(Records Kept Since 2000)
A BREAKDOWN is a negotiated reduction of the charge. Often, despite the weakness of the Government’s case or strength of the defense, the client is nervous about taking his case to trial. In the cases listed, Mr. Canet negotiated a favorable settlement and the client choose to accept. These settlements almost always include no conviction or criminal record as a condition. This condition is referred to as “Adjudication Withheld.” If you find yourself accused and having to go to court, contact us and we’ll review your case. The consultation is FREE.
10/02/07 05-011885MM01A (Lerner-Wren) Count I: DUI Amended to Reckless Driving (Adjudication Withheld); Count II: Speeding (Dismissed):
This client was stopped by officer of the Lauderhill Police Department for speeding. The stopping officer, who was also a DUI specialist, suspected the client was impaired and investigated him for DUI. After the investigation it was concluded the client was impaired and he was arrested. The client was brought to the BSO Bat Facility for testing. At the facility he agreed to a breath test. The clients results were well over the legal limit. While at the Bat Facility the client was videotaped. The videotape showed that the BSO breath test operator failed to comply with the 20 minute observation. Mr. Canet filed a motion to suppress the breath test results that was granted by the court. Afterwards, the state offered the client a change of charge plea with minimal penalties and he accepted.
9/24/07 04-007554MM10A (Robinson) Count I : DUI/Property Damage Amended to Reckless Driving; Count II: DUI (Nolle Prosequi); Count III: FTYTOW (Dismissed); Count IV: Improper Turn (Dismissed):
This case involved a collision where the police determined the client was at fault for making an improper turn. Upon arrival at the scene several officers concluded the client was impaired and called for a DUI Task Force deputy. The officer who responded was DUI veteran Deputy James Herbert. Deputy Herbert investigated the client for DUI determined she was impaired and placed her under arrest. He videotaped the client during his investigation. The video showed that the client performed poorly on field sobriety exercises. Later, the client submitted to a breath test and her results were well above the legal limit. This was one of the cases where Mr. Canet filed a motion to suppress the breath test results based upon the tap water issue. The Court granted the motion and excluded the breath results. After a lengthy appeal the judge was upheld and the results remained excluded. The state then offered the client a change of charge plea to Reckless Driving and she accepted.
09/10/07 489758x (Mirranda) Count I: DUI, Amended to Reckless Driving:
This client was arrested by officers of the Miami Beach Police Department. It was alleged that he was asleep in his vehicle while illegally parked. After his arrest he submitted to a breath test and his results were .16/.16. Mr. Canet was able to depose the arresting officer and based on his responses to certain questions filed several pretrial motions. Upn consideration of the motions the state offered the client a BREAKDOWN to RECKLESS DRIVING that he accepted.