Case No.: 575441-X, Dade County
Allegations: DUI: my client was going 76 in a 45 on US1 in Miami. He smelled of alcohol, admitted drinking, had slurred speech, failed five roadside sobriety tests, refused a breathalyzer, and submitted the officer a receipt showing he had almost a $1,000.00 bar tab.
Results: I moved for a directed verdict after the close of the state's case. I argued that the state never established that the person arrested by the officer was the same person sitting next to me at counsel table. In other words, I argued that the state never proved that my client was indeed the person who committed the DUI on the night of the arrest. The judge granted the motion and directed a “not guilty” verdict in favor of my client before it went to the jury. After the trial, members of the jury initiated contact with me and told me that they were going to acquit anyway. Defended by Lloyd H. Golburgh, Esq.