Success Stories

The following are examples of some recent successful results Janet Johnson has obtained for her clients.

State of Florida v. D.O.: Client observed by police hitting the curb and then crossing the center line on the roadway. She ran a stop light and made a right turn from the center lane. Police pull her over, at which time client was allegedly unable to roll down the automatic car window. After several attempts, she opens the truck door at which time the officer said he smelled a strong odor of alcohol coming from her breath. Client admits to having had two vodka and orange juice drinks. Client submitted to field sobriety exercises which the officer said she “failed” at which time she was arrested, transported to the jail and asked to submit to a breath test. The results were .151 and .152. Client was arrested and ultimately charged with D.U.I. and Possession of Drugs without a prescription as several prescription medications were recovered from her car upon her arrest. Client retained us and we chose not to plead guilty and to take our chances at trial. The counts were severed, or separated, and the first trial was on the D.U.I. We were able to catch the officer in multiple contradictions between what he had previously said under oath at the D.M.V. hearing and what he said on the stand. We also were able to impeach him with his own report as to what exercises were performed and how she did on those exercises. We also elicited, through the breath test maintenance witness, that this machine was no longer in use at the time the case went to trial. The jury found the client not guilty as to the D.U.I., and the State chose to drop the Possession of Drugs without a Prescription charge after the Judge granted a Motion to Suppress the police officer’s testimony due to his credibility problems in the first trial.

State of Florida v. M.B.: The client was on probation for D.U.I. in Duval County. Client is arrested for new D.U.I. in St. John’s County where he blew a .147 and .139 after having being involved in a traffic crash and for Possession of New Legend Drugs Without a Prescription in Duval County. A violation of Probation was issued. We set a D.M.V. hearing where we prevailed and got client’s license reinstated, won a Motion to Suppress the Breath Test Results and were able to plead to a reduced charge of Reckless Driving in St. John’s County and were able to admit the violation of probation whereby probation was reinstated and a new condition was added for client to submit to a drug and alcohol evaluation.

State of Florida v. M.S.B.: The client was arrested after being involved in a one car traffic crash where his vehicle was overturned. A witness observed the crash, called the police and a D.U.I. unit ultimately responded. Post Miranda warnings, the client indicated to the police that he had consumed 4-5 beers. The client was arrested after performing field sobriety exercises, was transported to the Duval County Detention Facility where he blew a .143 and .141. The entire investigation was on videotape. We took the case to trial and argued, in closing argument, that due to the lapse of time between when client last drove and when the breath test was ultimately taken at the jail, over 2 hours later, the breath test results were not relevant. Additionally, we argued that due to the accident, it was unreasonable to expect the client to successfully perform the exercises and, instead of arresting him for D.U.I., they should have taken him to the hospital. The jury came back with a verdict of not guilty.

State of Florida v. T.H.: The client was pulled over for supposedly swerving four times on each side, crossing the lane markers on the road. Client was pulled over, and the officer reported that he had bloodshot eyes, slurred speech and a strong odor of an alcoholic beverage. A D.U.I. officer was called and client was given field sobriety exercises after which the officer arrested client, transported him to the Duval County Detention Facility where he blew .244 and .244. However, at trial the breath test operator said the client only had a faint odor of alcohol on his breath and had no difficulty walking or talking. Additionally, during the trial, we presented testimony from the bartender who served client and said he was not impaired at the bar, where he ordered four martinis, and from his friend who was with him that night who also said he was not impaired, and from a scientist who said that, given how he performed on the exercises and what he drank the breath test machine, could not have been working properly. The jury found client not guilty.

State of Florida v. S.L.: The client was pulled over for failing to maintain a single lane. The stopping officer allegedly detected a strong odor of alcohol on client’s breath, his eyes were red and watery, his face was allegedly flushed and speech slurred, and the officer observed an open 12 oz. can of Miller beer on the floorboard. The client performed one field sobriety exercises and then allegedly refused to continue. At that time he was arrested and transported to the Pre-Trial Detention Facility where he blew .152 and .152 in the breath test machine. At trial, we argued that due to the delay of two hours between the time of driving and the breath test, the results were not relevant and should not be considered by the jury. The jury found the client not guilty.