Recent Court Wins victories that speak for themselves!

Recent Court Wins victories that speak for themselves!

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29. 07/11/06 | 04-019377 MM10A
Count 1: DUI Amended to Reckless Driving (Adjudication Withheld)
Count 2: Dismissed (Following Too Closely)
Count 3: Dismissed (Disobey/Avoid Traffic Device)

This client was stopped because she followed too closely behind a police officer. The same officer stopped her and investigated her for DUI. The client exhibited all the signs of alcohol impairment and performed poorly on roadside exercises. The client was taken to the station where she provided a breath sample well above the legal limit. Mr. Canet filed a series of pre-trial motions that included Motion To Suppress the breath results for lack of compliance with the 20 minute rule. The State conceded the motion and offered a reduced charge with no conviction that the client decided to accept.


28. 07/10/06 | 05-014860 CF10A | (Felony)
Count 1: Nolle Prosequi (Felony DUI)
Count 2: Nolle Prosequi (DWLS)
Count 3: Dismissed (Driving Wrong Side)
Count 4: Dismissed (Disobey Red Light)

This client was stopped by Sunrise police officers. He was observed driving towards the officers on the wrong side of the road. One officer followed the client for at least 4 miles. The officer alleged that the client was driving at a fast rate of speed and running red lights along the way on Oakland Park Boulevard. The client was eventually stopped and arrested for DUI. The client agreed to provide a breath sample and was well above the legal limit. Mr. Canet announced ready for trial and the State decided to offer the client a brief county jail sentence because they were afraid to try the case without the breath test technician being present for trial. The offer was rejected and the State voluntarily DISMISSED.


27. 06/05/06 | 04-023197 MM10A
Count1: DUI (Amended to Reckless Driving)
Count 2: DWLS (Adjudication Withheld)
Counts 3, 4, 5: DISMISSED

This client was stopped after he attempted to back out of a handicapped spot. The deputy that stopped him made all the usual DUI observations and summoned a DUI Task Force deputy to the scene. The DUI investigation was captured on video and the client appeared impaired. However, the client could not be convicted of DUI. Mr. Canet announced ready for trial and was ready to proceed. The State, instead, decided to offer the client a reduced charge and he accepted.


26. 05/22/06 04-026368MM10A
Count 1: DUI Property Damage Amended to Reckless Driving (Adjudication Withheld)
Count 2: Dismissed (Careless Driving)

This client was involved in a single vehicle accident in Weston. He was investigated by BSO deputies who concluded he was impaired after a very poor performance of field sobriety exercises. Mr. Canet filed a Motion To Suppress the Field Sobriety Exercises because they had been coerced. The Judge agreed and granted the motion. The State decided to offer a reduced charge with no conviction that was accepted by the client due to his job status. Otherwise, Mr. Canet had encouraged this client to take his case to trial.


25. 05/18/06 | 05-010508 MM10A
Count 1: DUI Amended to Reckless Driving (Withhold Adjudication)
Count 2: Nolle Prosequi (Possession Cannabis)

This client was stopped by Hollywood PD officers for failing to maintain a single lane. The officers made the usual DUI observations and added the odor of marijuana. The vehicle was searched and marijuana was found. Mr. Canet filed a Motion To Suppress For Lack of Probable Cause. The State conceded the motion and the client accepted the dismissal of the marijuana charge and a reduced charge of Reckless Driving with no conviction.


24. 05/11/06 | 04-035180 TC10A
Count 1: Nolle Prosequi (DWLS)

This client was stopped by a police officer who recognized his vehicle and knew that his license was suspended for a prior DUI arrest. Mr. Canet filed a Motion To Suppress the initial stop. The officer, at the hearing initially testified that he know it was the client who was driving the vehicle. However, when Mr. Canet cross examined the officer he admitted that he did not get a look at the driver. Mr. Canet successfully argued that the officer had no reasonable suspicion for the stop. The Court GRANTED the motion. The State did not appeal and the case was DISMISSED.


23. 04/17/06 | 05-001181MM10A (Feiner)
Count 1: DUI (Nolle Prosequi)
Count 2: Following Too Closely (Dismissed)

This client was stopped by officers of the Davie Police Department as he was traveling south on South State Road 7. The officer that stopped him had stated that the client was following him too closely and that was why the stop was made. Mr. Canet filed a Motion To Suppress the traffic stop. The officer was cross examined on issue of whether the client was actually violated the statute. Mr. Canet was able to establish through the questions and answers that he not. The Judge agreed no offense had been committed. The motion was GRANTED. The State did not appeal and the case was DISMISSED.

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