(Records Kept Since 2000)
A BREAKDOWN is a negotiated reduction of the charge. Often, despite the weakness of the Government’s case or strength of the defense, the client is nervous about taking his case to trial. In the cases listed, Mr. Canet negotiated a favorable settlement and the client choose to accept. These settlements almost always include no conviction or criminal record as a condition. This condition is referred to as “Adjudication Withheld.” If you find yourself accused and having to go to court, contact us and we’ll review your case. The consultation is FREE.
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.
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 accepted.
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.
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.
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.
The Client was observed by Sgt. Kogod, supervisor of the DUI Task Force of the Broward Sheriff’s Office driving erratically while southbound on I-95 approaching the exit for I-595 he initiated a traffic stop and immediately observed indicators of impairment due to alcohol He then summoned one of his investigators to the scene to conduct field sobriety exercises. These were performed on video. After the exercises the client was arrested and taken to the BAT facility where she submitted to a breath test and blew over the legal limit. Mr. Canet was able to put the case in the best possible position for a good result and kept anouncing ready for trial each time the came up on the trial docket. Eventually, the State recognized it could not go forward and made the client an offer she choose not to refuse. The DUI was reduced to RECKLESS DRIVING with no conviction on her driving record.
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.
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.
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.
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.
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.
This client was pulled over by an off-duty corporal of the City of Ft. Lauderdale Police Department. He pulled over the client because the client had cut him off while attempting a right turn. The officer made contact with the client and observed all the usual signs of alcohol impairment. The officer then called to the scene a Coral Springs Police DUI investigator. The officer who responded was Detective Christine Stilwell. Officer Stilwell is a well known experienced and aggressive DUI specialist. She investigated the client and arrested him based upon a poor performance of roadside exercises. She brought he client to the station and video taped him performing roadside exercises a second time. On the video tape Officer Stilwell’s conduct towards the client was nothing short of outrageous. Despite her behavior the trial judge denied Mr. Canet’s motion to suppress roadside exercises and statements. Mr. Canet strongly encouraged the client to continue to fight his case. The client agreed and the case began as a jury trial with the jury panel selected. The State, after jury selection, realized that they were going to have problems because of the arresting officer’s demeanor on video tape in light of Mr. Canet’s projected cross examination and decided to make an offer the client choose not to refuse.
(Cowart) (Adjudication withheld)
This client had been pulled over and was charged with Misdemeanor Driving With a Suspended License. Mr. Canet realized that no underlying citation supporting the initial stop had been issued and filed a Motion to Suppress initial stop. State did not oppose the motion and reduced charge to a civil infraction with no points.
This client was stopped by Officer Delrio of the Hollywood Police Department. Officer Delrio investigated the client for DUI but allegedly failed to record the client on his dashboard mounted video camera. The stop had occurred in the parking lot of the client’s condo building. The parking was under surveillance from a security camera. The client was able to obtain a copy of the security recording showing him being stopped and investigated for DUI. Mr. Canet filed Motion to Dismiss based upon Destruction of Video and presented at the hearing the security recording demonstrating that the officer’s video would have been beneficial. The motion was granted by the Judge. The case went up on appeal and eventually the State offered the client a reduced charge with no adjudication that he accepted.
This client was involved in a crash and was investigated at the scene for DUI. The officers made the usual observations and the client allegedly did poorly on roadside exercises. Mr. Canet filed several motions requesting that most if not all evidence be excluded. State offered Reckless with a withhold before hearing even got started.
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.
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.
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.
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.
This client was arrested and charged with DUI by officers of the Sunrise Police Department. The officer who did the actual arrest was Stephen Lopez. Officer Lopez retired from the department while this case was pending. However, it was not until Mr. Canet filed certain pretrial motions that the State conceded the case and offered a settlement the client was willing to accept. The offer was Reckless Driving with no conviction. Although, Mr. Canet had encouraged the client to holdout for a dismissal.
This client was arrested and charged with DUI. However, the allegation was that he was under the influence of a chemical or controlled substance and not alcohol. Mr. Canet was able to establish through his investigation that the State would be unable to prove that the client was under the influence at the time of driving and the State conceded and offered the client a plea to Reckless Driving that he accepted.
This client was arrested by officers of the Coconut Creek Police Department. After her arrested, the client was transported to the station where she submitted to a breath test. The breath test technician was Officer John Dorland. Mr. Canet filed a Motion To Exclude the Breath Test Results for lack of a 20 minute observation period. Mr. Canet cross-examined Officer Dorland on this issue and the Judge was persuaded no observation period had taken place and GRANTED the motion. The State offered a settlement to Reckless Driving that the client accepted.