Location: Broward County
Charge Type: DUI
Result: Not Guilty
The Situation
Our client was an out-of-state driver from Georgia visiting Florida when he was arrested for DUI. Typically, first-time offenders in Florida may qualify for a DUI Diversion Program—an opportunity to avoid severe penalties. However, because he was not a Florida resident, he was denied access to the program.
Despite his clean criminal record and weak evidence against him, the prosecution refused to reduce his charge to reckless driving. Even multiple state attorneys admitted the case was weak and unlikely to hold up at trial, yet they refused to offer a plea deal.
Our client was left with no choice but to fight for justice—and that’s where Rossen Law Firm stepped in.
The Defense Strategy
Our client was found asleep in his car on the side of a major road, with his foot on the brake and the vehicle still in drive. At some point, his foot slipped off the brake, causing his car to roll forward and lightly hit a road sign. Two officers witnessed this and immediately categorized him as a DUI suspect (Signal 1).
Upon being pulled from his car, he appeared disoriented and exhausted—but not intoxicated. Our defense team built a strategy around the theme “Sleeping, Scared, Shut Down,” explaining how his behavior was the result of:
✔️ Being abruptly awakened
✔️ Feeling anxious about the situation
✔️ Shutting down under pressure
Crucially, our client exercised his legal rights by refusing field sobriety exercises and a breath test, which significantly reduced the prosecution’s available evidence.
The Result
In trial, we exposed the weaknesses in the prosecution’s case, highlighting the lack of concrete evidence proving intoxication. Our attorneys skillfully demonstrated that his behavior was misinterpreted by officers and did not meet the legal standard for DUI.
Result: NOT GUILTY
Our client avoided a wrongful DUI conviction—saving him from hefty fines, increased insurance rates, and the potential loss of his career.