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Malcolm Anthony, P.A., Case Results

Third DUI Dropped; Significant Jail Time Avoided - DUI

Client was arrested for her third DUI in less than two years. She was on probation for her second DUI. She was facing significant jail time. Client was standing at her car inside the open driver's door when police arrived because she had been fighting in the street with the girl who had been her passenger. The police asked about the fight and let the passenger go. Client was given field sobriety tests and arrested for DUI. We filed a motion to suppress evidence from an unlawful arrest. No crime occurred in the officer's presence because client was not "in or on" the car for purposes of being in "actual physical control." We also averred that all her statements were inadmissible because she was never read her rights and this was not a traffic stop. She was in custody for purposes of the Fifth Amendment when the officer let the passenger go but would not let the client call her friend to pick her up and said "No friend is going to come get you. You are not going anywhere." The motion was granted. The State dropped the case.

Malcolm Anthony

Jacksonville, FL Criminal Defense Attorney​​​​​​ If you've been charged with a crime, you need the determination and experience of criminal defense attorney Malcolm Anthony on your side. As a Jacksonville area criminal defense attorney, I am a seasoned lawyer with a high success rate in criminal...

Enforcing the Highest Law of the Land Since 1983

Enforcing the Highest Law of the Land Since 1980

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