About Attorney Roger Elkind
DUI Case Victories:
Dade County Date of Win: 03/04/2013
Case No: 7091-XEX
Facts:
The Defendant was involved in a traffic accident on September 8, 2012, in which he ran into the rear end of another vehicle. The police arrived to investigate the crash. The police investigation revealed that the Defendant was traveling at a high rate of speed and abruptly changed lanes. The officer made contact with the Defendant who was outside of his vehicle and stated that he smelled the strong odor of an alcoholic beverage from his breath with bloodshot/watery eyes. The Defendant stated he had a few glasses of wine when asked by the police. After the roadside sobriety test the Defendant was arrested and he refused the breath test.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions including a Motion to Suppress the Defendant’s statements about the two glasses of wine as Miranda had to be read at that time after the crash investigation and a Motion to Dismiss for Lack of Corpus Delecti for the failure of the police to place the Defendant behind the wheel as they arrived after the crash. The only other witness was the other driver in the crash (victim) and it was determined that he would also have difficulty placing the Defendant behind the wheel. The case was set for trial and the police as well as the other driver (victim) appeared on the day of trial. Attorney Elkind told the Defendant to remain seated and questioned the other driver (victim) whether he could ID the Defendant in front of the State Attorney and he could not make a positive ID and was not sure who the driver (Defendant) was and could not point him out. That based on the lack of ID and failure to place the Defendant behind the wheel the State dropped the DUI charges to a withhold of adjudication (no conviction) on Reckless Driving on March 4, 2013.
Miami-Dade County Date of Win: 12/15/2008
Case No: 1548-XAZ
Facts:
The defendant was observed driving a white vehicle in the right lane at 12:47am on February 9th, 2008, swerving into the right shoulder and almost hitting the guard rail. The defendant was stopped and the officer noticed signs of impairment. The defendant was asked to perform roadside exercises and was placed under arrest for DUI. The defendant gave three breath test results of .077, .192 and .194.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to exclude the breath test results since the breath test affidavits were incomplete. In addition, two different affidavits were filed with two slightly different results. Also, the annual inspection and registration of the breathalyzer instrument were missing. The State dismissed the charges on December 15th, 2008.
Miami-Dade County Date of Win: 11/17/2008
Case No: 3922-XCK
Facts:
The defendant was observed at 12:43am on March 22nd, 2008 driving a Ford Expedition and pulled off the roadway and appeared as though he was attempting to park his vehicle. The officer continued driving past the defendant. Later, when the officer returned to this location, he observed the same vehicle with reverse tail lights and brake lights on. However, the vehicle was not moving. The officer stopped and approached the vehicle on foot. The defendant was passed out in the steering wheel in the driver’s seat, and there was a strong odor of alcohol emitting from the vehicle. The officer attempted to awake the defendant verbally with no response. Only on the suspicion of DUI, the officer reached into the vehicle and placed it in park, turned off the engine, and removed the keys. The officer then shook the defendant until he awoke. The only roadside exercise given was the HGN (Horizontal Gaze Nystagmus) test. The defendant was arrested for DUI with breath results of .214 and .215, more than double the Florida legal limit.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to suppress for an illegal arrest. It was argued that, by placing his hand into the defendant’s vehicle and removing the keys, the officer violated the defendant’s 4th Amendment right pursuant to the US Constitution, which is the right to be free from an unreasonable search or seizure without sufficient probable cause at the time. As such, the court granted the motion to suppress the evidence, and the State dropped the charges on November 17th, 2008.
Miami-Dade County Date of Win: 06/16/2008
Case No: 3072-XDK
Facts:
The defendant was observed driving south on Collins Avenue at 4:06am on February 24th, 2008 and made an illegal U-turn where there was a clearly posted “No U-turn” sign. A traffic stop was conducted, at which point the driver attempted to exit the vehicle. While speaking with the defendant, the officer noticed signs of impairment, including the defendant’s difficulty in retrieving his registration documentation. When the defendant was asked to exit his vehicle, he stumbled and fell against his door, and stumbled several more times while walking to the rear of his vehicle. The defendant agreed to perform roadside sobriety exercises and stated, “I only had two beers and I am not drunk.” The defendant was arrested for DUI and gave a breath test with the results of .348, .327 and .333 – which is over three times the Florida legal limit of .08. He was transported to Ward D at Miami Jackson Memorial Hospital.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to compel discovery requesting missing breathalyzer instrument maintenance documents, as well as the medical records and witnesses from the hospital who treated him. The State dropped the charges on June 16th, 2008.
Miami-Dade County Date of Win: 05/27/2008
Case No: 3059-XDH
Facts:
The defendant was involved in a traffic crash while driving a Kawasaki motorcycle on Alton Road, Miami Beach with another vehicle on April 28th, 2007. When the officer arrived on the scene, the officer observed signs of impairment, including unsteadiness on his feet. The officer asked the defendant how many drinks he had consumed, and the defendant stated that he had not had anything to drink and the only thing he was under the influence of was “that” – as he pointed to a bottle of oxycodone. The defendant agreed to perform roadside sobriety exercises and was arrested for DUI. In addition, a Drug Recognition Expert (DRE) was called to the station in order to request a urine sample. The defendant refused to provide a urine sample and stated, “I bought a hundred dollars worth of pot and smoked some in my bong last night.”
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to dismiss for failure to place the defendant behind the wheel (corpus delicti), and a motion to suppress the defendant’s confessions for failure to read the Miranda warning. In addition, due to the defendant’s injury from the motorcycle crash, he was not able to properly perform the roadside sobriety exercises. There was no breath test in this case, and the defendant refused to provide a urine sample. Since there was insufficient evidence to prove DUI, the State dropped the charges on May 27th, 2008.
Miami-Dade County Date of Win: 05/08/2008
Case No: 2272-XDP
Facts:
The officer observed the defendant losing control of his SUV while spinning out in the rain at 9:30pm on September 30th, 2007. The defendant was stopped, and the officer noticed signs of impairment. The defendant was asked to perform field sobriety exercises and was arrested for DUI. The defendant gave one breath test with a result of .160.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to exclude the breath test results for not being in compliance with the FDLE rules, which require two breath test results. In addition, a motion was filed to exclude the breath test result for violation of the 20 minute FDLE observation rule. Also, a motion to suppress for lack of probable cause was filed, as the odor of alcohol with an accident was insufficient evidence for the arrest. The motion to suppress was denied, however, the motion to exclude the breath test was granted. The case went to jury trial for two days, and the defendant was found not guilty on May 5th, 2008.
Miami-Dade County Date of Win: 04/28/2008
Case No: 6789-XDG
Facts:
The defendant was observed at 12:00am on January 9th, 2008 travelling southbound on Lejeune Road and was pace-clocked travelling 65mph in a 35mph zone. The defendant was stopped and after a brief conversation, the officer noticed signs of DUI impairment. The defendant stated that she only had two drinks, one glass of beer and one glass of wine when asked by the officer. The defendant was asked to perform roadside sobriety exercises and was arrested for DUI. The breath test results were .165 and .147.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to exclude the breath test for failure of the State to provide the registration, certificate of calibration and monthly agency inspection the month, during and after the defendant blew into the breathalyzer device. In addition, a motion to suppress the defendant’s statements was filed for failure to read Miranda warnings before asking how many drinks the defendant consumed. The State dropped the charges on April 28, 2008.
Broward County Date of Win: 03/04/2008
Case No: 06-012032MM10A
Facts:
The defendant was involved in a traffic crash in which another vehicle was rear-ended on June 19th, 2006. The trooper arrived later and noticed that the defendant had signs of impairment. After roadside exercises, and after Miranda rights were read, the defendant admitted to being in the crash, and stated that he “had 4 or 5 beers… European draft beers.” The defendant gave a breath test with results .192 and .212, getting close to almost three times the legal limit for the State of Florida (which would be .240).
Defense:
Attorney Roger Elkind was hired to defend and several motions, including a motion to dismiss for lack of corpus delicti, which argued that the trooper was unable to place the defendant behind the wheel. In addition, the trooper that conveyed the information to the second trooper was no longer employed by the FHP (Florida Highway Patrol) and therefore, all information would be considered hearsay and does not fall under the Fellow Officer Rule exception. The State also lost contact with the other driver, and thus had no witness who could place the defendant behind the wheel. The State dropped the DUI charges and offered the defendant reckless driving with no conviction on March 4th, 2008.
Miami-Dade County Date of Win: 01/04/2008
Case No: 411284X
Facts:
The defendant was observed driving at a high rate of speed and was stopped at 2:55am on August 24th, 2008, but failed to come to a complete stop when the officer activated the police cruiser lights. Upon making contact with the defendant, the officer noticed signs of impairment, including poor balance upon exiting the vehicle. Field sobriety tests were performed and the defendant was arrested for DUI, with breath test results of .169 and .153, which is double the .08 Florida legal limit.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to compel discovery for missing breathalyzer maintenance documents, and a motion to compel the officer’s laser speed measuring device certificate of calibration. In addition, it was argued that the defendant does not speak English, and as such, a Spanish-speaking officer should have been brought to the scene. The State dropped the charges on January 4th, 2008.
Miami-Dade County Date of Win: 12/10/2007
Case No: 341798W
Facts:
The defendant was observed at 3:54am on August 19th, 2007 for speeding and upon making contact with the driver, the officer noticed signs of impairment. The officer asked the defendant to exit the vehicle and perform roadside exercises. The defendant was arrested and gave a breath test with the results of .056 and .054, which is before the Florida legal limit of .08.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to compel discovery for the officer’s certificate to operate the radar, the radar log, and the six-month certificate of calibration for the radar unit. In addition, breath maintenance documents were compelled and provided in time. Due to the low breath test reading and the 90 day Speedy Trial Rule, the case was dismissed on December 10th, 2007.
Miami-Dade County Date of Win: 08/27/2007
Case No: 0534-CVJ
Facts:
The defendant was observed at 8:15am on April 27th, 2007 sleeping in the driver’s seat of his parked vehicle on Cramden Blvd in Key Biscayne. The police was called to the scene and opened the vehicle door and noticed signs of impairment. The officer also noticed an open 1 liter bottle of Johnny Walker Black that was three-fourths empty. The defendant refused all testing and was arrested for DUI while in Actual Physical Control of a motor vehicle.
Defense:
Attorney Roger Elkind was hired and filed several motions, including a motion to suppress for an illegal arrest, as the officers opened the door of the defendant’s vehicle without sufficient probable cause, which is an illegal seizure of the defendant under the 4th Amendment. The defendant was only sleeping and was not ill or in any danger which would require immediate police action. In addition, a motion was filed to suppress the refusal of the breath test. The State dismissed the DUI charges on August 27th, 2007.
Miami-Dade County Date of Win: 06/12/2007
Case No: 5446-XDL
Facts:
The defendant was observed at 11:31pm on February 27th, 2007 driving the wrong way on a one way street. The defendant was making furtive, nervous movements towards the passenger seat. In fear for a possible weapon under the seat, the officer ordered the defendant to exit his vehicle and place his hands upon his head. The officer advised the defendant that he was going to be handcuffed, but was not under arrest. The officer also noticed signs of impairment and after roadside sobriety tests were performed, the defendant was arrested for DUI and gave breath test results of .177 and .171.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to exclude the breath test for a violation of the FDLE 20 minute rule. The officer included the time in which the defendant was driven to the station in the backseat of the police cruiser as part of the 20 minute observation period before one blows into the breathalyzer. The 20 minute rule requires a constant observation by the officer to insure that the defendant does not burp or regurgitate prior to performing the breath test to prevent a false reading. The State dropped charges on June 12, 2007.
Miami-Dade County Date of Win: 05/14/2007
Case No: 489080-X
Facts:
The defendant was observed at 1:13am on Collins Avenue after striking an unmarked police vehicle on March 13th, 2006. The defendant fled the scene without giving any driver information. The officer stopped the defendant, and once out of the vehicle, the defendant was unsteady on his feet and exhibited signs of impairment. The defendant performed field sobriety tests and was arrested for DUI, with breath test results of .206 and .204.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to compel the breathalyzer instrument’s maintenance documents and a motion to exclude the Horizontal Gaze Nystagmus field sobriety test. Due to the inability of the State to providing documentation for the breathalyzer instrument, a 50 day demand for Speedy Trial was filed, and the case was dismissed on May 14th, 2007.
Highlands County Date of Win: 05/08/2007
Case No: 06-1085CF
Facts:
At 6:51pm on November 10th, 2006, the officer made contact with the defendant, pursuant to a possible domestic dispute. The defendant was seated in the driver’s seat that was parked on the north side of the building. The vehicle’s headlights were on and the engine was running, making the defendant in actual physical control of the motor vehicle. Contact was made with the passenger, who stated that there was an altercation with the defendant, no physical abuse occurred. The defendant exited the vehicle and appeared to be unsteady on his feet. The officer noticed that the defendant’s pants and shirt were wet, so the officer asked if the defendant had been drinking. It was explained that the defendant had one drink and – from stopping abruptly – a drink in the vehicle was spilled. The defendant denied drinking while in the car and became belligerent, but agreed to perform roadside sobriety tests but ultimately refused to perform any field sobriety or breathalyzer tests, and was arrested for DUI. As the defendant was walked towards the patrol car, he refused to be seated in the back of the cruiser, and had to be forcibly placed into the police vehicle.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to suppress for an illegal arrest without sufficient probable cause, as the odor of alcohol without more evidence was insufficient for a DUI arrest. The arresting officer had not observed the defendant’s driving pattern, field sobriety tests were not performed, and a breath test was refused. Due to the lack of evidence, the State dropped the DUI charge and reduced the charges to resisting arrest without violence without a conviction on May 8th, 2007.
Broward County Date of Win: 03/30/2007
Case No: 05-024471MM10A
Facts:
The defendant was observed at 12:15am on Oakland Park Blvd, driving at a high rate of speed, 56mph in a 35 mph zone on December 2nd, 2005. After the stop, the officer noticed signs of impairment. Roadside exercises were performed, and the defendant was arrested for DUI. The defendant began to cry and did not speak English well. The implied consent law was read to him by a Spanish-speaking officer. The defendant gave a breath test with the results of .107 and .107. The legal limit in Florida is .08.
Defense:
The defendant hired Attorney Roger Elkind and expressed concern in regards to his immigration status. Several motions were filed, including a motion to exclude roadside exercises and a motion to suppress statements or confessions made by the defendant based on the failure to provide a Spanish-speaking interpreter earlier in the case. One of the officers on the case was fired and the State dropped the DUI charge on March 20, 2007.
Broward County Date of Win: 02/14/2007
Case No: 06-002187MM10A
Facts:
The defendant was observed at 3:55am on February 4th, 2006 travelling south on Lyons Road driving very slowly at 20mph and then stopped in the turn lane for over a minute. The officer ran the tag and found that the tag was not assigned to the vehicle being driven. The defendant was stopped, and after observing signs of impairment, was asked to perform roadside exercises. The defendant was arrested for DUI. The defendant requested to speak to a lawyer, and was informed that during DUI processing, Florida law states that the defendant is not entitled to a lawyer until after the breath test is offered. Therefore, the officer stated that they had no choice but to write up the case as if the defendant refused the breath test.
Defense:
Attorney Roger Elkind was hired to defend and filed several motions, including a motion to suppress for an illegal stop, and a motion to compel discovery. The arresting officer moved to North Carolina and was no longer with the police department. A fifty-day demand for Speedy Trial was filed and in response, the State attempted to advance the trial to an even earlier date. This was denied by the Judge, as the case was already specially set for a certain date and time. The State dropped the charges on February 14th, 2007.