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TOP PALM BEACH DUI LAWYER - DWI DEFENSE - DRUNK DRIVING ATTORNEY
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DUI Recent Wins
DUI Recent Wins DUI - Not Guilty after Jury Trial A cop saw him leave a bar. He picked up a woman who needed a ride. She was not a prostitute. However, he said he wanted a blow job. She needed a ride home. She started to give him a blow job. The cop pulls up beside the car and notices her head going up and down. The officer said he reeked of alcohol, had bloodshot eyes, slurred speech and was unsteady on his feet. However, he was polite and cooperative with the officer. The second time was the charm for my client. His DUI was tried by another attorney the first time, which resulted in a hung jury. After I tried the case, a jury found him not guilty after mere minutes of discussion.
DUI dropped to Reckless Driving - Motion to Suppress Blood Results GRANTED The client was driving was driving recklessly and completely totaled his car. He rammed it into a tree. He kept saying "I'm sorry" to the officer at the scene. The officer noted he had bloodshot eyes, slurred speech, a bloody chin and red marks on his chest. The red marks, according to the officer, were consistent with an air bag being deployed. The client was taken to the hospital. He was read implied consent. He initially agreed to let the nurse take his blood. However, when they went to take it he said "I know my rights, I want to speak with my lawyer, you're going to have to kill me if you want to take my blood." The nurses and cops held him down and drugged him up. Then they took his blood. The reading came back .156, almost exactly twice the legal limit of .08. I filed a motion to suppress the blood, saying the taking of the blood was not voluntary and the client's injuries did not amount to serious bodily injury. The judge agreed and granted the motion to suppress. Two days later, I negotiated a reckless driving for the client. The terms of the negotiated plea did not include a license suspension, car immobilization or random testing for alcohol or drugs at his expense.
DUI - State concedes motion to suppress and drops DUI. The client was a decorated World War II veteran. It was an absolute honor to represent him, as my grandfather was also a decorated World War II vet. In court, I kid you not, people actually saluted him like he was a hero. He was a hero. He loaded the atomic bombs that went to Hiroshima and Nagasaki. Although those bombs killed many people, they saved countless American lives and brought the war to an end. I filed a motion to suppress the stop and seizure of my client. The motion was so strong that the Prosecutor agreed it was a bad stop. The stop was based on a BOLO (be on the lookout for) a certain vehicle and the description of the individual and direction of travel did not match. There was no mention in the BOLO of whether the client was White, Black, Hispanic, Asian, or a description of his clothing. Also, the direction of travel was not consistent with the BOLO.
DUI - All charges dropped. Although my client had been drinking, the State could not prove that my client was the driver of the car. I also won the department of motor vehicles hearing. My client got his license back.
DUI WITH COCAINE - Not Guilty after Jury Trial The client was rip-roaring drunk and had a trace amount of cocaine in his system. I filed a motion to keep the witnesses from testifying about the cocaine. The judge granted my motion. The state failed to prove beyond all reasonable doubt that my client was in actual physical control of the vehicle.
DUI WITH AN ACCIDENT- Motion to Suppress the Breath Results GRANTED DUI with an accident. Judge Barry Cohen suppressed the extremely high breath readings of .265 and .253 because the State violated my client's constitutional rights based on Shiver v State, 30 FLW D653 (FL 1st DCA March 8, 2005). Judge Cohen opined that "Because it has been established in Shiver that the breath test affidavit contains testimonial hearsay evidence, the admissibility of the affidavit alone would constitute a violation of the Confrontation Clause."
DUI - Not Guilty after Jury Trial The client was observed striking a median, making an abrupt lane change, making a wide turn and again striking the shoulder of the road. The officer turned on his lights, but the client made no attempt to stop. Eventually, the client stopped. The officer noted he smelled of alcohol, was having a hard time standing, and was leaning against the car for support. The client performed poorly on the roadside exercises, but refused the breath test. He stated "I only had two beers." His speech was slow and slurred. At trial, the jury agreed with me that there was a lack of evidence to convict. The government did not prove their case beyond all reasonable doubt.
DUI - Sentence reversed and vacated on appeal At trial, the judge limited cross examination questions. We successfully argued that the state went into new material on their re-direct examination. We were entitled to cross the officer about it. We proffered the questions we would have asked. The appellate court agreed and reversed the client's conviction. When the case came back from the appellate court, the client got a reckless driving offer.
DUI - Not Guilty after Jury Trial The client swerved erratically, jerked the car back into another lane, crossed the dividing line between lanes. He had bloodshot, watery eyes, slow, slurred speech, odor of alcohol on his breath, couldn't find his driver's license, and fumbled through his papers looking for his insurance and registration. He admitted to playing pool and having "a few beers." At trial, we proved to the jury why he had slurred speech. He was born with a speech impediment. It is not against the law to drink and drive so long as you don't blow over a .08 or your normal faculties are not impaired. The jury heard him speak. He always speaks with a lisp. He performed poorly on the roadside exercises.
DUI - Not Guilty after Jury Trial. My client was caught speeding, driving erratically. He performed poorly on the roadside exercises. I filed a motion in limine, which was granted, to keep out statements he made on video that incriminated him in a prior DUI. Not guilty in ten minutes
As a West Palm Beach DUI criminal lawyer, I hold the record for the most number of jury trials ever tried in one year at the Palm Beach Public Defenders Office. Source, John Rivera, Chief of County Court, Palm Beach Public Defenders Office. Most of those trials were DUI jury trials.
I am a published author of Stopped for DUI? Here's What to Do. From Playtime Magazine, February 2004
In Florida, you must hire a DUI criminal attorney within ten (10) days of your arrest. If you don't, your license will be suspended administratively through the Department of Motor Vehicles. I can help you keep your license.
It's possible to keep your license Can you get your license back? The only way you can possibly get your license back is if you hire a DUI criminal defense lawyer right after you are arrested. Time is of the essence. You only have 10 days from the date of arrest to demand a formal review hearing. This is your only opportunity to get your license back. If you don't, your license will be suspended. Call and we can take care of this for you. If this is your first DUI, one huge benefit is you will receive a temporary drivers license, usually within a week of filing for the formal review hearing. At the formal review hearing, I will cross examine the cops, breath technicians, and other witnesses to help you keep your driver's license.
I can show up for you at court If retained early enough, you won't have to show up for your arraignment and some other hearings. You will be able to work or go to school while I appear for you.
Consequences of a DUI Conviction All convictions for DUI in Florida, commonly called drunk-driving, have severe consequences. Upon conviction, your license will be revoked (this is a separate revocation for the criminal conviction), making it hard for you to work. Also, your insurance rates will go up. Other consequences can include:
The penalties get worse the more times you are caught driving under the influence. Also, the penalties increase if there was an accident, serious bodily injury, or death of another, even if the death was unintentional.
Sometimes it is possible for me to negotiate alternatives to jail. Some alternatives to jail can include:
Breath machines require regular maintenance. I convinced a Palm Beach County Judge to suppress two breath readings of .265 and .253. That's over three times the legal limit of .08! Why? because the government violated the client's constitutional rights based on Shiver v State, 30 FLW D653 (FL 1st DCA March 8, 2005). The Judge opined that "Because it has been established in Shiver that the breath test affidavit contains testimonial hearsay evidence, the admissibility of the affidavit alone would constitute a violation of the Confrontation Clause."
Should you blow into the breath machine? Generally, no. The Intoxilyzer 8000 (breath machine) is not accurate. In Florida, litigation is ongoing regarding the revealing of the source code of the 8000. Some counties in Florida have thrown out every breath reading because the source code has not been turned over to defense counsel. Also, why give evidence to the state attorney? They are just going to use it against you. Reasonable doubt arises from the evidence, lack of evidence and conflict in the evidence. If you blew >.08, your license will be suspended for at least 6 months. If you refused the breath, blood, or urine test, your license will be suspended 12 months for the first refusal and 18 months for a second refusal.
Different Ways to Beat a Florida DUI DWI Drunk Driving Charge If the police violated your rights, there may be a motion to suppress evidence filed in your case. If the motion is granted, your case might be dismissed. Another way to beat a DUI DWI Drunk Driving Charge is to take it to trial and win. I take DUI cases to trial and I don't charge extra. That's the fun part for me. DUI cases are often times more complex than most felony cases. As such, there are many viable ways to beat a DUI/DWI case. I look into whether:
There is strong lobby from MADD (Mothers Against Drunk Drivers). It seems like every time MADD recommends an amendment to the DUI statute, it passes. If you need the top Palm Beach Florida DWI / DUI Lawyer, Drunk Driving defense attorney, call me.
Grey aaacriminaldefense.com has its principal office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr. Tesh represents clients charged with serious federal criminal offenses before Federal Criminal Courts in Miami, Fort Lauderdale, West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach, Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts throughout the United States of America. Federal crimes lawyer, federal criminal attorney, west palm beach criminal lawyer, west palm beach criminal defense, fort lauderdale federal lawyer, west palm beach, florida, fort pierce criminal lawyer, federal criminal defense attorney, Miami federal criminal lawyer, federal lawyer west palm beach, florida attorney, west palm beach lawyer, attorney, federal appealsIf convicted, you have only ten (10) days in Federal Court, as opposed to thirty (30) days in Florida, to file a notice of appeal. If you want to appeal a conviction, you must contact a Federal criminal appeals attorney immediately as time is of the essence.
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Copyright 2007 Grey Tesh, Criminal Defense lawyer,
West Palm Beach Florida.
All rights reserved.