The Law Office of Ryan N. Yadav, LLC

Criminal Defense in Your Neck of the Woods

DUI Results

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  • The results are not a reflection of all of the cases handled by The Law Office of Ryan N. Yadav
  • Every case is different, and each client's case must be evaluated and handled on its own merits.

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CHARGES DISMISSED – CASSELBERRY DUI NOT GUILTY DESPITE ASLEEP AT THE WHEEL AND ABOVE .08 BREATH 

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

 Judge:

 The Honorable Fred Schott

Charge(s): Driving Under the Influence
Arresting Agency: Casselberry Police Department
Facts: The Officer stopped the client for purposes of a well-being check after  found asleep at the wheel at a red light. Upon awaking XX the Officer claimed he smelled alcohol and the "usual" symptoms of impairment. The officer told our client to get out of his car, and perform roadside exercises. The Officer believed the client did poorly, and was arrested for DUI. The breath test results were above the legal limit.
Defense: Ryan and the client felt that he was indeed not impaired, rather exhausted from long work hours. The client did not appear drunk on the video at trial. Further, despite the client blowing above the legal limit Ryan was able to argue that the State could not prove XX's blood alcohol was above the limit at the time he was driving only his blood alcohol at the time XX submitted at the Jail.
Result: The jury agreed and found the client NOT GUILTY.  All charges dismissed.

 

SANFORD BOATING UNDER THE INFLUENCE REDUCED TO CARELESS BOATING

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

Judge:

The Honorable Mark E. Herr

Charge(s): Boating Under the Influence
Arresting Agency: Florida Fish and Wildlife
Facts: The Officer stopped the client while boating on Lake Monroe for allegedly speeding. Upon stopping and boarding the boat the Officer found an open beer, which is entirely legal, smelled alcohol on my clients breath, also legal, and then requested he perform exercises on deck. Despite the fact XX was asked to perform difficult tasks while on a rocking boat in the middle of the lake the Officer nonetheless arrested XX.
Defense: Upon the filing of a motion to suppress based on a potential illegal stop as well as motion to dismiss the state folded and offered to reduce the charge to a civil infraction, careless boating.
Result: BUI dismissed charges reduced to Careless Operation of a Vessel and a $250 fine only

 

MAITLAND DUI-DRIVER EXONERATED EVEN THOUGH MARIJUANA AND OPEN CONTAINER FOUND IN VEHICLE

 

Case:

State of Florida vs. XX, Orange County, Orlando, Florida

Judge:

The Honorable Deb Blechman

Charge(s): Driving Under the Influence with One Prior
Arresting Agency: Maitland Police Department
Facts: An experienced DUI Officer allegedly observed XX speeding on State Road 414. After stopping the vehicle the Officer claimed to observe impairment and arrested XX. Following arrest the Officer found an open container in the vehicle as well as marijuana and a smoking device. A lot was on the line, because the driver was previously convicted of DUI they were facing mandatory jail time.
Defense: Prior to trial Ryan was able to file motions allowing the jury only to hear evidence of the DUI investigation and not the marijuana nor that the driver was previously convicted of DUI. The theory of the case is that the Officer was biased and looking for DUI's on the night in question. Further, Ryan argued the State did not have enough evidence for a conviction as there was no video or breath results.
Result: The jury agreed with Ryan and found the client NOT GUILTY.  DUI dismissed.

 

SEMINOLE COUNTY DUI REDUCED TO RECKLESS DRIVING

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

Judge:

The Honorable John L. Woodard

Charge(s): Driving Under the Influence
Arresting Agency: Seminole County Sheriff's Office
Facts: XX was driving through the entrance of his gated housing development when a Sheriff's Deputy observed an alleged expired tag. The Deputy observed no other signs of impairment i.e. irregular traffic pattern. Following the stop the Deputy claimed to find the "usual" bloodshot eyes, odor of alcohol, slurred speech etc...XX was eventually arrested for DUI and later refused to submit to a breathalyzer test at the Jail.
Defense: Knowing that the State had little evidence to prove the client was DUI beyond a reasonable doubt Ryan aggressively set the case for trial and did not waive MR's speedy trial right. The assistant state attorney agreed with Ryan and offered MR a reduced charge of reckless driving.
Result: DUI charge reduced to reckless driving

 

JURY FOUND LONGWOOD DRIVER NOT GUILTY OF DUI UTILIZING THE "DIABETES DEFENSE"

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

Judge:

The Honorable Donald Marblestone

Charge(s): Driving Under the Influence
Arresting Agency: Longwood Police Department
Facts: The client was driving home in the early morning hours when he was pulled over for allegedly hitting a curb in the median of State Road 434. Upon stopping FS the Officer observed what he thought was the odor of alcohol and a night club wrist band. FS was asked to perform field sobriety exercises and was arrested for DUI.
Defense: Of all the questions the Officer asked FS that night, no question pertained to whether he had the disease of diabetes. In fact when an individual is having a diabetic episode due to low blood sugar many physical symptoms are similar to those of impairment by alcohol including the odor of alcohol on one's breath, slurred speech, and poor completion of field sobriety exercises. Further, Ryan argued the "club bracelet" the Officer observed was in fact a diabetic bracelet, the State had no evidence to rebut.
Result: NOT GUILTY

 

SEMINOLE COUNTY JUDGE JOHN GALLUZZO THROWS DUI CASE OUT BEFORE JURY HAS A CHANCE TO FIND THE CLIENT NOT GUILTY

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

Judge:

The Honorable John D. Galluzzo

Charge(s): Driving Under the Influence
Arresting Agency: Seminole County Sheriff's Office
Facts: XX was driving home from a friend's house when she was stopped by a Sheriff's Deputy for allegedly speeding and having an out tag light. Upon questioning from the Deputy XX admitted she had consumed 2 wine coolers within a 3 hour period. The Deputy requested XX submit to field sobriety exercises. The video showed the client performed fairly well on the exercises and possessed little of the "usual" signs of impairment. Nonetheless, the Deputy arrested XX and requested she submit to a breathalyzer at the jail. XX refused.
Defense: The State of Florida refused to offer a lesser included charge to XX; therefore, Ryan set the case for trial and picked a jury. The prosecutors presented the typical DUI presentation to the jury coupled with biased law enforcement testimony. At the conclusion of the State's case Ryan requested the Judge throw out the charge and moved for a judgment of acquittal because the State's case was so weak it would be insufficient to sustain a conviction even without the Defense presenting evidence and before submitting the case to the Jury. Judge Galluzzo agreed with Ryan.
Result: Judgment of Acquittal; DUI dismissed in total

 

ALTAMONTE DUI DISMISSED AFTER TROOPER'S BAD STOP

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

Judge:

The Honorable Mark E. Herr

Charge(s): Driving Under the Influence
Arresting Agency: Florida Highway Patrol
Facts: XX was driving home in the early morning hours when a Florida Highway Patrolman stopped his vehicle. Upon stopping XX the Trooper stated the reason for said stop was that XX's license was suspended. Shortly after the Trooper admitted to XX he read his license plate wrong and XX ended up having a valid license. Nonetheless, the Trooper decided to arrest XX for DUI after allegedly observing the "usual" indicators of DUI.
Defense: Ryan immediately filed a motion to suppress based on the Troopers unconstitutional stop of DW's vehicle due to lack of probable cause. The Trooper refused to appear at the hearing and upon request Judge Herr dismissed the case and DW walked out the court house a free man.
Result: DUI dismissed

 

CASSELBERRY DUI REDUCED TO DRY RECKLESS DUE TO LACK OF EVIDENCE

 

Case:

State of Florida vs. BP, Seminole County, Sanford, Florida

Judge:

The Honorable John L. Woodard

Charge(s): Driving Under the Influence
Arresting Agency: Casselberry Police Department
Facts: XX had taken a prescribed muscle relaxer the night prior to the incident. The next morning XX was involved in a minor accident involving a mailbox while he was backing his truck out of the driveway. When Casselberry PD arrived they thought XX was under the influence. The Officer had XX perform field sobriety exercises which he did well. XX would later refuse a request for urinalysis after he was arrested.
Defense: After research Ryan found that the mailbox was in fact in a peculiar position and many drivers prior to the incident had indeed  struck the mailbox. Further, although XX had admitted to taking prescription medication more than 8 hours before, a successful performance of the fses' made the case a strong one for the Defense. Upon the filing of motions the State of Florida caved and offered the client a rare "dry reckless", reckless driving non-alcohol related.
Result: DUI reduced to Reckless Driving


ST. JOHN'S RIVER BUI REDUCED TO DISORDERLY INTOXICATION

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

Judge:

The Honorable Debra Krause

Charge(s): Boating Under the Influence
Arresting Agency: Florida Fish and Wildlife
Facts: XX and his family were enjoying a Saturday afternoon on the St. Johns River in what is known as "Red Neck Island". While pulling a friend on an inner tube XX's boat was stopped on Lake Monroe in Sanford by FWC for purposes of what the Officer said was a "random safety inspection". The Officer allegedly smelled alcohol and other indicators of impairment. The Officer then took XX have his boat and drove him to shore where XX performed field sobriety exercises. XX refused to submit to prove a sample of his breath at the jail.
Defense: The State had no video or breath sample, the only evidence was the Officer's biased account of the events. Further, the Officer had XX perform the standard DUI exercises on shore because the Officer was unfamiliar with the tasks usually request by BUI technicians. Ryan was able to get the State to drop the BUI based on the State's inability to potentially prove the crime at trial.
Result: BUI reduced to Disorderly Intoxication


ORANGE COUNTY DUI EXONERATED

Case:

State of Florida vs. XX, Orange County, Orlando, Florida

Judge:

The Honorable Jeanette Bigney

Charge(s): Driving Under the Influence (Second Offense)
Arresting Agency: Maitland Police Department
Facts: XX worked at a gentleman's club in Orlando and was travelling home to Maitland when she was pulled over for running a red light. XX admitted to having 2 glasses of wine while she was working. XX was asked to complete field sobriety exercises and was arrested. At the DUI center XX refused to submit to a breath sample. There was no video of XX at the roadside, there was a video at the DUI center
Defense: Shortly after Ryan was hired a pre-trial motion was filed to limit the State of Florida to ever use as evidence where XX worked, her place of employment was not relevant to the charge of DUI and would only be used as a tool by the prosecutors to "make her look bad", the Judge agreed. Without inclusion of where XX worked, a roadside video, or breath sample Ryan petitioned the State to reduce or drop the DUI, based on XX's previous DUI the State refused. As a result, Ryan was left with no other choice but to pick a jury. After a lengthy DUI trial the jurors agreed with Ryan... that the State did not have enough evidence to prove that XX was DUI beyond a reasonable doubt. 
Result: XX walked out of the courthouse a free woman, she was facing mandatory jail time.


ALTAMONTE DUI DROPPED BY STATE OF FLORIDA

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

Judge:

The Honorable John L. Woodard

Charge(s): Driving Under the Influence
Arresting Agency: Altamonte Springs Police Department
Facts: XX was driving home from the Ale House in Altamonte Springs when he was stopped for having an out tail light. Upon stopping XX's vehcile the Officer calimed to smell the odor of alcohol on his person. On the dash cam video XX denied having any alcohol that night, looked sober, and performed the field sobriety tests well. When XX was taken to the jail he blew a .04, under the legal limit. Nevertheless, the State filed charges for DUI against XX.
Defense: XX hired Ryan; as a result Ryan instantly contacted the Office of the State Attorney and requested a urine test from NS on the night of his arrest. The urine test came back with all negative results. Ryan lobbied the assigned state attorney who eventually dropped all charges against XX without any motions filed or trial.
Result: DUI dismissed in total


UCF DUI REDUCED TO CARELESS DRIVING

Case:

State of Florida vs. XX, Orange County, Orlando, Florida

Judge:

The Honorable Jeanette Bigney

Charge(s): Driving Under the Influence
Arresting Agency: Orange County
Facts: XX was driving from the UCF area on University Avenue at 11 p.m. when his motor vehicle was stopped for allegedly swerving multiple times. Upon contact with law enforcement XX was asked to perform field sobriety tasks based on the officer's perceived odor of alcohol. JP refused and later refused a breath test at the jail.
Defense: All of the events including XX's driving pattern were captured on dash cam video. XX's driving was not bad at all especially when evidence revealed the area was under heavy construction. Further, XX did not look intoxicated on the video and supplied litttle evidence to the State. Ryan set the case for trial and called the State's bluff; as a result an offer of Civil careless driving was taken by the client.
Result: DUI reduced to civil traffic infraction

CHARGES DROPPED – STATE DROPS OVIEDO DUI

Case:

State of Florida vs. XX, Seminole County, Oviedo, Florida

 Judge:

 The Honorable John L. Woodard

Charge(s): Driving Under the Influence
Arresting Agency: Oviedo Police Department
Facts: XX, a local restaurant owner, was driving home after work one evening when he was pulled over for speeding. XX, did not speak English well and turned out to have had one beer while closing down the restaurant. Oviedo cops made XX perform sobriety tasks and then arrested him for DUI. At the jail XX blew under the legal limit, .04.
Defense: The State agreed with Ryan and dropped all charges based on XX's performance on the video and his blow below the legal limit.
Result: ALL CHARGES DROPPED

 

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