Case Results

This list is given for informational purposes only and is in no way indicative of your case outcome. The facts differ substantially in every particular case and the attorneys in our firm will fight for the best possible outcome for you.

(LAST UPDATED 6-22-2015)

2011 MM 001910 NC  2nd Offense DUI completely dismissed

The Defendant was arrested for DUI.  However the State was missing a key piece of evidence.  They could not place the Defendant behind the wheel.  Darren Finebloom filed a motion to dismiss based on the unlawful arrest and charges we dismissed.

2011 CT 005086 NC  DUI reduced to Reckless no conviction and just a fine.

The Defendant was pulled over for an improper tag.  She was requested by the Sarasota County Sheriff’s Office to perform field sobriety tests and subsequently arrested.  She blew a .081 just barely over the legal limit.  Darren Finebloom set the case for trial and got the state to amend the DUI to a reckless driving.

DUI reduced to Reckless and Marijuana no conviction

The Defendant was stopped for speeding and requested to perform field sobriety tests.  He was arrested for DUI and possession of marijuana.  He performed a breath test and blew a .107.  Darren Finebloom challenged the breath test results and ultimately got the DUI reduced to a reckless driving.  

2010 CT 005148

Client was stopped by the Manatee Sheriff’s Office for weaving.  He was made to perform field sobriety tests and subsequently arrested for DUI.  The defendant submitted to a breath and urine test.  He blew .00 but his prescription medication was found in his urine.  Darren Finebloom set the case for trial and got the charged reduced to reckless driving.

2010 CT 001621  DUI reduced to Reckless Driving

The Defendant was on his way home from Dinner and was stopped for speeding through a construction zone.  Based on the odor of alcohol he was investigated for DUI.  Darren Finebloom set the case for trial and shortly before the trial was to take place the State reduced the charge to reckless driving.

2010 CT 000423  DUI Reduced to Reckless Driving

The Defendant was pulled over for erratic driving and the Manatee County Sheriff’s Office noticed signs of impairment.  The Defendant was asked to perform field sobriety tests and was subsequently arrested.  He refused a breath test.  On the morning of the trial Darren Finebloom convinced the State to amend the DUI to reckless driving.

2010 CT 014929 NC  2nd Offense DUI reduced to Reckless

The Defendant was stopped for driving without headlights.  He was then arrested for DUI after refusing to perform field sobriety exercises.    The Defendant informed the police he would not as he had been advised by an attorney that those tests were not reliable.  However, the Defendant did take a breath test and blew  a .085.  Darren Finebloom set the case for trial and was able to negotiate a reduction in the charge.

2010 CT 005662 SC  2nd Offense DUI within 5 Years reduced to reckless:

The Defendant was stopped for  improperly overtaking another vehicle.  The Officer from the North Port Police Department smelled alcohol and began a DUI investigation which resulted in the Defendant’s arrest.  The Defendant blew several times into the breath test machine but no valid sample was obtained.  Darren Finebloom negotiated with the State and the DUI was reduced to a reckless and no jail time.

2010CT008819NC:  NOT GUILTY AT TRIAL

3rd (Not guilty at Trial) and 4th Offense DUI, Driving while license suspended and Second Refusal reduced to reckless driving)

The Defendant was pulled over for running a stop sign and was investigated by the Sarasota County Sheriff’s Office for suspicion of DUI.  The Defendant did well on the  field sobriety tests but the State would not reduce the charge.  Darren Finebloom took the case to trial and the Defendant was found not guilty.

2010 CT 011286 NC:  After the first case and the not guilty verdict achieved by Darren Finebloom the State reduced the DUI to reckless and got no jail.

2010 CT 002457 DUI REDUCED TO RECKLESS NO CONVICTION

The  Defendant was pulled over for a traffic infraction and investigated for DUI.  He blew over the legal limit of a .08.  David Haenel and Anne Marie Rizzo challenged the breath test and got it excluded from evidence.  The State reduced the charge to a reckless driving and the defendant received a withhold of adjudication.

2010 CT 011018 NC  DUI Reduced to Reckless

The Defendant was stopped by the Sarasota County Sheriff’s office for weaving within her lane and not coming to a complete stop.  She was investigated for DUI based on slurred speech and the odor of alcohol.   She was subsequently arrested and refused a breath test.  David Haenel set the case for trial and the State reduced the charge to a reckless driving.

2010 CT 000052 SC  DUI reduced to Reckless no Conviction

The Defendant was stopped by the Sarasota County Sheriff’s Office for speeding.  The Officer noticed signs of impairment and arrested the Defendant for DUI.  The Defendant blew a .092, .107 on the Intoxilyzer 8000.  Darren Finebloom challenged the results of the machine and requested the source code from the manufacturer of the machine.  When they refused to turn that information over the Judge excluded the breath test.

2007 CT 022423 SC  DUI completely dismissed

The Defendant was stopped for bad driving and the on Office of the Venice Police Department suspected he was under the influence.  After performing the field sobriety exercises the Defendant was placed under arrest for DUI.  He submitted to a breath test and blew well over the legal limit .183.  Darren Finebloom filed a motion to suppress based on the stop of the vehicle and the entire case was dismissed by the State.

2009 CT 007165 SC  DUI above a .20 Reduced to Reckless

The Defendant was stopped for speeding.  The Officer noticed signs of impairment and the Defendant admitted to consuming three glasses of wine.  He performed very well on the field sobriety tests but was arrested any ways.  He blew over three times the legal limit.  Darren Finebloom requested the jail video where it was clear the Police did not follow the proper procedures for performing a breath test.  No 20 minute observation was done and the breath test was excluded.  The State left with very little evidence reduced the charge to a reckless driving.

Sarasota DUI Charge Dropped Thanks To DUI Checkpoint Being Ruled Unconstitutional

2010 CT 6614NC

The defendant was charged with DUI resulting from his stop at a Sarasota DUI checkpoint. The defendant is hearing-impaired. As a result he did not submit to any field sobriety tests except for the Horizontal Gaze Nystagmus. Following these exercises the defendant was placed under arrest and then submitted to a DUI breath test at the Sarasota County jail. The breath test registered a .138. A recent successful challenge to the constitutionality of the Sarasota Sheriff’s Department DUI checkpoint plan by a fellow Sarasota lawyer opened the door to challenge our client’s case. As a result of that ruling the DUI charge versus our client was dropped.

Sarasota DUI Charge Dropped Despite Breath Test Refusal and Field Sobriety Tests

2010 CT1823NC

Defendant observed driving on the rim of his vehicle. He was stopped by a Sarasota deputy. The defendant was asked to perform field sobriety tests and following those exercises he was placed under arrest. When our client arrived at the Sarasota County jail he was asked to take a breath test. He refused to do so. Despite refusing to take that breath test, lawyer David Haenel was still able to win our client’s driver’s license back. Mr. Haenel then went on to get the DUI reduced to reckless driving after much negotiating.

Intense Negotiations Lead to DUI Being Reduced To a Reckless Driving Charge for Client

2009 CT 16684SC

The defendant was found in her vehicle in a shopping center where she allegedly drove over a curb. Her car was teetering on the curb near a retention pond. Witnesses in the back of a pick-up truck observed the situation and called the police to report a possible impaired driver. Police arrived at the scene and our client greed to field sobriety tests and she did not perform well. Following her performance she refused to take a breath test. After strenuous negotiations on behalf of our client, the prosecutor offered to reduce the DUI to a reckless driving.

DUI with Refusal Dropped To Reckless Driving On the Morning of Jury Trial

2010 CT 001810 SC

The Defendant was initially stopped for speeding. Upon contact the stopping officer noticed indicators of impairment and called for a DUI investigator. The Defendant was asked to perform field sobriety exercises, was told she performed them poorly, and was arrested for Driving Under the Influence. After being taken to the jail the Defendant was asked to give a breath sample in which she refused. AnneMarie Rizzo immediately began to investigate and prepare an aggressive defense for her client. Through thorough questioning of the officers in this case AnneMarie was able to uncover several inconsistencies in the officers’ testimonies. AnneMarie immediately set the case for trial. The morning of trial AnneMarie and her client showed up prepared to make the State prove the charges against her client at trial. At that time the Prosecutor dropped the DUI charge down to a Reckless Driving and agreed to withhold adjudication so AnneMarie’s client was never convicted of any criminal offense.

DUI Charge Reduced To Reckless Prior To Arraignment Despite Poor Field Sobriety Test and Breath Test Refusal

2010 CT013341NC

The driver observed driving without any lights on. Following the traffic stop officers claimed to smell the odor of alcohol. At this point they requested our client perform Field Sobriety Tests. The defendant agreed to take part in field sobriety exercises but refused a breath test later in the DUI investigation process. The defendant retained the Law Firm of Finebloom & Haenel and prior to arraignment the State called and offered to reduce the DUI charge to reckless driving with a withhold of adjudication.

Manatee County DUI Drug Case Dropped Before Trial

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 charges were dropped.

Tampa DUI Charges Reduced – DUI with 0.19 Breath Sample Amended to Reckless Driving With No Conviction

Ref. No. 5972-XEC

Defendant was arrested for weaving and failure to maintain a single lane. Tampa police officers followed her for a few miles, stopped her and arrested her after she failed to satisfactorily perform field sobriety exercises. She was transported to Central Breath Testing and provided a breath sample of .19.Upon review of the video, DUI defense lawyer Stephen Higgins filed a motion to suppress the evidence against her based on the stop of her vehicle. Stephen was able to get her DUI charge reduced to Reckless Driving (with no conviction) and minimum sanctions. Because of the result in her case, she is eligible to seal her case.

Pinellas County DUI – DUI Case Completely Dropped After Evidence Dismissed

Ref. No. 522009CT117774XXXXXX

Defendant was arrested for DUI in Pinellas County after a citizen informant contacted Treasure Island Police Department and complained that she was drunk. Officers observed her driving her vehicle, stopped her and requested that she perform field sobriety tests. Defendant failed field sobriety exercises and provided breath samples above the legal limit. DUI defense attorney Stephen Higgins filed a motion to suppress based on the ‘citizen informant’ and lack of probable cause regarding his client’s arrest. The motion was granted, all evidence was dismissed against the defendant and the DUI case was dropped completely.

DUI Charge Reduced To Reckless Driving After Blood Draw Was Challenged

2009 CT 015280 SC

Our client was involved in a single vehicle accident.  Police arrived on the scene while the Defendant was in the back of an ambulance. The Police requested a blood draw prior to getting to the hospital to which the Defendant agreed. The blood came back positive for marijuana and controlled substances. Darren Finebloom filed a motion to suppress the blood results because the police did not lawfully request a blood test as the Defendant was not at the hospital for treatment. The State agreed to reduce the DUI charge to Reckless Driving and no conviction.

DUI with .195 Breath Test and Crash Reduced To Reckless Driving With No Conviction

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.

DUI Charges Dropped To Reckless Driving In Sarasota With Adjudication Withheld Meaning No Criminal Record

2010 CT2503 NC

The defendant was confronted by law enforcement in front of her home as result of a 911 call. Our client submitted to some, but not all, of the field sobriety exercises and was placed under arrest. She refused the breath test at the jail. David Haenel was retained and set the case for trial. On Monday before trial was set to begin the DUI case was dropped to reckless driving with an adjudication of guilt withheld meaning the defendant will have no criminal history.

4^th DUI Reduced to Reckless Driving In Manatee County

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 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.

Charlotte County DUI Dropped to Reckless Driving

10-000651T

The Defendant was stopped for erratic driving. Upon contact the Officer observed indicators of impairment and asked the Defendant to perform field sobriety tests. AnneMarie Rizzo’s client agreed to perform the tests. The officer stated he didn’t perform the tests well and arrested him for DUI. At the jail the Officer requested a breath test where AnneMarie’s client refused. AnneMarie Rizzo was able to gather evidence in her client’s defense and take the sworn testimony of the officer prior to the criminal court proceedings. AnneMarie was able to convince the Prosecutor that they couldn’t use the Refusal of the Breath test against her client. The Prosecutor then agreed to drop the DUI to Reckless Driving.

Sarasota DUI Charge Reduced To Reckless Despite Admission of Drinking 5 Or 6 beers

2009 CT17330NC

This client was pulled over for what police said was not stopping at a stop sign. Following the stop officers observed that the defendant showed signs of impairment including glassy eyes and an odor of alcohol. There were open Bud Light cans in the vehicle and an 18-pack in the back seat. The defendant admitted to the officers that he had drunk about 5 or 6 beers. At that point he was asked to perform field sobriety tests and was then arrested for DUI. He was taken to jail and refused a breath test. Attorney David Haenel represented this client as was able to get his DUI charges reduced to a Reckless Driving with a withhold of adjudication.

DUI Charges Dismissed Completely In Sarasota Case

Case# 2010 CT7525NC

This defendant was stopped after leaving a bar. The officer stopped him for illegal tint and a cracked windshield. The officer suspected DUI and asked David Haenel’s client to perform Field Sobriety Tests based on an odor of alcohol on his breath. The defendant preformed Filed Sobriety Tests and was arrested. When he got to jail in Sarasota he refused to submit to a breath test. David Haenel convinced the State Attorney to not file the charges meaning the DUI was completely dropped and charges were never filed.

Mandatory Jail And 5 Year License Suspension Avoided On Second DUI, DUI Reduced to Reckless Driving

Case # 2010CT002699

This client was facing a second DUI conviction within 10 years, which meant mandatory jail and a mandatory 5 year license suspension. Our client was stopped for speeding. The officers that pulled the defendant over claimed to smell alcohol. AnneMarie Rizzo’s client admitted to having several drinks. Her client performed poorly on Field Sobriety Tests and refused a breath test following the arrest. AnneMarie took depositions and gathered evidence as part of her investigation into the case. During this process her client never lost his license. AnneMarie set her client’s case for trial but before trial the Prosecutor decided to drop the DUI to a reckless driving with no conviction.

DUI Drug Charge Reduced To Reckless Following St. Patrick’s Day Stop

Sarasota 2010CT003165

This Finebloom and Haenel client was stopped for running a red light on St. Patrick’s Day. The officers who stopped the defendant accused our client of driving on prescription medication and drinking beer. Our client admitted to drinking two beers and refused both field sobriety tests and a breath test. AnneMarie Rizzo filed a motion to suppress the evidence and insisted that the Officers didn’t follow procedure properly. AnneMarie set the case for trial and the State decided to drop the DUI to Reckless Driving.

Client Found Not Guilty Of DUI Charges Following Trial

Case# 2010CT000884

Our client was stopped by Florida Highway Patrol after several motorists on the interstate called 911 reporting his reckless driving. These motorists claimed our client was swerving in and out of traffic and off the road, almost hitting the guardrail at one point. After the Florida Highway Patrol Trooper stopped our client he noticed a strong odor of alcohol coming from our client and stated he seemed unsteady. Our client refused to perform any roadside field sobriety tests and refused to give a breath test. The client was arrested for DUI. AnneMarie Rizzo gathered evidence and mounted a defense for her client’s case. The Prosecutor was unwilling to negotiate the case and AnneMarie challenged the State’s evidence at trial. After two days of trial AnneMarie convinced the jury to return a verdict of NOT GUILTY for her client.

Manatee County DUI Reduced To Reckless Driving After Breath Test Refusal

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

Felony DUI Reduced To Reckless Driving In Pinellas County

State v. RB Pinellas County

CRC0911210CFANO

The Defendant was originally charged with Felony DUI a 4th Offense.  The police responded to the Defendant’s home and saw a vehicle crashed into the home.  The Defendant was on scene and inebriated.  His step son was also on scene but was not questioned by the police.  The police made a decision early on that the Defendant was the driver and would be arrested for DUI.  Darren Finebloom filed a motion to dismiss the Felony DUI based on two of the Defendant’s prior convictions being uncounseled.  After 6 months of litigation the felony charges were dismissed.  Once in Misdemeanor court Darren Finebloom filed several motions including a motion to suppress, motion to dismiss and several other evidentiary motions.  The State realized they would have a difficult time proving this case reluctantly reduced the charges to reckless driving.

Case 6321-XEL, May 12, 2010 Judge Courtney

NO CONVICTION FOR ANY CHARGE! – Defendant retained Stephen Higgins on his DUI.   Defendant was stopped for following too closely and failure to maintain a single lane.  Deputies smelled alcohol and requested that defendant perform field sobriety exercises, which defendant failed.  He refused to provide a breath sample.   Stephen was able to beat the license suspension at the DMV allowing defendant to reinstate his full driving privileges.  On the criminal side of the case, Stephen was able to get the charge amended to a Reckless Driving, with no conviction, no probation and no community service hours.

Case 7153-XEF, May 11, 2010 Judge Conrad

NO CONVICTION FOR DUI –Defendant was stopped by Hillsborough Deputies after they observed her car hit and drive over a curb.  Defendant had trouble exiting the car and was unable to perform the field sobriety exercises.  She later admitted to drinking, but refused to provide a breath same.  On the eve of trial, Stephen Higgins got the charge amended to Reckless Driving.

April 28, 2010 – Case number 2849-XDY – Judge McNeil

NO DUI CONVICTION – Defendant was operating a motor vehicle in Hillsborough County and was stopped by Hillsborough County Deputies for an expired tag.  Deputies smelled alcohol and the defendant admitted to drinking.  He failed Field Sobriety Exercises but refused the breath sample.  Stephen Higgins argued lack of probable cause to arrest and was able to get the charge amended to Reckless Driving.

April 20, 2010 – Case Number 1537-XDY – Judge Huey

No DUI Conviction – Defendant, a CDL driver, was observed by Hillsborough County Deputy for speeding 70 in a 45 MPH zone. After being stopped, the Defendant performed field sobriety exercises and failed.  Defendant was transported to Orient Road jail where he provided breath samples of .103 and .109.  Defendant also admitted to drinking 4 Corona beers.  Despite the evidence of impairment, Stephen Higgins was able to get the charge amended to a Reckless Driving.

April 14, 2010 – Case Number 7565-XEF – Judge Lefler

NO DUI CONVICTION – .158!!! 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.

April 6, 2010 – Case number 6436-XAM  – Judge Huey

NO CONVICTION – NO LICENSE SUSPENSION– Defendant was stopped on Howard Ave. for erratic driving and for almost rear-ending a taxi cab.  Upon contact, Tampa Police Officers smelled an odor of alcohol on his breath.  Defendant was unable to follow instructions during the field sobriety exercises and was arrested.  The defendant refused to provide a breath sample.  Stephen Higgins got the charge amended to a Reckless Driving with no conviction and he beat the DMV suspension of defendant’s license.

April 2010 – Case 6468-XEL – Judge McNeil

NO CONVICTION FOR DUI –Defendant was stopped on Turkey Creek Road for speeding.  Defendant had bloodshot, watery eyes, slurred speech and an odor of alcohol on her breath.  She was unable to satisfactorily complete the FSE’s and was arrested.  She later provided breath samples of .102 and .100.  Despite evidence of impairment, Stephen Higgins argued lack of probable cause for the arrest and was able to get the charge amended to a Reckless Driving.

April 2010 1778-XDY – Judge Conrad

NO CONVICTION FOR DUI – Defendant was observed to be sleeping behind the wheel at a green light on the corner of Duncan Road and US HWY 301.  Deputies arrived and requested that she perform FSE, which she failed.  Defendant refused to provide a breath sample.  Pending a motion to suppress based on an illegal stop, Stephen Higgins was able to get the DUI charge amended to a Reckless Driving with no conviction.

March 2010 – Case 6661-XAM, Judge Thomas

NO CONVCTION FOR DUI  – Defendant, a special operative with the British Army, was observed on the corner of Kennedy and Armenia stopped at a green light.  Tampa police followed the defendant and observed him weaving over the double yellow lines.  Defendant was stopped and asked to perform field sobriety exercises, which he failed.  He provided breath samples of .124 and .126.  Despite evidence of DUI, Stephen Higgins was able to get the DUI charge amended to a Reckless Driving with no probation. .

March 2010 – Judge Lefler

NO CONVICTION FOR ANY CHARGE –Defendant was stopped for weaving and failing to maintain a single lane.  Upon contact with the defendant, Tampa police officers smelled alcohol and asked her to perform FSE’s.  She failed.  She was transported to CBT at Orient Road jail and refused to provide a breath sample.  Stephen Higgins was able to get the charge amended to a Reckless Driving with no conviction.

March 2010 – Judge Huey

NO CONVICTION FOR ANY CHARGE AND NO LICNESE SUSPENSION-Defendant was stopped by Hillsborough County Deputies for weaving and interfering with other traffic.  Defendant had difficulty communicating with the Deputy and failed Field Sobriety Exercises.  She was arrested and transported to CBT and provided breath samples of .099 and .096.   Stephen Higgins was able to beat the license suspension allowing defendant to retain her full driving privileges and beat the DUI and get it amended to a Reckless Driving with no conviction.

Case 3437-XDY, Judge Huey

NO CONVICTION FOR DUI  – 2nd OFFENSE in 5 YEARS – Defendant was stopped for speeding 75 in a 60 MPH zone.  Deputies smelled the odor of alcohol on defendant’s breath and requested that he perform field sobriety exercises, which he failed. Post Miranda, defendant admitted that he felt the effect of alcohol and that he should not have been driving.  Despite this damaging evidence and a prior offense within 5 years, Stephen Higgins was able to get the charge amended to a Reckless Driving, saving client from jail and a 5 year driver’s license revocation.

DUI Charges in Sarasota Dropped Against Finebloom & Haenel Client

STATE v. WD 2001 MM 000910 SC

The Defendant was involved in a car accident in 2001 in Sarasota County. He was taken to the hospital and rele4ased shortly thereafter. However, without his knowledge he was being investigated for DUI by the Florida Highway Patrol. His medical records were obtained and a warrant was issued for his arrest. His blood alcohol level was above the legal limit. Some 9 years later the Defendant was on a cruise with family and upon entering the port ion Cape Canaveral he was taken into custody. He was held there until a bond could be set. Darren Finebloom got the State to agree to a 1000.00 dollar bond and the Defendant was released. Shortly thereafter Darren Finebloom filed a motion to dismiss the DUI based on the expiration of the Statute of Limitations. Mr. Finebloom proved the Defendant was in the same residence as the address shown on his driving record and the State made no attempt to serve him with the warrant. This would have been the Defendant’s third DUI. All charges were dismissed.

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.

NO CHARGES FILED AGAINST OUR CLIENT IN SARASOTA ON A DUI WITH PROPERTY DAMAGE ARREST

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 requested 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.

NO CHARGES FILED AGAINST OUR CLIENT IN SARASOTA ON A DUI WITH PROPERTY DAMAGE ARREST

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.

DUI REDUCED TO RECKLESS DRIVING DESPITE A BREATH TEST OF 0.133

Hillsborough County Deputies received an anonymous call that a person was driving erratically and gave a last known location of the vehicle in a CVS parking lot. Deputies arrived and found defendant illegally parked in a handicap spot with vomit on the exterior of the door. Deputies approached and requested that defendant perform Field Sobriety Exercises which he failed. He was taken to Orient Road Jail and provided a breath sample of .133. Tampa DUI lawyer, arguing that the “stop” of defendant vehicle violated his 4^th Avengement rights was able to get the DUI charges reduced to a Reckless Driving. (Ref. No. 5814-XEC)

CLIENT BLOWS TWICE THE LEGAL LIMT BUT KEEPS HIS LICENSE AND CHARGES ARE REDUCED TO RECKLESS DRIVING

Tampa Police Officer arrived at McDill Air Force Base at the request of military personnel stating that defendant was at the entry gate attempting to pay a toll, apparently thinking he was on the Cross-town Expressway. Officers requested that defendant perform Field Sobriety Exercises which he failed. Defendant also admitted to drinking ‘a couple of shots.’ Defendant was arrested, transported to Orient Road jail and provided a breath sample of .165. Arguing that a critical portion of the arrest report was missing, Tampa DUI Lawyer Stephen Higgins was able to get the charge amended to a Reckless Driving. The lawyers at Finebloom & Haenel were also able to invalidate the suspension of defendant’s license meaning defendant was never without the privilege to drive. (Ref. No. 1024-XCM)

Jury Takes Just 10 Minutes to Find Orlando Woman NOT GUILTY Of DUI

A young woman in Orange County was involved in a car accident and admitted to drinking. Darren Finebloom filed motions and the State Attorney threatened if his client continued to fight the DUI charges he would revoke all offers and seek jail against a young college girl charged with a first offense DUI. Finebloom and Rizzo were undeterred and took the case to trial. The Defendant refused field sobriety tests but the officer claimed she was swaying, had slurred speech, smelled of alcohol and that he had no doubt she was impaired. The case was tried on December 14, 2009 in Orange County criminal court. After receiving all of the evidence the residents of Orange County performed their civic duty admirably and returned a verdict of Not Guilty in less than 10 minutes. (ref. 09-CT-0014594-O)

DUI Defendant Found NOT GUILTY In Manatee County

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. Darren Finebloom investigated and found 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 in less than 15 minutes. (Ref. 2009 CT 003748)

Manatee Case 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 medications 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 charge to reckless driving and the Defendant received a withhold of adjudication, meaning no conviction on his record.

Polk County 09-CT-4128, 09-CT-4129

The Florida Highway Patrol was dispatched for a traffic crash that occurred in the parking lot of a commercial business in Lakeland. The trooper made contact with the Defendant and began a criminal investigation for Driving Under the Influence with property damage and leaving the scene of an accident. The Defendant holds a CDL license and was driving a commercial vehicle at the time of the accident. The Defendant, who was on prescribed medications, performed roadside field sobriety exercises and was ultimately arrested for two counts of driving under the influence with property damage and leaving the scene of an accident. David Haenel set the case for trial and the state attorney dropped one count of DUI and the leaving the scene, and amended the other driving under the influence charge to a reckless driving. The Defendant received a withhold of adjudication, no conviction and no driver’s license suspension. An amazing result considering he is a commercial driver and a DUI conviction would destroy his livelihood.

DUI Amended to Reckless – .188, .190!! – No Conviction

Defendant was stopped at the corner of Florida Ave. and Bears Avenue in Tampa for making an illegal u-turn. Deputies smelled an odor of alcohol coming from her breath and requested that she perform field sobriety exercises which she failed. She was arrested, transported to central breath testing and blew a .188 and .190. Despite the level of her breath sample and performance on the FSE’s, our Tampa DUI lawyer was able to get her charge amended to a Reckless Driving with no conviction! (Ref. No. 0837-XDY)

DUI Amended to Reckless Driving

Defendant was stopped on Ashley Drive after Tampa Police officers observed him driving erratically on Kennedy Blvd, weaving in his lane, changing speeds and speeding. Upon contact with the officers, defendant appeared unsteady on his feet, had slurred speech and failed the sobriety exercises. Defendant was arrested and refused to provide a breath sample. Despite the evidence, Tampa DUI lawyer Stephen Higgins was able to get the charge amended to Reckless Driving. (Ref. No. 0610-XCM)

DUI REFUSAL REDUCED TO RECKLESS DRIVING AND POSSESSION OF MARIJUANA DISMISSED

2009MM003789NC

The Defendant was stopped for traveling at a high rate of speed and swerving in and out of his lane. When the Defendant was approached by law enforcement officers they immediately noticed an odor of alcohol, bloodshot watery eyes and very slurred speech. The Deputies asked the Defendant to step out of the vehicle and noticed that the Defendant was unsteady on his feet when he was standing and walking. The Deputies asked the Defendant to perform field sobriety exercises. The Defendant did the eye test (also known as horizontal gaze nystagmus), the walk and turn exercise, and the one leg stand exercise. After performing the exercises the Deputies arrested the Defendant. During the search of the Defendant’s person and vehicle the Deputies found marijuana in his possession. After the Defendant’s arrest the Deputies requested the Defendant to give a breath test. The Defendant refused to give a breath test. AnneMarie Rizzo quickly began to gather evidence in support of her client’s defense. AnneMarie took depositions and filed a motion to suppress the marijuana. The Judge granted the motion to suppress and the marijuana charge was ultimately dismissed. At the administrative DMV hearing AnneMarie also convinced the DMV to invalidate her client’s license suspension and won his license back. AnneMarie set the case for trial. The week before trial the Prosecutor agreed to drop the DUI to a Reckless Driving. The Defendant never went without a license and also received a withhold of adjudication meaning he wasn’t convicted of any offense.

DUI WITH BREATH TEST OF .131 and .126 REDUCED TO RECKLESS DRIVING

2009CT003344NC

The Defendant was stopped for driving carelessly and speeding. When the Defendant was stopped by law enforcement the Deputy noticed an odor of alcohol and that he appeared disoriented. The Deputy called out a specialized DUI deputy to further investigate the Defendant. The DUI deputy noticed the same indicators of impairment along with bloodshot eyes and slow speech. The Deputy asked the Defendant to perform several tests including the eye test (horizontal gaze nystagmus), the walk and turn, and one leg stand. The Deputy arrested the Defendant for driving under the influence. Once at the jail, the Defendant provided two breath samples with the results of .131 and .126. After his arrest the Defendant hired the Law Firm of Finebloom and Haenel. AnneMarie Rizzo and David Haenel immediately began their independent investigation to attack the State’s case against the Defendant. AnneMarie Rizzo and David Haenel were able to successfully suppress the breath test results. Therefore, the State was not allowed to use the breath test against the Defendant. The State then reduced the charge to Reckless Driving.

LEE COUNTY DUI REDUCED TO RECKLESS DRIVING 09 CT503124

The Cape Coral Police Department received a 911 call of the Defendant passed out behind the wheel of his car. After contacting the Defendant and asking him to perform field sobriety exercises he was arrested after exhibiting signs of impairment. After blowing in the breath machine and giving a urine sample the state tried to convict him for DUI. We set the case for trial and on the morning before trial the state attorney offered a reckless driving with no conviction.

DUI REDUCED TO RECKLESS DRIVING 2008 MM 018380 SC

The Defendant was stopped for having a headlight out. After being stopped, the officer asked the Defendant to submit to some roadside field sobriety tests. Based on the Defendant’s performance, the officer decided to arrest him and transported him to the Sarasota County Jail in Venice for a breath test. Prior to his transport to the jail, the defendant’s vehicle was searched and a small amount of marijuana was discovered. At the jail the Defendant refused. Aside from winning our client’s license back at the DMV, we ended up getting his marijuana charge thrown out and his DUI reduced to a reckless driving with NO conviction.

DUI REDUCED TO RECKLESS DRIVING-TRIPLE REFUSAL 2008 CT 017215 SC

The Defendant was driving south on interstate 75 traveling at a high rate of speed. Another driver called 911 to report the vehicle swerving and reckless driving. Our client was ultimately pulled over and confronted by several deputies. After a period of time a DUI deputy arrived on the scene and asked the Defendant to perform field sobriety tests. Our client refused the tests and was then arrested and transported to the jail. Once at the jail the Defendant refused a breath test. David Haenel took the depositions of at least 6 law enforcement officers who were going to testify that the Defendant was not impaired. On the day before a motion to suppress was to be heard, the State attorney amended the charge to reckless driving with alcohol not being a factor.

DUI REDUCED TO RECKLESS DRIVING- TRIPLE REFUSAL

2009CT008291SC

Defendant was being followed by an unmarked patrol car and subsequently stopped by two law enforcement officers for failure to maintain a single lane and speeding. Upon being stopped the officers noticed an odor of alcohol coming from the defendant and bloodshot watery eyes. The officers requested the Defendant to take field sobriety exercises. The Defendant refused to perform any roadside tests. He was immediately arrested for DUI and taken to the Sarasota County jail where he refused to provide any breath samples or answer any questions. AnneMarie Rizzo immediately began her investigation of the case and had all the evidence to show her client wasn’t impaired. She set the case for trial and the State Attorney decided to reduce the charges to Reckless Driving and he received a withhold of adjudication (meaning no conviction).

DUI REDUCED TO RECKLESS DRIVING NO CONVICTION 2009 CT 007812 SC

The Defendant was alleged to have caused a three car accident. A criminal investigation was done by the Sarasota County Sheriff’s office and the Defendant was arrested for DUI. During the investigation two empty beer cans were found in the Defendant’s vehicle. The Defendant was arrested after performing the field sobriety tests. She was taken to the jail where she blew below the legal limit. The officer then requested her to submit to a urine test. During the investigation, the Defendant also admitted to smoking marijuana. Darren Finebloom pushed the case to trial and did not waive speedy trial. Because the State had no evidence back on the urine results the Defendant got no conviction on a reckless driving.

DUI DROPPED ENTIRELY WITH A BREATH TEST OVER THE LEGAL LIMIT

2009CT007185NC

The Defendant was stopped for weaving from left to right and not maintaining his lane. Upon contact with the Defendant the Deputy noticed a strong odor of alcohol coming from the Defendant, bloodshot watery eyes, and slurred speech. The Defendant was asked to perform several roadside field sobriety tests and was subsequently arrested. The Defendant was taken to the Sarasota County jail. After arriving at the jail the Defendant provided a breath test with two samples registering above the legal limit. AnneMarie Rizzo took testimony from the Deputies involved in the case and gathered evidence to prove that the arresting Deputy didn’t follow proper procedures. AnneMarie filed a motion to suppress and vigorously argued for her client. During the motion to suppress after the Deputy testified he followed all the procedures, AnneMarie proved he didn’t. The Judge granted the motion to suppress on the spot. AnneMarie immediately set the case for trial and the Prosecutor dismissed all the charges!

DUI WITH SERIOUS BODILY INJURY REDUCED TO RECKLESS DRIVING WITH A BREATH TEST OF .103 and .100

2009CF004127 /2009CT006146NC 

The Defendant was involved in a crash resulting in serious bodily injury to another person. When the police arrived they noticed an odor of alcohol coming from the defendant and other signs of impairment. The Trooper requested the Defendant to perform field sobriety exercises. The Defendant was arrested and taken to jail. Upon arrival at the jail the Defendant took a breath test with the results of a .103 and .100. Rizzo immediately began zealously gathering evidence in support of her client’s defense. Within 1 month AnneMarie was able to get the felony DUI charges reduced to misdemeanor DUI charges and then after filing a motion to suppress the State Attorney decided to drop the DUI charges altogether and reduce the charge to Reckless Driving. Our client also received a Withhold of Adjudication meaning he was not convicted of any charges.

DUI WITH A BREATH TEST OF .160 and .159 REDUCED TO RECKLESS DRIVING

2009 CT 002213 SC

The Defendant was stopped for driving erratically. When the police officer, a specialized DUI officer, made contact with her he noticed a strong odor of alcohol coming from her and other indicators of impairment. The Officer asked the Defendant to perform field sobriety tests. The Defendant was arrested and taken to the Sarasota County Jail. Upon arrival at the jail the Defendant took a breath test with the results of a .160 and .159. Rizzo immediately ordered the jail surveillance from the time the Defendant arrived at the jail until after she took the breath test. At the administrative license hearing AnneMarie was able to convince the Department of Motor Vehicles that the Officer failed to comply with proper procedures and the Defendant’s license was never suspended. In the criminal case, AnneMarie filed a motion to suppress and won. AnneMarie also convinced the Judge the Officer failed to follow proper procedures. The State Attorney reduced the charge to Reckless Driving and our client received a withhold of adjudication.

DUI REFUSAL REDUCED TO RECKLESS DRIVING 

2008 CT 015053 NC

The Defendant was stopped for weaving by the police. When the officer made contact with the Defendant he noticed signs of impairment. The officer called out a specially trained DUI deputy to conduct a DUI investigation. The Defendant performed several field sobriety exercises. The Defendant was arrested and taken to the Sarasota County Jail. Upon arrival at the jail she refused to take a breath test because of all the things she had heard about the breath. AnneMarie Rizzo immediately began to thoroughly investigate the case. AnneMarie was able to gather evidence that indicated the Defendant was not impaired. AnneMarie set the case for trial. The Prosecutor filed a motion to keep out the evidence AnneMarie was intending to admit. At the hearing AnneMarie Rizzo and Darren Finebloom convinced the Judge the evidence was admissible for the Defendant to use at trial showing she wasn’t impaired. After picking a jury for trial the Prosecutor decided to reduce the charges to Reckless driving.

SARASOTA COUNTYTHE INTOXILYZER 8000 MACHINE IS NOT APPROVED 
DUI REDUCED TO RECKLESS DRIVING

2008 CT 012680 NC

The Defendant was stopped for failing to drive with headlights. The police noticed signs of impairment and began a DUI investigation. The Defendant performed well on the field sobriety tests but was still arrested by the Police. The Sarasota County Sheriff then transported the Defendant back to the jail where he agreed to take a breath test. The Defendant blew over the legal limit. Darren Finebloom challenged the validity of the machine and the Judge in Sarasota County ruled the machine was not an approved machine. As a result the Defendant’s breath test was excluded from evidence and the State dropped the charge to a reckless driving.

DUI REDUCED TO RECKLESS DRIVING

2008 CT 010981 NC

The Defendant was involved in a single vehicle accident. The police arrived on the scene and noticed signs of impairment. A DUI investigation was completed and the Defendant was arrested for DUI. The Defendant agreed to provide a breath test and blew a .13. Darren Finebloom challenged the validity of the machine and the Judge in Sarasota County ruled the machine was not an approved machine. As a result the Defendant’s breath test was excluded from evidence and the State dropped the charge to a reckless driving.

DUI REDUCED TO RECKLESS DRIVING
2005 CT 017976 NC
After four years of hard work the Defendant’s DUI arrest was reduced to a reckless driving. The Defendant was arrested for DUI and blew a .126 on the Intoxilyzer 5000. Darren Finebloom vigorously fought the intoxilyzer machine and finally his determination paid off. The Court in Sarasota ruled that the failure of the State to turn over the source code resulted in the State having a difficult time in getting the Defendant’s breath test into evidence. Because the state now had to prove the machine was scientifically reliable it dropped the DUI to a reckless driving.

DUI DROPPED ENTIRELY
2009 CT 006593 NC
The Defendant was stopped because his registration had expired. The report then states that a DUI officer with over 10 years of experience was called to the scene to conduct a DUI investigation because the Defendant had an odor and was acting strange. The Defendant conducted the field sobriety tests and was then arrested and transported to the jail where he submitted to a urine test. After all the evidence was gathered and tested, David Haenel convinced the state to drop the case entirely.

DUI REDUCED TO RECKLESS DRIVING
2009 CT 004113 NC
The Defendant was stopped because she was allegedly heading towards a Bayflite helicopter that had just landed. The deputy smelled alcohol on her breath and called for a DUI deputy. The deputy conducted field sobriety tests and at the jail the Defendant refused to submit to a breath test because of prior conversations with law enforcement officers. Finebloom and Haenel immediately began a thorough investigation of the facts, including jail surveillance video and at the end the state attorney agreed to reduce the case to a reckless driving with no conviction.

ANOTHER DUI COMPLETELY DISMISSED DEFENDANT BLOWS .192
2008 CT 018651 NC
The Defendant was stopped at a checkpoint in the 7900 block of South Tamimai Trail. The Officers noticed signs of impairment, including an odor of alcohol, slurred speech, and red bloodshot eyes. The Defendant did poorly on the field sobriety tests and was subsequently arrested. The Defendant then took a breath test and blew a .192 on both occasions. Darren Finebloom challenged the constitutionality of the checkpoint. The Judges in Sarasota County agreed with this argument and found the stop of the Defendant was unlawful. The DUI was totally dismissed.

DUI REDUCED TO RECKLESS DRIVING
2008 CT 016736 SC
The Defendant was stopped for speeding and indicated signs of possible impairment. The Defendant submitted to field sobriety tests and was arrested by a DUI deputy. The Defendant was transported to the Sarasota Jail where he refused to submit to a breath test. David Haenel convinced the State to reduce the charged to a reckless driving and the Defendant received no conviction or withhold of adjudication.

DUI REDUCED TO RECKLESS DRIVING
2008 CT 017187 NC
The Defendant was arrested for following too closely and failure to maintain a single lane. After submitting to field sobriety tests the Defendant was arrested and transported to the Jail for a breath test. The Defendant and a correctional officer became involved in an altercation and the Defendant did not provide a breath sample. After hours of depositions and negotiations, David Haenel convinced the State to ultimately reduce the case to a reckless driving

NOT GUILTY AT TRIAL
2008 CT 019307 NC
The Defendant was pulled over for driving without headlights. The Officer smelled the odor of alcohol and immediately had his mind made up that the Defendant was DUI. The Defendant performed admirably on the field sobriety tests and refused the breath test. Fortunately the Jury felt differently based on the evidence and found the Defendant not guilty. Darren Finebloom obtained a not guilty verdict.

ANOTHER DUI COMPLETELY DISMISSED DEFENDANT BLOWS .192
2008 CT 018651 NC
The Defendant was stopped a checkpoint in the 7900 block of South Tamimai Trail. The Officers noticed signs of impairment, including an odor of alcohol, slurred speech, and red bloodshot eyes. The Defendant did poorly on the field sobriety tests and was subsequently arrested. The Defendant then took a breath test and blew a .192 on both occasions. Darren Finebloom challenged the constitutionality of the checkpoint. The Judges in Sarasota County agreed with this argument and found the stop of the Defendant was unlawful. The DUI was totally dismissed.

DUI REDUCED TO A NO CONVICTION RECKLESS
2008 CT 009534 NC
The Defendant was pulled over for speeding by a Florida Highway Patrol Trooper. The Defendant, who was 18 years old, performed field sobriety tests but was still arrested for DUI. He was transported to the Sarasota County Jail and asked to submit to a breath test. He blew over the legal limit and spent over 8 hours in jail. David Haenel challenged the reliability of the breath test and the State agreed to reckless driving and adjudication was withheld, meaning no conviction and no points.

DUI REDUCED TO A NO CONVICTION RECKLESS 
2008 CT 020813 NC
An anonymous driver called the 911 dispatch center claiming that the driver in front of her was all over the road and slow to respond when approaching traffic signals. The driver followed the car for several miles until the police. The Defendant, who has numerous medical conditions, did fair well on field sobriety tests but was still arrested. Once at the Sarasota jail the Defendant submitted to a breath test and blew over the legal limit. David Haenel filed a motion to suppress the stop of the vehicle as well as the breath test in the case. The prosecutor agreed with the defense motion and agreed to reduce the charge to a reckless driving and adjudication was withheld, meaning no conviction and no points.

DUI AND OBSTRUCTION COMPLETELY DISMISSED 
2009 MM 003356 NC
The Defendant was stopped late at night for a loud stereo. Subsequent to the stop, the officers became irritated with the Defendant. The Defendant was asking simple questions regarding the field sobriety tests. Instead of explaining the tests, the officer arrested the Defendant for DUI and Obstruction. The Defendant was simply standing up for herself and exercising her rights to be informed of the situation. The only sign of impairment was the odor of alcohol on her breath. The Defendant took a breath test and blew below the legal limit. Darren Finebloom immediately began an independent investigation. After obtaining all the evidence in the case Darren Finebloom convinced the State to drop not only the DUI but also the Obstruction charge.

DUI REDUCED TO RECKLESS DRIVING
2008 MM 005548 NC
The Defendant was taking his friend home when he was confronted by a security guard at the country club gate. An argument ensued and the Police were called to the scene. The police arrived and had the Defendant perform field sobriety tests and subsequently he was arrested. The Defendant took a breathalyzer test and blew a .121 and .115. Darren Finebloom & David Haenel filed a motion to produce the source code and a subpoena to the manufacturer of the machine. As a result of years of pending litigation, the Judge in Sarasota County ruled that the State would have to prove the machine was scientifically reliable. Rather than going through this “scientific predicate”, the state attorney offered us a reckless driving.

ANOTHER DUI DISMISSED (CHECKPOINT CASE)
2008 CT 018650 NC
The Defendant was stopped at a DUI checkpoint at the 7950 block of S. Tamiami Trail. The Police noticed several signs of impairment and asked her to perform some field sobriety tests. After completion of the tests the Defendant was placed under arrest and then agreed to take a breath test. The Defendant blew a .185 and .189. Darren Finebloom and David Haenel filed a motion challenging the constitutionality of the checkpoint. Because of previous success in attacking the checkpoints the State dismissed the case.

DUI DROPPED ENTIRELY 2008 CT 021264 NC

The Defendant was involved in a minor traffic crash on St. Armand’s Circle. The Sarasota police responded to the scene and conducted a DUI investigation. Believing the Defendant might be impaired, the officer conducted field sobriety tests and then arrested the defendant for driving under the influence with property damage. The defendant then consented to a breath test at the Sarasota County jail. Following the breath test they asked the Defendant for a urine sample which he voluntarily surrendered. Darren Finebloom insisted that the Defendant would take NO offer in the case because he was not impaired. For the 8th time in 4 days the State dropped a Finebloom and Haenel case entirely.

THE STATE DISMISSES 7 OF OUR DUI CHECKPOINT CASES ON 2-3-2009
DUI DISMISSED 2009 CT 00047 NC 2/3/2009

The Defendant was stopped at a DUI checkpoint. The Police noticed an odor of alcohol and the Defendant performed some field sobriety tests. After the tests she was arrested for DUI and submitted to a breath test. Darren Finebloom argued to the State Attorney’s Office that they would not be able to prove this case and that the DUI operational plan was unconstitutional. The Judge agreed and the State dropped the DUI charge.

2008 CT 015879 NC DUI DISMISSED

The Defendant was stopped at a DUI checkpoint. She was subsequently arrested for DUI and blew over the legal limit. Darren Finebloom and David Haenel argued that the checkpoint was unconstitutional based on the fact that it gave unbridled discretion to the police. The Court in Sarasota granted the motion to Suppress–leaving the State with no field sobriety tests or breath test results. The State completely dismissed the DUI charge.

2008 CT 013980 NC DUI DISMISSED

The Defendant was stopped at a DUI checkpoint. She was subsequently arrested for DUI where she blew over the legal limit. Darren Finebloom and AnneMarie Rizzo argued that the checkpoint was unconstitutional based upon a prior ruling. In a decision from 2008, the judges at the Second District Court of Appeal held that a Charlotte County DUI checkpoint was unconstitutional because it gave too much discretion to the checkpoint supervisor. Applying that reasoning, our office argued that the Sarasota checkpoint plan gave unbridled discretion to the police. The Court in Sarasota granted the motion to Suppress ALL physical evidence and the State completely dismissed the DUI charge.

2007 CT 005356 NC DUI DISMISSED

The Defendant was stopped at a multi-agency DUI checkpoint. She was subsequently arrested for DUI where she blew over the legal limit. Darren Finebloom and AnneMarie Rizzo argued that the checkpoint was unconstitutional based on the fact that it gave unbridled discretion to the Police. The Court in Sarasota granted the motion to Suppress and all Field Sobriety Tests and the Breath test were excluded as evidence. The State completely dismissed the DUI charge.

2007 CT 005339 NC DUI DISMISSED

The Defendant was stopped at a DUI checkpoint. She was subsequently arrested for DUI where she blew over the legal limit. Darren Finebloom and David Haenel argued that the checkpoint was unconstitutional based on the fact that it gave unbridled discretion to the Police. The Court in Sarasota granted the motion to Suppress and all Field Sobriety Tests and the Breath test were excluded as evidence. The State completely dismissed the DUI charge.

2008 CT 15881 NC DUI DISMISSED

The Defendant was detained at a DUI checkpoint. She was subsequently arrested for DUI and provided a breath sample. AnneMarie Rizzo set the case for trial and was prepared to argue that her client was not impaired. Prior to trial, AnneMarie argued that the DUI checkpoint plan was flawed because it gave the Sarasota Sheriff Sergeant too much discretion and control in the operation of the checkpoint. The Court agreed and entered an order throwing. The State completely dismissed the DUI charge.

2008 CT 13983 NC DUI CHARGES DISMISSED

The Defendant was stopped after going through a DUI checkpoint in the 5500 block of South Tamiami Trail. He was stopped by a “line” deputy because our client’s speech was unintellible and he had a strong odor of alcohol on his breath. The Defendant’s breath alcohol level was a .199, over twice the legal limit. Darren Finebloom and David Haenel argued that the checkpoint was unconstitutional based on the fact that it gave the supervising deputy too much discretion during the checkpoint. Both criminal Judges in Sarasota granted the motion, and the case was thrown out. The State completely dismissed the DUI charge.

2008 CT 006501 NC DUI CHARGES DISMISSED

The Defendant was stopped at a multi-agency DUI checkpoint. The checkpoint was attended by officers from Sarasota, Venice, and North Port Police Departments. After attempting to leave Siesta Key, the Defendant was detained by a line officer because she had a strong odor of alcohol, bloodshot eyes and mumbled speech. After admitting to three beers she performed field sobriety tests and subsequently blew a .186 on the breath test. Darren Finebloom and Anne Marie Rizzo argued that the checkpoint was unconstitutional based on the fact that it afforded too much discretion to the Police. Two Judges in Sarasota granted the defense motion to Suppress all field sobriety and the breath test. One week later the state completely dismissed the DUI charge.

NOT GUILTY OF DUI AT JURY TRIAL 1-07-2009
2008 CT 014268 NC
The Defendant was stopped for running a red light and weaving all over the road. The deputy sheriff claimed that the Defendant had a strong odor of alcohol, slurred speech, and had a difficult time following simple instructions. The Defendant refused to do any of the tests including the breath test. He was arrested and charged with DUI. Darren Finebloom pushed the case to trial. After trial the Defendant was found not guilty by a jury of his peers and justice was truly served.

DUI REDUCED TO RECKLESS DRIVING WITH NO CONVICTION 12-15-2008
2008 CT 015475 SC
The Defendant was stopped by a deputy following a 911 call of a careless driver. As the deputy was behind the Defendant he observed the driver almost strike the curb and then drive on the middle of the dotted line. A traffic DUI deputy was called and a DUI investigation resulted in the defendant’s arrest. The Defendant refused to take a breath test and before a motion to suppress was filed by AnneMarie Rizzo on behalf of her client, the State reduced the charge to a reckless driving with adjudication of guilt withheld. That means that her client did not get convicted nor have 4 points assessed on his driving record.

DUI REDUCED TO RECKLESS DRIVING WITH NO CONVICTION 12-10-2008
2008 CT 016742 NC
The Defendant was stopped for almost hitting a deputy’s vehicle. He was asked to perform field sobriety exercises and was subsequently arrested for DUI. He was taken to the Sarasota County Jail and refused to provide a breath test. Our office won the DHSMV hearing, saving our client a 6 month administrative suspension. AnneMarie Rizzo filed a motion to suppress evidence on the grounds that procedure was not followed correctly by the experienced DUI deputy. The Judge granted the motion immediately and the State amended the charge to a reckless driving and offered our client NO CONVICTION. Our client NEVER went without a license during this entire episode.

DUI NOT GUILTY AT JURY TRIAL 11-20-2008
2008 CT 007018 NC
The Defendant was out with friends for a going away party. He decided to leave the bar and head home. He was followed by two police officers who alleged that he was weaving within his lane and drove off the side of the road. The Defendant performed all of the Field Sobriety Tests and was subsequently arrested for DUI. He was taken back to the jail where the Sarasota County Sheriff’s Office alleged he refused to take the Breath Test. Darren Finebloom set the case for trial. During the trial Mr. Finebloom vigorously disputed the officer’s testimony and gained an acquittal for the Defendant. Justice was served in this case as the State could not meet its burden. The Jury acquitted the Defendant within an hour of deliberations.

DUI DISMISSED ENTIRELY 12-3-2008
2008 CT 016741 SC
The Defendant was stopped by a North Port officer for failure to maintain a single lane. That officer called for a backup officer who arrived to conduct a DUI investigation. Our client explained to the officer that he was nervous and not impaired. The officers conducted field sobriety exercises and administered a breath test. The officers even asked our client to take a urine test. The evidence was provided to AnneMarie Rizzo who convinced the prosecutor that they did not have enough evidence to prove the charge beyond a reasonable doubt. The State Attorney agreed and declined the case entirely.

DUI REDUCED TO RECKLESS DRIVING 10-22-2008
2nd DUI WITHIN 5 YEARS REDUCED TO RECKLESS DRIVING
The Defendant was facing 60 days in the county jail and loss of her license for five years. The Defendant had a DUI conviction in 2004. The Defendant was stopped on the side of the road and was approached by the police. She let her foot of the brake and crossed two lanes of traffic. Eventually the Police made contact with her and smelled the odor of alcohol on her breath. She was forced to perform field sobriety exercises and subsequently arrested for DUI. The Defendant refused a breath test. Darren Finebloom filed a motion to exclude the field sobriety tests because they were not voluntary. Just prior to the hearing on the motion to suppress the charges were reduced to a reckless driving no jail and no 5 year license suspension. (2008 CT 004624 NC)

DUI DISMISSED ENTIRELY 9-24-2008
The Defendant went through a DUI checkpoint and was stopped by Police. The Deputies noticed an odor of alcohol on the Defendant’s breath and ordered him into the checkpoint area for further investigation. The Defendant performed several Field Sobriety Tests and was subsequently arrested. The Defendant took a breath test. Anne Marie Rizzo and David Haenel pushed the case to trial and the State dropped the charges. NOT REDUCED DUI DROPPED ENTIRELY (Ref. 2008 CT 013981 NC)

DUI-NOT GUILTY!! 2006 CT 008488 NC
The defendant was in the parking lot of a local dance club when a disturbance occurred. The defendant quickly left the area with his sister and was followed throughout Sarasota and Manatee counties for at least 15 minutes by a car full of other people. A passenger in the car following the defendant called 911 and told the dispatcher that he would kill the defendant if they caught him. The defendant’s sister also called 911 and reported the car following them. Ultimately, the defendant was stopped by the police and charged with DUI. He submitted to a breath test and provided a breath sample over a .08. Darren Finebloom successfully argued to the Jury that the defendant drove his vehicle out of necessity and the Jury, after listening to the 911 tapes, returned a verdict of NOT GUILTY. (Ref. 2006 CT 08488 NC)

DUI REDUCED 9-19-2008
The Defendant was stopped by the Sheriff’s Office and after smelling alcohol the officer asked the Defendant to perform roadside field sobriety tests. The Defendant was then given a breath test and blew a .137 and a .139.AnneMarie Rizzo successfully argued to the court to suppress the evidence because the State failed to provide the DVD after being ordered. AnneMarie negotiated a reduced charge of reckless driving and adjudication was withheld, meaning he did not receive points on his license. (Ref. 2008 CT 05553 NC)

DUI DROPPED 9-17-2008
The Defendant was stopped for failure to maintain a single lane. He submitted to roadside field sobriety tests and was ultimately arrested. He then blew into the intoxilzyer and registered a .000. He then agreed to give urine and David Haenel pushed the case to trial on the theory that the State was not going to be able to prove the Defendant was under the influence of a controlled substance at the time of driving. Two weeks prior to trial the State dropped the charges. NOT REDUCED-DISMISSED ENTIRELY (Ref. 2008 CT 011127 SC)

ANOTHER DUI DROPPED ENTIRELY 9-17-2008
The Defendant was stopped for having a cracked taillight. The Defendant submitted to roadside field sobriety tests and was ultimately arrested. He was then transported to the county jail where he refused to submit to a breath test. We filed a motion to suppress the stop of the vehicle and David Haenel and Darren Finebloom convinced the State to totally drop the case. (Ref. 2008 CT 009492 SC)

DUI DISMISSED ENTIRELY 8-20-2008
The Defendant was involved in an accident. Law enforcement was called , noticed signs of impairment and began a DUI investigation. Subsequent to the investigation the Defendant was arrested for DUI and refused a breath test. Darren Finebloom thoroughly investigated the case and pushed the case to trial. Just prior to trial the State dropped the DUI charge. This was the Defendant’s second DUI offense within a 5 year period and he was facing at least 30 days in jail. (Ref 2008 CT 002472 NC).

DUI REDUCED TO RECKLESS
The defendant was discovered in a ditch after driving off the roadway. A Sarasota County Deputy arrived on the scene, conducted a DUI investigation and subsequently arrested the defendant. The Defendant later submitted to a breath test and blew over a .20. Darren Finebloom argued that the State would not be able to prove DUI beyond a reasonable doubt and, on the eve of trial, the State Attorney reduced the charge to a Reckless Driving. (Ref. 2007 CT 019908 NC)

DUI REDUCED
The Defendant drove through a DUI checkpoint and was detained by officers after they observed bloodshot watery eyes and smelled alcohol on his breath. The Defendant then submitted to a breath test and blew a .125. After a long drawn out challenge by Darren Finebloom to the intoxilyzer results the State dropped the charge to a reckless. (Ref 2006 CT 016290 SC)

DUI REDUCED
The Defendant was observed driving 73 in a 45 and weaving outside his lane. The officer pulled him over and he performed some roadside field sobriety tests. The Defendant refused the breath test and Darren Finebloom pushed the case to trial. Two weeks prior to trial the State dropped the charge to a reckless driving. (Ref 2007 CT 020566 NC)

DUI REDUCED
The Defendant was stopped at a DUI checkpoint. He submitted to roadside field sobriety tests and did very well. Following his performance on the tests he was placed under arrest and transported to the Sarasota County jail. Realizing that his performance on the tests was excellent, he refused to take the breath test. Following lengthy discussions with the state attorney they ultimately decided to reduce the case to a reckless driving. (Ref. 2007 CT 24551 NC)

DUI DROPPED
The Defendant was stopped for speeding and following the stop was asked to submit to field sobriety tests. David Haenel wrote a letter to the State Attorney asking the State to drop all the charges because he did not think they were going to prove the case beyond a reasonable doubt. After waiting for the urine results to come back negative the State dropped the charges. (Ref. 2008 CT 007065 NC)

SECOND DUI DROPPED!!
The Defendant was stopped at a DUI checkpoint. To determine whether the defendant was drunk, a Sarasota County Deputy requested that she perform Field Sobriety Exercises, which the police claim she failed, and placed her under arrest. She later agreed to provide a breath sample. After lengthy negotiations by Darren Finebloom with the State Attorney’s Office regarding the DUI checkpoint and other factual evidence, the State dropped all charges. (Ref. 2007 CT 024552 NC)

DUI REDUCED TO RECKLESS
The defendant was involved in a minor motor vehicle accident. Following the accident and DUI investigation, the defendant was transported to the Sarasota County Jail where she provided breath samples of .161 and .165.Darren Finebloom set the case for trial and the State Attorney withheld adjudication (no conviction) to the reduced charge of Reckless Driving. (Ref. 2007 CT 020162 NC)

DUI REDUCED TO RECKLESS
The defendant was involved in a fight and later stopped on suspicion of DUI. The defendant was charged with DUI, battery, and disorderly intoxication. After filing a Motion to Suppress evidence in the DUI case, Darren Finebloom convinced the State Attorney’s Office to reduce the DUI charge to a Reckless Driving (with no conviction), and dismiss all remaining charges. (Ref. 2007 MM 018118 SC)

DUI REDUCED TO RECKLESS
The defendant was involved in a three car accident and following her performance on field sobriety tests was arrested for DUI. She also submitted to a urinalysis which tested positive for numerous medications. After lengthy negotiations by Darren Finebloom with the State Attorney, two counts of DUI were never filed, the remaining DUI charge was reduced to a Reckless Driving, and all remaining civil infractions were dismissed. (Ref. 2007 CT 019460 NC)

DUI REDUCED TO RECKLESS
The defendant was arrested for DUI and subsequently refused to take a breath test . On the theory that witnesses would not be available to testify against the defendant, David Haenel pushed the case to trial. On the day of trial, the DUI charge was reduced to Reckless Driving. (Ref. 2007 CT 012874 SC)

DUI REDUCED TO A RECKLESS
The defendant was pulled over for weaving within her lane. The Officer noticed an odor of alcohol on the defendant’s breath, bloodshot watery eyes and slurred speech. The defendant was subsequently arrested for DUI and refused to take a breath test. Darren Finebloom refused to allow his client to plead guilty to DUI and set the case for trial. On the eve of trial, the State reduced the DUI to Reckless Driving.(Ref. 2007 CT 000585 NC)

DUI REDUCED TO RECKLESS
The defendant was stopped for failing to maintain a single lane. The Deputy asked her out of her car and checked her eyes to determine whether she was impaired. After much interrogation, the defendant admitted to smoking marijuana earlier in the evening. The defendant was subsequently arrested for DUI. Darren Finebloom filed a Motion to Suppress the statements made by the defendant and the Judge granted this motion. The State filed an appeal. Eventually the State reduced the charge to Reckless Driving, without any formal conviction of the charge. (Ref. 2006 CT 023585 NC)

DUI-NOT GUILTY
The defendant was involved in an automobile accident. The Florida Highway Patrol arrived and performed a DUI investigation after they smelled an odor of alcohol coming from defendant’s breath. The defendant later provided breath samples of .084 and a .089. Darren Finebloom refused to allow the defendant to take any plea deal and argued that the State Attorney could not prove, beyond a reasonable doubt, that the defendant was impaired at the time of driving. At trial, the Jury returned a verdict of Not Guilty. (Ref. 2005 CT 12205 NC)

DUI-NOT GUILTY
Police arrived on the scene of an accident and found the defendant outside his vehicle. While questioning the defendant, the police smelled an odor of alcohol and asked the Defendant to perform field sobriety tests, and then arrested him for DUI. The Defendant later provided a breath sample of .106. At trial, Darren Finebloom and David Haenel argued that the State Attorney could not prove that defendant was in actual physical control of the vehicle nor was he impaired at the time of driving. The jury returned a Not Guilty verdict. (Ref. 2006 CT 023931 NC)

DUI DISMISSED!!
The Defendant was involved in an accident. The Police were dispatched to the scene and observed the Defendant in the driver’s seat. The Police smelled a strong odor of alcohol on the Defendant. A blood draw was performed on the Defendant and it was determined that his blood alcohol level was .128. Darren Finebloom filed a Motion to Dismiss arguing that the Statute of Limitations had expired. The statute of limitations on a Misdemeanor DUI is 2 years. The Defense proved that no diligent or reasonable search was made to locate the Defendant. Four counts of DUI with property damage were dismissed. (Ref. 2003 CT 010852 SC)

DUI REDUCED TO A RECKLESS 
The Defendant was pulled over for speeding and following too closely on the interstate. Darren Finebloom filed a Motion to Suppress the evidence, and on the eve of trial, the State Attorney reduced the charge to Reckless Driving. (Ref. 2006 CT 015361 NC)

DUI DROPPED DURING TRIAL!!
The Defendant was stopped prior to a DUI checkpoint. The Trooper conducted roadside tests and Defendant provided a breath sample over a .08. During trial, Darren Finebloom argued that the State Attorney was unable to prove venue and the case was reduced to a Reckless Driving without any conviction. (Ref. 2006 CT 21826 NC)

DUIDISMISSED!!
The Defendant was stopped for committing a traffic infraction. The Officer smelled an odor of alcohol on the Defendant’s breath. He was asked to perform field sobriety tests and subsequently arrested for DUI. David Haenel was able to get the DUI dismissed prior to any trial.(Ref. 2004 CT 014252 NC)

NOT GUILTY – ACQUITTED!
The Defendant got into an accident. The Police arrived on the scene noticed an odor of alcohol coming from the Defendant’s breath and requested that the Defendant perform Field Sobriety tests. The Defendant was arrested and later took a breathalyzer test and blew over the legal limit. David Haenel gained an acquittal at the trial of the Defendant. (Ref. 2004 CT 018624 NC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for failing maintain a single lane. He was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant blew over the legal limit. Darren Finebloom filed a motion to suppress/exclude all evidence obtained as a result of the unconstitutional stop. The State reduced the charge from DUI to Reckless Driving. (Ref. 2004 CT 013366 SC)

DUI REDUCED TO RECKLESS DRIVING
Client was stopped at a DUI checkpoint in Sarasota County Florida. After completing field sobriety tests and blowing a .15 the client was arrested for DUI. Darren Finebloom filed several motions attacking the area of which the checkpoint was conducted including the fact that there was no place for any vehicle to avoid the checkpoint in violation of the U.S. Constitution. The State dropped the DUI. (Ref. 2005 CT 004750 NC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for committing a traffic infraction. He was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant blew a .093 over the legal limit. David Haenel set the case for trial and the DUI was reduced to RECKLESS DRIVING. (Ref. 2004 CT 017705 NC)

DUI DISMISSED!!
MOTION TO DISMISS GRANTED The Defendant was pulled over for committing a traffic infraction. The Police then requested the Defendant perform some field sobriety tests. The Defendant was subsequently arrested for DUI and took a breath test. The Defendant blew over the legal limit. Darren Finebloom filed a motion to dismiss based upon the fact that the Defendant was not in actual physical control of the vehicle. The State did not oppose the motion and charges were dismissed. (Ref. 2005 CT 018503 SC)

DUI REDUCED TO RECKLESS DRIVING 
The Defendant got into an accident. The Police arrived on the scene and requested that the Defendant perform Field Sobriety tests. The Defendant was arrested and later took a breathalyzer test and blew over a .20.David Haenel pushed the case on the theory that there was insufficient evidence to place the Defendant behind the wheel of the vehicle. The State dropped the charge from DUI to RECKLESS DRIVING.(Ref. 2004 CT 012125 NC)

DUI CHARGE REDUCED TO RECKLESS DRIVING
The Defendant got into an auto accident. The Police arrived on the scene and requested that the Defendant perform Field Sobriety tests .The Defendant was arrested and later took a breathalyzer test and blew over a .20.David Haenel pushed the case on the theory that there was insufficient evidence to place the Defendant behind the wheel of the vehicle. The State dropped the charge from DUI to RECKLESS DRIVING. (Ref. 2005 CT 017078 NC)

DUI CHARGEREDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding and ordered to perform field sobriety tests. The Defendant was subsequently arrested for DUI and refused to take a breath test. The case was set for trial. Darren Finebloom appeared for the client’s trial and the State dropped the DUI to a lesser charge of Reckless Driving.(Ref. 2005 CT 010073 NC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was involved in a motor vehicle accident. The Police arrived on the scene and transported the Defendant to the Hospital wherein they took a blood sample to determine whether the Defendant was impaired. The defendant’s blood results were more than twice the legal limit. David Haenel pushed the case to trial and the State reduced the charge from DUI to Reckless Driving. (Ref. 2004 CT 020231 SC)

DUI DISMISSED!!!
Police stopped the Defendant for a traffic infraction. The Client then performed field sobriety tests and was subsequently arrested for DUI. David Haenel set the case for trial and the State of Florida eventually DROPPED the DUI. (Ref. 2005 CT 009121 NC) – DUI Attorneys

DUI REDUCED TO RECKLESS DRIVING
Police approached the Clients vehicle while legally parked. Officer claimed they stopped the Defendant for loud stereo. The Defendant performed field sobriety tests and was subsequently arrested. Darren Finebloom picked the jury and on the day of trial the State dropped the DUI. DUI dropped to reckless driving. (Ref. 2006 CT 008295 SC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for making an illegal u-turn by the Florida Highway Patrol. The Police then ask the Defendant to perform Field Sobriety tests and is subsequently arrested for DUI. The Defendant refused to take a breath test. Darren Finebloom set the case for trial and minutes before the jury was selected the State dropped the charge from DUI to Reckless Driving. (Ref. 2006 CT 008877 SC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding and ordered to perform field sobriety tests. The Defendant was subsequently arrested for DUI and refused to take a breath test. The case was set for trial. Darren Finebloom appeared for the client’s trial and the State dropped the DUI to a lesser charge of Reckless Driving.(Ref. 2006 CF 004756 NC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped by police on the basis of a caller’s complaint of a reckless driver. The Defendant was made to perform field sobriety tests and refused to take a breath test. Darren Finebloom set the case for trial, presented evidence which tended to negate the Defendant’s guilt and the State of Florida reduced the charge from DUI to reckless driving.(Ref. 2006 CT 005120 SC)

DUI REDUCED TO RECKLESS DRIVING
Client was stopped for going 105 in a 65 miles per hour zone. The defendant then performed field sobriety tests and subsequently arrested for DUI. The defendant refused a breath test. Darren Finebloom filed a motion suppressing the Field Sobriety tests as not being voluntary. The State Attorney’s office dropped all DUI charges.(Ref. 2005 CT 020264 SC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for an improper taillight. The Defendant was then asked to perform Field Sobriety tests and was subsequently arrested for DUI. The Defendant refused a breath Test. David Haenel did a public records request for the arresting Officers personnel file upon showing the evidence to the State Attorney’s office the DUI was dropped. (Ref. 2005 CT 005264 NC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was pulled over for committing a traffic infraction. The Police then requested the Defendant perform some field sobriety tests. The Defendant was subsequently arrested for DUI and took a breath test. David Haenel pushed the case to trial and the State reduced the charge. (Ref. 2005 CT 012039 SC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for a traffic infraction. The Defendant was then asked to perform Field Sobriety tests and was subsequently arrested for DUI. The Defendant refused to provide a breath test. David Haenel pushed the case to trial and the State reduced the charge. (Ref. 2006 CT 001336 NC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was pulled over for speeding. The Police then requested the Defendant perform some field sobriety tests. The Defendant was subsequently arrested for DUI and took a breath test. David Haenel set the case for trial and the State reduced the DUI to Reckless Driving. (Ref. 2006 CT 005256 NC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was found passed out in his vehicle. He was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant took a breath test. David Haenel set the case for trial and the DUI was reduced to Reckless Driving. (Ref. 2006 CT 009095 NC)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for running a stop sign and ordered to perform field sobriety tests and subsequently arrested for DUI. The Defendant took a breath test and blew over the legal limit. Darren Finebloom filed a motion to exclude the field sobriety tests because they were not voluntary. The State reduced the DUI charge to Reckless Driving. (Ref. 2006 CT 010083 NC)

MANATEE COUNTY
CASE RESULTS

DUI REDUCED TO RECKLESS DRIVING 2009 CT 002969
The Defendant was stopped by an officer with the Longboat Key Police Department for failure to maintain a single lane. The most important aspect of our client’s case was our ability to challenge the stop of his vehicle. David Haenel attended the client’s DMV hearing and cross examined the arresting officer, realizing that the stop of the vehicle was an issue.

Even though we were not successful at winning our client’s DMV hearing, we filed a motion to suppress the stop of our client’s vehicle. Rather than potentially losing the motion and being stuck with no evidence, the state attorney offered us a reckless driving and the court withheld adjudication. That means that the client does not have a criminal history.

DUI REDUCED TO RECKLESS DRIVING 2005 CT 004985 2/3/2009
The Defendant was stopped for flicking a cigarette out the window. He was asked to perform the Field Sobriety Tests and was subsequently arrested. The Defendant took a breath test and blew a .12, over the legal limit. Darren Finebloom did a subpoena to the manufacturer of the Breath Test Machine requesting the source code. The manufacturer of the machine refused to turn over this important information. 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.

DUI REDUCED TO RECKLESS DRIVING 2005 CT 004856 2/3/2009

The Defendant was stopped for driving recklessly through a parking lot. He was asked to perform the Field Sobriety Tests and was subsequently arrested. The Defendant took a breath test and blew a .18, over twice the legal limit. Darren Finebloom did a subpoena to the manufacturer of the Breath Test Machine requesting the source code. The manufacturer of the machine refused to turn over this important information. 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.

DUI REDUCED TO RECKLESS DRIVING 2005 CT 000784 NC 2/3/2009
The Defendant was stopped for driving recklessly through a parking lot. She was asked to perform the Field Sobriety Tests and was subsequently arrested. The Defendant took a breath test and blew a .15, almost twice the legal limit. Darren Finebloom did a subpoena to the manufacturer of the Breath Test Machine requesting the source code. The manufacturer of the machine refused to turn over this important information. 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.

DUI REDUCED TO RECKLESS DRIVING 2008 CT 002552 12/29/2009
The Defendant was involved in an accident wherein she ran into another person’s vehicle. There were numerous witnesses to the accident. The Defendant performed poorly on the field sobriety tests and blew a .128, over the legal limit. Darren Finebloom realizing that many of the State’s witnesses were out of State pushed the case to trial. The State realizing the case would be hard to prove reduced the charge to reckless driving no license suspension.

DUI REDUCED 
The Defendant was stopped for failing to turn on his headlights while pulling out of a business. The Trooper made contact with the Defendant and after smelling alcohol and observing bloodshot and watery eyes asked him to conduct field sobriety tests. The Defendant refused the roadside tests as well as the breath test. The prosecutor was very reasonable and rather than risking a possible not-guilty verdict, decided to reduce the case to reckless driving.(Ref. 2008 CT 1544)

DUI REDUCED
The Defendant was stopped for failing to maintain a single lane. After stopping the Defendant the Deputy conducted field sobriety tests and then ultimately arrested him. The Defendant refused to take a breath test and then fled the jurisdiction for 6 years. After depositions were taken and the officer’s background was investigated, the State agreed to reduce the case to reckless driving. (Ref. 2002 CT 445)

DUI > .20 REDUCED TO RECKLESS DRIVING
The Defendant was contacted at a convenient store by two officers who noticed signs of impairment and they told her not to drive. The Defendant disregarded the warnings and was pulled over by the same officers for running two stop signs. The Defendant refused to perform any field sobriety tests unless her attorney was present. She was immediately arrested and taken to the Manatee County Jail where she was improperly coerced into giving a breath sample. The Defendant blew over a .20 almost three times the legal limit. Darren Finebloom filed a motion to suppress the breath test and successfully argued that the officer improperly coerced the Defendant into taking a breath test. After getting the breath test suppressed the State appealed the ruling and again Darren Finebloom was successful. Eventually, the State reduced the charge to reckless driving and no conviction (i.e. a withhold of adjudication). 2007 CT 003180

DUI REDUCED TO RECKLESS DRIVING
Defendant was in a convenient store and was approached by two Manatee County Deputies and ordered not to drive her vehicle. She disobeyed their order, exited the convenient store and ran two stop signs before she was eventually stopped by the same deputies who were lying in wait. She refused to perform field sobriety tests and was later coerced to provide a breath sample and blew over .20, more than three times the legal limit. Darren Finebloom successfully argued a Motion to Suppress the breath test on the grounds that the deputies provided incorrect information, which effectively prohibited the state attorney’s office from using the breath sample as evidence. The State lost the appeal and, without the breath sample as evidence, the State was forced to reduce the case to a reckless driving without any conviction (withhold of adjudication). (Ref. 2007 CT 003180)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding and following the stop was asked to perform Field Sobriety tests. Darren Finebloom, set the case for trial. Mr. Finebloom provided several police reports wherein the arresting officer had arrested someone for DUI and the person blew under the legal limit. The Defendant refused the breath test in this case. Mr. Finebloom showed up for trial and the State reduced the charge from DUI to Reckless Driving. (Ref. 2008-CT-000827)

JUDGE DISMISSED DUI CASE!!
The Defendant was involved in a minor automobile accident. The police arrived after the accident and began a DUI investigation based on several clues of impairment. Defendant was arrested on suspicion of DUI and later provided a breath sample of .176, more than twice the legal limit. Despite the very high breath test results, Darren Finebloom and David Haenel argued that the State could not prove that defendant was impaired at the time of driving and the Judge agreed, dismissing the entire case.(Ref. 2005 CT 004499)

DUI CHARGES DISMISSED!!
The Defendant was stopped after a citizen informed police that he had been driving erratically. The Police located the Defendant’s motorcycle and began to follow it. The Police observed the Defendant driving erratically, turning in front of oncoming traffic, and failing to use his turn signal. The police then began a DUI investigation. In the police report the Police stated that a video of the DUI investigation was placed into property. After numerous requests to produce the video none was revealed. A motion was filed to dismiss the case on due process grounds because of the loss of key evidence. Darren Finebloom argued the motion and proved that the video was lost, was material to the defense of this case, and the defendant was prejudiced because of the lost evidence. The Court dismissed the DUI charge. Ref. 2007 CT 003504)

DUI DROPPED!!
The Defendant was stopped for “reckless” driving and a DUI officer was contacted to take over a DUI investigation. After reviewing the video surveillance of the defendant’s roadside tests, Darren Finebloom argued to the State Attorney that the officer had probable cause to arrest the defendant for DUI. Despite offering to reduce the charge, Darren Finebloom felt the evidence justified a not guilty verdict and left the case set for trial. On the morning of trial, the State Attorney dropped the DUI charge.(Ref. 2007 CT 1941)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped after driving on two flat tires. He was asked to perform field sobriety tests and then then blew double the legal limit. Working in tandem, David Haenel and Darren Finebloom were able to overturn the license suspension and convince the State Attorney to reduce the case to a Reckless Driving, meaning defendant never went without driving throughout the duration of his case. (Ref. 2008 CT 000244)

DUI REDCUED TO RECKLESS DRIVING
The Defendant was involved in an accident and subsequently charged with DUI and Leaving the Scene of an Accident. Defendant provided a breath sample of .130. On the morning of trial prior to picking a jury, on the theory that the State Attorney would not be able to prove beyond reasonable doubt that defendant was driving the car at the time of the accident, Darren Finebloom was able to keep defendant from being convicted of either charge and reducing the DUI to a Reckless Driving. (Ref. 2007 CT 00878)

DUI DISMISSED!!
In a VERY unique scenario, the defendant was charged with DUI on a scooter. Darren Finebloom argued that the State Attorney could not provide any witnesses to demonstrate that the defendant was riding/driving the scooter because when the Trooper arrived at the scene, the defendant was already on her way to the hospital and the scooter had apparently disappeared. On the eve of trial, the State Attorney dropped the charge.(Ref. 2007 CT 00336)

DUI REDUCED TO RECKLESS DRIVING
A Sarasota County Sheriff stopped the defendant for weaving within his lane. The Deputy alleged to have smelled an odor of alcohol emitting from the defendant’s breath and observed bloodshot watery eyes. Based upon the driving and the odor of alcohol, the defendant was made to perform field sobriety tests. Based on his alleged inadequate performance of the tests, defendant was arrested for DUI, although he refused to provide a breath sample. Darren Finebloom set the case for trial on the theory that defendant’s driving pattern did not provide evidence of impairment. On the morning of trial, the State Attorney’s Office reduced the charge. (Ref. 2006-CT-05892)

DUI REDUCED TO RECKLESS DRIVING
The police stopped the Defendant for a civil traffic infraction. The defendant was required to perform Field Sobriety Tests and was subsequently arrested for DUI. The Defendant refused to take the breath test. Prior to trial, David Haenel negotiated with the State Attorney’s Office to reduce the charge to Reckless Driving based on the lack of any evidence indicating impairment. (Ref. 2004 CT 003850)

DUI DISMISSED!!
The defendant was stopped for squealing his tires and fish-tailing his vehicle. The defendant was asked to perform field sobriety tests and subsequently arrested for DUI. The defendant provided a breath sample almost twice the legal limit in Florida. Darren Finebloom filed a Motion to Suppress the evidence arguing that the police had no probable cause to stop the defendant’s vehicle. The Motion was granted and the DUI was dismissed.(Ref. 2004 CT 004316)

DUI DISMISSED!!
The Defendant was asleep behind the wheel of his car which was legally parked in a local convenient store. The Police approached the vehicle and removed the keys from the ignition. The Defendant upon completion of Field Sobriety tests was arrested for DUI and refused to submit to a breath test. Darren Finebloom filed a motion to Suppress all evidence obtained after the illegal stop. The Court granted the motion and the DUI was dismissed.(Ref. 2005 CT 004029)

DUI REDUCED TO RECKLESS DRIVING 
The Defendant was stopped for speeding on the skyway bridge. Subsequent to the police investigation, the Defendant was arrested for DUI. He then took a breath test and blew a .137. Darren Finebloom was able to get the breath sample suppressed from being introduced as evidence because the police failed to follow procedure and the State Attorney reduced the charge to Reckless Driving. (Ref. 2005 CT 000856)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for committing a traffic infraction. She was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant took a breath test. Darren Finebloom set the case for trial and the DUI was reduced to Reckless Driving. (Ref. 2005 CT 005390)

DUI REDUCED TO RECKLESS DRIVING
The Defendant delivered some groceries to a friend’s house. The Police were responding to the same address for a dispute in progress. The Police then turned their attention to the Defendant and request he perform field sobriety tests. The Defendant was subsequently arrested for DUI and refused to take a breath test. Darren Finebloom filed a motion to suppress and prior to the hearing and just days before the trial the State of Florida dropped the DUI.(Ref. 2006 CT 000294)

DUI REDUCED TO RECKLESS
The Police stopped the Defendant for a traffic infraction. Subsequent to the police investigation the Defendant was arrested for DUI. Just before the case was scheduled to go to trial by David Haenel the State of Florida dropped the charge. (Ref. 2006 CT 001058005390)

DUI REDUCED TO RECKLESS
The Defendant was stopped for weaving within his lane. The Defendant was then asked to perform field sobriety tests and was subsequently arrested for DUI. The Defendant was told by law enforcement that if he refused to take a breath test he could incur additional charges. This was a clear misrepresentation of the law by the Police. The Defendant blew a .110 above the legal limit in Florida. After Darren Finebloom was successful in suppressing the breath test results based upon the misrepresentations of law enforcement, the State Attorney’s office reduced the charge to Reckless Driving. (Ref. 2006 CT 001910)

HILLSBOROUGH COUNTY
CASE RESULTS

DUI DROPPED!!
Defendant was pulled over for allegedly running a red light. Client failed field sobriety exercises and was placed under arrest. At the jail, Sheriff’s Office Personnel alleged defendant refused to provide a breath or urine analysis even after defendant provided a sample of .04. Counsel for the Defendant, Stephen Higgins, vigorously pushed the state to the brink of trial, arguing that defendant was stopped unlawfully, placed under unlawful arrest and did not refuse to provide a breath or alcohol sample. The State dropped the case. (Ref. 7518-XAM)

DUI CHARGES DROPPED!
The defendant was arrested for DUI and provided a breath sample above a .20. Stephen Higgins argued that the State could not prove the case beyond a reasonable doubt because there was no evidence the defendant was ever driving the vehicle. On the eve of trial, after lengthy negotiations, the State Attorney dismissed all charges. (Ref. 9173-XCF)

DUI DROPPED!
After being arrested for DUI involved in an accident and later providing a breath sample of .161 and .163, the defendant absconded and moved to another state. After several months, defendant retained Stephen Higgins to represent her on the DUI charges and remove the warrant for her arrest. After reviewing the evidence, Stephen became aware that witnesses were not going to be available to testify against defendant. On the eve of trial, all charges were dismissed. (Ref. 094726-J)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for speeding in excess of 20 MPH over the limit on 272 Northbound. On video, defendant’s speech was slurred and his performance on the Field Sobriety Exercises was inadequate. Defendant subsequently provided breath samples of .113 and .110. Stephen Higgins argued to reduce the charge, despite the level of the blow, based on miscommunication between the defendant (who was non-engligh speaking) and the arresting officer. The State Attorney reduced the charge to Reckless Driving. (Ref. 3287-XAM)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for weaving and failing to maintain a single lane. He later provided a breath sample of .175, more than twice the legal limit. After reviewing the evidence and the scene of arrest, Stephen Higgins argued that the stop was unlawful given the inadequate time the officer followed the defendant and the unsupported statements in the police report. Despite the defendant’s breath sample, the State Attorney reduced the charge to Reckless Driving. (Ref. 3806-XAM)

DUI REDUCED TO RECKLESS DRIVING
Defendant was arrested on suspicion of DUI after the stopping officer observed him make a 360 degree turn on the middle of the roadway. Defendant failed Field Sobriety Exercises and provided a breath sample of .083. On the eve of trial, Stephen Higgins was able to get the charge reduced to a Reckless Driving. (Ref. 3874-XDQ)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for driving without headlights. Once stopped, defendant performed, and failed Field Sobriety Tests and later provided a breath sample of .095. Stephen Higgins argued that the stop of defendant’s vehicle was unlawful and as was able to negotiate with the State Attorney to reduce the charge to Reckless Driving. (Ref. 0266-XCO)

DUI REDUCED TO RECKLESS DRIVING
Defendant, a school teacher, was charged with DUI and risked losing her teacher’s license and career. She was found asleep in the parking lot of a gas station, was unable to perform Field Sobriety Exercises and provided a breath sample of .104. Because of her employment and the specific facts of her case regarding the ‘stop’ of her vehicle, Stephen Higgins was able to negotiate with the State Attorney to reduce the charge to a Reckless Driving. (Ref. 3539-XAM)

DUI REDUCED TO RECKLESS DRIVING – NO CONVICTION
Defendant, a college student, retained Stephen Higgins and David Haenel after being charged with DUI. Defendant was arrested because he was found in his car in the school parking lot, allegedly vomiting out the driver’s side window. Defendant failed Field Sobriety Tests and refused to provide a breath sample. Stephen filed a Motion to Suppress based on the stop of defendant’s vehicle. Pending the Motion to Suppress, the State Attorney reduced the charge to Reckless Driving without any conviction. (Ref. 3861-XDQ)

DUI REDUCED TO RECKLESS DRIVING – NO CONVICTION
Defendant was stopped on suspicion of DUI and provided a breath sample below the legal limit (.069). Stephen Higgins reached a negotiated settlement to reduce the charge to Reckless Driving with no conviction. (Ref. 6905-ELQ).

DUI REDUCED TO RECKLESS DRIVING – NO CONVICTION FOR LEAVING THE SCENE
Defendant was arrested for DUI after fleeing the scene of an accident and returning to her home. Upon arrival, the Officer observed the defendant emerge from her house with slurred speech, glassy eyes and an odor of alcohol. Defendant refused to perform Field Sobriety Tests and refused to provide a breath sample. Pending a Motion to Suppress based on witness testimony and evidence in the police report, Stephen Higgins negotiated with the State Attorney to reduce the charge to Reckless Driving and withhold adjudication on the Leaving the Scene of an Accident charge. (Ref. 1975-XCG)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was on probation for DUI when he was arrested for a second DUI. Lawyers at Finebloom & Haenel filed a Motion to dismiss the new DUI charge based on lack of evidence that the defendant was driving the vehicle. Pending the Motion to Dismiss, we were able to keep the defendant out of jail and the State agreed to reduce the DUI to Reckless Driving without any conviction, dismiss the Leaving the Scene of an Accident Charge and the Driving While License Suspended charge and reinstate his probation to complete the terms. (Ref. 6211-XDN).

DUI REDUCED TO RECKLESS DRIVING 
Defendant was stopped for speeding and subsequently failed to perform Field Sobriety Exercises including the walk and turn and the raised leg tests. Defendant later provided breath samples of .117 and .123. Based on the video surveillance of the roadside exercises and the lack of any criminal history and despite the blow over the legal limit, Stephen Higgins and David Haenel were able to reduce the DUI charge to Reckless Driving. (Ref. 8940-XDK)

DUI REDUCED TO RECKLESS DRIVING
Defendant was charged with DUI after being found by the police in a parking lot, asleep behind the wheel. Police arrived on the scene and after requesting the defendant to perform field sobriety tests, arrested him for suspicion of DUI. Defendant later provided a breath sample of .105 and .104.Pending a motion to suppress based on lack of actual physical control of the vehicle, Stephen Higgins was able to get the charge reduced to Reckless Driving. (Ref. 9691-XCF)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for weaving within his lane and making an improper lane change. Defendant was asked to perform field sobriety tests and after being arrested, provided breath samples of .150, .125 and .135.Working in tandem, Darren Finebloom and Stephen Higgins reviewed the evidence against the defendant. First, they reviewed the video of the Field Sobriety Tests and noticed that defendant’s performance was excellent. Second, they filed a motion to suppress the results of the breath samples because of the inconsistent results. On the eve of trial, and despite defendants high breath alcohol content, Darren Finebloom and Stephen Higgins were able to get the charge reduced to Reckless Driving. (Ref. 9230-XCF)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for speeding 25 miles an hour over the speed limit. Defendant performed field sobriety tests, but refused to provide a breath sample. Arguing that the video was malfunctioning and therefore the state lacked evidence to indicate the defendant was impaired, Stephen Higgins was able to get the charge reduced to Reckless Driving. (Ref. 339965-X)

DUI REDUCED TO RECKLESS DRIVING
Defendant, an out of state resident, was stopped for making an illegal turn and proceeding the wrong way on a one way street. Defendant performed field sobriety tests on video and later provided a breath sample of .120 and .115.Post Miranda, defendant admitted to having had several drinks. Despite this evidence, and through vigorous negotiations with the state attorney and on the eve of trial, Stephen Higgins was able to get the charge reduced to Reckless Driving. (Ref. 6095-XDN)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for driving on a flat tire. Defendant performed superbly on the field sobriety tests which were captured on video. Defendant later agreed to provide a breath sample, and blew a .138 and .142.Despite this very high blow, Stephen Higgins was able to negotiate with the stat attorney, discuss the performance on the field sobriety tests and get the charge reduced to Reckless Driving. (Ref. 7939-XAU)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for speeding. Despite a pre-existing medical condition, defendant performed poorly on field sobriety tests due to this medical condition. Defendant later provided a breath sample of .095 and .094.Arguing that the medical condition was in fact the cause for the poor performance of the field sobriety tests, and despite the evidence of a breath alcohol content over the legal limit, Stephen Higgins was able to negotiate with the state attorney and get the case reduced to Reckless Driving. (Ref. 7321-XAM)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for suspicion of DUI and later provided a breath sample of .104 and .100.After negotiating with the state attorney regarding the reason for the stop, which defense attorney Stephen Higgins argued was invalid, and based on the low breath alcohol sample, Stephen Higgins was able to get the charge reduced to Reckless Driving. (Ref. 1760-XCA)

DUI REDUCED TO RECKLESS DRIVING
Defendants car was found in a ditch with defendant behind the wheel. Defendant was subsequently arrested for DUI and Criminal Driving with a Suspended License. Defendant provided a breath sample of .122 and .117. Stephen Higgins pushed the case on the theory that the state could not prove actual physical control of the vehicle and was successful in dropping the charge from a DUI to Reckless Driving and dismissing the criminal driving while license suspended. (Ref. 9212-XCF, 6682-EOL)

DUI REDUCED TO RECKLESS DRIVING
Defendant was arrested for DUI, his second DUI within 5 years, and leaving the scene of an accident after hitting two cars and a stop sign. Defendant refused both field sobriety tests and breath tests. At the jail, defendant requested medical assistance because of a severe diabetic condition, but was refused. On the eve of trial, and after Stephen Higgins subpoenaed jail personnel to potentially provide damaging testimony, the DUI charge was reduced to Reckless Driving and the defendant was not adjudicated of leaving the scene of the accident. (Ref. 8609-XCF, 2638-EQZ)

DUI REDUCED TO RECKLESS DRIVING
Defendant was arrested for DUI after being observed speeding and provided a breath sample of .112 and .116. During discovery negotiations, Stephen Higgins ascertained that the State had lost a videotape pertaining to defendants alleged driving. Despite the breath sample over the legal limit, Stephen Higgins was able to get the charge reduced from DUI to Reckless Driving. (Ref. 127785-W)

FELONY DUI – NO PRISON 
Defendant was arrested for his fourth DUI and driving on a permanent revocation. During vigorous negotiations with the state, Stephen Higgins was able to keep his defendant out of prison. (Ref. 06-CF-20979)

DUI REDUCED TO RECKLESS DRIVING
Defendant was arrested for DUI after the police officers observed him swerving and making an illegal turn. Defendant refused field sobriety tests and police indicated that client refused to provide breath sample, despite client attempting to blow in the machine. Absent any video of a driving pattern, and on the eve of trial, Stephen Higgins was able to reduce the charge from a DUI to Reckless Driving. (Ref. 7989-XCF)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped by the police for weaving and allegedly crossing the fog line and was subsequently arrested for DUI and provided a breath sample of .136 and .136.Stephen Higgins filed a Motion to Suppress based on an invalid stop and the state reduced the charge from a DUI to Reckless Driving. (Ref. 8138-XCF)

DUI REDUCED TO RECKLESS DRIVING
Defendant was arrested for DUI after a police officer observed defendant step out of the passenger’s seat at a red light and switch seats with the driver and then drive approximately two miles to his apartment complex. Absent any video and after refusing the breath test, Stephen Higgins negotiated with the state to reduce the charge from DUI to Reckless Driving. (Ref. 7779-XCF)

DUI REDUCED TO RECKLESS DRIVING
Defendant was pulled over for driving without headlights. Defendant subsequently consented to field sobriety tests and providing a breath sample, which resulted in a .125 and .130.Pending a motion to suppress based on a pretextual stop for driving without headlights, Stephen Higgins negotiated with the state and reduced the case from a DUI to Reckless Driving. (Ref. 5416-XDN)

DUI REDUCED TO RECKLESS DRIVING
Defendant was pulled over for an illegal turn. Client failed field sobriety tests and initially complied to provide a breath sample, which registered .135.During discovery, the state failed to provide vital evidence to support defendant’s case. As a result, Stephen Higgins was able to reduce the charge from a DUI to Reckless Driving. (Ref. 7992-XCF)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for making an illegal U-Turn and subsequently failed to perform field sobriety tests adequately. Defendant provided a breath sample of .70 and .69.Stephen Higgins negotiated with the state to reduce the case to a Reckless Driving. (Ref. 7408-ELP)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for allegedly speeding and weaving within his lane. During the performance of the field sobriety tests, defendant miscounted on the heel to toe and failed to listen to instructions during the finger-to-nose test. At the Central Breath Station at the jail, defendant provided a breath sample of .115 and .113, well over the legal limit. Despite the poor performance on the field sobriety tests as well as the level of the defendant breath alcohol content Stephen Higgins was able to reduce the charge to a Reckless Driving. (Ref. 7539-XCF)

DUI REDUCED TO RECKLESS DRIVING
Defendant was stopped for making an illegal u-turn, and subsequently provided field sobriety tests. Based on defendants very good performance on his field sobriety tests on the video as well as the lack of any breath sample, counsel for the defendant Stephen Higgins negotiated with the state attorney to reduce the charge to a Reckless Driving. (Ref. 9670-XCF)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding and squealing his tires. The Defendant was then asked to perform field sobriety tests and was subsequently arrested for DUI. The Defendant refused to take a breath test. Darren Finebloom pushed the case to trial and the State reduced the DUI charge.(Ref. 627309-X)

DUI REDUCED TO RECKLESS
The defendant was stopped by the Hillsborough County Sheriff’s office for being involved in a dispute outside of a bar. The Defendant explained to the police that she helped a friend who was being beaten up and that was the only reason she drove. The police arrested her for DUI nevertheless. The defendant blew over twice the legal limit in the state of Florida. Stephen Higgins and Darren Finebloom set the case for trial and used the defense of necessity .Upon review of case law provided to the State Attorney, the State Attorney’s Office reduced the DUI to a Reckless Driving.(Ref. 731836-X)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for several traffic infractions including driving below the posted speed limit and weaving within her lane. The defendant was then asked to perform some field sobriety tests and was subsequently arrested for DUI. The defendant blew a .107.Darren Finebloom set the case for trial and just before the trial the DUI was reduced to a reckless driving.(Ref. 5655-XAM)

DUI REDUCED TO RECKLESS DRIVING
The defendant was found asleep behind the wheel with the keys in the ignition. The police approached the vehicle and attempted to awaken the defendant. After several attempts they forced the defendant out of the vehicle and he was arrested for DUI. The Defendant refused to give a sample of his breath. Darren Finebloom set the case for trial and on the day of jury selection the State reduced the charge. (Ref. 6395-XAF)

DUI REDUCED TO RECKLESS DRIVING
The defendant was stopped for speeding in Hillsborough County. He was asked to perform field sobriety tests and subsequently arrested for DUI. The Defendant took a breath test. Stephen Higgins set the case for trial and the charges were reduced from DUI to Reckless Driving.(Ref. 731471-X)

DUI REDUCED TO RECKLESS DRIVING 
The Defendant was stopped for speeding. The Defendant was then asked to perform field sobriety tests and was subsequently arrested for DUI. The Defendant refused to take a breath test. Darren Finebloom pushed the case to trial and the State reduced the DUI charge to Reckless Driving. (Ref. 3008-XAM)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for speeding. The Defendant was then asked to perform field sobriety tests and was subsequently arrested for DUI. The Defendant refused to take a breath test. Darren Finebloom pushed the case to trial and the State reduced the DUI charge to Reckless Driving. (Ref. 5792-XAM)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was asked to perform field sobriety tests and was subsequently arrested for DUI. The Defendant refused to take a breath test. Stephen Higgins pushed the case to trial and the State reduced the DUI charge.(Ref. 7805-XAM)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was involved in an accident. The Defendant was then asked to perform field sobriety tests and was subsequently arrested for DUI. The Defendant took a breath test and blew over the legal limit. Darren Finebloom pushed the case to trial and the State dropped the DUI charge to Reckless Driving.(Ref. 729112-X)

DUI REDUCED TO RECKLESS DRIVING
The Defendant was stopped for no headlights. The Defendant was then asked to perform field sobriety tests and was subsequently arrested for DUI. The Defendant took a breath test and blew over the legal limit. David Haenel filed a motion to suppress because the stop was of the vehicle was unlawful. The State Attorney reduced the charge to Reckless Driving. (Ref. 2043-XAM)

PINELLAS COUNTY 
CASE RESULTS

DUI REDUCED TO RECKLESS
The Defendant was observed driving erratically by a passerby who then flagged down a police officer. The officer located the vehicle and followed it into a parking lot. As the officer approached the defendant’s vehicle he was seen urinating in public. The Defendant was slurring his speech, swaying, and had bloodshot and watery eyes. The Defendant refused to submit to field sobriety tests or a breath test, but instead asked to speak to a lawyer. Lawyers at Finebloom & Haenel were able to negotiate with the state attorney and get the case reduced to a reckless driving. (Ref. CTC088228XDYASP)

DUI REDUCED TO RECKLESS
The Defendant was stopped for failing to maintain a single lane. He was arrested following his performance on the field sobriety tests and transported to the Pinellas County Jail for a breath test. The Defendant blew over the legal limit. Darren Finebloom filed a motion to suppress the stop claiming among other things, the destruction of evidence (driving pattern no captured on DVD). Instead of the possibility of being left with little or no evidence of impairment, the state attorney agreed to reduce the case to a reckless driving. (Ref. 08000696XCF)

DUI REDUCED TO RECKLESS
The Defendant came into contact with law enforcement after parking his vehicle in a parking lot. The officers approached him and conducted a DUI investigation. Following his arrest the Defendant was taken to the Pinellas County Jail where he refused to submit to a breath test. We filed a motion to suppress the initial police contact and the State Attorney agreed to reduce the case to a reckless driving. (Ref. 08004560XDO)

DUI REDUCED TO RECKLESS
The Defendant was stopped for a traffic infraction. The Police then, based on their observations, began a DUI investigation. The Defendant was subsequently arrested for DUI and asked to take a breath test. The Defendant blew under the legal limit and was then asked to take a urine test. The urine came back positive. Our office pushed the case to trial and the DUI was reduced to reckless driving. (Ref. CTC07991EUFASP)

DUI REDUCED TO RECKLESS DRIVING
The defendant was stopped for failing to maintain a single lane. He performed field sobriety tests and then was transported to the jail for a breath test. A urine result was obtained from the defendant but it was only able to test for the presence of and not the amount or time the defendant would have put any illicit chemicals in his body. After many discussions, David Haenel negotiated with the State Attorney to reduce the charge to Reckless Driving and adjudication was withheld which means the defendant was not formally convicted of the reckless driving offense. (Ref. CT070728EVFANC)

DUI REDUCED TO RECKLESS DRIVING 
The Defendant was stopped based on suspicion of criminal activity. He was asked to perform field sobriety tests and subsequently arrested for DUI. David Haenel filed a motion to suppress based on the fact that there was no reasonable suspicion to stop the Defendant. The State reduced the charge from DUI to Reckless Driving.(Ref. CTC05033222WANC)

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)

CHARLOTTE COUNTY

DUI DISMISSED 2-28-2009
2009-118T
The Defendant was stopped by Charlotte county deputies for failure to maintain a single lane. After the stop and admitting to two beers, the deputy asked the defendant to perform field sobriety tests. After observing multiple indicators of alleged impairment he was placed under arrest and transported to the jail for a breath test. He agreed to take a breath test and the state attorney filed DUI charges. After numerous discussions with the prosecutor about the burden of proof, David Haenel set the case for trial and within days the prosecutor dropped the charges.

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.

09CT00059401XXWH
DUI REDUCED TO RECKLESS DRIVING WITHHOLD OF ADJUDICATION NO CONVICTION
The Defendant was involved in a three car collision. The Winter Haven Police Department arrived on the scene and noticed signs of impairment. They began a DUI investigation and eventually arrested the Defendant for DUI. The Winter Haven Police Officer stated that the Defendant failed the field sobriety tests. He was then transported to the county jail and was asked to take a breath test. The Defendant informed the officer he had never been arrested for DUI before and did not understand the ramifications of refusing the breath test. Darren Finebloom set the case for trial. At the docket sounding the State agreed to drop the DUI charge and the Defendant agreed to plea to reckless driving

HARDEE COUNTY

TT09-00279-DUI REDUCED TO RECKLESS DRIVING
MM09-00174
The Defendant was stopped by the sheriff’s office after several individuals called 911 to report a swerving vehicle. The Defendant performed field sobriety tests and then refused a breath test. David Haenel won his license back at the formal review hearing and was able to convince the state attorney to reduce the case to a reckless driving so that the Defendant did not have a DUI conviction on his record.

Contact us about your legal matter today!