43. 04/27/07 | 06-10317MM10A | (Murphy)
Count I: DUI (Nolle Prosequi)

This client was allegedly observed backing out his vehicle from a parking space in the Hard Rock Hotel & Casino employee parking lot. The client hit another vehicle and was stopped by bystanders who called the police. Upon arrival the client was investigated for DUI and arrested. Mr. Canet filed several pretrial motions contesting the legality of the arrest. During the hearing on the motion to suppress the State entered a VOLUNTARY DISMISSAL.

42. 04/23/07 | 03-010456MM10A
Count I: DUI, Amended to Reckless Driving (Adjuducation Withheld)
Count II: (Dismissed) Racing on Highway

This client was stopped by Davie police officers for allegedly racing another vehicle in the northbound lanes of South University Drive. The police had stopped only the client’s vehicle. Once contact was made a DUI Investigator was called to the scene. The client was offered roadside exercise but declined and was promptly arrested. At the station he agreed to a breath test and his results were well over the limit. Mr. Canet had, as part of his investigation, discovered that the Davie Police Department had been using tap water instead of distilled water to conduct their agency inspections on the Intoxilyzer 5000. FDLE regulations required the use of distilled water. In April and July, 2005 a lengthy hearing was held before all the judges of the County Court and two Circuit Court judges to determine whether the use of tap water constituted a violation of the regulation that required suppression of the breath test results. In this case the Judge agreed the violation was substantial and excluded the breath test results. The Judge was affirmed on appeal and the results remained excluded. The case was set for trial. The State eventually offered a settlement that the client accepted. The DUI was reduced to Reckless Driving with no adjudication and only a short term of mail-in probation and the Racing charge was dismissed.

41. 04/16/07 | 05-0264996MM10A | (Gehl)
Count I: DUI, Amended to Reckless Driving (Adjudication Withheld)

This client had been stopped by a Ft. Lauderdale officer as he made a wrong turn out of a club parking lot. The BSO Task Force was called to the scene to investigate. The client was administered field sobriety exercises that, according to police, he failed. He was arrested and agreed to a breath test. The client blew over the limit. Mr. Canet and this client appeared for trial and the jury panel was sitting in the hallway. Before the trial was to commence the State wanted to confirm with the Judge a previous Court ruling. Mr. Canet, prior to the trial had argued a motion asking the Court to declare the Breath Test Results Affidavit statute unconstitutional as applied. The Court did not grant the motion but ruled that the State was required to produce proof, through live testimony, of the most recent required maintenance of the Intoxilyzer. In this case it meant that the State was going to be required to call the FDLE Department Inspector as a witness. Mr. Canet had anticipated that this would pose a serious problem for the State. The State, once it realized its predicament offer the client a Reckless Driving with no conviction and 30 days probation. Mr. Canet wanted to go to trial on this case but the client decided to accept the offer and end the case.

40. 03/29/07 | 06-001775MM10A | (Lazarus)
Count I: Nolle Prosequi (DUI)
Count II: Nolle Prosequi (Refusal To Submit)
Count III: Dismissed (Speeding)
Count IV: Dismissed (Expired Tag)

This client was stopped by an officer of the Plantation Police Department for Speeding on University Drive. The actual stop, however, took place south of State Road 84. The stop location was in Davie. Mr. Canet filed a Motion To Suppress For Lack of Jurisdiction. The State called both of its officers in the case. At the close of the State’s presentation, Canet argued that jurisdiction had not been established and the Judge agreed and granted the motion. The State did not appeal and entire case was DISMISSED.

39. 03/23/07 | 06-017496MM10A | (Murphy)
Count I: DUI Amended to Reckless Driving (Adjudication Withheld)
Count II: Nolle Prosequi (Marijuana Possession)

This client was stopped by Pembroke Pines police officers working an off-duty job at the Café Iguana. She was observed driving through the parking lot and allegedly drove over a curb where pedestrians had to jump out of the way to avoid her. The police also found marijuana in her vehicle. Mr. Canet filed a Motion To Suppress the initial stop. It was understood that the testimony concerning the pedestrians posed the biggest problem. At the hearing, Mr. Canet brought a tape measure and one of the pedestrians who allegedly had to jump out of the way. One of the officers testified that the pedestrians were at least ten feet away. Mr. Canet had the officer measure ten feet for the Court. Mr. Canet than had the pedestrian testify that he had not noticed the client’s vehicle until she was actually stopped by police. The motion was GRANTED. The client, however, to avoid defending an appeal decided to accept an offer of Reckless Driving with no conviction. The marijuana charge was DISMISSED.

38. 03/26/2007 | 06-16562TC10 | (Ireland)
Count I: Nolle Prosequi (Leaving the Scene)
Count II: Nolle Prosequi (Careless Driving)

This client was involved in a one vehicle accident. He had driven his father’s truck into someone’s front yard damaging their landscaping. The client fled the scene on foot. Officers investigating the incident met the client at his home. They confronted him and got him to admit that he had been driving and had wrecked the truck. Mr. Canet filed a Motion To Suppress the client’s statements to police. He argued that the admissions had been coerced. The Judge agreed and granted the motion. The State did not appeal and the case was DISMISSED.

37. 2/21/07 | CTM06-381A | (Becker)
Count 1: DUI enhanced, Amended to Reckless
Driving (Adjudication Withheld)

This client was stopped by a Monroe County deputy at mile marker 34 in Key West. The deputy stated that the driving pattern was highly erratic. The client agreed to perform roadside exercises and did poorly. He was arrested and at the jail agreed to a breath test. His results were above a .20. Mr. Canet filed several motions, including a motion challenging the test results for lack of compliance with the 20 minute observation rule. The State conceded the motion without a hearing and the client accepted a break down with no conviction.