Our client was being charged with a DUI by the State of Florida. The facts of the case alleged that our client was sitting in the drivers seat of a vehicle that was pulled over to the right shoulder of I-4 Westbound in Orlando, Florida. An Orlando Police officer was dispatched to the scene to assist with a disabled motorist service call. Upon arrival, the officer discovered our client sitting inside of the vehicle and observed that the front passenger tire of the vehicle was completely shredded. The officer arbitrarily suspected intoxication and began investigating our client for DUI, ultimately leading to her arrest.
The Modarres Law Firm was fortunately retained at an early stage and immediately demanded an administrative review hearing with the Department of Highway Safety and Motor Vehicles. We successfully argued that under the facts of the case, our client could not be found to be in actual physical possession of a motor vehicle and the DHSMV hearing officer agreed, invalidating our client’s license suspension and fully reinstating her driving privileges.
Thereafter, The Modarres Law Firm filed a (c)(4) Motion to Dismiss on behalf of our client. During the Motion Hearing, we successfully argued that under the facts of this case, the motor vehicle was inoperable and therefore our client could not be found to be in actual physical possession of it. Over the State’s objection, the Judge agreed with us and granted our Motion to Dismiss. All charges against our client were dismissed and she was completely discharged from any further unfounded prosecution.
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