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Whited Law Daytona Florida Dui Case Results

State v. M.B.

Driver stopped in parking lot of closed business.  Officer conducts DUI investigation and makes arrest for second DUI within 5 years.  Numerous indicators of impairment noticed as well as open containers in the vehicle.  Driver refused breath test.  Whited Law Firm filed a motion to suppress alleging an illegal traffic stop.  State dismissed case prior to the motion being argued.

State v. A.F.

Driver stopped for minor traffic infraction.  Narcotics found in driver’s vehicle without a valid prescription.  Whited Law firm contacted the State regarding the issue of constructive possession and the weaknesses of the case.  No charges were filed.

State v. L.S.

Client is seen trying to open doors of vehicles that do not belong to him.  A witness calls police to the scene to investigate.  Client exercises right to remain silent.  Officers make arrest for Loitering and Prowling.  Whited Law Firm filed a Motion to Dismiss alleging lack of probable cause to make an arrest.  Court grants the motion and charges are dismissed.

State v. D.M.

Driver stopped for weaving and suspicion of DUI.  Officers conduct DUI investigation and driver agrees to take the breath test which yields a B.A.C. result of .18, over twice the legal limit.  Whited Law Firm filed a motion challenging the legality of the stop.  Prior to the motion being set, the State agrees to reduce the DUI charge to a civil traffic infraction of Careless Driving.

State v. L.B.

Driver stopped for minor traffic infraction.  Officers noted numerous indicators of impairment as well as open containers of alcohol and marijuana located in the vehicle.  A DUI investigation is conducted wherein driver performs field sobriety exercises and then refuses a breath test.  Whited Law Firm argued that the driver’s performance on field sobriety exercises was indicative of a lack of impairment.  Stated reduced the DUI to a “Dry Reckless” and dismissed all other charges.  Client paid a fine and received no probation.

State v. L.T.

Driver was stopped for going 67 miles an hour in a 35 zone with loud music being played that could be heard from a distance of 100 feet.  Numerous indicators of impairment were noted which led to a DUI investigation.  The officer alleged that the driver performed poorly on field sobriety exercises and refused to take a breath test. Ultimately, the officer made an arrest for DUI.  The Whited Law Firm obtained a copy of the field sobriety exercise video tape and disputed the allegations of poor performance.  The State reduced the case to a careless driving civil traffic infraction and dismissed the tickets for speeding and loud music.