DUI Resisting Arrest


2005: Our client was charged with one count of DUI, but without Refusal to take a breath, blood or urine test. According to the police reports, she was combative, argumentative, uncooperative and verbally abusive. Thus, the resisting arrest charge.

Also, the reports claimed she was unable to speak coherently, perform any field sobriety tasks correctly and was unable to say the alphabet, tell the police what day it was, provide the date or much of anything else.

They took her to jail, administered a breath test after a video recorded argument that seemed to last a lifetime, and . . . the result was zero point zero (0.0). Nothing. Nada. Not a drop of alcohol was in her.

Convinced she smoking crack, using pot, or extremely under the influence of drugs, they made her take the whiz quiz. After a second eternity of arguing, she agreed. Her family bonded out the next day and we were hired.

The State quickly sent discovery upon our motion, and a plea offer for DUI probation plus some jail time. However, there was a slight problem: No urine test results. Naturally, we wanted them.

Rather than file a motion recklessly, a phone call to the prosecutor resulted in lab results being forwarded: The drug test was negative

Result: ALL CHARGES DISMISSED. Why? She was off of her medication and mentally ill. A proper Rule 3.211-219 Forensic Evaluation revealed she was Not Guilty by Reason of Insanity. There was no need to lock her up – by the time the case came before the court, she was back on her medication, stable, healthy and safe..

I feel the need to offer up my words of praise and gratitude. While the circumstances under which we met certainly could have been better it truly is a blessing that the two of you are the ones I was privileged enough to have represent me. I heard several accounts from others about the negative experiences they had when engaging with lawyers and those in the legal profession. I prayed that my experience would not mimic theirs. From the initial contact with both of you I was struck by the level of professionalism that the firm shows when dealing with clients. You have both obviously worked diligently at developing processes that allow you to be efficient and effective.  To compliment your legal capabilities you both demonstrate an incredible amount of positivism and class. I cannot imagine going through this challenging time with anyone more equipped to support my legal and emotional needs.

Thank you both so very much.

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