"Dreams and dedication are a powerful combination."
-William Longgood
State v. D.W. - Driving Under the Influence of Drugs (Refusal)
D.W. was found by the police in his car sleeping. His car was sitting in the middle of the road still running. When the officer spoke to D.W., D.W. had slurred speech, glassy and dilated eyes, smelled of alcohol, and admitted to drinking. A small scale with a white, powdery substance was found in the back seat. D.W. was arrested and submitted to a breath test. The result showed he was below the legal blood alcohol limit. Believing he was under the influence of a drug, the officer then asked D.W. to submit to a test of his blood. D.W. refused.
Ramón was able to convince the prosecutor that the officer handled the case improperly and made several critical evidentiary mistakes. The prosecutor reduced the case to reckless driving and D.W. was able to avoid a trial and keep his license.
State v. C.F. -Driving Under the Influence (.179 blood test)
C.F. was involved in a single car accident after striking a utility pole. When officers arrived C.F. admitted to drinking, smelled of alcohol, slurred her speech, had blood shot and glassy eyes, and swayed as she stood. The officer requested a blood test and the result indicated that C.F.’s blood alcohol content was more than twice the legal limit.
At the motion to suppress, Ramón cross-examined the arresting officer and got him to admit that the physical manifestations that he believed were caused by C.F.’s intoxication could have been caused by the accident. Ramón then successfully argued to the judge that C.F.’s statement that she had been drinking and her odor of alcohol did not amount to probable cause to arrest her for D.U.I. The judge agreed. Case dismissed.
State v. T.S. - Simple Assault and Battery
T.S. was charged with following a woman into her apartment complex and attacking her in front of her young child. There was a history of abuse and harassment between T.S. and the alleged victim. T.S. was a former corrections officer.
At trial Ramón was able to present evidence of the past difficulties between the parties. The prosecutor wanted the jury to believe that the alleged victim was wrongfully attacked. Ramón was able to establish that the alleged victim was the aggressor and was lying on the stand. The jury believed Ramón. Not guilty verdict on all counts.
State v. M.B. - Driving Under the Influence (Under 21 driver)
M.B. was involved in an accident. As police showed up to the scene M.B. fled from the scene in his car. Officers followed and eventually cornered M.B. on a dead end street. M.B. was forced out of his vehicle at gunpoint and ordered to the ground. After placing M.B. in the back of a police cruiser officers began their D.U.I. investigation. The arresting officer testified at the motion to suppress that M.B. smelled of alcohol, had blood shot eyes, and was slurring his speech. M.B. did not do well on his field sobriety tests.
Ramón successfully argued that M.B. was placed under arrest prior to the officer’s D.U.I. investigation; mandating the officer to read M.B. his Miranda rights prior to administering the field sobriety tests. The Court agreed and suppressed the results of all the fields sobriety tests and the breath test. The D.U.I. charge was dismissed.
State v. W.M. -Possession of Marijuana (Confession)
W.M. was the passenger in a car that was pulled over for speeding. After questioning both the driver and W.M., the officer decided to call for a canine unit. The canine unit detected a bag of marijuana and smoking device in the center console. W.M. admitted to the officer that the marijuana and smoking device belonged to him.
Ramón argued that the officer unnecessarily extended the traffic stop and that the marijuana and W.M.’s statement that the marijuana belonged to him was “fruit of the poisonous tree”. The Court agreed and granted Ramón’s request to suppress the evidence. The case was then dismissed by the prosecutor.
