Case Results

Case #: 052017CT0XXX92AXXXXX County: Brevard County Date: August 2017 Facts: Our client was a Charter Boat Captain, and driving home from work. While driving down a side street, our client noticed several people standing in the roadway. The client was unable to avoid one of the pedestrians, striking him with his pick-up truck. The pedestrian was thrown approximately 10 feet from the collision. Our client was subsequently arrested for Driving under the Influence causing Personal Injury. Additionally, a conviction for Driving Under the Influence would have suspended his Captain’s license for three years, and caused him to lose his employment of more than twenty years. Outcome: The Attorney filed a Motion to Suppress Evidence, arguing that the arresting officer failed to advise our client that he was “changing hats” from an accident investigation, to a criminal investigation, requiring the arresting officer to read our client Miranda warnings. The Judge granted the Attorney’s Motion to Suppress, and the prosecutor immediately offered to amend the charges from a DUI with Personal Injury, to Reckless Driving. Our client was able to maintain his Captain’s license, and his employment, as a result of the charges being amended to Reckless Driving.

Case #: 052015CT0XXX09AXXXXX County: Brevard County Date: December 2016 Facts: Client was driving home from work at around 2am, and dropped his cellphone underneath his seat, causing him to swerve erratically. His vehicle was subsequently pulled over by law enforcement officers, and the client was arrested for Driving Under the Influence. Complicating matters, the client was facing immigration consequences, and likely deportation as a result of his pending charges. Outcome: The Attorney filed a Motion to Suppress the Evidence, arguing that the law enforcement officers who stopped our client’s vehicle were outside of their jurisdiction. After the hearing on the Motion to Suppress, the State Attorney’s Office agreed to reduce the DUI charge to a civil traffic infraction, with no immigration consequences to the client.

Case: State v. K.B Case #: 2009-mm-0X6X3XA County: Brevard County Date: July 2010 Facts: The Defendant was pulled over by the Satellite Beach Police Department for having an expired License Plate. The arresting officer pulled the defendant out of her vehicle and made her perform field sobriety exercises. The officer determined she was impaired and placed her under arrest. The defendant did blow over the legal limit. Mark S. Germain, the defendant’s attorney, filed a motion to suppress the evidence. The trial court determined the Officer did not have reasonable suspicion to ask the Defendant to perform field sobriety exercises. The trial court granted the Defendant’s motion to suppress. The trial court threw out the results of the Breath test and any observations made after the Defendant was illegally detained. Outcome: The State Attorney’s office dismissed all the charges against the Defendant.

Case: State v. J.L Case #: 2010-ct-0X2X7XA County: Brevard County Date: September 2010 Facts: The client was alleged to have run a red light and was pulled over by the police. The police had the client perform field sobriety exercises. The police advised the client that he did not perform to standard, and he was arrested. The client refused a breathalyzer test for the second time, so the police charged him with refusal as well as his second offense of DUI. In addition, the police accuse the defendant of violating his business purpose only license. Outcome: Right before picking a jury, the state dismissed the DUI charge against the defendant. The defendant did plead guilty to the refusal charge and was placed on probation. Yet the defendant did not receive a second driving under the influence.

Case: State v. A.M Case #: 2010-cf-0X3X5XA County: Brevard County Date: December 2010 Facts: The client was pulled over by the police for driving recklessly. The police found pills in the vehicle, which the police determined to be OxyContin. The police had the client perform filed sobriety exercises and determined that the defendant was under the influence. Outcome: The state attorney’s office dropped all the charges against the client

Case: State v. K.H Case #: 2010-ct-0X1X5X County: Brevard County Date: March 2011 Facts: The client was pulled over by the Satellite Beach Police Department. The client was ordered to do field sobriety exercises and refused to do them. The client was arrested for driving under the influence. The client was videotaped throughout the process. Outcome: Right before jury trial, the government offered a reduction to Reckless Driving.

Case: State vs. C.B Case #: 2010-ct-0X3X6X County: Brevard County Date: July 2011 Facts: The client was pulled over on U.S 1, and the officer had perform field sobriety exercises. The officer placed the client under arrest and searched the client’s vehicle. The officer found Xanax and roxycontin in the client’s vehicle. Outcome: The client received a misdemeanor reckless driving charge and was able to keep their driver’s license. The drug charges were dismissed.

Case: State vs. S.W Case #: 2011-ct-0X6X9XA County: Brevard County Date: October 2011 Facts: The defendant was pulled over on his way home from a local establishment. The officer conducted field sobriety exercises. The client refused to give a breath sample, and he was arrested. Outcome: The attorney went to trial on this case. After jury selection, the state lowered the charges to reckless driving, and the client was able to maintain his license and was not even put on probation.

Case: State vs. J.H. Case #: 2011-mm-0X5X1XA County: Brevard County Date: May 2012 Facts: Client was pulled over and issued a ticket for driving under the influence and was arrested. Outcome: Client was found not guilty by a jury of his peers.