The defendant hired the Umansky Law Firm to represent him against a DUI case he was arrested on in Brevard County. The defendant adamantly denied that he was under the influence of alcohol or drugs to the arresting officer, however the officer arrested him anyways. The arresting officer is a certified Drug Recognition Expert, and certified as an instructor to teach courses to certify other Drug Recognition Experts. That officer claimed that he "smelled an odor of an alcoholic beverage coming from the defendant." The officer also claimed that our client admitted to taking morphine. The officer requested that our client perform a field sobriety exercise, which our client readily agreed to. The officer wrote in his report that our client exhibited all 6 indicators of impairment during the Horizontal Gaze Nystagmus exercise. As a certified Drug Recognition Expert the officer is deemed by the State of Florida to be an "expert" in determining impairment through administering the Horizontal Gaze Nystagmus exercise. The officer further claimed that our client exhibited 6 of 8 possible indicators of impairment during the walk and turn exercise, and all four of the possible indicators of impairment during the one leg stand exercise. Based on his expert opinion as a Drug Recognition Expert Instructor, the officer arrested our client for driving under the influence. He agreed to give a sample of his breath to determine the alcoholic content of his blood and the results came back negative for the presence of any alcohol in his system.


Attorney Michael Barber, who was defending the client on behalf of the Umansky Law Firm, prepared a Motion to Compel the evidence in the case as the prosecutors failed to turn over the evidence in a timely manner. In response the assigned prosecutor stated that she would not file charges on the case due to the Defendant's urine sample coming back negative for the presence of any controlled substances.

Verification Number:  05-2014-CT-049024-A

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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