2009
Case CF 14482 NC
Charge: Marijuana Trafficking
Result: Charges Dropped
The defendant in this case was facing a mandatory jail sentence of three years for trafficking in 25-200 pounds of marijuana. He was also charged with manufacture of a controlled substance, resisting an officer without violence and possession of drug paraphernalia. Darren Finebloom took the case and after investigating and working with his client, Darren filed a Motion to Suppress due to an illegal search and seizure. The court granted the motion stating that there was insufficient evidence that exigent circumstances existed to allow the police to search the defendant’s residence without a warrant. That led the State to drop all the drug charges against our client.
NO CONVICTION (JUNE 2009)
A Hillsborough County Sheriff’s Deputy arrived on the scene of an accident and learned from witnesses that defendant was operating a vehicle at the time of the accident. Deputies approached the defendant and suspected that he may be impaired. Defendant failed Field Sobriety Exercises and was arrested. At the jail, defendant provided a breath sample, which indicated no alcohol in his system (.000). Defendant provided a urine sample which tested positive for illegal substances. Despite the video surveillance indicating impairment as well as positive urine results, Stephen Higgins was able to get the charge amended to Reckless Driving with no conviction. (Ref. No. 7420-GCO)
SARASOTA COUNTY TRAFFICKING IN OXYCODONE > 4 GRAMS 2007CF006486NC
The Defendant was a 67 year old with no prior record. He was involved in a major car accident and just recovering from triple bypass surgery. A friend made advances to get him to sell her oxycodone of which the Defendant was prescribed for his pain. She eventually convinced him to sell her a trafficking amount of oxycodone and the Defendant was arrested and faced a 3yr minimum mandatory prison sentence. Darren Finebloom, after lengthy negotiations with the State attorney’s office, was able to get the charge reduced and the Defendant was given a probationary sentence. The Defendant was facing a 3 year minimum mandatory sentence.
DUI Charge Reduced To Reckless Driving After Blood Draw Was Challenged
2009 CT 015280 SC
Our client was involved in a single vehicle accident. Police arrived on the scene while the Defendant was in the back of an ambulance. The Police requested a blood draw prior to getting to the hospital to which the Defendant agreed. The blood came back positive for marijuana and controlled substances. Darren Finebloom filed a motion to suppress the blood results because the police did not lawfully request a blood test as the Defendant was not at the hospital for treatment. The State agreed to reduced the DUI charge to Reckless Driving and no conviction.
Felony Drug Possession Reduced to Misdemeanor Charge
Case# 10-000378CF
Our client was stopped for a traffic infraction. According to the police he was acting nervous and suspicious. The police searched his vehicle and found 528 grams of Marijuana and a shotgun. AnneMarie Rizzo got involved and began investigating the case on behalf of her client. After intense negotiations with the Prosecutor AnneMarie was able to convince the Prosecutor to reduce the felony drug charges to Possession of Marijuana under 20 grams, a misdemeanor. Additionally, AnneMarie was able to keep her client from having to serve any time in jail and the Court Withheld Adjudication, meaning no conviction and saving her client from losing his license for 2 years.
Manatee County DUI Drug Case Dropped Before Trial
State v. J.W. (Manatee) 2010 CF 002819
The Defendant was arrested for possession of a controlled substance and DUI. Darren Finebloom immediately began to investigate and prepare his defense. It turns out no urine sample was requested and no evaluation was done of the Defendant for impairment by a controlled substance. Furthermore the controlled substance found in the car belonged to another party with a valid prescription. This information was revealed to the State and all DUI and drug charges were dropped.
DUI REFUSAL REDUCED TO RECKLESS DRIVING AND POSSESSION OF MARIJUANA DISMISSED
2009MM003789NC
The Defendant was stopped for traveling at a high rate of speed and swerving in and out of his lane. When the Defendant was approached by law enforcement officers they immediately noticed an odor of alcohol, bloodshot watery eyes and very slurred speech. The Deputies asked the Defendant to step out of the vehicle and noticed that the Defendant was unsteady on his feet when he was standing and walking. The Deputies asked the Defendant to perform field sobriety exercises. The Defendant did the eye test (also known as horizontal gaze nystagmus), the walk and turn exercise, and the one leg stand exercise. After performing the exercises the Deputies arrested the Defendant. During the search of the Defendant’s person and vehicle the Deputies found marijuana in his possession. After the Defendant’s arrest the Deputies requested the Defendant to give a breath test. The Defendant refused to give a breath test. AnneMarie Rizzo quickly began to gather evidence in support of her client’s defense. AnneMarie took depositions and filed a motion to suppress the marijuana. The Judge granted the motion to suppress and the marijuana charge was ultimately dismissed. At the administrative DMV hearing AnneMarie also convinced the DMV to invalidate her client’s license suspension and won his license back. AnneMarie set the case for trial. The week before trial the Prosecutor agreed to drop the DUI to a Reckless Driving. The Defendant never went without a license and also received a withhold of adjudication meaning he wasn’t convicted of any offense.
Polk County 09-CT-4128, 09-CT-4129
The Florida Highway Patrol was dispatched for a traffic crash that occurred in the parking lot of a commercial business in Lakeland. The trooper made contact with the Defendant and began a criminal investigation for Driving Under the Influence with property damage and leaving the scene of an accident. The Defendant holds a CDL license and was driving a commercial vehicle at the time of the accident. The Defendant, who was on prescribed medications, performed roadside field sobriety exercises and was ultimately arrested for 2 counts of driving under the influence with property damage and leaving the scene of an accident. David Haenel set the case for trial and the state attorney dropped one count of DUI and the leaving the scene, and amended the other driving under the influence charge to a reckless driving. The Defendant received a withhold of adjudication, no conviction and no driver’s license suspension. An amazing result considering he is a commercial driver and a DUI conviction would destroy his livelihood.
Manatee Case 2009 CT 001981
The police were dispatched to a 911 call of a driver unable to maintain a single lane. The Defendant was ultimately stopped by the Manatee County Sheriff’s Office and asked to perform roadside field sobriety tests. This case involved a DUI with prescription medications and not alcohol. Following the Defendant’s performance on the field sobriety exercises he was arrested and taken to the Manatee County Jail for a breath test where he blew a .000. After the breath test, a drug recognition expert was called to the jail to conduct a DRE evaluation. The Defendant submitted to a urine test, which came back positive for his medication. David Haenel set the case for trial and on the morning of the jury pick, the state amended the charge to reckless driving and the Defendant received a withhold of adjudication, meaning no conviction on his record.
2008 CF 005709 NC SARASOTA COUNTY
VIOLATION: POSSESSION OF COCAINE, THEFT
MAXIMUM PUNISHMENT: 5 years
RESULT: Darren Finebloom performed an intense investigation of the accusations and provided that information to the State Attorney. Based on this early investigation the charges were declined.
