The following are a sampling of the not-guilty verdicts that South Florida DUI Lawyer Lloyd H.
Golburgh has achieved. Mr. Golburgh encourages you to ask his competitors
to show you their "not-guilty" verdicts in court. Permission to publish these
results has been granted by each client whose case is listed.
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February 26, 2008, Florida v. Lisa Villegas |
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Case No.: 07-000008MM10A, Broward County, The Honorable Fred Berman presiding.
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| Allegations: |
DUI: My client was asleep in her car on the roadway in the left turn lane on Flamingo Road in Broward County. The keys were in the ignition, the car was running and in park. Law enforcement woke her up, smelled alcohol on her, observed her to mumble and exhibit difficulty with her balance. When the officers asked her to submit to roadside sobriety tests, she replied, "fuck you," and was arrested. She refused the breath test. |
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Jury Trial |
| Results: |
Not Guilty by jury. In order to prove DUI, Florida law requires the state to establish beyond a reasonable doubt that my client was driving or in actual physical control of a vehicle while under the influence of alcohol to the extent that her normal faculties were impaired. Actual physical control is defined as being in or on a vehicle AND having the capability to operate the vehicle even if she wasn't at the time of the alleged offense. I argued that, because she was asleep in the car, there was no way she could have had the capability to operate the vehicle. The jury took 42 minutes to acquit. Defended by Lloyd H. Golburgh. |
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August 29, 2007, Florida v. Christian Salmon |
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Case No.: 06021623MM10A, Broward County, The Honorable Fred Berman presiding.
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| Allegations: |
Two Counts: 1: DUI; 2: Resisting/Obstructing without violence. My client sped westbound on Oakland Blvd. in Broward County at 57 mph in a 35 mph zone. He crossed the lane divider line to his right one time and weaved a little in his lane. These last two allegations occurred after the officer 'overtook' my client's vehicle. My client smelled of alcohol, had red and glassy eyes, and slurred speech. He used his vehicle to help lift his body from the vehicle. He wasn't given walk-and-turn or one-leg-stand because his knee had been crushed in a prior accident at a night club four years earlier. He failed the finger count, finger-to-nose, and standing balance and was arrested. He refused the officer's order to enter the patrol car and was charged with ressiting without violence. At the police station, he refused to take the breath test. |
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Jury Trial. My client not only had a significant knee injury which prevented him from being able to properly do roadside tests designed for physcially fit people to fail, he is also almost completely deaf in one ear and has a significant hearing impairment in his other ear. There wasn't sufficient evidence to prove beyond a resonable doubt that my client was actually impaired by alcohol. |
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Not Guilty on both counts. |
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April 16, 2007, Florida v. Joe Scivoletto |
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Case No.: 06-002823MM10A, Broward County, The Honorable Gisele Pollack presiding.
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| Allegations: |
Battery: Victim alleged my client punched him in the face after a verbal altercation at the track. The alleged victim had three eye-witnesses testify on his behalf. My client maintained that the alleged victim threw the first punch. |
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Jury Trial: I discredited the testimony of the victim and all three of his alleged eye-witnesses. My client was acquitted. The jury was out just 10 minutes before coming back with a "not guilty" verdict. I was met by a juror outside the courthouse who told me that the prosecution of this case was 'rediculous,' that I "killed" the prosecutor, and that she was 'horrible." |
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Not Guilty by Jury. |
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April 12, 2007, Florida v. Aaron Grifka |
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Case No.: 06-006643TCA04, Broward County, The Honorable Barry Cohen presiding.
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| Allegations: |
DUI with personal injury. My client ran a stop sign and struck a motorcyclist who sustained minor injuries. According to the arresting officer who admitted he had no training, education, or experience administering road-side sobriety tests to 69 year-old men, my client was so impaired that he could not stand without assistance, and his performance on the roadside tests was extremely poor. However, he looked sober on video and blew a .07 on an Intoxilzyer Breath Machine. |
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Jury Trial. |
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Hung Jury. No Conviction. The panel, all women, was split down the middle...three guilty, three not guilty. We shall defend the case again. |
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February 21, 2007, state v. David Richter |
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Case No.: 06-000448CT, St. Johns County, The Honorable Charles Tinlin presiding.
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| Allegations: |
DUI with property damage. my client was traveling southbound on avenida menendez in st. augustine, florida. as he approached the 90 degree turn to go west on st. francis, he failed to negotiate the turn, struck the wall on the south side of the street, rococheted off the wall and attempted to leave the scene. he smelled of alcohol, had blood-shot eyes, and slurred speech. he failed the roadside tests and refused a breath test. an unopened 12-pack was found in his trunk and 5 cans were located in a cooler on the passenger-side floor board. |
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jury trial. i was able to point out to the jury that the turn where the accident took place was a very tricky one at night, that the lighting is poor to non-existent, and that there are absolutely no warnings to motorists that they are approaching a 90 degree turn at that location. i was able to refute the allegation of the attempt to leave the scene by showing the jury that my client was found 300 feet down the next street, standing outside his car, with his hazard lights on and that 8 minutes elapsed from the time of the call to police and the time they arrived within which my client could have walked away and didn't. i argued that the fact that only one beer was missing from the cooler and none from the 12-pack in the trunk, that it was reasonable to believe that my client had only one beer and was involved in the crash. the airbags had deployed which certainly could explain the blood-shot eyes and the officer had no way to compare my client's speech on the night he was arrested with that of any other time. unlike what the police do, i pointed out every thing my client actually did right on the field sobriety tests and those things outweighed the minor things he didn't do right. as always, i argued that the state hammers home the refusal with such vigor because they don't have sufficient evidence to prove dui...that they have to inflame the jury with evidence of the refusal in order to 'anger' them into convicting my client in spite of the lack of evidence....it didn't work for the state yet again. |
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Not Guilty. The jury took an hour to decide the case, and despite what i thought was a very conservative jury, they acquitted. |
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January 30, 2007, State v. Ed Morelli |
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Case No.: 06-007767MM10A, Broward County, The Honorable Berman presiding.
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| Allegations: |
DUI: my client was asleep in his car adjacent to a park. he had turned the engine off, removed the key from the ignition, and placed it on the passenger seat next to him. he opened the driver's side door, put his feet on the ground, and went to 'sleep it off.' |
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jury trial: despite the fact that the key was within my client's reach, the jury was unwilling to find my client in actual physical control. they weren't going to punish my client for making a whole bunch of good decisions in an attempt to avoid breaking the law. |
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not guilty in 28 minutes. before trial, the prosecutor actually taunted me...she came up to me before jury selection and asked me, "are you really going to try this?" she was convinced she was going to get a conviction. the judge also told me it was a gutsy move to try this case....everyone but the jury expected a conviction. |
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November 8, 2006, State v. unnamed to protect identity |
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Case No.: 05-2429MM10A, Broward County, The Honorable Robert Zack presiding.
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| Allegations: |
Driving Under the Influence: My client was accused of cutting off a patrolman, smelling of alcohol, and admitting to drinking three beers. His eyes were bloodshot and his face was flushed. He failed the field sobriety tests and was arrested. He blew over the legal limit. |
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Jury Trial. |
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Not Guilty by Jury. The breathtest results were suppressed from evidence at trial becuase the breathalyzer failed its calibration check. The video tape showed my client wasn't impaired. The jury took all of three minutes to come back with a 'not guilty' verdict. |
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September 25, 2006, State v. my client's name is ommitted to protect his privacy |
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Case No.: 05-022955MM10A, Broward County, The Honorable Pollack presiding.
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| Allegations: |
DUI: my client is accused of weaving within his lane and crossing the lane divider line. he is accused of smelling like alcohol, having red eyes, a flushed face, and slurred speech. he is accused of having open containers in the car and refusing a breath test. |
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Jury Trial. |
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Not Guilty. The jury returned a verdict within 20 minutes of retiring to deliberate. because he was handicapped, arresting officer John Dorland chose not to administer any kind of field sobriety test or exercise and decided not to use his available in-car video/audio equipement to capture my client's appearance or manner of speech. |
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September 19, 2006, State v. unnamed to protect identity |
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Case No.: 05-9555MM10A, Broward County, The Honorable Zack presiding.
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| Allegations: |
Battery. My client was accused of punching another driver after the two pulled over following a traffic-related incident. |
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Jury Trial. |
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I was able to convince the jury that there was no evidence beyond a reasonable doubt as tho who hit whom first. It took them 15 minutes to find my client "not guilty." |
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September 11, 2006, State v. (my client's name is omitted to protect his identity) |
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Case No.: 05-006002CF10A, Broward County, The Honorable Jeffrey Cohen presiding.
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| Allegations: |
Count I: Aggravated Assault with Firearm. Count II: Battery. My client held a gun to his wife's head and threatened to kill her because she came home late. He grabbed her, held her in a bear-hug, and knocked her key out of her hand. |
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Jury Trial. My client maintained his innocence from the start and elected to go to trial despite the fact that a conviction would have meant a minimum of three years in the Florida state prison. |
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Not Guilty. The jury deliberated for only twenty minutes before returning with an acquittal. |
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Permission to publish these results has been granted by each client whose case is listed above. |