WINS FROM DISMISSALS AND BREAKDOWNS
(Records Kept Since 2000)

54. 10/08/07 | 04-015131MM01A | (Pollack)
Count II: Refusal To Submit  (Nolle Prosequi)

This client was originally charged with DUI/Property Damage by DUI investigators from the Davie Police Department.  In December 2006, Mr. Canet went to trial in the DUI case and the client was ACQUITTED.  Later, the state pursued the additional charge of REFUSAL TO SUBMIT.  However, Mr. Canet made it clear that additional problems existed with the refusal charge that he would present at trial.  The state conceded and voluntarily DISMISSED the refusal charge.

53. 10/02/07 | 05-011885MM01A | (Lerner-Wren)
Count I: DUI Amended to Reckless  Driving (Adjudication Withheld) 
Count II: Speeding (Dismissed)

This client was stopped by officer of the Lauderhill Police Department for speeding.  The stopping officer, who was also a DUI specialist, suspected the client was impaired and investigated him for DUI.  After the investigation it was concluded the client was impaired and he was arrested.  The client was brought to the BSO Bat Facility for testing.  At the facility he agreed to a breath test.  The clients results were well over the legal limit.  While at the Bat Facility the client was videotaped.  The videotape showed that the BSO breath test operator failed to comply with the 20 minute observation.  Mr. Canet filed a motion to suppress the breath test results that was granted by the court.  Afterwards, the state offered the client a change of charge plea with minimal penalties and he accepted.

52. 9/24/07  | 04-007554MM10A (Robinson)  
Count I : DUI/Property Damage Amended to Reckless Driving
Count II: DUI (Nolle Prosequi)
Count III: FTYTOW (Dismissed)
Count IV: Improper Turn (Dismissed)

This case involved a collision where the police determined the client was at fault for making an improper turn.  Upon arrival at the scene several officers concluded the client was impaired and called for a DUI Task Force deputy.  The officer who responded was DUI veteran Deputy James Herbert.  Deputy Herbert investigated the client for DUI determined she was impaired and placed her under arrest.  He videotaped the client during his investigation. The video showed that the client performed poorly on field sobriety exercises.  Later, the client submitted to a breath test and her results were well above the legal limit.  This was one of the cases where Mr. Canet filed a motion to suppress the breath test results based upon the tap water issue. The Court granted the motion and excluded the breath results.  After a lengthy appeal the judge was upheld and the results remained excluded.  The state then offered the client a change of charge plea to Reckless Driving and she accpeted.