South Florida DUI Lawyer Lloyd Golburgh Specializing in defending those charged with driving while intoxicated
Arrested for DUI in South Florida, protect your rights
 

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Welcome to the firm's updates page. This page will be updated periodically upon another of the firm's accomplishments. Permission to publish these results has been granted by each client whose case is listed.
(Please note the identities of the defendants have been omitted out of respect for their privacy. For more information about these cases, contact the firm and your questions will be answered.)

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September 16, 2005   Case No.:05-006466MM10A, Broward County
Allegations: my client was traveling too closely to the vehicle in front of him and had his auxiliary lights too bright. He smelled of alcohol, had blood shot eyes, a flushed face, and admitted to drinking. He failed the roadside tests and blew over the legal limit. He had seven open "mini" bottles of liquor in the car.
Tools: Motion to Suppress for Lack of Reasonable Suspicion to Detain: I argued that consuming alcohol and then driving is not a crime unless you are impaired or over the legal limit...that in order to detain someone for a period of time longer than necessary to write the tickets for "following too closely" and "auxiliary lights too bright," the officer needed reasonable suspicion to believe defendant was actually impaired by the alcohol he allegedly consumed. The officer testified to no facts that indicated any impairment before he detained defendant for a period of time longer than necessary to write the tickets for the infractions.
Results: Motion to Suppress was Granted and the state dropped the charges.

March 8, 2005   Case No.:04-17205MM10A, Broward County
Allegations: Second DUI: My client was charged with rear-ending another vehicle, pushing it five feet into the middle of the intersection. He reaked of alcohol, was severly impaired, and had urinated in his pants. He refused all testing as he was too drunk to do any tests.
Tools: Motion to Suppress: No officer could put my client behind the wheel of his vehicle because he was out of the car when the officers arrived. The arresting officer admitted in deposition he conducted no traffic crash investigation. This is required before he can arrest a person for DUI, but is not in the car after an accident.
Results: The state attorney offered a "break-down" to a reckless driving charge prior to oral argument. The DUI was dropped. Defended by Lloyd H. Golburgh, Esq.

February 2, 2005   Case No.:03-023867MM10A, Broward County
Allegations: 1st DUI; Client stopped at a dui roadblock, smelled of alcohol, had blood-shot eyes, a flushed face, and failed the roadside sobriety tests.
Tools: Motion to Suppress: The roadblock was unconstitutional due to the fact that the roadblock’s operational plan documents were insufficient.
Results: Motion Granted..all evidence of DUI suppressed. The charges were dropped by the state on February 5, 2005. Defended by Lloyd H. Golburgh, Esq.

January 6, 2005   Case No.:03-024842MM10A, Broward County
Allegations: DUI: My Client was stopped for exceeding the posted speed limit by a Deputy from the Broward Sheriff’s Office. Subsequent to the stop, the Deputy proceeded to test and then charge my client with Driving Under the Influence. He failed the roadside tests, admitted to drinking three beers at "Christophers," and tested positive for cocaine. He smelled of alcohol and had blood-shot eyes.
Tools: Motion To Suppress: Lack of Reasonable Suspicion to Detain. I argued that because the officer only observed characteristics consistent with one who had consumed alcohol, rather than one who was actually impaired, he had no legal right to detain my client for a period of time longer than necessary to issue a speeding ticket.
Results: The motion was granted by the court who threw out all of the evidence. The judge found that driving under the influence of alcohol or drugs to the extent that one's normal faculties were impaired was the crime, not just "driving after CONSUMING drugs or alcohol only." In this case, the deputy had no evidence upon meeting my client that he was actually "impaired" by what he consumed. The state ultimately dropped the charges against my client. Defended by Lloyd H. Golburgh, Esq.

December 17, 2004   Case No.:04-008069MM10A, Broward County
Allegations: DUI: My Client was speeding and stopped by a Broward Sheriff’s Deputy in Broward County. She smelled of the odor of an alcoholic beverage and admitted to drinking. Her eyes were also red. She refused to continue with field sobriety tests and refused to take the breath test.
Tools: Motion to Suppress: The officer had no reasonable suspicion to detain my client for a period of time longer than necessary to write a speeding ticket as he had no good-faith basis to believe my client was actually impaired...only that she had consumed alcohol. Since consuming alcohol and driving a car is not a crime, the officer must have reasonable suspicion to believe the driver is actually impaired.
Results: The judge granted the motion to suppress and threw out all of the evidence against my client. The judge ruled that the officer needed to have some reason to believe that my client did more than just drink. He needed to have observed at least some characteristics associated with an impaired person before he was legally allowed to detain her further to perform roadside sobriety tests. Therefore the detention to do those tests was illegal and a violation of my client’s fourth amendment rights against illegal search and seizure. All charges dropped. Defended by Lloyd H. Golburgh, Esq.

November 23, 2004   Case No.:03-18164MM10A, Broward County
Allegations: My client was stopped by a Coral Springs Police Officer for making a left turn onto a street from the right turn lane of a parking lot. He showed signs of impairment, failed roadside tests, and was arrested for DUI.
Tools: Motion To Supress Evidence due to a lack of probable cause by the officer to effect the initial traffic stop.
Results: The judge granted the motion due to the fact that no traffic was in any way affected by the left turn from the right lane. The evidence was suppressed and the state dropped all charges. Defended by Lloyd H. Golburgh.

November 23, 2004   Case No.:04-007623CF10A, Broward County
Allegations: DUI. My client was stopped by a Sheriff's Office Deputy who was suspicious because my client pulled in behind a closed business in the middle of the night. My client smelled of alcohol, appeared impaired, and admitted to drinking. He failed the roadside sobriety tests and was arrested for this third DUI offense within ten years of a prior conviction for DUI.
Tools: Motion to Suppress: I filed a motion contesting the legality of the initial stop. I contended that the Deputy had no reasonable suspicion to believe my client was involved in any criminal activity and therefore had no right to stop my client.
Results: The state attorney conceded the motion before I could argue it to the Judge. The state offered a lesser charge of Reckless Driving, and my client accepted it. He was not convicted of DUI which would have brought him jail time and a ten-year driver license revocation. Defended by Lloyd H. Golburgh, Esq.

September 9, 2004   Case No.:5976-CQW, Dade County
Allegations: DUI. My client was caught failing to maintain a single lane and running a red light in Dade County. She smelled of alcohol, had blood-shot eyes, and admitted to drinking two glasses of wine at dinner. According to Officer Jerry Davenport of the Miami Dade Police Department, she was heavily impaired. Once arrested, she blew under the legal limit. However, Officer Davenport, a Drug Recognition Expert, determined my client was a drug user who was under the influence of a controlled substance.
Tools: Thankfully, my client actually agreed to give a urine sample. Her urine was analyzed by the lab for the police department. It was negative for drugs
Results: The state agreed to drop all criminal charges against my client after I rejected their offer of a reckless driving. She received a traffic citation for careless driving and adjudication was withheld. Defended by Lloyd H. Golburgh, Esq.

August 10, 2004   Case No.:03-005762-CT-A 1, St. Lucie County
Allegations: DUI. Client crashed his Ferrari into his Camaro in front of his house. He and his passenger went inside before the police arrived. When they arrived six to ten minutes later, client was drunk. He told the police he couldn't do the roadside tests because he had been drinking all day. He was arrested and blew over a .20 breath alcohol level.
Tools: I announced ready for trial.
Results: The state agreed to break the case down to a reckless driving charge. No DUI conviction and no driver?s license suspension. Defended by Lloyd H. Golburgh, Esq.

August 10, 2004   Case No.:04-002724MM10A, Broward County
Allegations: DUI. Client speeding on Oakland Park Blvd. He smelled of alcohol and admitted drinking at Bongolo 9. His speech was slurred and he failed the roadside tests. He refused the breath test.
Tools: Negotiation: The state agreed to my request to drop the case to a reckless driving. Both defendant and the state attorney felt the deal to be a fair compromise.
Results: No DUI conviction. Defended by Lloyd H. Golburgh, Esq.

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Permission to publish these results has been granted by each client whose case is listed above.