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.
2006 CT 000890
The Defendant was stopped by the Manatee County Sheriff’s Office for failing to maintain a single lane. The officer noted that he smelled an odor of alcohol on the Defendant’s breath and requested he perform field sobriety tests. The Manatee Deputy also claimed the Defendant had vomit and urine on his pants. Darren Finebloom filed a motion to exclude the breath test based on the unreliability of the machine. The Court ruled that the State would have to provide an expert and show the machine was reliable in order to get the Defendant’s breath test into evidence. On the eve of trial the state reduced the DUI charge to a reckless driving.
2008 CT 003803
The Defendant’s car was in a minor ditch off to the side of the road. The police got a tip that the Defendant had run off the road. The Police arrived and began a DUI investigation. The Defendant performed poorly on the field sobriety tests. The Defendant was then placed under arrest and refused to perform a breath test. Darren Finebloom then filed a motion to suppress alleging that the police unlawfully seized the Defendant. After extensive negotiations the State dropped the DUI charges.
2005 CT 004985 2/3/2009
The Police spotted the Defendant flicking a cigarette out of the window. The officers smelled an odor of alcohol and requested the Defendant perform field sobriety tests. After the Defendant was arrested he was transported back to the Manatee County Jail on Harlee Road. The Defendant took a breath test and blew a .12. Darren Finebloom challenged the reliability of the Intoxilyzer 8000. Darren Finebloom filed a motion to suppress the breath test because of this failure to turn over the code. The Judge excluded the breath test and the State reduced the charge to Reckless Driving.
2005 CT 004856 2/3/2009 — 004856 2/3/2009
The Manatee County Sheriffs stopped the Defendant for reckless driving. The police noticed signs of impairment and asked him to do some field sobriety tests. The Defendant was subsequently arrested for DUI. The Defendant took a breath test and blew nearly twice the legal limit. His breath test was a .18. Darren Finebloom attacked the reliability of the breath machine and requested certain documents from CMI the manufacturer of the Intoxilyzer 8000. The company refused this request. A motion to exclude the breath test was filed and the Judge excluded the States use of the results. Darren Finebloom filed a motion to suppress the breath test because of this failure to turn over the code. The Judge excluded the breath test and the State reduced the charge to Reckless.
2005 CT 000784 NC 2/3/2009
The Police stopped the Defendant for an improper driving pattern. She was asked to perform the Field Sobriety Tests and was subsequently arrested. The Defendant took a breath test and blew nearly twice the legal limit. Darren Finebloom attacked the reliability of the breath test machine and requested certain documents from CMI the manufacturer of the Intoxilyzer 8000. The company refused this request. A motion to exclude the breath test was filed and the Judge excluded the State’s use of the results. The State reduced the DUI charge to Reckless Driving.
The Defendant got into an accident. The police arrived on the scene and noticed numerous signs of impairment. The Defendant did not perform well on the field sobriety tests and was arrested for DUI. The Defendant blew a .128. Darren Finebloom realizing that the State may have a problem locating their witnesses pushed it to trial. The State reduced the DUI charge to reckless driving no license suspension.
The Police stopped the defendant for a traffic violation. The Florida Highway Patrol Officer made contact with the Defendant and noticed signs of impairment. The trooper stated that the Defendant failed to properly turn on his headlights. Upon making contact with the Defendant, the Defendant was asked to perform field sobriety tests. The Defendant refused the roadside tests as well as the breath test. The prosecutor decided to reduce the DUI to reckless driving.
The Police stopped the defendant for failing to drive within the lane. The Officer noticed signs of impairment, including an odor of alcohol, slurred speech, and red watery eyes. The Defendant was arrested and taken to the Manatee County Jail. The Defendant refused to take a breath test. After depositions were taken and the officer’s background was investigated, the State agreed to reduce the DUI charge to reckless driving.
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