51. 09/10/07 | 489758x | (Mirranda)
Count I: DUI, Amended to Reckless Driving

This client was arrested by officers of the Miami Beach Police Department. It was alleged that he was asleep in his vehicle while illegally parked. After his arrest he submitted to a breath test and his results were .16/.16. Mr. Canet was able to depose the arresting officer and based on his responses to certain questions filed several pretrial motions. Upn consideration of the motions the state offered the client a BREAKDOWN to RECKLESS DRIVING that he accepted.

50. 08/15/07 | 2006CF 651 | (Howard)
Count I: DWLS (Habitual) DISMISSED
Count II: Poss. Of Cannabis DISMISSED

This client was stopped while driving to Inverness in Citrus County. He was stopped because the officer following him ran the tag of the vehicle. The dispatcher came back with information that the registered owner of the vehicle had a Habitual Traffic Offender revocation. The client was stopped and arrested. Post arrest, the officer questioned the client’s girlfriend concerning the presence of drug sin the vehicle and thereafter found marijuana. Mr. Canet filed pretrial motions contesting the legality of the initial stop, the admissibility of the cannabis and the client’s statement to police. Upon consideration of these issues the STATE AGREED TO A MOTION TO DISMISS.

49. 08/06/07 | 04-016997MM10A | (Ireland)
Count I: DUI, Amended to Reckless Driving (Adjudication Withheld)

In this case the client was initially observed asleep at the wheel at a railroad crossing. He was awakened and detained until the arrival of a BSO DUI Task Force unit. A veteran DUI investigator responded to the scene. The client agreed to perform roadside exercises on video. He was arrested and transported to the BSO BAT Facility where he agreed to provide a breath sample. His results were over the limit. Mr. Canet subsequently filed a motion to suppress the breath test results that was highly publicized in 2005 regard the use of tap water to calibrate the BSO Intoxilyzers. The motion was granted and the trial judge affirmed on appeal. The case came back for trial and the State offered the client a withheld adjudication on RECKLESS DRIVING, along with administrative probation.

48. 08/01/07 | 05-021290MM10A | (Pollack)
Count I: DUI, Amended to Reckless Driving

This client was stopped by a sergeant of the Ft. Lauderdale Police Department for running a red light while making a left turn to go southbound on I-95 from the Broward Boulevard ramp. After the stop the sergeant made all the usual observations associated with DUI. He then called for a BSO DUI Task Force unit to respond. The officer who responded was Deputy David Faccini, a 20-year veteran DUI investigator. The client submitted to field sobriety exercises on video and was arrested. At the BSO Bat Facility she agreed to provide a breath sample and blew twice the legal limit. The State was unable to produce the breath test operator for trial so they could not introduce the results. The State was also unwilling negotiate a settlement. Later, the video was reviewed and they made an offer of RECKLESS DRIVING the client decided to accept.

47. 07/30/07 | 05- 004270MM10A | (Diaz)
Count I: DUI, Amended to Reckless Driving (Adjudication Withheld)

This client was originally charged in 1985. He left the country and a warrant for his arrested was issued and remained active for over 20 years. The client eventually returned and moved to Tampa. He was stopped for a routine traffic infraction and the warrant came up. He was immediately taken into custody. Despite the age of the warrant, Mr. Canet was able to convince the trial judge to release the client pending trial. Mr. Canet investigated the case and determined there was no way the State could proceed with the prosecution. Mr. Canet continually announced ready for trial and waited for the State to eventually announce a VOLUNTARY DISMISSAL.

45. 06/08/07 | 05-026330MM10A | (Feiner)
Count I: DUI Property Damage (Nolle Proseequi)

The client was involved in a serious vehicle accident. The first officers at the scene determined that he should be investigated for DUI. A BSO DUI Task Force unit was requested. A DUI investigator responded to the scene and had the client perform field sobriety exercises on video. The client was arrested and transported to the BSO BAT Facility where he agreed to provide a breath sample and blew over the limit. Mr. Canet filed a Motion To Suppress all the evidence obtained by law enforcement based upon no probable cause. The motion was heard and GRANTED by the trial judge. The State immediately took an appeal that was defended by Mr. Canet. Ultimately, the State VOLUNTARILY DISMISSED its appeal. And, later VOLUNTARILY DISMISSED the case.

44. 05/01/07 | 05-019444MM10A (Wren)
Count I: DUI, Amended to Careless Driving (Adjudication Withheld)
Count II: Nolle Prosequi (Reckless Driving)

This client was allegedly observed traveling at a high rate of speed traveling southbound on I-95 in the area of Sheridan Street. He was pursued by veteran officer and DUI investigator Lawrence Burgess of the Hollywood Police Department. The pursuit continued all the way to Ives Diary Road in Dade County. The moment the client was stopped he was immediately arrested and charged with Reckless Driving. The officer had allegedly observed the client cutting off other vehicles and nearly causing an accident. After the client’s arrest for Reckless Driving he was thereafter investigated for DUI and that charge was added. Mr. Canet filed a Motion To Suppress all the evidence gathered after the client’s arrest for Reckless Driving. A hearing took place where Mr. Canet cross examined the officer on the issue of Reckless Driving. The Judge thereafter GRANTED the motion and the State did not appeal. The State offered to reduce the DUI charge to CARELESS DRIVING with no adjudication and DISMISS the Reckless Driving charge. The client decided to accept.