Court Wins 2010

99. 11/01/2010 8470 XEJ, 8186 FXD, 8187 FXD, 5935 FXC (Kreiger Martin)


Count I: DUI (Reduced to Reckless Driving)

Count II: Reckless Driving (Dismissed by State)

Count III: Leaving the Scene (Dismissed by State)

Count IV: No Valid Drivers License (Dismissed by State)


Miami Beach Police officers received a dispatch message to be on the lookout for a vehicle being driven by the client. The client was located at her South Beach apartment building and identified as the hit and run driver. According to police she exhibited all the signs of severe alcohol intoxication. The police field tested the client and she was arrested for DUI in the spot. At the station the client provided a breath sample well above the legal limit. Miami Dade and South Beach DUI Defense Attorney Carlos Canet came to the rescue. He immediately filed a motion to suppress stating there was no probable cause to arrest. The state attorneys reviewed the motion. All the officers were present in court and prepared to testify. The state was waiting for the client to capitulate. They saw that Mr. Canet was going forward with his arguments and a settlement to the REDUCED CHARGE of RECKLESS DRIVING was offered. The client was satisfied and accepted the settlement offer.


98. 10/18/2010 08-028607MM10A (Lerner-Wren)


Count I: DUI (Enhanced Above .20) (Reduced to Reckless Driving)

Count II: Red Light


This was one of many cases that was resolved in favor of the client due to the hearing concerning FDLE Inspector Sandra Veiga. Sandra Veiga was the Department Inspector who was dismissed for intentionally destroying evidence of problematic Intoxilyzer inspection results. The motion to suppress breath test results was granted in this case. The client was offered a settlement to a REDUCED CHARGE that he accepted.


97. 10/07/2010 09-025133MM10A (Seidman)


Count I: DUI (Dismissed by State)

Count II: Failure to Use Due Care (Dismissed by State)


in this case Broward Sheriff’s Office deputies received a BOLO of a reckless driver. The description in the dispatch message matched the client’s vehicle. The client was pulled over after she drove into a parking lot and ran her vehicle over a concrete bumper. A BSO DUI Task Force investigator was called to the scene. The client’s DUI investigation was video recorded. Fort Lauderdale DUI Defense Attorney Carlos Canet quickly obtained the DUI video. The video was not favorable. It was critical to exclude it as evidence. Mr. Canet felt there was a problem with the vehicle stop and filed a motion to suppress. At the hearing on the motion the state was represented by Assistant State Attorney Kattie Bogenschutz. The motion was argued and granted by the court. The state did not appeal and ASA Bogenschutz VOLUNTARILY DISMISSED the case.


96. 06/25/2010 09-020156MM10A (Robinson)


Count I: DUI (Reduced to Reckless Withhold Adjudication)


Broward DUI Defense Lawyer Carlos Canet was retained by the client after she was arrested for DUI. Mr. Canet learned that the client had been stopped in a DUI Checkpoint. Mr. Canet has had much experienced handling checkpoint cases. He immediately recognized a technical problem with the way the police had handled this particular checkpoint. Mr. Canet filed the appropriate motion to suppress based upon no reasonable suspicion. The state attorney confirmed Mr. Canet’s findings and offered the client a settlement to a reduced charge with no conviction. The client accepted the officer. REDUCED CHARGE.


95. 06/18/2010 09-004441MM10A (Murphy)


Count I: DUI (Dismissed by State)

Count II: Resisting Arrest (Dismissed by State)

Count III: Reckless Driving (Dismissed by State)

Count IV: Fail to Maintain Single Lane (Dismissed)


Pembroke Pines police officers stopped and detained the client after he supposedly drove past them at a high rate of speed. They also said that his vehicle came off the road and into the grass swale on the roadside. He allegedly came so close he almost struck one of the parked patrol units. The officers quickly gave chase and stated that client continued to drive recklessly. After the client was stopped he was ordered out of his vehicle. The police said he resisted by hesitating to follow their commands. A DUI investigator was called to the scene and the client was video taped. Palm Beach County DUI Defense Lawyer Carlos Canet requested and reviewed the police DUI video. The video was problematic and made the case a challenge. Mr. Canet carefully questioned the officers at deposition was able to develop problems with their description of the traffic stop. A motion to suppress was filed and was granted. The court excluded all evidence in the case including the video. The state did not appeal and VOLUNTARILY DISMISSED the case.


94: 05/27/2010 10-015629TI40A (Traffic Court)


Charge I: DUI (Not Filed by State)

Count I: Red Light (Dismissed)

Count II: Drive on Sidewalk (Dismissed)

Count III: No Tail Light (Dismissed)

Count IV: Seat Belt (Dismissed)


This client was stopped by experienced Broward Sheriff’s Office DUI Task Force investigator James Herbert. Deputy Herbert said that the client drove without a proper tag lights on a boat trailer. He also ran a red light and drove up on the sidewalk. The client was investigated and after a very poor performance on field testing was arrested. This case involved the alleged use of controlled substances. Fort Lauderdale DUI Lawyer Carlos Canet initiated a dialogue with the Broward State Attorney’s Office that resulted in the DUI charged not being filed. Mr. Canet was able to convince prosecutors that the evidence gathered by the officer was insufficient to assure a conviction. Broward DUI Lawyer Carlos Canet later challenged the other charges and those were also DISMISSED.


93. 05/14/2010 08-025426MM10A (Murphy)


Count I: DUI (Dismissed by State)

Count II: Unlawful Tag (Dismissed by State)

Count III: Excessive Use of Horn (Dismissed by State)


Florida Highway Patrol troopers stopped this client when it was alleged that he had improperly entered an intersection. The officers said that he cut off other vehicles and while blasting his horn. The arresting officer said that he detected the odor of alcohol and heard that the client’s speech was slurred. The client also told police that he had been drinking. Fort Lauderdale Criminal Defense lawyer Carlos Canet did his customary investigation. The trooper was questioned by Mr. Canet in detail concerning the traffic stop. The trooper was unable to provide a sufficient legal justification for stopping the client. Mr. Canet challenged the legality of the client’s detention and all evidence in the case was excluded.


92. 03/10/2010 09-011447MM10A (Seidman)


Count I: DUI (Dismissed by State)

Count II: Careless Driving (Dismissed by State)

Count III: Possession of Cannabis (Dismissed by State)

Count IV: Possession of Drug Paraphernalia (Dismissed by State)


This client was pulled over by officers of the Margate Police Department. It was said that she had made an improper left turn. The stopping officer observed that she had the strong odor of alcohol, slurred speech and red blood shot eyes. The client was directed to perform a series of field sobriety exercises. The police said that she performed poorly and made the arrest. Post arrest the client’s vehicle was searched. The police found cannabis and added a possession charge to the DUI. The client refused breath testing. Broward DUI defense attorney Carlos Canet was granted leave to take the sworn statements of the officers. He was able to develop positive facts regarding the vehicle stop. Mr. Canet, an experienced DUI defense lawyer, filed a motion to suppress all evidence based upon an unlawful traffic stop. The motion was granted and the state DISMISSED ALL CHARGES.


92. 01/11/2010 1324, 1325, 1331, 1332, 1333-FQB (Fernandez)


Count I: DUI (Dismissed by State)

Count II: No Proof of Insurance (Dismissed)

Count III: Improper Lane Change (Dismissed)

Count IV: Improper U Turn (Dismissed)

Count VI: Turn Signal Violation (Dismissed)


This client was stopped by City of Hialeah patrol officers. The said that he had been failing to maintain a single lane and that he had switched seats with his wife prior to being stopped. The police said that the client exhibited the usual DUI related physical observations. He allegedly smelled of alcohol, had bloodshot eyes and problems with balance. The client was given field sobriety tests that the police said he failed. The client agreed to a breath test and his breath alcohol concentration was well below the legal limit. Miami DUI Lawyer Carlos Canet quickly recognized that the case could not be prosecuted in good faith. He persuaded the prosecutors to drop the case and all charges were VOLUNTARILY DISMISSED.


91. 01/06/2010 09-09013522TC10A (Gehl)


Count I: Reckless Driving (Charge Reduced to Infraction)


The client was arrested for reckless driving after it was alleged that he drove at a high rate of speed on State Road 7 in Lauderdale Lakes. The officers also said that the client was weaving in and out of traffic cutting vehicles off and nearly causing several accidents. Fort Lauderdale DUI attorney Carlos Canet investigated the case by taking the sworn statement of the arresting officer. Mr. Canet leaned that the client had actually been the target of a drug investigation. The officers investigating the client needed a justification for taking him into custody. Broward DUI Lawyer Carlos Canet exposed that the officers involved in the case used the reckless driving charge as an ulterior motive. The state offered the client a settlement to a traffic infraction and he accepted. CHARGED REDUCED.