Case No.: 7748-XE, Dade County, Judge M. Ortiz, July 27, 2009.
Allegations: DUI with Property Damage: My client is alleged to have backed into a parked car at a Gas Station on Miami Beach. There were no witnesses and the officer who arrived on scene could not establish my client behind the wheel. Although she allegedly admitted to the officer that she was indeed the driver of her car at the time of the crash, he did not read to her the Miranda rights. Therefore, her statement was privileged and inadmissible against her in court. Because the state could not otherwise establish my client as the driver, one of the necessary elements of the crime, they were forced to drop the charges completely.
Case No.: 08-00065MM10A, Broward County, Judge F. Berman, February 26, 2009
Allegations: DUI. My client is alleged to have been speeding in Broward County on New Year's Eve. Deputy Ira Marrich of the Sheriff's Office said he smelled alcohol on my client and noticed that his eyes were red and watery. My client admitted to having a drink. He made no observations that were actually consistent with impairment. Nonetheless, he detained my client for over 30 minutes awaiting the arrival of a DUI task force deputy. Once Deputy DeJesus arrived, he arrested my client for DUI. I filed a motion to suppress, arguing that because Deputy Marrich observed nothing about my client to suggest he was actually impaired by the alcohol he drank, the 30-minute detention was unreasonable and violative of my client's right against unreasonable seizure. I presented authority in the form of prior case-law to the Judge, and he agreed with my position. He granted the motion to suppress all evidence gained as the result of the illegal detention, and the state was forced to drop the DUI charge. Defended by Lloyd H. Golburgh, Esq.