State v. J.W. (Manatee) 2010 CF 002819
The Defendant was arrested for possession of a controlled substance and DUI. Darren Finebloom immediately began to investigate and prepare his defense. It turns out no urine sample was requested and no evaluation was done of the Defendant for impairment by a controlled substance. Furthermore the controlled substance found in the car belonged to another party with a valid prescription. This information was revealed to the State and all DUI and drug charges were dropped.
2009CT005372 (Manatee)
Our client was involved in a crash. Florida Highway Patrol arrived on scene and conducted an investigation. They noticed indicators of impairment and asked our client to submit to a series of roadside field sobriety tests. Our client was then subsequently arrested. After the arrest our client submitted a breath test with a result of a .195, over double the legal limit. AnneMarie Rizzo immediately began her investigation to find holes in the State’s case. AnneMarie ultimately was able to keep the breath test from being used against her client and convinced the Prosecutor to drop the DUI charges to Reckless Driving. In addition to the charges being reduced AnneMarie was also able to convince the Prosecutor to agree to no conviction which allows AnneMarie’s client the ability to seal his record.
2010CT001670
The Defendant was found passed out behind the wheel of his car in the middle of the roadway. The police were called out to the scene and investigated our client. Our client admitted to taking several prescription medications before driving and having a couple of drinks. He was arrested and provided a breath test over the legal limit. AnneMarie Rizzo was able to keep the breath test from being admitted against him in evidence and also was able to convince the Prosecutor that her client was unlawfully arrested. The Prosecutor agreed to reduce the DUI to Reckless Driving. This saved AnneMarie Rizzo’s client from looking at a potential felony conviction, jail and lifetime license suspension.
The Defendant was stopped by the Manatee county Sheriff’s Officer for driving on her rim. She was ordered out of her vehicle and requested to perform field sobriety tests. The Defendant refused to do so without an attorney present. She was subsequently arrested on what the officer’s believed was probable cause. The Defendant was taken back to the Manatee County Jail in Port Manatee and refused a breath test. Upon review of the video Darren Finebloom convinced the State to reduce the DUI charge to reckless driving and got the Court to withhold adjudication as this was her first DUI offense.
Case# 2010 CT 000396
STATE v. NP 2009 CT 017903 NC
The Defendant was travelling southbound on Tamiami Trail in Sarasota County when he was pulled over by the Sarasota County Sheriff’s Office for speeding. The Deputy alleged to have seen signs of impairment including, slurred speech, odor of alcohol, and bloodshot watery eyes. The Defendant admitted to coming from a bar and stated he had two long island iced teas. The Sarasota County Deputy had the Defendant perform Standardized Field Sobriety tests. Upon completion of the tests the Defendant was arrested for DUI. He took a breath test and a urine test. Darren Finebloom set the case for trial and did not waive the Defendant right to a speedy trial. On the morning of trial the State dropped the DUI charge.
STATE v. J.B. 2007 CT 003504
The Defendant was stopped by the Manatee County Sheriff’s Office due to a report that he was all over the road. The Deputy then alleged that he witnessed the Defendant driving his motorcycle in a reckless fashion. Subsequent to the stop the Defendant was made to perform standardized field sobriety tests. Subsequent to those tests he was arrested for DUI. Darren Finebloom request the videotaped evidence of the DUI investigation which the State and the Deputy claimed they had. After several more requests the evidence showed that the tape had been lost in translation. Darren Finebloom filed a motion to dismiss the case. The County court judge granted the motion dismissing all charges but the State appealed that decision. The Circuit court Judge overturned the decision and reinstated the charges. Finebloom & Haenel did not give up and appealed that decision to the Second District Court of Appeal. After a 3-year fight the standardized field sobriety tests were excluded as evidence and the State dropped the charges to reckless driving and the Defendant agreed to no conviction and just a fine.
2009CT017192NC
The Defendant was in a traffic accident and during the course of the crash investigation the officer reported smelling the odor of alcohol on one of the people at the scene. He then switched to a DUI investigation of the Defendant. Upon further investigation the officer said the Defendant swayed while he was walking, had bloodshot, watery eyes and slurred speech. The Defendant attempted to perform Field Sobriety Tests including the eye test (Horizontal Gaze Nystagmus) and the walk and turn. The Defendant stopped responding to the officer’s requests during the walk and turn and would not answer the officer when he asked if the Defendant was refusing to complete the Field Sobriety Tests. The Defendant was then placed under arrest for DUI with property damage. At the Sarasota County Jail the Defendant refused to take a breath test. Despite his refusal to take a breath test and his results on the field sobriety tests, attorney David Haenel convinced the State not to file charges in the case.
CASE NUMBER 2009 CT 003748 (Manatee County)
On December 8th, 2009 the Defendant was found not guilty of DUI. The Defendant was parked outside of his apartment complex listening to music with the keys in the ignition of his vehicle. The Bradenton Police Department received a call for a noise complaint and responded. They claimed the Defendant was passed out behind the wheel of a running car. The evidence showed differently. The Defendant was arrested and refused all testing claiming his innocence that he was not driving. After a day-long jury trial the residents of Manatee County showed their courage and agreed with Darren Finebloom and AnneMarie Rizzo in finding the Defendant not guilty of DUI charges in less than 15 minutes.
2009 — CT 001981
The police were dispatched to a 911 call of a driver unable to maintain a single lane. The Defendant was ultimately stopped by the Manatee County Sheriff’s Office and asked to perform roadside field sobriety tests. This case involved a DUI with prescription medication and not alcohol. Following the Defendant’s performance on the field sobriety exercises he was arrested and taken to the Manatee County Jail for a breath test where he blew a .000. After the breath test, a drug recognition expert was called to the jail to conduct a DRE evaluation. The Defendant submitted to a urine test, which came back positive for his medication. David Haenel set the case for trial and on the morning of the jury pick, the state amended the DUI charge to reckless driving and the Defendant received a withhold of adjudication, meaning no conviction on his record.
2009CT002686
The Defendant was driving on the Interstate when a citizen called 911 for a possible drunk driver. The 911 caller stated the Defendant’s car was weaving and changing speeds for no reason and almost caused two accidents, then almost ran off the road numerous times finally losing control and crashing. When the Deputies arrived on scene they stated that the Defendant appeared dazed and had droopy, glassy eyes. The Defendant was given a series of Field Sobriety Exercises in which the Deputies stated were performed poorly. The Deputies arrested the Defendant and took him to jail. At the jail the Defendant provided a breath test and a urine test. The urine test was positive for a variety of drugs. AnneMarie Rizzo immediately began investigating the case and preparing her client’s defense. She told the Prosecutor the Deputy didn’t follow proper procedures and there was a lot of evidence in her client’s favor. AnneMarie set the case for trial and the Prosecutor reduced the DUI charge to Reckless Driving.
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