SEPTEMBER 2008
Case 5555-XAU
Charge: 2ND DUI WITHIN 5 YEARS
Result: REDUCED TO RECKLESS DRIVING
Defendant was found asleep at the wheel on the shoulder of I-75. When paramedics and Florida Highway Patrol arrived, client’s car moved forward and came into contact with the rear of the ambulance. Defendant failed the field sobriety tests and refused to provide a breath sample. There was no video surveillance of the field sobriety tests. With a prior offense within 5 years, defendant was facing a 5 year driver’s license revocation. Knowing his client’s need to drive, Stephen Higgins convinced the state attorney to reduce the charge to a Reckless Driving.
April 14, 2010
Case Number 7565-XEF – Judge Lefler
Charge: DUI
Result: NO DUI CONVICTION
Defendant was stopped for traveling over the solid white bar at a pedestrian cross walk. The defendant was then observed driving straight in a right turn only lane. Tampa Police Officers smelled an odor of alcohol on her breath and she failed field sobriety exercises. At Central Breath Testing at the Orient Road Jail, defendant provided a breath sample of .158. Stephen Higgins argued that there was lack of probable cause for the stop of her vehicle, and despite the breath sample, kept his client from being convicted of a DUI.
Hillsborough Case 4393-XEP
Result DUI amended to Reckless Driving
Defendant was stopped in South Tampa for driving the wrong way on a one way street. On video, he is observed passing the officer going the wrong way. Upon contact with the officers, defendant had slurred speech, bloodshot eyes and an odor of alcohol. Officers requested that defendant perform field sobriety exercises. Defendant refused to perform field sobriety exercises and refused to provide a breath sample. The Attorney’s of Finebloom & Haenel, P.A. we able to get the DUI Charge reduced to reckless driving.
DUI CHARGES DISMISSED
The police stopped the Defendant for a traffic infraction. The Client then performed field sobriety tests, took a breath test and was subsequently arrested for DUI. David Haenel set the case for trial and the State of Florida eventually DROPPED the DUI. (Ref. 3380-DZM)
DUI REDUCED TO RECKLESS DRIVING AND DWLS DISMISSED 1/15/2009
2008-1880T
The Defendant was stopped by police after they ran his tag and determined that the owner of the vehicle had a suspended license. Following the stop the Police initiated a DUI investigation. After the Defendant performed the field sobriety tests he was arrested. The Defendant was taken to the Charlotte County Jail where the police stated he refused a breath test. Darren Finebloom filed a motion to dismiss the Driving While License Suspended charge and provided the State with proof of the Defendant’s whereabouts that evening and the State reduced the DUI to a reckless driving.
DUI CHARGES REDUCED TO RECKLESS DRIVING
The Defendant was involved in an accident and investigated for Driving under the Influence of a controlled substance. The Defendant blew .000 but was found to have several traces of controlled substances in his blood. Darren Finebloom set the case for trial and the State realized they were going to have problems getting the defendant�s blood into evidence. (08001253T)
DUI DROPPED
The Defendant was pulled over for failure to maintain a single lane. He told the officer that he wasn�t impaired but the officer did field sobriety tests and then arrested him. The Defendant was then transported to the jail where he submitted to a chemical breath test. David Haenel convinced the prosecutor that he will NOT take a reckless driving that the charge should be dismissed. The prosecutor agreed and the DUI charge was dropped totally. (082005T)
ORANGE COUNTY CASE RESULTS
08CT-00032634-W DUI > .20 DISMISSED
08-CT-0003439-W
The Defendant was alleged to have been in an accident on his motorcycle. He was being treated by Orange County EMS when the Police were called to the scene. At that point, the Officer conducted a DUI investigation and did not read the Defendant his Miranda warnings. The Police alleged that the Defendant admitted to falling asleep while driving the motorcycle. A DUI investigation ensued and the Defendant was arrested for DUI and taken back to the Orange County Jail where he blew > .20. Darren Finebloom filed a motion to suppress the statements made by the Defendant, the field sobriety tests and the breath test arguing that there was no evidence the defendant was in actual physical control of the vehicle. Additionally, Darren Finebloom argued the arrest was unlawful, as the Officer cannot arrest one for a misdemeanor not committed in the officer�s presence. The motion was heard on October 17, 2008 and all evidence was excluded from the case. The State pressed on but eventually realized they had evidence and dismissed all charges the morning of jury selection. NOT REDUCED DUI DROPPED ENTIRELY (Ref. 2008 CT 013981 NC)
DUI REDUCED TO RECKLESS
The Defendant was at an all day concert at the Citrus Bowl. On his way home he was pulled over for speeding. Defendant had a prior conviction for Fleeing to Elude and several prior careless driving citations. The Deputy noticed an odor of alcohol on his breath and six empty beer bottles in the back seat of the car. The Defendant admitted to drinking six beers. He performed field sobriety exercises and was subsequently arrested for DUI. He refused to submit to a breath test. On the day of trial Lawyers at Finebloom & Haenel were able to negotiate with the state attorney and convinced her to reduce the case to a reckless driving with NO license suspension. (ref. 2008 CT 007148-O)
POLK COUNTY
CASE RESULTS
8894-XAH DUI REDUCED TO RECKLESS
The Defendant was stopped by the police and after submitting to field sobriety tests was asked to submit to a breath test by the arresting officer. Although he took a breath test our office convinced the state attorney to reduce the case to a reckless driving. Because we won his DMV hearing and his case was reduced to a reckless, he never received a driver license suspension.
