventually DROPPED the DUI. (Ref. 2005 CT 009121 NC)
DUI REDUCED TO RECKLESS DRIVING
Police approached the Clients vehicle while legally parked. Officer claimed they stopped the Defendant for loud stereo. The Defendant performed field sobriety tests and was subsequently arrested.
Darren Finebloom
picked the jury and on the day of trial the State dropped the DUI. DUI dropped to reckless driving. (Ref. 2006 CT 008295 SC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for making an illegal u-turn by the Florida Highway Patrol. The Police then ask the Defendant to perform Field Sobriety tests and is subsequently arrested for DUI. The Defendant refused to take a breath test.
Darren Finebloom
set the case for trial and minutes before the jury was selected the State dropped the charge from DUI to Reckless Driving. (Ref. 2006 CT 008877 SC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding and ordered to perform field sobriety tests. The Defendant was subsequently arrested for DUI and refused to take a breath test. The case was set for trial.
Darren Finebloom
appeared for the client's trial and the State dropped the DUI to a lesser charge of Reckless Driving. (Ref. 2006 CF 004756 NC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped by police on the basis of a callers complaint of a reckless driver. The Defendant was made to perform field sobriety tests and refused to take a breath test.
Darren Finebloom
set the case for trial, presented evidence which tended to negate the Defendants guilt and the State of Florida reduced the charge from DUI to reckless driving. (Ref. 2006 CT 005120 SC)
DUI REDUCED TO RECKLESS DRIVING
Client was stopped for going 105 in a 65 miles per hour zone. The defendant then performed field sobriety tests and subsequently arrested for DUI. The defendant refused a breath test.
Darren Finebloom
filed a motion suppressing the Field Sobriety tests as not being voluntary. The State Attorney's office dropped all DUI charges. (Ref. 2005 CT 020264 SC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for an improper taillight. The Defendant was then asked to perform Field Sobriety tests and was subsequently arrested for DUI. The Defendant refused a breath Test.
David Haenel
did a public records request for the arresting Officers personnel file upon showing the evidence to the State Atorneys office the DUI was dropped. (Ref. 2005 CT 005264 NC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was pulled over for committing a traffic infraction. The Police then requested the Defendant perform some field sobriety tests. The Defendant was subsequently arrested for DUI and took a breath test.
David Haenel
pushed the case to trial and the State reduced the charge. (Ref. 2005 CT 012039 SC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for a traffic infraction. The Defendant was then asked to perform Field Sobriety tests and was subsequently arrested for DUI. The Defendant refused to provide a breath test.
David Haenel
pushed the case to trial and the State reduced the charge. (Ref. 2006 CT 001336 NC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was pulled over for speeding. The Police then requested the Defendant perform some field sobriety tests. The Defendant was subsequently arrested for DUI and took a breath test.
David Haenel
set the case for trial and the State reduced the DUI to Reckless Driving. (Ref. 2006 CT 005256 NC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was found passed out in his vehicle. He was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant took a breath test.
David Haenel
set the case for trial and the DUI was reduced to Reckless Driving. (Ref. 2006 CT 009095 NC)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for running a stop sign and ordered to perform field suobriety tests and subsequently arrested for DUI. The Defendanttook a breath test and blew over the legal limit.
Darren Finebloom
filed a motion to exclude the field sobriety tests because they were not voluntary. The State reduced the DUI charge to Reckless Driving. (Ref. 2006 CT 010083 NC)
MANATEE COUNTY
CASE RESULTS
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding and following the stop was asked to perform Field Sobriety tests. Darren Finebloom, set the case for trial. Mr. Finebloom provided several police reports wherein the arresting officer had arrested someone for DUI and the person blew under the legal limit. The Defendant refused the breath test in this case. Mr. Finebloom showed up for trial and the State reduced the charge from DUI to Reckless Driving. (Ref. 2008-CT-000827)
JUDGE DISMISSED DUI CASE!!
The Defendant was involved in a minor automobile accident. The police arrived after the accident and began a DUI investigation based on several clues of impairment. Defendant was arrested on suspicion of DUI and later provided a breath sample of .176, more than twice the legal limit. Despite the very high breath test results, Darren Finebloom and David Haenel argued that the State could not prove that defendant was impaired at the time of driving and the Judge agreed, dismissing the entire case.
(Ref. 2005 CT 004499)
DUI CHARGES DISMISSED!!
The Defendant was stopped after a citizen informed police that he had been driving erratically. The Police located the Defendant's motorcycle and began to follow it. The Police observed the Defendant driving erratically, turning in front of oncoming traffic, and failing to use his turn signal. The police then began a DUI investigation. In the police report the Police stated that a video of the DUI investigation was placed into property. After numerous requests to produce the video none was revealed. A motion was filed to dismiss the case on due process grounds because of the loss of key evidence.
Darren Finebloom
argued the motion and proved that the vieo was lost, was material to the defense of this case, and the defendant was prejudiced because of the lost evidence. The Court dismissed the DUI charge. Ref. 2007 CT 003504)
DUI DROPPED!!
The Defendant was stopped for "reckless" driving and a DUI officer was contacted to take over a DUI investigation. After reviewing the video surveillance of the defendant's roadside tests, Darren Finebloom argued to the State Attorney that the officer had probable cause to arrest the defendant for DUI. Despite offering to reduce the charge, Darren Finebloom felt the evidence justified a not guilty verdict and left the case set for trial. On the morning of trial, the State Attorney dropped the DUI charge.
(Ref. 2007 CT 1941)
DUI REDUCED TO RECKLESS
DRIVING
The Defendant was stopped after driving on two flat tires. He was asked to perform field sobriety tests and then then blew double the legal limit. Working in tandem,
David Haenel
and
Darren Finebloom
were able to overturn the license suspension and convince the State Attorney to reduce the case to a Reckless Driving, meaning defendant never went without driving throughout the duration of his case. (Ref. 2008 CT 000244)
DUI REDCUED TO RECKLESS
DRIVING
The Defendant was involved in an accident and subsequently charged with DUI and Leaving the Scene of an Accident. Defendant provided a breath sample of .130. On the morning of trial prior to picking a jury, on the theory that the State Attorney would not be able to prove beyond reasonable doubt that defendant was driving the car at the time of the accident,
Darren Finebloom
was able to keep defendant from being convicted of either charge and reducing the DUI to a Reckless Driving.
(Ref. 2007 CT 00878)
DUI DISMISSED!!
In a VERY unique scenario, the defendant was charged with DUI on a scooter.
Darren Finebloom
argued that the State Attorney could not provide any witnesses to demonstrate that the defendant was riding/driving the scooter because when the Trooper arrived at the scene, the defendant was already on her way to the hospital and the scooter had apparently disappeared. On the eve of trial, the State Attorney dropped the charge.
(Ref. 2007 CT 00336)
DUI REDUCED TO RECKLESS DRIVING
A Sarasota County Sheriff stopped the defendant for weaving within his lane. The Deputy alleged to have smelled an odor of alcohol emitting from the defendant's breath and observed bloodshot watery eyes. Based upon the driving and the odor of alcohol, the defendant was made to perform field sobriety tests. Based on his alleged inadequate performance of the tests, defendant was arrested for DUI, although he refused to provide a breath sample.
Darren Finebloom
set the case for trial on the theory that defendant's driving pattern did not provide evidence of impairment. On the morning of trial, the State Attorney's Office reduced the charge. (Ref. 2006-CT-05892)
DUI REDUCED TO RECKLESS DRIVING
The police stopped the Defendant for a civil traffic infraction. The defendant was required to perform Field Sobriety Tests and was subsequently arrested for DUI. The Defendant refused to take the breath test. Prior to trial,
David Haenel
negotiated with the State Attorney's Office to reduce the charge to Reckless Driving based on the lack of any evidence indicating impairment. (Ref. 2004 CT 003850)
DUI DISMISSED!!
The defendant was stopped for squealing his tires and fish-tailing his vehicle. The defendant was asked to perform field sobriety tests and subsequently arrested for DUI. The defendant provided a breath sampl almost twice the legal limit in Florida.
Darren Finebloom
filed a Motion to Suppress the evidence arguing that the police had no probable cause to stop the defendant's vehicle. The Motion was granted and the DUI was dismissed. (Ref. 2004 CT 004316)
DUI DISMISSED!!
The Defendant was asleep behind the wheel of his car which was legally parked in a local convenient store. The Police approached the vehicle and removed the keys from the ignition. The Defendant upon completion of Field Sobriety tests was arrested for DUI and refused to submit to a breath test.
Darren Finebloom
filed a motion to Suppress all evidence obtained after the illegal stop. The Court granted the motion and the DUI was dismissed. (Ref. 2005 CT 004029)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding on the skyway bridge.
Subsequent to the police investigation, the Defendant was arrested for DUI. He then took a breath test and blew a .137. Darren Finebloom was able to get the breath sample suppressed from being introduced as evidence because the police failed to follow procedure and the State Attorney reduced the charge to Reckless Driving. (Ref. 2005 CT 000856)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for committing a traffic infraction. She was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant took a breath test.
Darren Finebloom
set the case for trial and the DUI was reduced to Reckless Driving. (Ref. 2005 CT 005390)
DUI REDUCED TO RECKLESS
DRIVING
The Defendant delivered some groceries to a friends house. The Police were responding to the same address for a dispute in progress. The Police then turned their attention to the Defendant and request he perform field sobriety tests. The Defendant was subsequently arrested for DUI and refused to take a breath test.
Darren Finebloom
filed a motion to suppress and prior to the hearing and just days before the trial the State of Florida dropped the DUI. (Ref.
2006 CT 000294)
DUI REDUCED TO RECKLESS
The Police stopped the Defendant for a traffic infraction. Subsequent to the police investigation the Defendant was arrested for DUI. Just before the case was scheduled to go to trial by
David Haenel
the State of Florida dropped the charge. (Ref. 2006 CT 001058005390)
DUI REDUCED TO RECKLESS
The Defendant was stopped for weaving within his lane. The Defendant was then asked to perform field sobriety tests and was subsequently arrested for DUI. The Defendant was told by law enforcement that if he refused to take a breath test he could incur additional charges. This was a clear misrepresentation of the law by the Police. The Defendant blew a .110 above the legal limit in Florida. After
Darren Finebloom
was successful in suppressing the breath test results based upon the misrepresentations of law enforcement, the State Attorney's office reduced the charge to Reckless Driving. (Ref. 2006 CT 001910)
HILLSBOROUGH
COUNTY
CASE RESULTS
DUI DROPPED!!
Defendant was pulled over for allegedly running a red light. Client failed field sobriety exercises and was placed under arrest. At the jail, Sheriffs Office Personnel alleged defendant refused to provide a breath or urine analysis even after defendant provided a sample of .04. Counsel for the Defendant,
Stephen Higgins
, vigorously pushed the state to the brink of trial, arguing that defendant was stopped unlawfully, placed under unlawful arrest and did not refuse to provide a breath or alcohol sample. The State dropped the case. (Ref. 7518-XAM)
DUI CHARGES DROPPED!
The defendant was arrested for DUI and provided a breath sample above a .20.
Stephen Higgins
argued that the State could not prove the case beyond a reasonable doubt because there was no evidence the defendant was ever driving the vehicle. On the eve of trial, after lengthy negotiations, the State Attorney dismissed all charges. (Ref. 9173-XCF)
DUI DROPPED!
After being arrested for DUI involved in an accident and later providing a breath sample of .161 and .163, the defendant absconded and moved to another state. After several months, defendant retained
Stephen Higgins
to represent her on the DUI charges and remove the warrant for her arrest. After reviewing the evidence, Stephen became aware that witnesses were not going to be available to testify against defendant. On the eve of trial, all charges were dismissed. (Ref. 094726-J)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for speeding in excess of 20 MPH over the limit on 272 Northbound. On video, defendant's speech was slurred and his performance on the Field Sobriety Excercises was inadequate. Defendant subsequently provided breath samples of .113 and .110.
Stephen Higgins
argued to reduce the charge, depsite the level of the blow, based on miscommunication between the defendant (who was non-engligh speaking) and the arresting officer. The State Attorney reduced the charge to Reckless Driving. (Ref. 3287-XAM)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for weaving and failing to maintain a single lane. He later provided a breath sample of .175, more than twice the legal limit. After reviewing the evidence and the scene of arrest,
Stephen Higgins
argued that the stop was unlawful given the inadequate time the officer followed the defendant and the unsupported statements in the police report. Despite the defendant's breath sample, the State Attorney reduced the charge to Reckless Driving. (Ref. 3806-XAM)
DUI REDUCED TO RECKLESS DRIVING
Defendant was arrested on suspicion of DUI after the stopping officer observed him make a 360 degree turn on the middle of the roadway. Defendant failed Field Sobriety Excercises and provided a breath sample of .083. On the eve of trial,
Stephen Higgins
was able to get the charge reduced to a Reckless Driving. (Ref. 3874-XDQ)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for driving without headlights. Once stopped, defendant performed, and failed Field Sobriety Tests and later provided a breath sample of .095.
Stephen Higgins
argued that the stop of defendant's vehicle was unlawful and as was able to negotiate with the State Attorney to reduce the charge to Reckless Driving. (Ref. 0266-XCO)
DUI REDUCED TO RECKLESS DRIVING
Defendant, a school teacher, was charged with DUI and risked losing her teacher's license and career. She was found asleep in the parking lot of a gas station, was unable to perform Field Sobriety Excercises and provided a breath sample of .104. Because of her employment and the specific facts of her case regarding the 'stop' of her vehicle,
Stephen Higgins
was able to negotiate with the State Attorney to reduce the charge to a Reckless Driving. (Ref. 3539-XAM)
DUI REDUCED TO RECKLESS DRIVING - NO CONVICTION
Defendant, a college student, retained
Stephen Higgins
and
David Haenel
after being charged with DUI. Defendant was arrested because he was found in his car in the school parking lot, alegedly vomiting out the driver's side window. Defendant failed Field Sobriety Tests and refused to provide a breath sample.
Stephen
filed a Motion to Suppress based on the stop of defendant's vehicle. Pending the Motion to Suppress, the State Attorney reduced the charge to Reckless Driving without any conviction. (Ref. 3861-XDQ)
DUI REDUCED TO RECKLESS DRIVING - NO CONVICTION
Defendant was stopped on suspicion of DUI and provided a breath sample below the legal limit (.069).
Stephen Higgins
reached a negotiated settlement to reduce the charge to Reckless Driving with no conviction. (Ref. 6905-ELQ).
DUI REDUCED TO RECKLESS DRIVING - NO CONVICTION FOR LEAVING THE SCENE
Defendant was arrested for DUI after fleeing the scene of an accident and returning to her home. Upon arrival, the Officer observed the defendant emerge from her house with slurry speech, glassy eyes and an odor of alcohol. Defendant refused to perform Field Sobriety Tests and refused to provide a breath sample. Pending a Motion to Suppress based on witness testimony and evidence in the police report,
Stephen Higgins
negotiated with the State Attorney to reduce the charge to Reckless Driving and withhold adjudication on the Leaving the Scene of an Accident charge. (Ref. 1975-XCG)
DUI REDUCED TO RECKLESS DRIVING
The Defendant was on probation for DUI when he was arrested for a second DUI.
Ken Poole
filed a Motion to Dismiss the new DUI charge based on lack of evidence that the defendant was driving the vehicle. Pending the Motion to Dismiss, Ken Poole was able to kep the defendant out of jail and the State agreed to reduce the DUI to Reckless Driving without any conviction, dismiss the Leaving the Scene of an Accident Charge and the Driving While License Suspended charge and reinstate his probation to complete the terms. (Ref. 6211-XDN)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for speeding and subsequently failed to perform Field Sobriety Excercises inlcuding the walk and turn and the raised leg tests. Defendant later provided breath samples of .117 and .123. Based on the video surveillance of the roadside excercises and the lack of any criminal history and despite the blow over the legal limit,
Stephen Higgins
and
David Haenel
were able to reduce the DUI charge to Reckless Driving. (Ref. 8940-XDK)
DUI REDUCED TO RECKLESS DRIVING
Defendant was charged with DUI after being found by the police in a parking lot, asleep behind the wheel. Police arrived on the scene and after requesting defendant perform field sobriety tests, arrested him for suspicion of DUI. Defendant later provided a breath sample of .105 and .104. Pending a motion to suppress based on lack of actual physical control of the vehicle,
Stephen Higgins
was able to get the charge reduced to Reckless Driving. (Ref. 9691-XCF)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for weaving within his lane and making an improper lane change. Defendant was asked to perform field sobriety tests and after being arrested, provided breath samples of .150, .125 and .135. Working in tandem,
Darren Finebloom
and
Stephen Higgins
reviewed the evidence against the defendant. First, they reviewed the video of the Field Sobriety Tests and noticed that defendants performance was excellent. Second, they filed a motion to suppress the results of the breath samples because of the inconsistent results. On the even of trial, and despite defendants high breath alcohol content,
Darren Finebloom
and
Stephen Higgins
were able to get the charge reduced to Reckless Driving. (Ref. 9230-XCF)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for speeding 25 miles an hour over the speed limit. Defendant performed field sobriety tests, but refused to provide a breath sample. Arguing that the video was malfunctioning and therefore the state lacked evidence to indicate the defendant was impaired,
Stephen Higgins
was able to get the charge reduced to Reckless Driving. (Ref. 339965-X)
DUI REDUCED TO RECKLESS DRIVING
Defendant, an out of state resident, was stopped for making an illegal turn and proceeding the wrong way on a one way street. Defendant performed field sobriety tests on video and later provided a breath sample of .120 and .115. Post Miranda, defendant admitted to having had several drinks. Despite this evidence, and through vigorous negotiations with the state attorney and on the eve of trial,
Stephen Higgins
was able to get the charge reduced toReckless Driving. (Ref. 6095-XDN)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for driving on a flat tire. Defendant performed superbly on the field sobriety tests which were captured on video. Defendant later agreed to provide a breath sample, and blew a .138 and .142. Despite this very high blow,
Stephen Higgins
was able to negotiate with the stat attorney, discuss the performance on the filed sobriety tests and get the charge reduced to Reckless Driving. (Ref. 7939-XAU)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for speeding. Despite a pre-existing medical condition, defendant performed field sobriety tests and because of his medical condition, performed them poorly. Defendant later provided a breath sample of .095 and .094. Arguing that the medical condition was in fact the cause for the poor performance of the field sobriety tests, and despite the evidence of a breath alcohol content over the legal limit,
Stephen Higgins
was able to negotiate with the state attorney and get the case reduced to Reckless Driving. (Ref. 7321-XAM)
DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for suspicion of DUI and later provided a breath sample of .104 and .100. After negotiating with the state attorney regarding the reason for the stop, which defense attorney Stephen Higgins argued was invalid, and based on the low breath alcohol sample,
Stephen Higgins
was able to get the charge reduced to Reckless Driving. (Ref. 1760-XCA)
DUI REDUCED TO RECKLESS DRIVING
Defendants car was found in a ditch with defendant behind the wheel. Defendant was subsequently arrested for DUI and Criminal Driving with a Suspended License. Defendant provided a breath sample of .122 and .117.
Stephen Higgins
pushed the case on the theory that the state could not prove actual physical control of the vehicle and was successful in dropping the charge from a DUI to Reckless Drivingand dismissing the criminal driving while license suspended. (Ref. 9212-XCF, 6682-EOL)
DUI REDUCED TO RECKLESS DRIVING
Defendant was arrested for DUI, his second within 5 years, and leaving the scene of an accident after hitting two cars and a stop sign. Defendant refused both field sobriety tests and breath tests. At the jail, defendant requested medical assistance because of a severe diabetic condition, but was refused. On the eve of trial, and after
Stephen Higgins
subpoenaed jail personnel to potentially provide damaging testimony, the DUI charge was reduced to Reckless Driving and the defendant was not adjudicated of leaving the scene of the accident. (Ref. 8609-XCF, 2638-EQZ)
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