You will find below a few examples of some of the successful outcomes we have achieved on behalf of our clients. The ultimate objective in the representation of any Defendant is the best possible result for the client. Please note that every individual client in his or her situation is quite different. This office always applies its full effort and resources to achieving the best result possible for each and every client. Brian Gabriel at Gabriel & Gabriel strives to assist our clients in all possible ways. The ultimate decision to hire a law firm should be based upon more than these results; you should find trust and confidence in your legal team. Again, should you have any questions regarding our representation, please do not hesitate to contact our office.

11-04-21: Case No. 2021CT014212AXXNB

  • Judge: Debra Stephens
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement was conducting traffic enforcement in Palm Beach Gardens, Florida. The defendant was alleged to be speeding. Traffic stop occurred. The defendant exhibited numerous signs of possible impairment. The defendant was asked to submit to sobriety exercises which the defendant did. Eventually the defendant was arrested and transported to the Palm Beach County Jail where the defendant blew underneath the legal limit. Having given breath samples of .038 and .035 the defendant was able to maintain and keep a driver license.

The Defense: Mr. Gabriel was able to obtain all records, videos and police reports. After thorough review numerous issues existed regarding the case.

The Win: Mr. Gabriel was able to meet with the State Attorney considering the breath sample was under one half the legal limit along with other legal issues that were brought up, the State Attorney’s office made the decision to drop all charges and enter a no file to the charge of DUI.

11-01-21: Case No. 2020CF006849-MB/2020CF006970AXXXMB

  • Judge: Jeffrey Gillen
  • Palm Beach County, County Court, Criminal Division
  • Charges: Poss. Xanax/Reckless Driving/DUI/Tampering/Poss. Paraphernalia/Assault LEO

The Facts: The defendant in this case had multiple DUI’s that incurred within a very short 10-day period. Even after the multiple DUI’s, had occurred the defendant still had relapse issues going into treatment. Eventually the defendant was held in the Palm Beach County Jail and was not allowed to get bond. Ultimately it was decided to utilize this time to the defendants benefit.

The Defense: Mr. Gabriel was able to persuade the State to shorten the jail plea which was being offered. Additionally, the State was rewarding the defendant and giving credit for all time spent in residential treatment while being incarcerated at the jail. The defendant completed two treatment programs. Ultimately, the defendant was able to resolve both cases.

The Win: Eventually, Mr. Gabriel was able to persuade the State Attorney to reduce certain charges so that the defendant’s driver license would not be gone forever. With one DUI being dropped the suspension of the defendant’s license was significantly shortened. Additionally, the other remaining charges the defendant was adjudicated and basically given time served since the defendant had done two residential treatment programs while incarcerated.

07-28-21: Case No. 2020TR105062AXXXMB

  • Hearing Officer Robert Gershman
  • Palm Beach County, County Court, Criminal Division
  • Charge: Ticket/Dismissed

The Facts: Law enforcement ticketed the defendant for obstructing the flow of traffic. It was alleged that the defendant entered an intersection and took to long to make a left-hand turn. Because of the delay in the left-hand turn Law enforcement alleged that the defendant obstructed traffic. It is also important to note that the defendant is elderly. Law enforcement following the issuance of a traffic ticket also notified the department’s medical advisory board to alert them that of a possible problem. The defendant complied with the medical advisory board’s request for medical information and was again cleared to be medically able to drive.

The Defense: Mr. Gabriel was able to properly demonstrate to the court that the ticket, since it had gone through the administrative route of the medical advisory board, was not able to be prosecuted.

The Win: Eventually, Mr. Gabriel was able to persuade the court that Florida law does not allow both the prosecution of a traffic ticket and the administrative procedures of medical testing being done on an individual, for one situation. Because of that the defendant’s ticket were completely dismissed.

02-04-21: Case No: 2021CF000027AXXCMB

  • Judge: Aliah Weiss
  • Palm Beach County, County Court, Criminal Division
  • Charge: Possession of Paraphernalia

The Facts: Law enforcement allege that the defendant who was being arrested on other charges was being searched at the Palm Beach County Jail and was discovered to have cocaine on person.

The Defense: Mr. Gabriel was able to demonstrate the situation that led to this arrest and why the drugs were present.

The Win: Mr. Gabriel was able to speak with the State Attorney’s Office and eventually had them reduce the charge to a simple misdemeanor possession of paraphernalia and to dismiss the felony possession of cocaine charge.

11-13-20: Case No. 2020MM003916AMB

  • Judge: Debra Stephens
  • Palm Beach County, County Court, Criminal Division
  • Charge: Battery/Domestic

The Facts: Law enforcement alleged that the defendant and the defendant’s mother had gotten into a physical altercation at the defendant’s home. Law enforcement was called, and the defendant’s mother exaggerated all events. Eventually law enforcement placed the defendant under arrest and took the defendan to the Palm Beach County Jail.

The Defense: Mr. Gabriel was able to meet with the State Attorney and discuss the continuing problemed relationship between the defendant and the mother. The mother’s actions were demonstrated to the State to be ones that were not stable. After several meetings with the State Attorney, they were persuaded to dismiss all charges.

The Win: Mr. Gabriel was able to have the State dismiss all charges.

10-14-20: Case No. 2020CT007526AXXXNB

  • Judge: Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI/Reckless/Speeding

The Facts: Law enforcement allege that they pace clocked the defendant’s vehicle to determine that it was speeding. Traffic stop was effectuated, and law enforcement alleged the defendant had red glassy eyes, slurred speech. The defendant was requested to perform sobriety exercises and did. According to law enforcement the defendant did not pass them satisfactorily. The defendant was eventually arrested and transported to the Palm Beach County Jail where the defendant refused to submit to a breath test.

The Defense: Mr. Gabriel was able to obtain all documentation, videos and jail videos to review. After thorough review, legal issues arose regarding the legality of the traffic stop and law enforcements investigation in the case.

The Win: Mr. Gabriel was able to meet with the State Attorney’s office and have discussions regarding the legal issues that were shown to them. After thorough review the State Attorney’s office made the decision to dismiss the DUI charge and allow the defendant to enter a plea to a reduce charge of reckless driving.

10-01-20: Case No. 2020CF004451AXXXMB

  • Judge: Scott Suskauer
  • Palm Beach County, County Court, Criminal Division
  • Charge: Corrupt by Threat/Reckless Driving/DUS

The Facts: Law enforcement received a call of a disturbance at E.R. Bradley’s Saloon in West Palm Beach, Florida. They arrived and observed the defendant drive the wrong way exiting the area. Eventually law enforcement made a traffic stop and determined the defendant had an appearance of being extremely intoxicated. Sobriety exercises were performed, and the defendant failed. Eventually law enforcement made the decision to place the defendant under arrest. He was taken and transported to the Palm Beach County jail for breath testing. There as he was trying to get out of the vehicle it was alleged by law enforcement that the defendant fell to the ground. Law enforcement then brought the defendant to the hospital to have medical clearance take place. During this time period however, the defendant was verbally threatening law enforcement in repetitive ways.

The Defense: Brian P. Gabriel, Esquire was able to gather all evidence in the case and thoroughly review the same. The body worn camera videos shed light on the sequence of events. Eventually, Mr. Gabriel was able to meet with the State Attorney to discuss resolution.

The Win: Mr. Gabriel after meeting with the State Attorney was able to persuade the State Attorney to allow the defendant to enter a plea to a reduced traffic crime of reckless driving. The driving under suspended license, the DUI and the corruption by threat, a felony were all dismissed.

09-30-20: Case No. 2020CT006430AXXNB

  • Judge: Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Jupiter Police Department the defendant’s vehicle leaving a parking area and entering the main highway and the vehicle was stopped and the defendant was arrested DUI.

The Defense: Eventually Mr. Gabriel met with the State Attorney and was able to discuss a reasonable resolution even with the high levels of impairment exhibited by the defendant.

The Win: Mr. Gabriel was able to negotiate with the State Attorney’s office a significantly beneficial DUI plea considering the facts and evidence in the case.

09-30-20: Case No. 2020MM005098AXXNB

  • Judge: Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: Battery

The Facts: The police department responded to All Sports Bar & Grill in Jupiter, Florida. It was referenced that there was an altercation involving numerous males and females. The defendant was present with his girlfriend who were videoing the aftermath of the situation. Physical injuries were depicted upon the defendant and others involved.

The Defense: Brian P. Gabriel, Esquire, was able to obtain all reports and speak to witnesses. After a thorough review of the surveillance videos and speaking with the witnesses it was apparent again that the defendant was not the perpetrator of the crime.

The Win: Mr. Gabriel was able to meet with the State Attorney and ultimately have the charge dismissed. And ultimately had the State file a nolle prose/dismissal of the charges.

09-08-20: Case No. 2020CF005477AXXMB

  • Judge: Cheryl Caracuzzo
  • Palm Beach County, County Court, Criminal Division
  • Charge: Domestic Battery by Strangulation/Resist Officer

The Facts: Law enforcement were called to a scene of a domestic situation. Upon arrival they met with the victim who advised that the defendant had beat and chocked her during an argument they were having. Law enforcement made contact with the defendant, who stated that he was in fact in an altercation with the victim. However, the defendant persisted with law enforcement that he was only trying to protect himself and did nothing wrong.

The Defense: Brian P. Gabriel, Esquire was able to obtain all police records and speak to the witnesses involved in this case. After a thorough review it was apparent that the felony battery by strangulation charge was not going to hold.

The Win: Mr. Gabriel was able to meet with the State Attorney and have them decide to drop the felony battery by strangulation charge. Ultimately the misdemeanor resisting officer charge was also dismissed by the court.

07-15-20: Case No. 2020CT002112AXXSB

  • Judge: Mark Eissey
  • Palm Beach County, County Court, Criminal Division
  • Charge: Leaving the scene w/o giving info/Careless Driving

The Facts: Law enforcement were called to the scene of a traffic crash and eventually through their investigation determined the defendant had left the scene of accident being involved and not stopping to get proper information. The defendant was ultimately cited for the criminal charge of leaving the scene of an accident without giving information and for careless driving.

The Defense: Mr. Gabriel was able to demonstrate that the accident was not as severe as initially believed. Additionally, the reason why the defendant left was explained.

The Win: Mr. Gabriel was able to meet with the State Attorney’s office and eventually after producing certain documentation had the State agree to dismiss the criminal charge of leaving the scene accident and the careless driving citation was ultimately dismissed.

06-26-20: Case No. 2019CT019920AXXMB

  • Judge: August Bonavita
  • Palm Beach County, County Court, Criminal Division
  • Charge: DWLS, Careless Driving, Proof of Insurance

The Facts: The defendant was stopped for driving with a suspended license. Eventually, law enforcement check for proof of insurance and ended up issuing citations for the same.

The Defense: Brian P. Gabriel, Esquire, was able to obtain a copy of the defendant’s permanent driving record and after thorough review was able to determine the steps necessary to have the defendant’s license reinstated.

The Win: Following the reinstatement ofthe defendant’s driver license, Mr. Gabriel was able to persuade the State Attorney’s office to dismiss the most serious charge, driving under a suspended license and was able to resolve the others favorably with the defendant.

06-25-20: Case No. 2020CT001086

  • Judge: Ted Boras
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement were called to assist security at the scene of a traffic speeding stop. As officers approached the defendant, they questioned why the defendant was traveling at such a high rate of speed. Law enforcement also alleged that during this time they observed different signs of possible impairment. Additionally, at this time the defendant advised law enforcement that they had a concealed weapon and that they held a proper Florida concealed weapons permit. After the weapon was secured, Law enforcement continued with an investigation for a DUI. Sobriety exercises were requested. Additionally, eventually after being arrested the defendant was asked to submit to a breath or blood sample and refused the same.

The Defense: Brian P. Gabriel, Esquire, was able to obtain all videos and police reports regarding this case. After a thorough review certain legal issues arose regarding the lawfulness of the initial investigation into the defendant. Considering the lack of evidence that law enforcement gathered, legal issues regarding sobriety exercises, and the refusal to submit to chemical testing the case was quite weak.

The Win: Mr. Gabriel was able to eventually speak with the State Attorney handling the case and after review of the legal issues persuaded the State Attorney to dismiss the case outright and a no file was filed in the case dropping all charges.

06-04-20: Case No. 2019CT017641AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement allege that they were on routine patrol on Alternate A1A in Jupiter, Florida. They alleged that the observed the Defendant’s Mercedes traveling at a high rate of speed. They estimated the vehicle to be travelling approximately 80 plus miles an hour in a 45 miles an hour zone. Law enforcement pursued the Defendant and eventually made a traffic stop. At the stop the Defendant was polite with officers but they suspected that the Defendant may be driving under the influence. A criminal investigation in the DUI occurred where the Defendant performed certain sobriety exercises but was eventually arrested for DUI. He was taken to the jail where he submitted to a breath test registering .127 and a .128.

The Defense: Mr. Gabriel was able to obtain all records and videos from this case. After thorough review of the records and videos it was determined that legal issues regarding the traffic stop, law enforcements investigation and the breath test arose.

The Win: Mr. Gabriel was able to meet with the State Attorney handling the case and after discussing all legal issues the State Attorney’s office decided to dismiss the DUI charge and allow the defendant to enter a plea to a reduce charge of reckless driving.

06-04-20: Case No. 2019CT019477AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: The Defendant’s vehicle was observed on North Lake Boulevard in Palm Beach Gardens, Florida. Law enforcement alleged that the Defendant’s vehicle passed their vehicle and almost collided with the police cruiser. The Defendant continued speeding and failed to maintain a single lane. Law enforcement eventually made a traffic stop of the Defendant’s vehicle where a DUI investigation began soon thereafter. The Defendant did not perform field sobriety exercises to the satisfaction of law enforcement was placed under arrest. He was transported to the Palm Beach County jail where he refused to submit to a breath test.

The Defense: Brian P. Gabriel, Esquire after obtaining all records and videos from this case determined that there were certain legal issues regarding the traffic stop, law enforcements investigation and the Defendant’s refusal to submit to a breath test.

The Win: Mr. Gabriel was able to meet with the State Attorney to discuss the legal issues which had arisen in this case. Following a review of those issues with the State Attorney, the State Attorney made a decision to dismiss the DUI charge and allow the Defendant to enter a plea of reduced charge of reckless driving, for which he was not convicted of.

06-04-20: Case No. 2019CT022705AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement allege that the observed the Defendant’s vehicle traveling on Indiantown Road in Jupiter, Florida. Officers allege that the vehicle almost struck a light pole and swerved back into the road. Once traveling down the road further the vehicle drove off the side of the road almost causing a collision. Law enforcement made a traffic stop of the vehicle and suspected that the driver may be driving under the influence. A DUI investigation began, and the Defendant did not perform her sobriety exercises to satisfaction of law enforcement. The Defendant was initially hesitant to perform the sobriety exercises but was basically told by law enforcement that she had to. The Defendant was eventually arrested for DUI and transported to the Palm Beach County jail. In jail the defendant was calm and cooperative and decided to refused to submit to any breath tests.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records from law enforcement along with their body worn cameras. After a thorough review the reports and the videos it was determined that certain legal issues arose regarding the initial traffic stop of the Defendant, her refusal to perform sobriety exercises and the breath test.

The Win: Following discussions with the State Attorney assigned to this case the State made the decision to dismiss the DUI charge and allow the Defendant to enter a plea to the reduce charge of reckless driving.

6-04-20: Case No. 2019CT018575AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI, Property Damage

The Facts: Law enforcement were called to the parking lot of a restaurant. There certain individuals informed law enforcement that the Defendant had been involved in a traffic crash in the parking lot of the restaurant. Witness stated that Defendant had been backing out of a parking spot and collided with several cars when he was backing out. Police began an accident investigation and that eventually turned into a criminal investigation for DUI. The Defendant was requested to submit to certain sobriety exercises and did not perform them satisfactorily. The Defendant was arrested and transported to the Palm Beach County jail for a breath test where he did submit and registered results of a .190 and a .203.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records from law enforcement and any in car and body worn cameras. After review of all the documentation certain legal issues arose concerning the initial investigation of the accident, the criminal investigation, and the breath test submitted to by the Defendant.

The Win: Mr. Gabriel was able to meet with the State Attorney’s office and demonstrated that these legal issues would cause the State to question whether it could win at trial. The damage to the vehicles was extremely minor and the defendant’s insurance took care of the same.
The State made the decision to dismiss the DUI charge and allow the Defendant to enter a reduce plea of reckless diving.

03-4-20: Case No. 2020CT000259AXXNB

  • Judge: Bradley Harper
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement were called to the scene of a Homeowner Association security gate. There they discovered that the defendant was in his vehicle at the security gate demanding access to the community. Once officers arrived, they smelled odors of alcohol coming from the defendant and believed that he appeared to be under the influence of alcohol. Eventually Law enforcement had the defendant exit his vehicle and perform sobriety exercises which the defendant did not perform satisfactorily. Additionally, all sobriety exercises were not completed, and the defendant refused a portion of the same. Eventually, he was arrested and transported to the Palm Beach County Jail for breath testing. At the breath testing center, he ended up blowing under the legal limit a .063-.067.

The Defense: Brian P. Gabriel, Esquire was able to obtain all police reports and videos utilizing this case. After reviewing all the body worn camera videos along with the reports, he was able to determine that legal issues arose regarding law enforcements decision to arrest the defendant. Additionally, legal issues arose
regarding the propriety of having the defendant perform certain sobriety exercises and an illegal detention.

The Win: Mr. Gabriel was able to meet with the State Attorney and demonstrated all these legal issues. Considering the case as it existed, the State Attorney’s office made the decision to dismiss the case outright and enter a no file.

3-02-20: Case No. 2019CT020857AXX

  • Judge Paul Damico
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement allege that they had a BOLO for a Mercedes vehicle driving in an erratic manner almost causing accidents. Eventually highway patrol officers spotted the Defendant’s vehicle and made a traffic stop. Upon the stop, law enforcement approached the Defendant’s vehicle and determined that there was possible evidence of a DUI. They began their investigation and had the Defendant perform certain sobriety exercises. The Defendant spoke Spanish and some English and a language issue definetly arose with law enforcement. Law enforcement eventually had the Defendant perform sobriety exercise which she did not perform satisfactorily and she was taken to the Palm Beach County jail where she was offered a breath test. The Defendant again not understanding all issues questioned law enforcement and eventually refused to submit to the breath test.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records involved in this case. After thoroughly reviewing the records and the videos it was determined that the Defendant’s language barrier created several legal issues for law enforcement. The law requires that defendant understand certain rights being advised during the investigation and it was clear the Defendant did not.

The Win: Brian Gabriel was able to meet with the State Attorney and have a through review of this case. Following that review certain legal issues were discussed in detail. Eventually, the State made the decision to dismiss the DUI charge and the Defendant entered a plea to a reduced charge of reckless driving but was not convicted of that charge.

02-7-20: Case No. 2020MM000619AMB

  • Judge: Laura Johnson
  • Palm Beach County, County Court, Criminal Division
  • Charge: Battery (Domestic)

The Facts: Law enforcement were called to a domestic situation where a male and a female appeared in the parking lot to be arguing. Once the officers arrived both individuals approached the officer and began giving their sides of the story. The parties advised the argument was over finances and said there was video footage of the defendant attacking him.

The Defense: Brian P. Gabriel, Esquire, was able to obtain all police reports and videos referenced in this case. After a thorough review of all of those documents it became apparent that the charge of domestic battery was questionable.

The Win: Mr. Gabriel was able to meet with the State Attorney’s office and review all the legal issues which had arisen in this case. Considering the facts along with the victim’s lack of cooperation in this case, the State Attorney’s office made the ultimate decision to dismiss the charge outright and a no file was filed.

01-27-20: Case No. 2020CF000106AMB

  • Judge: Luis Delgado
  • Palm Beach County, County Court, Criminal Division
  • Charge: Aggravated Battery

The Facts: Law enforcement were called to the scene of the of a domestic situation in the parking lot of a commercial building. Initially they did not observe any of the individuals involved to have any injuries. Then one of the victims alleged the defendant during the course of the altercation bit a portion of the victims ear off. Law enforcement investigated this allegation, located a piece of the ear lobe in a pool of blood matching the victim’s injuries.

The Defense: Brian P. Gabriel, Esquire was able to obtain all police reports and records involved in this case and was able to demonstrate to State Attorney’s office that this was a mutual combatant situation.

The Win: Mr. Gabriel was able to meet with the State Attorney’s office and review legal issues which arose in this case. After discussion with the State Attorney’s office, the State decide to dismiss the charge completely and enter a no file for the charge of aggravated battery.

01-18-20: Case No. 2019CF010904AXX

  • Judge Laura Johnson
  • Palm Beach County, Circuit Court, Criminal Division
  • Charge: Possession of Xanax and DUI

The Facts: Law enforcement allege that they were west bound on PGA Boulevard in Palm Beach Gardens, Florida. They observed the Defendant traveling in the center lane, past by the marked police car and abruptly make an additional lane change in front of another vehicle almost causing a collision. Law enforcement made a stop of the Defendant’s vehicle and upon approaching the vehicle determined that the Defendant was possibly under the influence of alcohol. Law enforcement began an investigation regarding the possible impairment and had the Defendant submit to sobriety exercises which they state which were not satisfactorily completed. Eventually the Defendant was arrested and taken to the Palm Beach County jail and submitted to a breath of .172 and .173. Additionally, law enforcement discovered a controlled substance, Xanax, in the Defendant’s possession.

The Defense: Brain P. Gabriel, Esquire was able to obtain all records from law enforcement along with the in car and body worn cameras. After through reviewing those records it was determined that several legal issues arose regarding the prosecution of this case. The initial traffic stop was one issue along with the Defendant’s performance of the sobriety exercises and the breath test administered. Furthermore, in regard to the drug possession the Defendant was able to produce documentation of its lawful possession.

The Win: Following discussions with the State regarding the legal issues, the State Attorneys office made the decision to dismiss the felony drug possession charge and to dismiss the DUI charge. The Defendant entered a negotiated plea to a lesser charge of reckless driving and was placed on probation for a short period of time.

01-15-20: Case No: 2019MM006282AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: Boating Under the Influence

The Facts: The Defendant was observed on his jet ski with two females. He was leaving Peanut Island and heading across the waterway to a nearby marina. Law enforcement alleged that he was driving the jet ski too fast and made a vessel stop of the Defendant’s jet ski. At that time law enforcement began questioning the Defendant whether he consumed any alcohol. The Defendant admitted to having drank several beers, an investigation of boating under the influence ensued. The Defendant did not perform the seated marine sobriety exercises satisfactorily and was arrested and taken to the Palm Beach county jail. The Defendant was informed that he would have to submit to a breath test or suffer a $500 penalty. The Defendant refused to submit to a breath test.

The Defense: Brian P. Gabriel, Esquire was able to obtain all videos from law enforcement’s boat of the incident and all the police reports describing the incident. After a through review it became clear that all the evidence did not support the charge. Legal issues arose regarding the vessel stop, the seated sobriety exercises, along with the Defendant’s refusal to submit to a breath test.

The Win: Brian P. Gabriel was able to demonstrate to the State Attorney that the evidence was not sufficient to support the charge. The State made the decision to dismiss the boating under the influence charge and the Defendant entered a plea to willful and wanton reckless boating but was not adjudicated guilty. Additionally, the Defendant did not have to pay the $500 penalty for refusal to submit to a breath test.

12-11-19: Case No. 2019CT016466AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement was traveling on I-95 in Jupiter, Florida. They observed the Defendant’s vehicle with an out of state license plate swerving within and outside of its lane. The vehicle was also clocked by radar doing 90 miles an hour in a 70 miles an hour zone of I-95. Eventually law enforcement stopped the vehicle. Upon contact with the Defendant they believed he was operating under the influence of alcohol. The Defendant was asked to perform certain sobriety exercises and did but not to the satisfaction of law enforcement. The Defendant was arrested and charged with DUI. The Defendant was taken to the Palm Beach County jail for a breath test where he submitted to a breath test registering a .135 and a .132.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records from law enforcement along with their in car videos and body worn cameras. After review of all the reports and videos certain legal issues arose regarding the traffic stop of the defendant and law enforcements investigation.

The Win: Brian P. Gabriel, Esquire was able to discuss the legal issues that had arisen in the Defendant’s case with the State Attorney. After discussing the numerous legal issues, the State Attorney made the decision to dismiss the DUI charge and Defendant enter a plea to a reduced charge of reckless driving. The Defendant was not convicted of that charge.

12-11-19: Case No. 2019CT016427AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement alleged they observed the Defendant traveling on Alternate A1A in Palm Beach Gardens, Florida. They alleged the Defendant was traveling approximately 60 miles an hour in a 45 mile an hour zone using the officer’s laser to measure the Defendants speed. A traffic stop ensued, and law enforcement suspected the Defendant being under the influence of alcohol. The Defendant was required to submit to sobriety exercises which he did not perform satisfactorily. Eventually, he was arrested and transported to the Palm Beach County jail for breath testing, There the Defendant submitted to a breath test registering a .103 and .114.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records and videos from this case. After review of those documents and the videos several legal issues arose regarding the legality of the traffic stop for speeding. Additionally, legal issues arose regarding law enforcements investigation at the scene and the breath tests which registered just above the legal limit.

The Win: Following discussions with the State Attorney’s office regarding the legality of the traffic stop, law enforcements investigation, and the breath results, the State made a decision to dismiss the DUI charge and allow the Defendant to enter a plea to reckless driving.

12-10-19: Case No. 2019CT001930

  • Judge Roberts
  • Martin County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement observed the Defendant’s vehicle stopped on US 1 in Martin County Florida. As law enforcement approached the Defendant’s vehicle and had interactions with the Defendant, they believed that he was under the influence of alcohol. A DUI investigation ensued. Eventually the Defendant was arrested for DUI, he was transported to the Martin County jail where he refused a breath test that was offered.

The Defense: Brian P. Gabriel, Esquire was able to obtain all police reports from this investigation. Furthermore, certain videos were obtained depicting the interactions with law enforcement with the Defendant. After review of those videos along with the reports certain legal issues arose regarding the lawfulness of law enforcements traffic stop and their initial investigation into the Defendant.

The Win: Following discussions with the State Attorney office regarding the legal issues the State ultimately decided to dismiss the DUI charge and allowed the Defendant to enter a reduced charge of reckless driving.

12-10-19: Case No. 2019CF011047AXX

  • Judge Ted Boris
  • Palm Beach County, Circuit Court, Criminal Division
  • Charge: Out of State Criminal Warrant

The Facts: The Defendant was arrested on an out of State fugitive warrant. The question was whether the Defendant would be extradited to Connecticut to deal with her pending warrant.

The Defense: Brian P. Gabriel, Esquire was able to meet with the State Attorney’s office and law enforcement regarding the out of State warrant and determine that the Connecticut warrant had a bond which could be posted.

The Win: Following discussions with law enforcement and the State Attorney office the court ended up setting a bond so that the Defendant was released and could travel to Connecticut on her own to deal with these charges. The Defendant did that and following the proper documentation of that charge being resolved Mr. Gabriel had the out of state warrant case dismissed.

11-19-19: Case No. 2019CT015152AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement observed the Defendant’s vehicle speeding east bound on University Boulevard in Jupiter, Florida. The vehicle was estimated to be traveling speeds of 80 miles an hour. Law enforcement caught up with the Defendant and initiated a traffic stop. As the traffic stop ensued law enforcement suspected the Defendant to be under the influence of alcohol. A DUI investigation was launched, and the Defendant performed field sobriety exercises. The Defendant was eventually arrested where he was transported to the Palm Beach County jail. There the Defendant did submit to a breath test and registered results of a .206 and a .204.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records from law enforcement along with the video camera from the officer’s cars and their body. After review of all the evidence and videos certain legal issues arose regarding the breath test administered and the lawfulness of the traffic stop.

The Win: With the legal issues that had arisen in the case being discussed with the State Attorney, the State eventually decided to dismiss the DUI charge and allow the Defendant to enter a plea to a reduced charge of reckless driving.

11-13-19: Case No. 2019CT014729AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: The Defendant was observed on Indiantown Road in Jupiter, Florida. He alleged failed to stop or slow for a stop sigh entering Indiantown Road. Law enforcement made a traffic stop of the Defendant’s vehicle and notice signs of alcohol impairment. A DUI investigation then ensued. The Defendant performed sobriety exercises but did not perform them satisfactorily. He was arrested for DUI and eventually transported to the Palm Beach County jail where he submitted to a breath test and was barely over the legal limit, registering a .082 and .077.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records and videos from this case an after the review of them determined that the evidence was questionable whether or not the Defendant was impaired. Considering the breath samples being just above or just below the legal limit became the major issue in the case.

The Win: Following discussions with the State Attorney’s office regarding the facts of the case the State decided to dismiss the DUI charge and allowed the Defendant to enter a plea to a reduced charge of reckless driving.

11-13-19: Case No. 2019CT014282AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement observed the Defendant driving erratically and in a parking plaza in Jupiter, Florida. The Defendant was seen speeding in the plaza and failing to properly stop for stop signs. Law enforcement conducted a traffic stop which eventually led to a DUI investigation. The Defendant performed sobriety exercises but was still arrested and charged with DUI. He was transported to the Palm Beach County jail for breath test but refused such test.

The Defense: Law enforcement observed the Defendant driving erratically and in a parking plaza in Jupiter, Florida. The Defendant was seen speeding in the plaza and failing to properly stop for stop signs. Law enforcement conducted a traffic stop which eventually led to a DUI investigation. The Defendant performed sobriety exercises but was still arrested and charged with DUI. He was transported to the Palm Beach County jail for breath test but refused such test.

The Win: Mr. Gabriel was able to meet with the State Attorney’s office to review these legal issues. After discussion with the State Attorney the State decided to dismiss the DUI charge and the Defendant entered a plea to a reduced charge of reckless driving.

11-13-19: Case No. 2019CT014884AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement observed the Defendant traveling on Indiantown Road and speeding approximately 65 miles an hour in a 45 mile an hour zone. The traffic stop occurred, and law enforcement immediately noticed the Defendant appeared to be under the influence of alcohol. A DUI investigation occurred, and the Defendant did not satisfactorily dispel the suspicions of law enforcement. She completed standardized field sobriety exercises but was eventually arrested and transported to the Palm Beach county jail where she was offered a breath test and refused.

The Defense: Brian P. Gabriel, Esquire, was able to obtain all records from law enforcement along with the in car and body worn cameras of all law enforcement officers involved. After a thorough review of all the evidence, Mr. Gabriel discovered several legal issues regarding the lawfulness of the traffic stop, their investigation, and the Defendant’s refusal to submit to a breath test.

The Win: Following meeting with the State Attorney and explaining the legal issues that were discovered the State Attorney’s office made the decision to dismiss the DUI charge and allow the Defendant to enter a plea to the reduced charge of reckless driving.

10-30-19: Case No. 2019MM001320

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: Trespass

The Facts: The Defendant was observed in a commercial building parking lot and the security officers believed this was the same individual who they had told in the past to not park there. Law enforcement were called to the scene and following the lead of the security officer made the decision to arrest the Defendant for trespass after warning.

The Defense: Brian P. Gabriel, Esquire, was able to have conversations with the security officers and the building ownership to explain why the Defendant was parked in the parking lot.

The Win: Following a conference with the State Attorney’s office, the State made the decision to agree with the defense and enter a dismissal of all charges.

10-16-19: Case No. 2019CT012771AXX

  • Judge Ted Boras
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement observed the Defendant speeding on Alternate A1A in Palm Beach Gardens, Florida. Eventually law enforcement made a traffic stop of the Defendant’s vehicle. After the traffic stop law enforcement observed signs that lead them to believe that the Defendant was driving under the influence. Field sobriety exercises were administered, and the Defendant did not perform them satisfactorily. He was eventually arrested for DUI, transported to the Palm Beach County jail where he submitted to a breath test registering a .192,.194.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records from law enforcement regarding this investigation. Furthermore, videos from the officers and their vehicles were obtained and reviewed. Following the review of the documentation certain legal issues arose regarding the lawfulness of the traffic stop and their investigation. Additionally, legal issues arose regarding the proper calibration of the breath testing device utilized in this case.

The Win: Following discussions with the State Attorney’s office regarding the legal issues which had arisen, the State Attorney made the decision to dismiss the DUI charge and allowed the Defendant to enter plea to a reduced charge of reckless driving.

07-31-19: Case No. 2019CT008106AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI, refusal to sign citation

The Facts: The Defendant was observed driving on Indiantown Road in an erratic manner. The vehicle made several turns and appeared to be lost or possibly an impaired driver. Law enforcement made a traffic stop of the vehicle to determine the driver’s condition. Following the traffic stop, a DUI investigation was launched and the Defendant was asked to perform sobriety exercises and did not perform them satisfactorily and was eventually arrested for a DUI. After her arrested she was transported to the Palm Beach County jail where she was offered a breath test and refused such test.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records from the law enforcement agency including in car and body worn cameras. Numerous legal issues arose regarding the lawfulness of the traffic stop, law enforcements investigation at the scene and the eventual refusal to submit to a breath test.

The Win: Following the review of the records with the State Attorney’s office the State made the decision to dismiss the DUI charge and allow the Defendant to enter a reduced charge to reckless driving and have the refusal to sign citation charge dismissed.

07-31-19: Case No. 2019Ct007306AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: The Defendant was observed on Military Trail driving in the middle lane. The Defendant then activated their right turn signal but instead turned left. The vehicle continued to swerve in its lane and eventually stopped improperly in the middle of an intersection. At that time law enforcement made a decision to conduct a traffic stop. The traffic stop was conducted, and the Defendant immediately showed signs of possible alcohol impairment. Law enforcement had the Defendant exit the vehicle and had the Defendant perform standardized field sobriety exercises. Following those exercises the Defendant was arrested for DUI and taken to Palm Beach County jail where she was offered a breath test but refused.

The Defense: Brian P. Gabriel, Esquire was able to obtain the videos from the officer along with all reports from the investigation in this case. After review of these reports numerous legal issues arose.

The Win: Brian P. Gabriel, Esquire was able to discuss with the State Attorney’s office certain legal issues that had risen in this case. Following his discussion with the State of those issues, the State made a decision to dismiss the DUI Charge and allow the Defendant to enter a reduced plea to reckless driving.

07-15-19: Case No. 2018CT016706AXX

  • Judge Harper
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI, No valid Driver Licenses

The Facts: The Defendant was observed by Jupiter law enforcement to allegedly run a red light. He continued to drive west bound on Indiantown Road where law enforcement observed his driving to be erratic. Law enforcement eventually initiated a traffic stop and after having the Defendant exit his vehicle began noticing signs of possible alcohol impairment. Law enforcement conducted an investigation, had Defendant perform sobriety exercises and eventually arrested the Defendant for DUI. This was alleged to be the Defendant’s 8th DUI charge.

The Defense: Brian P. Gabriel, Esquire was able obtain the Defendants drivers licenses records which revealed numerous DUI convictions from the State of Florida and other DUI convictions from the state of Montana and New York. Considering the differences in law, Mr. Gabriel obtained all records regarding prior convictions.

The Win: Following thorough review of the case Mr. Gabriel was able to have the Defendant’s charge dealt with as a misdemeanor offense and not a felony. Following negotiations with the State, the Defendant was eventually placed on a year probation for a misdemeanor DUI offense with the normal mandatory conditions.

07-01-19: Case No. 19003427CF10A

  • Judge Edward Merrigan
  • Broward County, Circuit Court, Criminal Division
  • Charge: 2 Counts of Insurance Fraud

The Facts: The Defendant was alleged by law enforcement to have committed insurance fraud. The Defendant had alleged that he was involved in two car accidents and had suffered damage from both. He attempted to obtain compensation through civil litigation on both of these cases. Once law enforcement was contacted by the insurance adjusters about the possibility of fraud the Defendant immediately ceased his civil lawsuits. The investigation continued and eventually the Defendant was charged with fraud for both the two claims.

The Defense: Brian P. Gabriel, Esquire was able to obtain records from the Florida Dept of Insurance and from the investigating law enforcement agency After review of those records a question arose concerning whether the Defendant’s actions were fraudulent. Brian P. Gabriel, Esquire was able to meet with the State Attorney handling the case and was able to demonstrate the questions of whether or not fraudulent activity had occurred.

The Win: Following the advice given by Mr. Gabriel the Defendant was able to enter a reduce plea to one count of insurance fraud. He was placed on short term probation which he eventually had terminated early, due to the fact that he had completed a payment of restitution to the alleged victim.

06-12-19: Case No. 2019CT001669AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: Driving Under the influence (enhanced)

The Facts: The Defendant was observed by law enforcement driving south bound on Prosperity Farms Road. Law enforcement heard the Defendant’s vehicle appear to hit something and make a turn on to Lighthouse Drive. Law enforcement got behind the Defendant’s vehicle and made a traffic stop. At the traffic stop law enforcement observed the Defendant and he appeared to be under the influence of alcohol. They conducted an investigation and offered the Defendant to perform field sobriety exercises. The Defendant refused. Eventually the Defendant was arrested for DUI and transported to the Palm Beach County jail where he submitted two breath tests registering a .153 and a .154.

The Defense: Brian P. Gabriel, Esquire were able to obtain records from this case including videos from the officers. There appeared to be legal issues regarding law enforcement actions of the traffic stop, the performance or refusal to perform sobriety exercises and regarding the breath test used in this case.

The Win: Following the review of the numerous motion to suppress issues which Mr. Gabriel had seen from his review of the case, the State Attorney’s office eventually made the decision to drop the DUI charge and allow the Defendant to enter a plea to the reduced charge of reckless driving.

05-02-19: Case No. 2004CF001233AXX

  • Judge Laura Johnson
  • Palm Beach County, Circuit Court, Criminal Division
  • Charge: Organized Scheme to Defraud, Forgery, Uttering Check, Grand Theft, Petty Theft.

The Facts: The Defendant was involved in uttering forged checks and other instruments resulting in a loss to the victim of approximately $2000. The Defendant when originally charged was sentenced to a deferred prosecution agreement. The Defendant did not comply with that agreement and eventually had a warrant out for his arrest. That warrant stood for years.

The Defense: Brian P. Gabriel, Esquire. was able to meet with the Assistant State Attorney handling this case. After discussions of the warrant the court had factor the court, Mr. Gabriel had the warrant recalled. Once the warrant was recalled the Defendant was able to speak with the victim regarding having him be compensated for the monies that he was owed for several years.

The Win: Brian P. Gabriel was able to have the State agree to drop all charges but the misdemeanor charge. The Defendant entered a plea of guilty to the petty theft, a misdemeanor charge and had to pay the restitution amount and court costs.

04-11-19: Case No. 2018CT015815AXX

  • Judge Ted Boras
  • Palm Beach County, County Court, Criminal Division
  • Charge: Driving Under the Influence

The Facts: The Defendant was observed speeding toward a red light and at the last second had to jam on his brakes causing the vehicle to smoke and come to a stop. Once the light changed the Defendant was alleged to be driving aggressively and recklessly, following too closely to other vehicles and passing in an erratic manner. Law enforcement eventually stopped the Defendant and through their investigation eventually gave the Defendant a DUI. The Defendant submitted to a breath test but due to his age and health conditions, gave 3 breath samples over the legal limited but that were volume samples.

The Defense: Brian P. Gabriel, Esquire was able to obtain records from the Florida Dept of Law Enforcement regarding the maintenance of this breath testing instrument. After reviewing the documentation, it appears the motion to suppress the breath test was available to the defense.

The Win: Following conversations with the State Attorneys office regarding the problems with the breath test the Defendant was able to have his DUI charge dismissed and enter a plea to a lesser charge of reckless driving.

02-20-19: Case No. 2019CT000813AXX                                                                               

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Expired driver’s license

The Facts: The defendant was a resident of another state traveling in Florida.  A traffic stop occurred, and she received a citation for an expired driver’s license.  The defendant had no a knowledge that her license was expired under Florida law , and in her home state the type of license she had would have been good.

The Defense: Brian P. Gabriel, Esquire was able to obtain records from the Department of Motor Vehicles in her home state.  After reviewing these records it was determined that through several steps the defendant could obtain a new driver’s license in her home state.

The Win: Following the advice given by Mr. Gabriel, the defendant was able to obtain a new license and with that license Mr. Gabriel was able to have all charges dismissed.

02-11-19: Case No. 2017CT013503AXX                                                                            

  • Judge Robert Panse
  • Palm Beach County, County Court, Criminal Division
  • Charge:  VOP on DUI/reckless driving

The Facts: Defendant had his previous DUI charge reduced to reckless driving and was placed on probation for a period of a year.  Part of the conditions of his probation were that the defendant was to have the ignition interlock device installed in his vehicle.  Furthermore the defendant was also required to wear a SCRAM monitoring bracelet so that the device could detect whether or not alcohol was in his system.  The defendant’s probation was violated when the SCRAM bracelet detected alcohol on numerous dates.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records from the SCRAM device and the ignition interlock device.  Mr. Gabriel’s familiarity with these devices was extremely beneficial.  After reviewing the records for both devices, it was determined that there must be a problem with the SCRAM bracelet since it was detecting alcohol, but at the same time the ignition interlock device was not detecting any alcohol.

The Win: Following the review of the records, the state’s attorney’s office was advised of the issues regarding these two different electronic testing devices.  Considering one device was canceling the proof of a positive test by the other, the State Attorney’s Office made a decision to agree to withdraw the warrant for the defendant’s arrest and to dismiss the violation of probation.

01-30-19: Case No. 2018CT017282AXX                                                                              

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement responded to intersection on U.S. Highway 1 in the Town of Jupiter.  Law enforcement were summons to this intersection due to the fact the defendant had been driving northbound in the southbound lanes of U.S. Highway 1.  After the traffic stop was made, law enforcement alleged they suspected the defendant was under the influence of alcohol and requested her to perform certain sobriety tests.  Law enforcement allege that the defendant did not satisfactorily perform the sobriety test.  The defendant was eventually arrested and taken to the Palm Beach County jail for breath testing.  At the jail the defendant refused to submit to breath test on the Intoxilyzer 8000 breath testing instrument used in case.

The Defense: Brian P. Gabriel, Esquire was able to obtain all police reports and videos in the case, and after a thorough review, determined that there were legal issues regarding law enforcement’s actions in regard to sobriety testing and the interrogation of the defendant.

The Win: Following the review of numerous motions to suppress issues which Mr. Gabriel had seen, the State Attorney’s Office eventually discussed these legal issues and made the decision to drop the DUI charge and allow the defendant to enter a plea to a reduced charge of reckless driving.

01-30-19: Case No. 2018CT017455AXX                                                                              

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement allege they observed the defendant failing to maintain a single lane and driving ten miles an hour over the speed limit in the City of Jupiter, Florida.

Once the defendant’s vehicle was stopped, law enforcement described the defendant as being under the influence of alcohol.  To dispel their suspicions, law enforcement had defendant perform field sobriety tests which they state were not done satisfactorily.  The Defendant was eventually arrested and transported to the Palm Beach County jail for breath testing where her breath alcohol level registered a .114 and a .107 on the Intoxilyzer 8000 breath testing instrument used in the case.

The Defense: Brian P. Gabriel was able to obtain all the police reports in this case along with a thorough review of the records of the Intoxilyzer 8000 instrument and its maintenance records.  Through his review of these records issues regarding the traffic stop, sobriety testing and the breath test all arose.

The Win: Following review of the numerous motions to suppress issues which Mr. Gabriel had seen, the State Attorney’s Office eventually decided to dismiss the DUI charge and allow the defendant to enter a plea to reduce charge of reckless driving.

01-30-19: Case No. 2018CT017864AXX                                                                              

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement allege that they observed the defendant speeding in the City of Jupiter.  The defendant’s vehicle was stopped and after law enforcement approached and began interviewing the defendant, they believed that she was under the influence of alcohol.  Law enforcement had the defendant exit the vehicle and she was required to perform sobriety testing on the side of the road.  Following those tests, defendant was arrested and charged with DUI.  Defendant was transported to the Palm Beach County jail breath alcohol testing unit where she was offered a breath test but refused to provide a sample.

The Defense: Brian P. Gabriel, Esquire was able to obtain all the police reports in the case and after thorough review determined that there were legal issues regarding the alleged traffic stop, sobriety testing, and lawfulness of the defendant’s refusal to submit to the breath test.

The Win: Mr. Gabriel was able to discuss these legal issues with the state’s attorney’s office who eventually decided to dismiss the DUI charge and allow the defendant to enter a plea to a reduced charge of reckless driving without being adjudicated guilty of that crime either.

01-30-19: Case No. 2018MM014184AXX                                                                              

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Possession of drug paraphernalia (six counts)

The Facts: Law enforcement made a traffic stop of the defendant and eventually believed that the defendant had been smoking marijuana in his vehicle.  Following a search of his vehicle and the arrest of the defendant, law enforcement did discover six vape pens which they believed to be containing marijuana or marijuana oil.  Law enforcement arrested the defendant but informed him that this evidence would be turned in to the crime lab and that he should expect the upgrading of these charges from misdemeanor to six counts of felony drug possession.

The Defense: Brian P. Gabriel, Esquire all the records from the police and was eventually able to speak with the State Attorney’s Office regarding the upgrading of these charges to a felony level.

The Win: Following discussions with the state’s attorney’s office, Mr. Gabriel was able to get the state to not file felony charges and allow the defendant to enter a simple plea to a misdemeanor possession of drug paraphernalia charge and only pay court cost.  The defendant was not required to be on any form of probation or supervision by the State of Florida.

01-30-19: Case No. 2018CT005345AXX                                                                                

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI (repeat offender)

The Facts: Law enforcement allege that they observed the defendant’s vehicle, with a Massachusetts license plate, traveling in the City of Jupiter.  Law enforcement allege the defendant’s vehicle was not maintaining its lane and was making wide turns.  Law enforcement eventually stopped the defendant’s vehicle and after interviewing the defendant believed he was under the influence of alcohol.  Law enforcement requested the defendant to exit the vehicle where they wanted to perform field sobriety exercise, but the defendant refused.  Following the defendant’s refusal he was immediately arrested and charged with DUI and taken to the Palm Beach County jail for breath testing.  At the jail the defendant refused to submit to a breath test until he had the ability to speak with his attorney.

The Defense: Brian P. Gabriel, Esquire was able to obtain reports referenced in this case.  Through his review of these records, issues regarding the legality of the traffic stop and the defendant’s refusal to perform field sobriety tests all arose.  These issues along with other issues regarding the defendant’s refusal to submit to a breath test could all have been fought through motions to suppress.

The Win: Following review of the numerous motions to suppress issues which Mr. Gabriel had seen, State Attorney’s Office eventually decided to allow the defendant to have the DUI charge dismissed and in return entering a plea to a reduced charge of reckless driving.

01-30-19: Case No. 2018MM013895                                                                               

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Retail theft

The Facts: Law enforcement allege that they were summons to a TJ Maxx store in Jupiter, Florida.  They were summons due to the security officer believing the defendant had stolen approximately $167 of merchandise.  Defendant was arrested and charged with retail theft with return of all the property.

The Defense: Brian P. Gabriel, Esquire was able to obtain all the reports and store videos regarding this case.  After reviewing the records, certain issues arose regarding the legality of the arrest.

The Win: Following Mr. Gabriel’s advice defendant completed a four-hour theft course and eventually the State Attorney’s Office made the decision to dismiss the case.

01-30-19: Case No. 2019MM000728AXX                                                                             

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Possession of drug paraphernalia

The Facts: Law enforcement were called to a parking garage area in the City of Jupiter.  They were called to investigate a suspicious vehicle that had been parked for some time.  Upon approaching the vehicle, it became event to them that the individuals had been smoking marijuana.  After a search of the vehicle marijuana paraphernalia was observed and taken into evidence.

The Defense: Brian P. Gabriel, Esquire had the defendant initially complete an online drug education course.  Following the defendant’s actions, Mr. Gabriel was able to speak with the State Attorney’s Office and discussed the lawfulness of law enforcement’s actions in approaching the car and how they dealt with the defendants initially.

The Win: After discussions with the State Attorney’s Office, State Attorney’s Office decided to dismiss the charge considering the defendant had accepted responsibility and completed the drug education course.

01-30-19: Case No. 2011CT008317AXX                                                                                

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Unregistered motor vehicle attaching tag not assigned

The Facts: Several years ago defendant had received citations in the State of Florida dealing with his tag and registration.  These tickets had gone undealt with for some period of time.

The Defense: Brian P. Gabriel, Esquire was able to review the old records and eventually had the cases put back on active docket.  Mr. Gabriel also made the defendant take the steps necessary to obtain a valid license and show proof that he no longer owned that vehicle.

The Win: Following the steps the defendant had taken and getting this case placed back on an active docket, Mr. Gabriel was able to pursue the State Attorney’s Office to enter a no file to all charges, thereby having all charges dismissed with no additional fees or actions required by the defendant.

01-30-19: Case No. 2018CT015301AXX                                                                                

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement allege that they observed the defendant driving erratically in the City of Jupiter.  The Defendant’s vehicle was straddling the lines on the roadway, braking erratically and making improper turns.  Law enforcement followed the vehicle for some time and additionally alleged that the vehicle was traveling 65 miles an hour in a 45 zone.  Law enforcement eventually stopped the vehicle and as they approached the vehicle believed that the defendant was under the influence of alcohol.  Law enforcement had the defendant exit the vehicle, perform sobriety testing and eventually the defendant was arrested and charged with DUI.  At that time he was transported to the Palm Beach County jail for alcohol breath testing where his breath levels were tested and were approximately three times the legal limit, at a .240 and a .234.

The Defense: Brian P. Gabriel, Esquire was able to obtain all police reports, videos and records regarding the maintenance testing for the Intoxilyzer 8000 breath testing instrument used in this case.  Following his review of all records, issues arose regarding the initial traffic stop, defendant’s sobriety testing, and the breath test that was administered in this case.

The Win: Following review of the numerous motion to suppress issues which Mr. Gabriel had seen the State Attorney’s Office eventually made the decision to drop the DUI charge and allow the defendant to enter a reduced charge of reckless driving.

01-30-19: Case No. 2018CT009567AXX                                                                                 

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement alleged the defendant was involved in a traffic crash right at the jurisdictional border between the City of Jupiter and Palm Beach Gardens.  Law enforcement allege that after the crash, the defendant left the scene of the crash and entered into the jurisdiction of Palm Beach Gardens.  At that point in time law enforcement from Jupiter made a traffic stop of the defendant in the City of Palm Beach Gardens.

Law enforcement attempted to solve their jurisdictional issues by having the City of Jupiter write a police report and charge the defendant with leaving the scene and having the City of Palm Beach Gardens do an investigation and arrest the defendant for the charge of DUI.

The Defense: Brian P. Gabriel, Esquire was able to review all records from all jurisdictions of law enforcement including their in-car videos, police reports and records from their investigation.  To his review of all these records, it became evident that there was a jurisdictional issue regarding the initial traffic stop and the way that these two jurisdictions split the charges for one incident.

The Win: Following the review of these issues, Mr. Gabriel was able to have the conference with the State Attorney’s Office and discuss the jurisdictional issues which had arisen.  The State Attorney’s Office eventually decided to allow the defendant to enter a reduced charge to reckless driving and to dismiss the leaving-the-scene-of-an-accident charge and the DUI charge.

01-29-19: Case No. 2018CF00438AXX                                                                                

  • Judge Daliah Weiss
  • Palm Beach County, Circuit Court, Criminal Division
  • Charge:  Possession of cocaine, possession of marijuana over 20 grams

The Facts: Law enforcement allege that they received a tip that an individual may be in jeopardy at the defendant’s home.  Law enforcement under this ruse decided to go to that home and investigate.  At that time when they were at that front door that they allege that they smelled and observed evidence dealing with marijuana.  Law enforcement had the occupants exit the home and it was at that time after a search, without a warrant, that law enforcement discovered marijuana over 20 grams and cocaine.

The Defense: Brian P. Gabriel, Esquire was able to obtain all police reports from this investigation.  What became evident was that there should be certain video and photographic evidence of the initial encounter and of the search of the residents.  Law enforcement was never able to provide that evidence to the defense.

The Win: Following discussions with the State Attorney’s Office regarding the legal issues of the legality of the search, the State of Florida decided to offer the defendant a resolution that did not include a prison sanction or even probation.  The defendant was adjudicated guilty of both charges and was sentenced to only 60 days in the county jail.

01-28-19: Case No. 2017CF012455                                                                                    

  • Judge Debra Moses Stephens
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Domestic battery

The Facts: Law enforcement were summons to the defendant’s home where it was alleged that she and her girlfriend were in a violent altercation which resulted in severe injuries to the victim.  Law enforcement interviewed the witnesses and eventually made the decision to arrest the defendant for aggravated battery / dating violence and the charge of criminal mischief.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records in the case and after a thorough review, was able to discuss those records with the State Attorney’s Office regarding the propriety of punishment.

The Win: Following the state’s decision to not file felony charges, the defendant resolved her misdemeanor battery and criminal mischief charges by entering a deferred prosecution agreement whereby she completed treatment and counseling and paid a small amount of restitution in return for having the charges dismissed.

01-10-19: Case No. 2018CT016071AXX                                                                                    

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement allege they observed the defendant traveling westbound in the eastbound lanes on Royal Palm Beach Way.  They initiated a traffic stop and after approaching and speaking with the defendant, they believed that she was exhibiting signs of being under the influence of alcohol.  The defendant was questioned and eventually requested to exit the vehicle and perform field sobriety exercises.  Defendant performed the exercises but did not perform them satisfactorily.  The defendant was arrested and eventually transported to the Palm Beach County jail where she submitted to the breath test on an Intoxilyzer 8000 breath testing instrument giving the results of a .182/.202.

The Defense: Brian P. Gabriel, Esquire looked carefully through all the in-car videos, police reports and other incidents reports which he had obtained.  From review of those documents, it was determined that legal issues regarding the traffic stop, sobriety testing, and the defendant’s breath test clearly arose.

The Win: Following meeting with the State Attorney’s Office, defendant was able to enter into a plea to a reduced charge of reckless driving and in return had the DUI charge dismissed.

01-8-19: Case No. 2018CT015277AXX                                                                                     

  • Judge Paul Damico
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement allege they observed the defendant’s vehicle failing to maintain a single lane.  Additionally law enforcement allege the defendant’s stopped her vehicle past the stop bar.  As the defendant left that intersection, law enforcement conducted a traffic stop.  As law enforcement approached the vehicle, they observed and believed that the defendant was under the influence of alcohol and began a DUI investigation.  At that time defendant was requested to exit the vehicle and perform certain sobriety exercises.  Defendant did not perform those exercises satisfactorily and was arrested and charged with DUI.  Eventually the defendant was transported to the Palm Beach County jail for breath testing where she submitted to a breath test with results of a .195, .197, .208.

The Defense: Brian P. Gabriel, Esquire was able to review all records in the case including videos of traffic stop, the DUI investigation at the roadside and the maintenance documents for the Intoxilyzer 8000 breath testing instrument utilized in this case.  From his review it was determined that numerous legal issues arose.

The Win: Mr. Gabriel was able to meet with the State Attorney’s Office to discuss these legal issues.  After a thorough review, the State Attorney’s Office allowed the defendant to enter a reduced plea to the charge of reckless driving and in return had the DUI charge completely dismissed.

12-17-18: Case No. 2018CT013228AXX                                                                                    

  • Judge Paul Damico
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement allege that they observed the defendant’s vehicle driving in the City of Boca Raton.  Law enforcement allege that the vehicle was having a hard time maintaining its lane.  Law enforcement eventually stopped the defendant’s vehicle and after approaching determined that they believed the defendant was under the influence of alcohol.  Law enforcement had the defendant exit the vehicle to be able to perform roadside sobriety exercises.  Defendant did not perform them satisfactorily.  She was arrested, transported to the police station where she submitted to a breath test on Intoxilyzer 8000 breath testing instrument giving the results of a .163 and a .155.

The Defense: Brian P. Gabriel, Esquire was able to investigate all facts surrounding the traffic stop and law enforcement’s DUI investigation.  Additionally, records were obtained regarding the maintenance of the particular Intoxilyzer 8000 breath testing instrument which was utilized in this case.

The Win: Following the discussions with the State Attorney’s Office regarding the numerous legal issues which Mr. Gabriel’s investigation had revealed, the State Attorney’s Office made the decision to allow the defendant to resolve her case to reduce charge of reckless driving following the entrance of that plea, the State Attorney’s Office dismissed the DUI charge completely.

12-14-18: Case No. 2018CT018046AXX                                                                                     

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement allege they stopped defendant’s vehicle for her failure to drive within the single lane and for failing to stop at a stop sign.  Law enforcement officers approached the defendant’s vehicle and believed they observed signs that would point to the defendant being under the influence of alcohol.  Defendant was eventually arrested after she did not satisfactorily complete field sobriety exercises.  At the jail the defendant refused to submit to any breath testing.

The Defense: Brian P. Gabriel, Esquire was able to investigate all the underlying facts revolving around the defendant’s arrest and law enforcement’s investigation of the defendant.  Following that investigation Mr. Gabriel determined that there was not sufficient evidence to allow this case to move forward.

The Win: Following discussions with the State Attorney’s Office during their filing interview regarding the charges to be filed against the defendant, the State Attorney’s Office agreed with Mr. Gabriel that all charges should be dismissed.

12-6-18: Case No. 2018CT018632AXX                                                                                    

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement allege the defendant was involved in a minor vehicle crash at a gas station parking lot.  As numerous law enforcement officers arrive due to crash investigation, that investigation eventually turned to a criminal investigation for DUI.  Law enforcement alleged they believe the defendant was under the influence of alcohol and had the defendant perform sobriety testing which he did not do to law enforcement’s satisfactorily.  He was eventually arrested for DUI, causing an accident and transported to the Palm Beach County jail where he submitted to a breath test.  The results of that breath test were .000 and .000.

The Defense: Mr. Gabriel was able to investigate the facts surrounding the accident, law enforcement’s investigations and all of law enforcement’s actions regarding the DUI investigation.  Considering the defendant had submitted to a breath test which did not reflect any alcohol, law enforcement’s ability to continue prosecution in this case was severely damaged.

The Win: Following discussions with the State Attorney’s Office, the state made the decision to not file any charges at all against the defendant and all charges were completely dismissed.

11-30-18: Case No. 2018CF006456                                                                                     

  • Judge Caroline Shepherd
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Possession of altered driver’s license/DUI

The Facts: Law enforcement allege they observed defendant’s vehicle driving and having a hard time maintaining a single lane.  Law enforcement allege on one occasion the vehicle almost struck the median.  Law enforcement conducted a traffic stop and eventually after speaking with the defendant believed she was under the influence of alcohol.  Law enforcement had the defendant exit her vehicle and had her perform field sobriety exercises which were not done to law enforcement’s satisfaction.  The defendant was eventually placed under arrest, transported to the Palm Beach County jail for breath testing.  The defendant submitted to a breath test and blew a .069, under the legal .08 breath alcohol level in the State of Florida.  Additionally law enforcement had found a fraudulent ID in the defendant’s possession and charged her with a felony count of possession of an altered driver’s license.

The Defense: Brian P. Gabriel, Esquire was able to first have the fraudulent driver’s license charge down filed to a simple misdemeanor charge as it should have been initially.  Once out of felony court, the DUI case was thoroughly reviewed.  Considering the defendant blew under the legal limit.  The State of Florida would have a hard time proving the defendant was impaired.

The Win: Following discussions with the State Attorney’s Office regarding the numerous issues that had arisen from Mr. Gabriel’s investigation of the case, the State Attorney’s Office made the decision to reduce the charge to reckless driving.  The defendant entered that plea to reckless driving and had all of the charges including the DUI charge dismissed.

11-30-18: Case No. 2018CT010886AXX                                                                                   

  • Judge Caroline Shepherd
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement were summoned to the scene of a minor traffic crash.  At the crash they discovered that the defendant’s vehicle had struck the rear of another vehicle in front of him.  Law enforcement conducted their crash investigation and eventually changed hats to a criminal investigation dealing with a DUI.  The defendant was requested to submit to sobriety test on the side of the road which he did.  Following those exercises the defendant was arrested, charged with DUI, and transported to the Palm Beach County jail for breath testing.  There defendant was cooperative but refused to submit to a breath test.

The Defense: Brian P. Gabriel, Esquire was able to investigate the facts surrounding the traffic accident and law enforcement’s DUI investigation.  The defense let it be known to the State Attorney’s Office that numerous motion to suppress issues could be forthcoming regarding the legality of law enforcement’s actions from the accident investigation to their criminal investigation and eventually the legality of law enforcement’s request for a breath test.

The Win: Following discussions with the State Attorney’s Office in light of the numerous legal issues, the State Attorney’s Office made a decision to allow the defendant to resolve this case to the reduced charge of reckless driving.  Following the entrance of that plea, the State Attorney’s Office dismissed the DUI charge completely.

11-29-18: Case No. 2018CF010316AXX                                                                                     

  • Judge Joseph Marx
  • Palm Beach County, Circuit Court, Criminal Division
  • Charge:  Drug possession/possession of paraphernalia

The Facts: Law enforcement were involved in a surveillance operation of a home that they were getting ready to execute a search warrant on.  They observed a vehicle leaving the home and after a stop of that vehicle for allegedly speeding discovered marijuana in the vehicle.  The individual driving the vehicle stated that he purchased the marijuana from the individual at that home.  The execution of the search warrant then quickly happened and the defendant was inside that home.  Defendant explained to law enforcement how he does not live there and how he was just helping a friend out and delivering a package.  The defendant had no knowledge what was in the package.  Defendant cooperated fully with law enforcement during their investigation.

The Defense: Brian P. Gabriel, Esquire was able to speak with the State Attorney’s Office regarding the defendant’s role in this drug operation.  It seemed that the State Attorney’s Office was in agreement that his role was minimal and that he was just caught in the wrong place at the wrong time.

The Win: Mr. Gabriel was able to discuss with the State Attorney’s Office the proper charge to be filed and had the State Attorney’s Office agree that the felony charge should not be filed and instead a simple misdemeanor possession of drug paraphernalia was filed.  The defendant entered a simple plea to that drug paraphernalia possession and was adjudicated guilty and ordered to pay court costs.  No felony charges ever were filed against the defendant.

11-6-18: Case No. 2018MM011824AXX                                                                                    

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Possession of marijuana

The Facts: Law enforcement came upon the defendant’s vehicle parked properly on the side of the road.  As law enforcement approached they could smell the odor of marijuana coming from the vehicle.  Law enforcement eventually did a search of the vehicle which revealed a small amount of marijuana.  Defendant was then arrested.

The Defense: Brian P. Gabriel, Esquire was able to obtain records regarding law enforcement’s initial investigation and arrest of the defendant.  Following review of that documentation, it was determined that a legal issue arose regarding law enforcement’s initial search of the defendant’s vehicle.

The Win: Following discussions with the State Attorney’s Office and the fact that defendant had complied with Mr. Gabriel’s request to complete an online drug education course, State Attorney’s Office agreed the defendant had accepted responsibility and made the decision to dismiss the charge.

10-31-18: Case No. 2017CT021098AXX                                                                                     

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge:  DUI

The Facts: Law enforcement were summons to a car that was stopped in the middle of Lake Drive in Palm Beach Shore, Florida.  When law enforcement arrived, they discovered the defendant passed out behind the wheel in a running vehicle, stopped in the middle of the road.  Law enforcement eventually awoken the defendant and had her exit the vehicle.  At that time law enforcement observed evidence that pointed them to the conclusion that defendant was under the influence of alcohol.  Law enforcement had the defendant perform certain sobriety testing which she did not perform satisfactorily.  Defendant was arrested and eventually transported to the Palm Beach County jail for breath testing.  At the breath testing center defendant submitted to a breath test with the results of a .159 blood alcohol level.

The Defense: Brian P. Gabriel, Esquire was able to gather all evidence regarding the initial encounter of law enforcement, the DUI investigation, and maintenance records regarding the Intoxilyzer 8000 breath test instrument utilized in this case.  After thorough review, numerous issues arose from the initial traffic stop, law enforcement’s roadside investigation and the breath test used in this case.

The Win: Following discussions of the numerous motion of suppress issues Brian P. Gabriel, Esquire and assistant state attorney in charge of the case were able to conclude this matter with the defendant entering a plea to reduce charge of reckless driving.  As a result of that plea, the State Attorney’s Office dismissed the DUI charge completely.

10-30-18: Case No. 2018002363MMAXX                                                                                   

  • Judge Darren Steele
  • Martin County, County Court, Criminal Division
  • Charge:  Possession of marijuana/possession of drug paraphernalia

The Facts: Law enforcement allege that the defendant’s vehicle made an improper turn in front of law enforcement almost causing a collision.  The law enforcement officer made a traffic stop and eventually discovered a small amount of marijuana and drug paraphernalia in the defendant’s vehicle.  Defendant was arrested on those charges.

The Defense: Brian P. Gabriel, Esquire immediately had the defendant enroll into a four‑hour drug education program.  With proof of the defendant taking responsibility, Mr. Gabriel spoke with the assistant state attorney regarding the evidence of the initial search of the vehicle.

The Win: Following discussions with the State Attorney’s Office and with proof that the defendant had accepted responsibility by completing educational program, the state allowed the defendant to enter a plea to the possession of marijuana but not be convicted of that crime.  Additionally, the State Attorney’s Office made a decision to dismiss the other drug paraphernalia charge completely.  Defendant was ordered to pay court cost and cost of prosecution.

10-29-18: Case No. 2018MM008305AXX                                                                                       

  • Judge Ted Booras
  • Palm Beach County, Circuit Court, Criminal Division
  • Charge:  Felony domestic battery by strangulation

The Facts: Law enforcement allege they were summons to defendant’s home where he and his girlfriend had been in an altercation that had turned allegedly violent.  Both individuals exhibited signs of being under the influence and both individuals exhibited signs of having possible mental issues.  Law enforcement immediately diffused the situation, separated the parties and eventually arrested the defendant were felony battery by strangulation.

The Defense: Brian P. Gabriel, Esquire was able to speak to the State Attorney’s Office regarding the filing of this felony charge.  Considering certain issues that surrounded the defendant’s military service and his medical conditions from that along with the alleged victim and her apparent attempts to commit suicide, the State Attorney’s Office made a filing decision to down file this charge to a simple misdemeanor domestic battery.

The Win: Following discussions with the State Attorney’s Office, Mr. Gabriel was able to get this case assigned over to the specialized court dealing with veterans.  In that court the defendant entered a deferred prosecution agreement whereby he had to complete certain counseling and comply with his probation officer’s request for drug testing.  He was compliant thoroughly and the state in return entered a complete dismissal of all charges.

10‑29‑18: Case No. 2018MM005673AXX

  • Judge Mark Eissey
  • Palm Beach County, County Court, Criminal Division
  • Charge:  Possession of marijuana

The Facts: Law enforcement allege that they made a traffic stop of the defendant’s vehicle in the City of Boca Raton.  Upon approaching the vehicle law enforcement suspected the defendant was using marijuana.  Eventually a search of the vehicle was performed where law enforcement found a small amount of marijuana inside the defendant’s vehicle.

The Defense: Brian P. Gabriel, Esquire immediately had his client accept a responsibility and complete a short drug education program.  Following that educational program being completed Mr. Gabriel was able to utilize the defendant’s acceptance of responsibility and discussions with the State Attorney’s Office occured.

The Win: The State Attorney’s Office, realizing that the defendant had accepted responsibility, made the decision to dismiss all charges against the defendant.

10‑22‑18: Case No. 2018MM010177AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: BUI

The Facts: Law enforcement allege that they observed the defendant operating his boat and that he was going too fast and in a wake zone.  The defendant had almost reached the park ramp where he’s going to pull his boat out of the water.  Upon reaching the ramp with law enforcement, law enforcement officers had defendant seated in the boat and attempting to perform certain sobriety tests a board his vessel.  Eventually the defendant was placed under arrest and transported to the Palm Beach County jail where he refused to submit to a breath test on the Intoxilyzer 8000 breath testing instrument.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records regarding law enforcement’s information into this matter.  After a thorough review, numerous legal issues dealing with law enforcement’s investigation at the marina / ramp and law enforcement’s decision to place the defendant under arrest.  The videotape evidence in this case did not support law enforcement’s conclusions.

The Win: Following discussion with the State Attorney’s Office the numerous legal issues and considering that the evidence did not seem to support law enforcement’s conclusion that the defendant was impaired, State Attorney’s Office made the decision to dismiss all charges against the defendant.

10‑5‑18: Case No. 2012CF008667AXX

  • Judge Joseph Marx
  • Palm Beach County, Circuit Court, Criminal Division
  • Charge: Computer pornography and child exploitation

The Facts: The Defendant in 2012 was charged with computer pornography and child exploitation.  In January 2013 he entered a negotiated a plea and was sentenced to a term of imprisonment.  Following the imprisonment, defendant had 15 years of sex offender probation.  An issue arose regarding his probation whereby the State of Florida put him on electronic monitoring.  The electronic monitoring was not part of his initial plea agreement.  The Department of Corrections, probation department, believed that they had the legal authority to do this even if it was not part of the plea.

The Defense: Brian P. Gabriel, Esquire was able to speak to the assistant state attorney handling this case and clearly and effectively laid out his argument regarding how the electronic monitoring of the Defendant was improper and not pursuant to the state statute.

The Win: Following discussions with the State Attorney’s Office regarding legality of probation’s decision to electronically monitor the defendant, the Court entered an order disallowing that practice.  Defendant’s probation conditions dealing with electronic monitoring were removed.

8‑27‑18: Case No. 2018CF003477AXX

  • Judge Laura Johnson
  • Palm Beach County, Circuit Court, Criminal Division
  • Charge: Felony battery

The Facts: Law enforcement allege that the defendant and the victim were involved in a road rage incident that occurred at the Gardens Mall.  Through the surveillance system of the mall, law enforcement was able to gather evidence that the defendant and the victim had a run‑in while pulling into the mall.  Eventually that led to the defendant’s approaching the victim after he had stopped his vehicle and pushing him one time causing him to fall to the ground.  Defendant then turned walked away and left.

The Defense: Brian P. Gabriel, Esquire was able to obtain all video evidence and police reports from law enforcement.  After thoroughly reviewing the evidence, it was clear that the defendant did push the victim but the charges of felony battery were exaggerated.

The Win: Following discussions with the State Attorney’s Office and the victim in the case, State Attorney’s Office made the decision to allow the defendant to enter a plea to a lesser charge of battery and to be placed on short‑term probation with the condition that he complete community service hours and an eight‑hour anger management course.  Additionally, defendant had to pay restitution to the victim.

8‑22‑18: Case No. 2018CT002133AXX                                                                        

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement allege that the defendant’s vehicle failed to properly stop at a stop sign.  Law enforcement conducted a traffic stop and after speaking with the defendant believed he was under the influence of alcohol.  Additional law enforcement officers were summons to the scene and a DUI investigation was completed.  Defendant was ordered out of the vehicle and asked to perform certain sobriety tests.  Defendant did not perform those tests satisfactorily and was arrested.  After the arrest defendant was transported to the Palm Beach County jail for breath testing and refused a breath test.

The Defense: Brian P. Gabriel, Esquire was able to obtain all records regarding the officer’s investigation and determined that legal issues regarding the traffic stop, has roadside investigation, and the lawfulness of the breath test request.

The Win: Following discussions of the numerous motion to suppress issues which Mr. Gabriel had found, the assistant state attorney in charge of the case made the decision to allow the defendant to enter a plea to a reduced charge of reckless driving.  As a result of that plea, the State Attorney’s Office then dismissed the DUI charge completely.

8‑15‑18: Case No. 2018MM008084AXX

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge: Possession of marijuana, possession of paraphernalia, speeding

The Facts: Law enforcement stopped the defendant’s vehicle alleging that he was speeding.  As they approached, law enforcement gathered alleged evidence that pointed to the fact that defendant had been smoking marijuana.  Search of the vehicle revealed marijuana and paraphernalia.

The Defense: Brian P. Gabriel, Esquire was able to review all police reports in the case and determined there were legal issues regarding the initial traffic stop along with the search of the defendant’s vehicle.  Furthermore, Mr. Gabriel had the defendant accept responsibility and complete a short drug education course.

The Win: Following discussions with the state attorney’s of the legal issues and showing that the defendant had accepted responsibility, the State of Florida made a decision to dismiss both the marijuana possession and the paraphernalia possession charges.

8‑1‑18: Case No. 2018CT006183AXX

  • Judge Frank Castor
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement allege that they responded to A1A to investigate a traffic crash that had just occurred.  Upon arriving at the scene, law enforcement did an accident investigation to determine that the defendant was at fault.  Eventually law enforcement’s investigation turned from the accident to a criminal investigation for a potential DUI, having the defendant exit the vehicle and perform certain sobriety exercises.  Defendant did not satisfactorily perform those exercises and was arrested for DUI.  After his arrest, he was transported to the Palm Beach County jail to submit to a breath test on an Intoxilyzer 8000 instrument.  Those test results yielded a .122 and a .126 breath alcohol level.

The Defense: Brian P. Gabriel, Esquire was able to get all records regarding the accident information, road side criminal investigation and maintenance documents for the Intoxilyzer 8000 instrument used in this case.  Following review of those documents numerous legal issues arose which could be set forth in motion to suppress.

The Win: Following discussion of the numerous motion to suppress issues with the State Attorney’s Office, Mr. Gabriel was able to get the state attorney to agree to dismiss the DUI charge completely.  In return for that dismissal, the defendant entered a reduced plea of reckless driving.

7-30‑18: Case No. 2018MM002676AXX                                                                                

  •  Judge Mark Eissey
  • Palm Beach County, County Court, Criminal Division
  •  Charge: Discharging firearm in public

The Facts: Law enforcement allege that the defendant and several of his friends were out in the wilderness and were improperly discharging firearms.  Law enforcement investigated, found the defendants who cooperated with law enforcement’s investigation explaining that they believed their actions were lawful.  Law enforcement seized evidence and arrested the defendant for discharging a firearm in public.

The Defense: Mr. Gabriel was able to meet with the State Attorney’s Office handling this case and was able to discuss the legal issues that were involved in the case and to be able to emphasize the defendant’s cooperation with law enforcement and his lack of any criminal record.

The Win: Following discussions with the State Attorney’s Office regarding the issues in the case, the State Attorney’s Office made a decision to allow the defendant to complete certain educational courses in return for a dismissal of the case.

06-20-18: Case No. 18CT006999AXX

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI/Accident

The Facts: Defendant was driving home in West Palm Beach, FL when she was involved in a traffic accident causing a fatality. Traffic homicide investigators were called to the scene along with additional law enforcement officers who conducted a thorough accident investigation and eventually turned their attention to the Defendant. Allegedly, the Defendant showed signs of being under the influence of alcohol, so law enforcement requested that the Defendant get transported to the hospital. They had the Defendant enter into the back of an ambulance where, in the ambulance, law enforcement requested and eventually had the Defendant agree to a blood test. Following law enforcement’s obtaining of the blood sample of the Defendant, they had the Defendant exit the ambulance and within a few moments one of the police officers ended up driving the Defendant home. Her blood test came back with an illegal blood alcohol level.

The Defense: Brian P. Gabriel, Esquire was able to investigate all facts surrounding the accident and eventually learned that witnesses clearly saw that the Defendant was not the cause of the accident but the other driver, who passed away, was the one at fault. Brian Gabriel contacted the State Attorney’s Office regarding their investigation into this case and had the State Attorney’s Office agree that a Traffic Fatality charge would not be appropriate. Additionally, Mr. Gabriel spoke with the State Attorney pointing out the fact that the blood sample was not properly and constitutionally obtained from the Defendant considering the underlying facts.

The Win: Following discussions with the State Attorney of numerous Motion to Suppress issues, Brian P. Gabriel, Esquire, was able to have the State Attorney’s Office agree to drop all felony Traffic Fatality charges, all DUI charges, and allow the Defendant to enter a reduced plea to Reckless Driving. Defendant was placed on short-term probation and was not convicted of any traffic crimes at all.

06-20-18: Case No. 2018CT004913AXX

  • Judge Sandra Bosso-Pardo
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: Law enforcement allege that they observed the Defendant traveling at a high rate of speed in Jupiter, FL. Law enforcement, with use of their radar, caught the Defendant allegedly speeding 68-mph in a 50-mph zone. Law enforcement eventually effectuated a traffic stop wherein when they approached the Defendant they observed signs of alcohol impairment. Eventually, law enforcement had the Defendant exit the vehicle and requested that he perform certain field sobriety exercises at the side of the road. The Defendant did those exercises but according to police did not perform the same satisfactorily. The Defendant was arrested and transported to the Palm Beach County Jail wherein a breath test was requested and the Defendant refused.

The Defense: Brian P. Gabriel, Esquire was able to review all police reports and videos in this case. It was determined that there may be certain issues regarding the legality of the traffic stop, roadside investigations, and law enforcement’s request for a breath sample.

The Win: Following discussions with the State Attorney’s Office regarding numerous Motion to Suppress issues including the traffic stop, field sobriety test, and proper interrogation, and the request for a breath sample, Brian P. Gabriel, Esquire, was able to have the State Attorney’s Office agree to dismiss the DUI charge. In return for the plea to a lesser charge of Reckless Driving, the State Attorney’s Office dismissed the DUI charge.

06-20-18: Case No. 18CT003588AXX

  • Judge Sandra Bosso-Pardo
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts: In the early morning hours, the Defendant was driving on I-95 and lost control of his vehicle. His vehicle crashed into the concrete median on the side of the interstate. Law enforcement officers arrived and immediately began questioning the Defendant regarding whether or not he had been consuming alcohol. The Defendant made certain admissions to drinking a minimal amount of alcohol and tried to explain to the officers that he has severe learning disabilities. Law enforcement officers continued their DUI investigation having the Defendant perform sobriety tests and eventually arrested him and transported him to the Palm Beach County Jail and he submitted to a breath test registering a 0.153 and a 0.156 breath alcohol level.

The Defense: Brian P. Gabriel, Esquire was able to determine law enforcement’s actions at the scene in dealing with this handicapped individual were not proper. After consultation with the State Attorney’s Office, the State was advised of legal issues regarding law enforcement’s accident investigation and criminal investigation.

The Win: Following numerous conferences with the Assistant State Attorney in charge of the case, the State made the decision that the numerous legal issues found by Brian P. Gabriel, Esquire, and the potential Motions to Suppress were well-grounded and allowed the Defendant to resolve his case to a reduced charge of Reckless Driving. In return for that plea, the State Attorney’s Office dismissed the DUI charge.

05-26-18 Case No. 17CT005717AXX

  • Judge Bradley Harper
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement were summonsed to a traffic crash and began investigating the accident scene. It was observed that the Defendant was driving one of the vehicles involved and appeared to be extremely intoxicated. The Defendant did not respond appropriately to law enforcement’s request which eventually led to the Defendant being arrested. All this conduct was extremely unusual for the Defendant, who had no prior criminal history, and was an airline pilot for the country of Turkey. Additionally, it was clear from review of the video tapes that language issues existed.

The Defense:
Brian P. Gabriel, Esquire was able to obtain in-car videos of law enforcement’s investigation. Additionally, it was determined that the Defendant, who had flown back to his home country of Turkey, almost immediately had his visa withdrawn from the United States. The Defendant was not allowed legally to reenter into the United States. As the Defendant continued the process to try to regain a visa, the State Attorney’s Office ultimately decided resolution would be a better course.

The Win:
Again following the discussion of all legal issues, the State Attorney’s Office made the decision to allow the Defendant to enter a reduced charge of Reckless Driving. The Defendant was required to perform certain activities in his home country of Turkey. Furthermore, the State entered a dismissal of the DUI charge.

04-24-18: Case No. 18MM003461AXX

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge: Possession of Alcohol by a Minor

The Facts:
Defendant was observed by law enforcement consuming alcohol which therefore caused them to investigate the Defendant’s age. Considering the Defendant was under the age of 21, Defendant was arrested and charged with Possession of Alcohol by a Minor.

The Defense:
Brian P. Gabriel, Esquire was able to discuss with the State Attorney’s Office the legal issues regarding law enforcement’s encounter with the Defendant.

The Win:
Following discussions with the State Attorney’s Office, the State Attorney’s Office allowed the Defendant to perform several community service hours and attend a counseling course in return for a dismissal of the charge.

04-24-18: Case No. 18MM003461AXX

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge: Possession of Alcohol by a Minor

The Facts:
Defendant was observed by law enforcement consuming alcohol which therefore caused them to investigate the Defendant’s age. Considering the Defendant was under the age of 21, Defendant was arrested and charged with Possession of Alcohol by a Minor.

The Defense:
Brian P. Gabriel, Esquire was able to discuss with the State Attorney’s Office the legal issues regarding law enforcement’s encounter with the Defendant.

The Win:
Following discussions with the State Attorney’s Office, the State Attorney’s Office allowed the Defendant to perform several community service hours and attend a counseling course in return for a dismissal of the charge.

04-24-18: Case No. 18MM003461AXX

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge: Possession of Alcohol by a Minor

The Facts:
Defendant was observed by law enforcement consuming alcohol which therefore caused them to investigate the Defendant’s age. Considering the Defendant was under the age of 21, Defendant was arrested and charged with Possession of Alcohol by a Minor.

The Defense:
Brian P. Gabriel, Esquire was able to discuss with the State Attorney’s Office the legal issues regarding law enforcement’s encounter with the Defendant.

The Win:
Following discussions with the State Attorney’s Office, the State Attorney’s Office allowed the Defendant to perform several community service hours and attend a counseling course in return for a dismissal of the charge.

03-26-18: Case No. 17CT019592AXX

  • Judge Marty Bryson
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement alleged that they observed the Defendant traveling southbound on I-95 at an unlawful rate of speed. Law enforcement alleged that as they followed behind the vehicle, it was seen weaving. Law enforcement made a traffic stop and eventually additional law enforcement officers were summonsed to the scene to be able to conduct a DUI investigation. Once the DUI officer arrived, the investigation was turned over to him. He had the Defendant perform certain sobriety exercises which he alleges that the Defendant did not perform satisfactorily. He was eventually arrested, transported to the Palm Beach County Jail for breath testing. At the breath testing center, the Defendant refused to submit to a breath sample on the Intoxilyzer 8000 breath testing instrument.

The Defense:
Brian P. Gabriel, Esquire was able to investigate the numerous legal issues regarding the legality of the traffic stop, the sobriety tests that were conducted, and the request for breath sampling. These issues were explained as being ripe for motions to suppress.

The Win:
Following discussions with the State Attorney’s Office regarding potential motions to suppress, the State Attorney’s Office decided to resolve the case by allowing the Defendant to enter a plea to a reduced charge of Reckless Driving. In return for the plea to the reduced charge of Reckless Driving, the State Attorney’s Office dismissed the DUI charge.

03-19-18: Case No. 17CF011569BXX

  • Judge Kastrenakes
    Palm Beach County, Circuit Court, Criminal Division
  • Charge: Possession of Heroin with Intent to Sell, Possession of Cocaine with Intent to Sell, Possession of Drugs, Felony Possession of Marijuana

The Facts:
Law enforcement officers had been conducting a multi-jurisdictional drug investigation. It became known to law enforcement officers that allegedly the Defendant was selling drugs from the parking lot of his business. Defendant was an employee at a grocery store and would receive calls and go to his automobile and allegedly sell drugs. Undercover officers set up a drug purchase and allege that the Defendant was the one who produced and eventually sold to undercover officers a small amount of heroin. Following the arrest of the Defendant for the sale of heroin, law enforcement officers obtained a court warrant for the search of the Defendant’s vehicle wherein, inside the vehicle, they allege to have found trafficking amounts of drugs, including heroin, cocaine and marijuana. The Defendant was charged with numerous drug felonies.

The Defense:
Brian P. Gabriel, Esquire had discussions with the State Attorney’s Office regarding the lawfulness of law enforcement’s undercover operation and the need for revealing law enforcement’s undercover officers’ identities. Through the discussion, the State Attorney’s Office ultimately decided to work toward resolution of this case.

The Win:
Following the meetings with the State Attorney’s Office, the State eventually offered the Defendant a reduced charge, dropping the Trafficking charge, and allowing the Defendant to enter pleas to lesser drug felonies. By doing so, the Defendant’s prison sentence was significantly decreased and he was not required to serve mandatory minimum prison sentences.

03-19-18: Case No. 17CT003727AXX

  • Judge Leonard Hanser
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement officers were summonsed to the intersection of Wellington Trace and Greenview Shores in West Palm Beach, FL in regard to a reckless driver. The Defendant was driving an old, souped-up muscle car in an erratic fashion. As law enforcement officers approached the Defendant, the Defendant exited the roadway and came to a stop at a gas station parking lot. There, numerous officers surrounded the Defendant and began questioning him. What they observed in plain view was a beer in the center console. The Defendant admitted to consuming that one beer but denied the fact that he was under the influence of alcohol to the extent his normal faculties were impaired. Eventually, law enforcement officers were summonsed and attempted to have the Defendant perform sobriety exercises. The Defendant had numerous questions regarding the same, and eventually refused to perform any sobriety exercises. Law enforcement immediately arrested the Defendant, escorted him down to the Palm Beach County Jail for breath testing, where the Defendant refused.

The Defense:
Brian P. Gabriel, Esquire was able to fully investigate the events of this case. It was determined that this 1966 hot rod was a rebuilt automobile by the Defendant. Furthermore, what was discovered was that there was an exhaust leak into the passenger compartment of this vehicle. The CO2 levels from the exhaust were dangerously high. With cooperation from the State Attorney’s Office, the Defense was able to demonstrate the dangerous levels of CO2 in the passenger compartment as the Defendant was driving. This type of involuntary chemical intoxication became a central issue of the case.

The Win:
Following all issues discussed with the State Attorney’s Office, the State decided to allow the Defendant to enter a plea to the reduced charge of Reckless Driving. In return for that plea, the State Attorney’s Office dismissed the DUI charge.

03-15-18: Case No. 17CT021096AXX

  • Judge Ted Booras
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement officers were summonsed to Okeechobee Boulevard, where individuals had contacted law enforcement claiming the Defendant was sick and passed out behind the wheel in his car. When law enforcement officers arrived, they found the Defendant unresponsive, sitting behind the wheel of his car. Law enforcement officers were eventually able to awaken the Defendant and believed that he was under the influence of alcohol. Law enforcement officers noticed the Defendant was from Puerto Rico and, upon questioning, determined that he was traveling in this state for business purposes. Law enforcement officers had the Defendant perform sobriety exercises which he did not perform properly. Law enforcement arrested the Defendant and transported him to the Palm Beach County Jail where he did submit to a breath test on the Intoxilyzer 8000 breath testing instrument with results registering a 0.175, 0.170.

The Defense:
Brian P. Gabriel, Esquire was able to investigate all events from this case and determine that there were legal issues arising from law enforcement’s actions at the scene of the investigation. Furthermore, legal issues regarding proper calibration of the breath testing device arose.

The Win:
Following the discussion of the numerous motion to suppress issues with the State Attorney’s Office, the State decided to allow the Defendant to enter a plea to a reduced charge of Reckless Driving. In return for the Defendant’s entry of this plea, the State Attorney’s Office dismissed the DUI charge.

03-12-18: Case No. 17CT019366AXX

  • Judge Bradley Harper
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI, Leaving the Scene of an Accident

The Facts:
Law enforcement officers with the Town of Palm Beach observed a vehicle in the parking lot of a business on County Line Road, Palm Beach, FL. Law enforcement officers noted that at this time of the night, the business was not open so they began to investigate. As they approached the Defendant’s vehicle, it was alleged by law enforcement that he was seen jumping up and down on the hood of his car, which had been in a collision, in an attempt to crush down the hood so that the car could drive again. Law enforcement officers stopped the Defendant and began questioning him. The Defendant questioned law enforcement’s motives and made a legal request for his attorney. Law enforcement officers continued the investigation and attempted to have the Defendant perform field sobriety exercises and eventually placed him under arrest for DUI. Once the Defendant was placed under arrest, he was taken to the Palm Beach County Jail where he submitted to a breath test on an Intoxilyzer 8000 breath testing instrument. His results were 0.087 and a 0.082, barely over the legal 0.08 limit in the state of Florida.

The Defense:
Brian P. Gabriel, Esquire was able to fully investigate the events of this investigation. First, it was discovered that the alleged accident, which law enforcement claim the Defendant was involved in, occurred in another jurisdiction. Law enforcement additionally violated the Defendant’s rights during their roadside investigation by failing to honor certain requests by the Defendant. Additionally, legal questions arose regarding the accuracy of the Intoxilyzer breath result, especially considering the results were barely over the legal limit.

The Win:
Following the discussion of the numerous motion to suppress issues which existed in this case, the State Attorney’s Office agreed to allow the Defendant to enter a plea to a reduced charge of Reckless Driving. In return for the Defendant’s plea to the reduced charge of Reckless Driving, the DUI charge and Leaving the Scene of an Accident charges were both dismissed.

02-28-18: Case No. 17CT018289AXX

  • Judge Sandra Bosso-Pardo
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement allege that they observed the Defendant driving his 2004 Jeep southbound on Military Trail in the town of Jupiter, FL. Law enforcement allege that the Defendant was exceeding the speed limit and was failing to maintain a single lane. Officers in the car video reflected the Defendant driving properly. Law enforcement at the traffic stop continues with their criminal investigation, had the Defendant perform sobriety exercises, and arrested him for DUI.

The Defense:
Brian P. Gabriel, Esquire met with the State Attorney’s Office to discuss legality of the traffic stop and DUI investigation. Considering those legal issues, the State Attorney’s Office reconsidered the filing of the case.

The Win:
Following discussions with the State Attorney’s Office, the State Attorney’s Office decided to allow the Defendant to resolve his case by the entrance to a reduced charge of Reckless Driving. After the Defendant had entered the plea to the reduced charge of Reckless Driving, the State Attorney’s Office dismissed the DUI charge.

02-26-18: Case No. 17MM002991AXX

  • Judge Deborah Stevens
  • Palm Beach County, County Court, Criminal Division
  • Charge: Domestic Battery

The Facts:
Law enforcement were summonsed to Defendant’s home regarding a Domestic Battery charge. When law enforcement arrived, they spoke with the Defendant’s wife who made allegations that she had been battered by the Defendant. Law enforcement summonsed the Defendant to return to the scene, which he did, and after advising law enforcement of what occurred, he was still placed under arrest and charged with Domestic Battery.

The Defense:
Brian P. Gabriel, Esquire was able to meet with the alleged victim to discuss the events that occurred at the home. With evidence of the Defendant not having a criminal history and the statement by the alleged victim, Brian P. Gabriel was able to meet with the State Attorney’s Office to discuss possible resolution of this case.

The Win:
Following meetings with the State Attorney’s Office, the State Attorney’s Office decided to allow the Defendant to seek counseling and in return for successful completion of that counseling, entered a dismissal of the Domestic Battery charge.

02-12-18: Case No. 17MM012828AXX

  • Judge Deborah Stevens
  • Palm Beach County, County Court, Criminal Division
  • Charge: Battery

The Facts:
Law enforcement were called to a Walmart store parking lot re: a domestic dispute. Once law enforcement arrived, they found the Defendant, his girlfriend and their two-year-old child in the parking lot arguing. The victim alleged that the Defendant grabbed her and threw her to the ground and additionally took her phone from her. Law enforcement arrested the Defendant for an act of domestic violence.

The Defense:
Brian P. Gabriel, Esquire was able to meet with the alleged victim and discuss what truly occurred during this altercation. That information was relayed on to the State Attorney’s Office for a review of the charges.

The Win:
Following discussions with the State Attorney’s Office, they allowed the Defendant to enter a deferred prosecution agreement. The Defendant completed several requirements and eventually had the charges completely dismissed.

01-29-18: Case No. 11CT009381AXX

  • Judge Leonard Hanser
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement were called to the scene of a traffic crash that occurred in Palm Beach Gardens, FL. The crash was a one-vehicle crash where the Defendant’s vehicle, for unknown reasons, collided with a tree. When law enforcement officers arrived, they began conducting an accident investigation and had suspicions that the Defendant was under the influence of alcohol. A criminal investigation ensued, and the Defendant was requested and performed certain field sobriety exercises. Following the Defendant’s performance on these exercises, law enforcement decided to arrest the Defendant for the charge of DUI. The Defendant was eventually transported to a hospital to be medically cleared; however, prior to leaving the hospital, law enforcement obtained a blood sample from the Defendant.

The Defense:
Brian P. Gabriel, Esquire investigated this accident thoroughly. It was discovered that the automobile in question was equipped with a Takata airbag. Brian Gabriel, Esquire was able to obtain information regarding sudden inflations of the Takata airbags which have caused accidents in the past. All this information was gathered and turned over to the State Attorney’s Office. Additionally, legal issues regarding the Defendant’s blood sample were questioned. Numerous motions to suppress were discussed with the State Attorney’s Office.

The Win:
Following the discussion of numerous motions to suppress issues, the State Attorney’s Office eventually decided to allow the Defendant to resolve his case by entering a plea to a reduced charge of Reckless Driving. As a result of that plea, Defendant’s DUI charge was dismissed.

01-03-18: Case No. 17CT016792AXX

  • Judge Sandra Bosso-Pardo
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement were summonsed to the parking lot of a gas station on Indiantown Road regarding a minor traffic crash that occurred in the parking lot. When law enforcement arrived, they discovered the Defendant sitting in his vehicle who was involved in the accident. Law enforcement began their accident investigation, which eventually turned into a criminal investigation for the possibility of a DUI charge. Law enforcement noted that the Defendant was calm and his speech was normal but that he was not acting appropriately. The Defendant advised law enforcement that several years previously, he had suffered a traumatic brain injury. Law enforcement had the Defendant perform field sobriety exercises which, with a brain injury, the Defendant did not properly perform. Defendant was arrested and taken to the Palm Beach County Jail for a breath test. At the jail, Defendant submitted to a breath test on an Intoxilyzer 8000 breath testing instrument and registered a 0.179 and a 0.169.

The Defense:
Brian P. Gabriel, Esquire obtained medical records from the Defendant regarding his previous traumatic brain injury along with numerous spinal injuries. Those issues were investigated along with other improprieties by law enforcement during the DUI investigation and the breath testing.

The Win:
Following the discussion with the State Attorney’s Office of numerous motions to suppress, Brian Gabriel, Esquire and the State Attorney eventually were able to resolve this case by the Defendant entering a plea to a reduced charge of Reckless Driving. In return for the Defendant entering the plea to the reduced charge of Reckless Driving, the State Attorney’s Office dismissed the DUI charge.

12-8-17:       Case No. 17MM006589AXX

  • Judge August Bonavita
  • Palm Beach County, County Court, Criminal Division
  • Charge: 2 Counts of Misdemeanor Battery and Resisting an Officer Without Violence

The Facts:
Law enforcement were called to the Defendant’s home because of extremely erratic behavior. There, other family members describe the fact that the Defendant was extremely intoxicated and acting in an extremely unusual manner. As law enforcement approached her, they noticed the Defendant was not fully dressed. Law enforcement attempted to have the Defendant put on proper clothing, however the Defendant refused and was resisting. The extreme intoxication of the Defendant was evident to law enforcement who also believed that some other issue was going on with the Defendant’s mental state.

The Defense:
Brian P. Gabriel, Esquire began investigating all underlying facts of this case along with the Defendant’s medical and mental conditions. Through this examination, it was determined that the Defendant was suffering from severe medical and mental conditions and needed immediate medical care. Brian Gabriel assisted the Defendant along with her other counselors in enrolling in proper counseling programs, which assisted the Defendant.

The Win:
Following the Defendant’s compliance with these programs, the State Attorney’s Office made the decision to dismiss all charges against the Defendant.

12-7-17:        Case No. 17CT011318AXX

  • Judge Caroline Shephard
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement allege that they observed the Defendant driving in an erratic manner in a restricted area of the Palm Beach International Airport. Upon stopping the Defendant’s vehicle, Defendant explained that she had made an improper turn and was getting lost in the airport. Law enforcement allege that they observed signs of possible alcohol impairment on the Defendant and eventually had her exit the vehicle and performed certain field sobriety exercises. There, according to law enforcement, she did not perform the exercises satisfactorily and she was eventually arrested and taken to the Palm Beach County Jail for breath testing. At the breath testing center, Defendant refused to submit to a breath test.

The Defense:
Brian P. Gabriel, Esquire began investigating all facts surrounding the Defendant’s arrest, including how it was that she got into the restricted area. Furthermore, certain legal issues regarding law enforcement’s investigation of the DUI charge arose along with the Defendant’s ability to be able to legally refuse a breath test.

The Win:
Following discussions with the State Attorney’s Office regarding the numerous legal issues that existed in this case, the State Attorney’s Office decided to allow the Defendant to resolve her case by a plea to a lesser charge of Reckless Driving. In

11-29-17:      Case No. 17CT014946AXX

  • Judge Sandra Bosso-Pardo
  • Palm Beach County, County Court, Criminal Division
  • Charge: DUI

The Facts:
Law enforcement was dispatched to a traffic crash that occurred on northbound I-95. Law enforcement arrived and learned through witnesses that the witness observed the Defendant driving in an extremely erratic behavior and eventually had her car go off of 95 and crash. Law enforcement investigated the accident, finding the Defendant at fault, and that the crash probably occurred due to defective equipment (extremely bald tires). Law enforcement continued with a DUI investigation and eventually arrested the Defendant for DUI. After the Defendant’s arrest, she was eventually transported to the Palm Beach County breath testing center, where she submitted to a breath test on an Intoxilyzer 8000 breath testing instrument, testing at 0.136 and 0.141 above the legal limit.

The Defense:
Brian Gabriel, Esquire began investigating all facts surrounding the accident, the arrest and eventual breath test submitted by the Defendant. Brian Gabriel, Esquire was able to determine that there were certain issues regarding the proper calibration of the Intoxilyzer 8000 instrument. Furthermore, Brian Gabriel was able to show the State Attorney’s Office that certain mechanical problems with the vehicle were at fault and not the Defendant’s driving.

The Win:
Following discussions with the State Attorney’s Office of the numerous legal issues that existed in this case, the State Attorney’s Office made the decision to allow the Defendant to enter a reduced plea of Reckless Driving. In return for the Defendant pleading guilty to the Reckless Driving charge, the State Attorney’s Office dismissed the DUI charge.

11-17-17:      Case No. 17CF008456

    • Judge Cheryl Caracuzzo
    • Palm Beach County, Circuit Court, Criminal Division
    • Charge: Felony Possession of Drugs

The Facts:

Law enforcement officers stopped the Defendant’s vehicle based upon a supposed complaint by the Defendant’s girlfriend that there had been a domestic situation, alleging that whereby she alleged that she had been falsely imprisoned in the Defendant’s motor vehicle. Law enforcement searched the area, eventually finding the Defendant’s vehicle, and effectuated a traffic stop. There, law enforcement had the Defendant exit his vehicle, searched his vehicle, finding certain prescription medication. Additionally, law enforcement wrote up the Defendant for numerous other charges including Speeding, Careless Driving, Failure to Stop at a Stop Sign, Open Container of Alcohol and Leaving a Motor Vehicle Unattended.

The Defense:

Brian P. Gabriel, Esquire was able to investigate all facts surrounding this traffic stop. Eventually it was determined that the Defendant’s girlfriend had not informed law enforcement of what they were alleging. Law enforcement’s legal basis for the traffic stop and a lot of their actions was based upon information supposedly coming from this alleged victim.

The Win:

Following discussions with the State Attorney’s Office, the State made the decision to allow the Defendant to enter reduced charges of Attempted Possession of a Controlled Substance and Possession of Paraphernalia. Defendant was adjudicated of both these charges and sentenced to the three days in jail that he had previously spent. In addition, Defendant was ordered to pay court costs. All other charges, including all traffic citations, were completely dismissed.

11-07-17:      Case No. 17CT019084AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI (Bicycle)

The Facts:

Defendant was observed riding his bicycle allegedly improperly while he was crossing Indiantown Road in Jupiter, FL. Law enforcement followed the Defendant and conducted a traffic stop of the Defendant on his bicycle once they realized that he had a motor on the bike. Eventually, law enforcement wanted the Defendant to perform field sobriety exercises due to the fact that they believed he was impaired while riding the motorized bicycle. The Defendant was unwilling to complete these roadside tasks due to the fact that he was not in a motor vehicle. Defendant was arrested and taken to the Palm Beach County Jail for breath testing. Defendant asked too many questions of law enforcement, who therefore took his actions as a refusal.

The Defense:

Brian P. Gabriel, Esquire was able to show the State Attorney’s Office that the motorized bicycle the Defendant was riding was not one that came under the statutory definition of a motor vehicle that could therefore subject him to a DUI charge. The State Attorney’s Office was advised that this motion would be a dispositive motion if needed to be filed.

The Win:

Following discussions with the State Attorney’s Office, regarding law enforcement’s traffic stop of the Defendant on the motorized bicycle along with the other issues that occurred in the investigation including failure to perform sobriety tests and breath refusal, the State Attorney’s Office made the decision to drop all charges. The Defendant had a DUI charge dismissed by the State.

10-30-17:      Case No. 13TR084550

      • Judge Caroline Shephard
      • Palm Beach County, County Court, Criminal Division
      • Charge: HTO

The Facts:

Defendant came to the office having her license suspended as a habitual traffic offender. This suspension occurred due to the Defendant having, within the last five years, a minimum of three serious traffic crimes adjudicated on her driving record.

The Defense:

Brian P. Gabriel, Esquire was able to examine the Defendant’s driving record to look into the past cases and determine that there may have been certain legal issues in violation of Defendant’s rights.

The Win:

Eventually, Brian P. Gabriel assisted the Defendant in obtaining an order from the Court which allowed her license to be reinstated. Department of Highway Safety and Motor Vehicles had to remove the Habitual Traffic Offender status and allow the Defendant to obtain her new full license.

10-23-17:      Case No. 17CT011281AXX

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Defendant was observed leaving a stoplight next to the police officer at a high rate of speed. Law enforcement allege that Defendant reached speeds of over 80 mph, so they effectuated a traffic stop on the vehicle. Once the stop had occurred, officers allege they could smell odors of alcohol coming from the Defendant. Additionally, the Defendant’s eyes were red and bloodshot and his speech was quite slurred. Defendant contested the observations of law enforcement and eventually submitted to sobriety tests at the direction of law enforcement. Law enforcement allege that he did not perform the test satisfactorily, so he was placed under arrest for DUI and transported to the Palm Beach County Jail for breath testing. At the breath testing, Defendant was offered a breath sample on an Intoxilyzer 8000 breath testing instrument and refused to provide the sample.

The Defense:

Brian P. Gabriel, Esquire was able to gather information pointing to the illegality of the traffic stop, the roadside investigation, and the request for breath testing.

The Win:

Following the discussions with the State Attorneys regarding the numerous motion to suppress issues, the State Attorney’s Office decided to allow the Defendant to resolve his case by entering a plea to the reduced charge of Reckless Driving. As a result of the plea to the reduced charge, the State Attorney’s Office dismissed the DUI.

10-23-17:      Case No. 17MM010413AXX

      • Judge Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: Possession of Marijuana

The Facts:

Defendant was stopped by law enforcement. As law enforcement approached the vehicle, they smelled the odor of marijuana and believed that the Defendant was in possession of marijuana. Eventually, an automobile search of the Defendant’s car revealed the presence of marijuana.

The Defense:

Brian Gabriel, Esquire was able to thoroughly investigate the case to show that the initial traffic stop and suspicion of the Defendant being under the influence of marijuana were called into question.

The Win:

Following discussions with the State Attorney’s Office regarding the legal issues, the State Attorney decided to allow the Defendant to enter a plea to Simple Possession of Marijuana and have the adjudication withheld so that no conviction would arise nor any suspension of the Defendant’s driving privilege.

10-04-17:      Case No. 17CT009596AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Defendant was observed by Juno Beach officers driving on A1A in an erratic fashion. At one point, it is captured on law enforcement’s in-car video that the Defendant left her lane and almost ran a police officer off the road. Eventually, all officers made a traffic stop of the Defendant. At the traffic stop, Defendant exhibited signs of being under the influence. Law enforcement had the Defendant perform a series of field sobriety exercises which the Defendant did not perform satisfactorily. Eventually, the Defendant was arrested and transported to the Palm Beach County Jail for breath testing, where she submitted to a breath test on an Intoxilyzer 8000 instrument with results of a 0.135 and a 0.141.

The Defense:

Brian P. Gabriel, Esquire was able to determine that there was the possibility of certain calibration errors in regard to the Intoxilyzer 8000 breath testing instrument. Furthermore, there were legal issues regarding the roadside investigation that had occurred with numerous police officers and the Defendant.

The Win:

Following the discussion with the State Attorneys of numerous motion to suppress issues, Brian Gabriel was able to have the State Attorney’s Office decide to reduce the charge to a Reckless Driving charge. As a result of the plea to the reduced charge of Reckless Driving, the State Attorney’s Office dismissed the DUI charge.

10-04-17:      Case No. 17CT007878AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Law enforcement alleged the Defendant was observed driving erratically on US Highway 1. Traffic stop occurred wherein once law enforcement officers approached the Defendant, they believed that she was under the influence of alcohol. Their investigation revealed the Defendant had admitted to consuming one drink. Furthermore, the Defendant’s physical condition was extremely frail. Law enforcement had the Defendant exit the vehicle and attempt to perform sobriety exercised which they should have known the Defendant could not perform, considering her medical condition of a surgically rebuilt spine.

The Defense:

Brian Gabriel, Esquire was able to obtain all the medical records necessary to show the Defendant’s frail condition. Her spine had been surgically repaired and the Defendant was in the process of having even more surgeries immediately following this arrest.

The Win:

Following discussions with the State Attorney’s Office regarding the legal issues that arose including the Defendant’s medical condition, the State Attorney’s Office made the decision to drop the DUI charge. Defendant was allowed to enter a plea to a reduced charge of Reckless Driving and in return, the State Attorney’s Office dismissed the DUI.

09-28-17:      Case No. 17CT007983AXX

      • Judge Caroline Shephard
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Law enforcement were called to the scene of a disabled vehicle/traffic crash. Law enforcement arrived, finding the Defendant’s vehicle stuck on the concrete curb median. Other witnesses at the scene said they observed the Defendant driving west in the eastbound lanes. Law enforcement investigated the scene and eventually came to the suspicion the Defendant was under the influence of alcohol due to his actions. While the Defendant was extremely polite, law enforcement alleged that his speech was extremely slurred and he had difficulty understanding simple commands. Furthermore, according to law enforcement, Defendant made admissions to consuming five or six beers. Eventually, law enforcement had the Defendant perform sobriety exercises which he did not perform satisfactorily. Defendant was arrested and transported to the Palm Beach County Jail where he did submit to a breath test, registering a 0.192/0.182 breath samples.

The Defense:

Brian P. Gabriel, Esquire was able to review the underlying facts surrounding the traffic stop, criminal investigation and breath test. Considering different issues that arose in all of these areas, numerous motion to suppress issues were available to the Defendant in this case.

The Win:

Following discussions with the State Attorney regarding the legal issues in this case, the State Attorney’s Office made the decision to reduce the charge to Reckless Driving. As a result of the Defendant entering a plea to the reduced charge of Reckless Driving, the State Attorney’s Office dismissed the DUI charge.

09-28-17:      Case No. 17CT008106AXX

      • Judge Caroline Shephard
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Law enforcement were summonsed to a traffic stop that occurred on Boynton Beach Boulevard where the Defendant’s vehicle was seen stopping in the middle of the road and weaving as it left the area. Eventually, law enforcement found the Defendant’s vehicle and effectuated a traffic stop. Following the traffic stop, the Defendant made certain admissions to consuming alcohol. Sobriety tests were conducted on the side of the road which the Defendant failed. Defendant was arrested eventually for DUI and transported to the Palm Beach County Jail for breath testing. There, she refused to submit to a test of her breath on the Intoxilyzer 8000 breath testing instrument.

The Defense:

Brian Gabriel, Esquire was able to speak with the State Attorney’s Office handling this charge and able to discuss the numerous legal issues which arose from the traffic stop, roadside investigation and request for breath sample.

The Win:

Following the discussion of numerous motion to suppress issues, Brian P. Gabriel, Esquire and the Assistant State Attorney in charge of the case met to discuss the legal issues. Considering the circumstances surrounding the case, the State Attorney’s Office made the decision to allow the Defendant to enter a plea to a reduced charge of Reckless Driving. As a result of that plea, the State Attorney’s Office dismissed the DUI charge.

09-28-17:      Case No. 17CT007753AXX

      • Judge Caroline Shephard
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

The Defendant was reported to law enforcement by anonymous caller as being a possible drunk driver. Law enforcement located the Defendant’s vehicle traveling on West Atlantic and observed the Defendant drive the vehicle in an erratic way. Law enforcement eventually made a traffic stop of the Defendant’s vehicle for the erratic driving and speeding. Upon making contact with the Defendant, law enforcement were advised that the Defendant was a member of law enforcement and eventually other officers were summonsed to the scene. Eventually, law enforcement conducted a DUI investigation and had the Defendant arrested for DUI. Defendant advised law enforcement that he was a diabetic and eventually the Defendant was transported to the Palm Beach County Jail for breath testing where, having knowledge of the Intoxilyzer 8000 breath testing instrument, he refused to submit to such a sample.

The Defense:

Brian Gabriel, Esquire was able to speak with the State Attorney handling this case considering the unusual nature of law enforcement arresting a police officer. Different issues arose regarding their investigation.

The Win:

Following the discussions with the State Attorney’s Office of numerous motions to suppress issues, Brian Gabriel, Esquire and the Assistant State Attorney in charge of the case met and again decided to resolve this case by allowing the Defendant to enter a reduced charge plea to the charge of Reckless Driving. As a result of that plea, the State Attorney’s office dismissed the DUI charge.

08-17-17:      Case No. 17MM007118AMB

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Possession of Cocaine/Disorderly Intoxication/Resisting Officer Without Violence

The Facts:

The Defendant was involved in an altercation inside a local Jupiter bar. The Defendant was asked to leave yet returned on several occasions. Law enforcement were eventually summonsed to the scene where they interacted with the Defendant, telling him that he was not allowed to reenter into the bar. Again, reentry was attempted wherein the Defendant was arrested and searched. The search revealed a small amount of cocaine.

The Defense:

Brian Gabriel, Esquire was able to speak with the State Attorney’s Office regarding the filing of these felony drug charges. The Defense was able to explain the Defendant had no prior record and had just passed law school. Considering the facts underlying the case, the State Attorney’s Office made the decision to reduce the charges.

The Win:

Following discussions with the State Attorney’s Office, the felony charges were dismissed and the Defendant was charged with Disorderly Intoxication and Resisting an Officer. Those charges were able to be dismissed ultimately after the Defendant had complied with the deferred prosecution agreement wherein he had to perform certain hours of community service and attend certain educational programs along with having no contact with the bar/restaurant. Defendant did comply with those conditions and eventually all charges were dismissed.

08-17-17:      Case No. 17MM006662AMB

      • Judge Caroline Shephard
      • Palm Beach County, County Court, Criminal Division
      • Charge: Boating Under the Influence

The Facts:

The Defendant was observed driving a Wave Runner in the Intracoastal Waterway in violation of the no-wake zones. Law enforcement stopped the Defendant’s vessel and eventually became suspicious the Defendant was boating under the influence. Law enforcement had the Defendant perform certain sobriety exercises to which he did not perform satisfactorily, and eventually arrested the Defendant, transporting him to the Palm Beach County Jail for breath testing where the Defendant refused to submit to a breath sample.

The Defense:

Brian Gabriel, Esquire was able to investigate the facts surrounding the vessel stop along with the DUI investigation.

The Win:

Following Mr. Gabriel’s investigation of the issues in this case, discussions with the State Attorney’s Office occurred where the State Attorney’s Office decided to reduce the charge. The Defendant entered a plea to the reduced charge of Reckless Operation of a Vessel and in return the Boating Under the Influence charge was dismissed.

07-31-17:      Case No. 17CT005044AXX

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Law enforcement alleged that they observed the Defendant traveling at a high rate of speed in a residential area. Traffic stop eventually occurred and law enforcement had a clear suspicion that the Defendant was under the influence of certain controlled drugs. They noticed that the Defendant’s pupils were extremely dilated, that his eyelids were tremoring, and that he was exhibiting signs of clear irritability. Eventually, Defendant was arrested for a DUI after failing sobriety tests and was eventually transported to a hospital in Broward County, FL. There, the Defendant’s drug impairment was noted by law enforcement and by the medical staff. Eventually, the Defendant was transported for breath testing where he refused a breath test.

The Defense:

Brian Gabriel, Esquire was able to investigate the facts underlying the traffic stop and drug impairment issues. The Defense let the State Attorney know that motions to suppress would be forthcoming regarding legality of law enforcement’s actions regarding the transport to another county, the traffic stop, and violations of the accident report privilege.

The Win:

Following discussions with the State Attorney’s Office, the State Attorney’s Office decided to allow the Defendant to enter a plea to a reduced charge of Reckless Driving. Following the entrance of this plea to the reduced charge of Reckless Driving, the State Attorney’s Office dismissed the DUI charge.

07-26-17:      Case No. 17CT009563AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Defendant was involved in a motor vehicle crash in Lake Park, FL. Law enforcement arrived and began investigating the accident, which quickly turned into a DUI investigation. Defendant was requested to perform certain sobriety tests, which she failed. Law enforcement described the Defendant as having bloodshot eyes, very unsteady gait, and stumbling over her feet as she walked. Following law enforcement’s roadside investigation, Defendant was placed under arrest for DUI where she was transported to the Palm Beach County Jail breath testing center for breath testing to which the Defendant refused.

The Defense:

Brian P. Gabriel, Esquire was able to investigate the facts surrounding the accident, investigation, and actions of law enforcement regarding the DUI investigation.

The Win:

Following discussions with the State Attorney’s Office, the State made the decision to reduce the DUI charge and allowed the Defendant to enter a plea to a minimum first-time DUI offense with the ability to early terminate probation since the Defendant had completed the majority of the terms prior to entering of the plea.

06-21-17:      Case No. 17CT005315AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Law enforcement alleged that they were performing traffic enforcement on US Highway 1 when they observed the Defendant speeding. Traffic stop eventually occurred and once law enforcement approached the Defendant, they believed that he was under the influence of alcohol so they had the Defendant exit the vehicle. While the Defendant contested the improper driving, law enforcement had the Defendant perform sobriety exercises which were not performed to the satisfaction of law enforcement. Following those exercises, the Defendant was eventually arrested and charged with DUI and transported to the Palm Beach County Jail for breath testing. There, the Defendant refused to submit to a breath test.

The Defense:

Brian P. Gabriel, Esquire was able to investigate the facts surrounding the traffic stop and DUI investigation. The Defense let it be known to the State Attorney’s Office that numerous motions to suppress could be forthcoming regarding the legality of law enforcement’s actions, from the traffic stop to their investigation beside the road and the eventual breath testing request of the Defendant.

The Win:

Following the discussions with the State Attorney’s Office in light of the numerous legal issues, the State Attorney’s Office made the decision to allow the Defendant to resolve his case to the reduced charge of Reckless Driving. Following the entrance of that plea, the State Attorney’s Office dismissed the DUI charge.

06-07-17:      Case No. 17CF003264AXX

      • Judge Sandra McSorley
      • Palm Beach County, County Court, Criminal Division
      • Charge: Felony Possession of Marijuana/Possession of Paraphernalia

The Facts:

Law enforcement allege that they observed the Defendant driving in his vehicle and having a taillight not working properly. Law enforcement made a traffic stop and eventually smelled the odor of burnt marijuana. This led law enforcement to do a search of the vehicle wherein marijuana was observed and seized by law enforcement. Other drug paraphernalia was also found with the Defendant. Along with the marijuana, other evidence of drug sales was also discovered by law enforcement during the search.

The Defense:

Brian P. Gabriel, Esquire was able to investigate the facts surrounding the traffic stop and search of the Defendant’s vehicle. Defense let the State Attorney know that numerous motions to suppress would be forthcoming regarding the legality of law enforcement’s actions.

The Win:

Following discussions with the State Attorney’s Office, the State made the decision to reduce the charge to a misdemeanor possession of marijuana. Defendant accepted this plea and had adjudication of the charge withheld so that no conviction would occur and had to pay court costs.

04-12-17:      Case No. 16MM013545AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge: Resisting Arrest Without Violence, Disorderly Conduct

The Facts:    The Defendant was involved in an altercation at a local bar in Jupiter, FL. Defendant wisely removed herself from that bar and walked a short distance to her home. Once at home, the individuals, a roommate, who were involved with the Defendant in the altercation, came back to the home where the Defendant clearly informed law enforcement that she did not wish to have those individuals in her home. Those individuals persisted and eventually law enforcement ended up arresting the Defendant and charging her with Disorderly Conduct and Resisting Arrest Without Violence.

The Defense:

Brian Gabriel, Esquire was able to meet with the State Attorney handling this case and after discussions with all parties involved was able to demonstrate to the State that the Defendant was only protecting herself and her home.

The Win:

Following discussions with the State Attorney’s Office, the State Attorney’s Office decided to dismiss all charges.

03-27-17:      Case No. 16CF011235AXX

      • Judge Laura Johnson
      • Palm Beach County, Circuit Court Criminal Division
      • Charge: Felony Battery

The Facts:

Law enforcement were called to a local bar in Jupiter, FL where a physical altercation had spilled out into the parking lot. The Defendant became involved in this altercation and is seen pushing certain individuals and possibly taking a swing at one of the involved individuals. After that, Defendant is seen walking away and staying away from the fight that continued.

The Defense:

Brian Gabriel, Esquire looked carefully at the surveillance videos which were obtained from the bar and adjoining business. From the video, it can be seen that the Defendant’s involvement in the fight and altercation was extremely minimal. While there was contact at one point in time with one of the involved parties by the Defendant, his involvement was by no means at the level of the other Codefendants involved in this altercation.

The Win:

Following meetings with the State Attorney handling this case, the Defendant was able to enter into a probationary plea where he would not be convicted of the felony charge. The Defendant successfully completed his probation and all conditions of that probation and eventually was let off early considering his compliance with all conditions.

03-01-17:      Case No. 16CT02118AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:

Law enforcement allege that they observed the Defendant speeding on US Highway 1 as she approached Bluffs Boulevard in Jupiter, FL. Law enforcement activated their blue lights and made a traffic stop as the Defendant was turning into her condominium. The Defendant was shocked by the traffic stop and disputed her alleged improper driving. Eventually, law enforcement were able to order Defendant to perform certain sobriety exercises to which she did not complete to the satisfaction of law enforcement. Defendant was arrested and eventually transported to the Palm Beach County Jail for breath testing where she refused.

The Defense:

Brian P. Gabriel, Esquire was able to gather the in-car video which did not support law enforcement’s allegations of improper driving or the Defendant’s performance on the field sobriety exercises requested by law enforcement. Numerous legal issues arose which could be contested through the filing of motions to suppress.

The Win:

Following the review of these legal issues with the State Attorney handling the case the Assistant State Attorney made the decision to allow the Defendant to resolve this case by pleading to a reduced charge of Reckless Driving. In return for the plea, the State Attorney’s Office dismissed the DUI charge.

02-23-17:      Case No. 17MM001339AMB

      • Judge Deborah Stevens
      • Palm Beach County, County Court, Criminal Division
      • Charge: Domestic Battery<

The Facts:    Law enforcement were called to the Defendant’s home regarding a domestic situation which allegedly became violent. Once law enforcement arrived, all individuals appeared to be extremely intoxicated and nobody was showing signs of physical injury. Both parties involved disputed how it started and eventually both agreed that the fight was mutual.

The Defense:

Brian P. Gabriel, Esquire was able to speak to all parties involved to determine that everybody had responsibility for the events of this evening. Furthermore, the intoxication of all parties involved was confirmed.

The Win:

Following meetings with the Assistant State Attorney involved in the case, the State Attorney’s Office made the decision to dismiss all charges.

02-13-17:      Case No. 16CT022290AXX

      • Judge Bradley Harper
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI, Child Endangerment, Leaving the Scene of an Accident

The Facts:

Law enforcement were called to the scene of a traffic crash and eventually found the Defendant driving on two flat tires on Loxahatchee River Road. The accident was disputed by the Defendant. Inside Defendant’s vehicle was a minor child at the time of this traffic crash. Law enforcement eventually had the Defendant exit the vehicle and had her perform sobriety exercises which were not to the satisfaction of law enforcement. Law enforcement summonsed Defendant’s husband to the scene who took custody of the minor child and eventually Defendant was arrested and transported to the Palm Beach County Jail where she refused breath testing.

The Defense:

Brian P. Gabriel, Esquire was able to discuss with the State Attorney’s Office the felony Child Endangerment charge along with numerous issues that arose from law enforcement’s investigation of this crash, and the eventual arrest of the Defendant. Numerous motions to suppress issues arose.

The Win:

Following discussions with the State Attorney’s Office regarding the legality of the felony charge and the numerous issues that arose in the DUI charge, the State Attorney’s Office made the decision to not file the felony charge and to dismiss the DUI charge. The State Attorney allowed the case to be resolved by the Defendant entering a plea to the reduced charge of Reckless Driving.

26-16: Case No. 2016CF005208AXX

      • Judge Sheri Cunningham
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Felony Battery

The Facts:
The Defendant was involved in an altercation with another young gentleman over a present/past girlfriend.  The altercation, while it started verbal, ended up in becoming physical where the Defendant himself ended up striking the victim.  The Defendant was eventually arrested and charged with Felony Battery, a third degree felony.

The Defense:
Brian P. Gabriel, Esquire was able to speak with the State Attorney’s Office regarding the facts surrounding this incident and had the Assistant State Attorney agree that this case should be downfiled to a misdemeanor.

The Win:
Following the filing of this case in misdemeanor court, Brian P. Gabriel, Esquire was still able to speak with the new Assistant State Attorney handling the case and was able to show all pertinent facts surrounding this altercation.  The State Attorney’s Office eventually made the decision to allow the Defendant to enter a plea to the reduced charge of Simple Battery wherein adjudication for this crime was withheld so it would not appear on his juvenile record, and was ordered to pay court costs. No other punishment was exacted.

9-14-16: Case No. 2016CT006919AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge:  DUI

The Facts:
Law enforcement was monitoring traffic on Donald Ross Road and observed the Defendant’s vehicle pass by their scene without moving over.  Law enforcement pursued the Defendant’s vehicle and eventually effectuated a traffic stop.  Upon questioning of the Defendant, law enforcement observed signs of alcohol impairment, such as bloodshot, watery eyes and odor of alcohol, and requested the Defendant to exit her vehicle to perform certain sobriety tests.  At the scene, the Defendant performed sobriety tests but was still eventually arrested and charged with DUI.  The Defendant was taken to the Palm Beach County Jail where she was requested to submit to a breath test, yet refused to do so.

The Defense:
Brian P. Gabriel, Esquire was able to look into all the legal issues surrounding the Defendant’s traffic stop, investigation at the roadside and the alleged breath test refusal.  Certain legal issues were determined to exist and were eventually discussed with the Assistant State Attorney handling the case.

The Win:
Following the discussions with the State Attorney’s Office regarding all legal issues surrounding the case, the State Attorney’s Office made the decision to dismiss the DUI charge and allow the Defendant to plea to a lesser charge of Reckless Driving.

9-8-16: Case No. 2016CT006387AXX

      • Judge Caroline Shephard
      • Palm Beach County, County Court, Criminal Division
      • Charge:  DUI

The Facts:
Law enforcement were summoned to the scene of an individual passed out in his vehicle.  They arrived on scene and began attempting to awaken the Defendant but were having difficulty.  Eventually, law enforcement was able to awaken the Defendant sitting in his vehicle with the engine allegedly running, and they noted that that detected signs of alcohol impairment.  Eventually, law enforcement had the Defendant exit the vehicle and had him perform certain sobriety tests.  After the Defendant allegedly failed those tests, he was placed under arrest and charged with DUI.  At the scene, law enforcement had an Intoxilyzer 8000 instrument in their vehicle.  Law enforcement attempted to have the Defendant to perform a breath test; however, during the administration of the test certain issues arose wherein the Defendant ultimately made the decision to not comply to submitting a breath test to a machine that was obviously not working properly.

The Defense:
Brian P. Gabriel, Esquire was able to investigate all issues surrounding law enforcement’s awakening of the Defendant or sleeping in his vehicle, along with sobriety tests and ultimately the breath test/refusal.  Brian P. Gabriel, Esquire met with the Assistant State Attorney and discussed all legal issues surrounding the case.

The Win:
Following discussions with the Assistant State Attorney regarding the possible defenses and legal issues that could be raised in motions to dismiss and/or suppress, the Assistant State Attorney made the decision to allow the Defendant to enter a plea to a reduced charge of Reckless Driving.  In return for that plea, the State Attorney’s Office dismissed the DUI charge.

9-6-16: Case No.  2016MM010129AXX

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge:  Trespass After Warning

The Facts:
The Defendant went to her apartment complex to discuss her deposit which had not yet been refunded to her.  During the meeting, the apartment personnel became verbally aggressive with the Defendant and eventually summoned law enforcement, alleging that she was trespassing.  The Defendant was only trying to deal with the issue appropriately with all of her paperwork to discuss her deposit which had not yet been refunded.  Law enforcement requested the Defendant to remove herself from the scene, and as she did they placed her under arrest, charging her with Trespass After Warning.

The Defense:
Brian P. Gabriel, Esquire was able to gather from the facts and evidence that the Defendant had every lawful right to attempt to try to have the return of her deposit.  After demonstrating the same to the State Attorney’s Office, and the past history that this apartment complex has had, the State Attorney’s Office had a better understanding of the case.

The Win:
Following discussions with the State Attorney and demonstrating the Defendant’s lack of any illegal conduct, the State Attorney’s Office made the decision to dismiss the charges.

8-3-16: Case No.  2016CT002184AXX

      • Judge Leonard Hanser
      • Palm Beach County, Court, Criminal Division
      • Charge:  Leaving Scene of Accident

The Facts:
The Defendant was involved in a minor collision with another vehicle while heading westbound on PGA Boulevard.  The Defendant cleared the intersection and stopped, and called his wife to let her know that he would be late.  After approximately fifteen to twenty minutes, the Defendant called law enforcement and reported that his car was broken down.  At the same time, the other individual in the accident left the scene and eventually returned after calling law enforcement saying that the Defendant was the person that caused the accident.  Law enforcement officers arrived at the scene, conducted a brief crash investigation, and ended up arresting the Defendant for leaving the scene of the accident due to the fact that he had cleared the intersection and had not called law enforcement quick enough.

The Defense:
Brian P. Gabriel, Esquire was able to meet with the Assistant State Attorney handling the case and demonstrated the fact that the Defendant never fled the scene of an accident.  While certain issues remained regarding what he informed law enforcement as far as the accident, the defense was able to present the State with sufficient evidence showing that the Defendant did not cause the accident or flee the scene.

The Win:
Following the defense’s presentation to the State Attorney’s Office, the Defendant’s insurance had paid for the damage, and allowing for a payment of $50.00 for costs of prosecution, the State Attorney made a decision to dismiss all charges.

8-2-16: Case No. 2016CF00746AXX  

      • Martin County, Circuit Court, Felony Division
      • Charge: Possession of Alprazolam

The Facts:
The Defendant was the passenger in a vehicle which was stopped by law enforcement in Martin County, Florida.  During the traffic stop, law enforcement became suspicious of the individuals and had the Defendant exit the vehicle, wherein an eventual search of the vehicle discovered that the Defendant possessed a controlled substance, alprazolam.

The Defense:
Brian P. Gabriel, Esquire was able to investigate the facts surrounding the traffic stop, search, and eventual seizure of the medication.  The defense let the Assistant State Attorney know that motions to suppress would be forthcoming regarding the legality of law enforcement’s actions.

The Win:
Following discussions with the State Attorney’s Office, the State made the decision to dismiss all charges against the Defendant.

6-27-16: Case No. 2014CT022441AXX

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge:  DUI

The Facts:
The Defendant was charged with DUI and Leaving Scene of Accident.  Law enforcement from Riviera Beach arrived at the scene of the accident and determined that the Defendant had been in an accident immediately prior and left the scene where he started to head toward his home.  After the traffic stop, law enforcement investigated the accident and eventually turned their attention to a DUI.  Law enforcement officers had the Defendant perform sobriety testing which they said he did not pass satisfactorily, and eventually placed the Defendant under arrest for the charge of DUI and Leaving Scene of Accident.  The Defendant was eventually transported to the Palm Beach County Jail for breath testing where he submitted to a breath test and blew a .355 and .356.

The Defense:
Brian P. Gabriel, Esquire began investigating all facts surrounding the accident, the arrest, and the eventual breath test submitted by the Defendant.  Brian P. Gabriel, Esquire was able to determine that there were certain problems regarding the calibration of the Intoxilyzer 8000 breath testing instrument used in this case.

The Win:
Following the filing of motions to suppress dealing with the breath test, the Assistant State Attorney handling the case and Brian P. Gabriel, Esquire met and discussed the legal issues surrounding the Intoxilyzer 8000 breath testing instrument utilized in this case.  Ultimately, the State Attorney’s Office made the decision to allow the Defendant to plead to a reduced charge of Reckless Driving, and in return had the DUI charge and the Leaving the Scene charge dismissed.

6-27-16: Case No. 2015CT014534AXX  

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge:  DUI

The Facts:
Law enforcement was summoned to the scene of an erratic driver on the Turnpike that had exited off of Indiantown Road.  Law enforcement alleged that the Defendant made improper lane changes and almost collided with the Sergeant’s police vehicle.  Upon the traffic stop, law enforcement approached the Defendant and alleged that she had signs of alcohol impairment, including red bloodshot eyes, an odor of alcohol, along with poor balance.  The Defendant was eventually requested to perform field sobriety tests which she did not pass satisfactorily, and was placed under arrest.  The Defendant was transported to the Palm Beach County Jail for breath testing where she submitted to the breath test and blew a .276 and .277.

The Defense:
Brian P. Gabriel, Esquire was able to determine that there was rule violations regarding the calibration protocols for the Intoxilyzer  8000 breath testing instrument utilized in this case.  After uncovering all the records supporting the defense’s allegation of improper calibration, a motion to suppress the breath test was filed.

The Win:
Following the filing of the motion to suppress the breath test, Brian P. Gabriel, Esquire and the Assistant State Attorney in charge of the case met to discuss the legal issues.  Considering the circumstances surrounding the breath test administered in this case, the State Attorney’s Office made the decision to allow the Defendant to enter a plea to a reduced charge of Reckless Driving.  As a result of that plea, the State Attorney’s Office dismissed the DUI charge.

6-27-16: Case No. 2015CT002325AXX  

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge:  DUI

The Facts:
Law enforcement were called to the scene in reference to a reckless driver.  Upon law enforcement’s arrival to the area, they saw the Defendant’s vehicle with two blown out tires resting in the median, blocking traffic from both directions.  Law enforcement spoke with the Defendant and they observed alleged signs of alcohol impairment, and had the Defendant perform certain field sobriety tests.  Eventually, after law enforcement alleged that the Defendant failed those sobriety tests, they placed him under arrest and transported him to the Palm Beach County Jail for breath testing.  At the breath testing center, the Defendant gave two breath samples of a .276 and .289.

The Defense:
Brian P. Gabriel, Esquire looked carefully into the breath testing instrument utilized in this case and determined that the calibration protocol was not properly followed.  After producing such documentation to clearly show the rule violation, the defense requested that the case be dismissed.

The Win:
Following the filing of motions to suppress dealing with the breath test administered in this case, the Assistant State Attorney handling the case, along with Brian P. Gabriel, Esquire met and discussed the legal issues.  Considering those issues, the Assistant State Attorney made the decision to allow the Defendant to resolve his case by pleading to a reduced charge of Reckless Driving. In return for the plea, the State Attorney’s Office dismissed the DUI charge.

6-27-16 Case No. 2014CT008999AXX

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge:  DUI

The Facts:
Law enforcement made a traffic stop of the Defendant for allegedly weaving as he was heading southbound on I-95.  Once the Defendant was stopped, he disputed any improper driving, and law enforcement had him wait in his vehicle for approximately 20 minutes for a DUI officer to arrive.  Once the DUI officer arrived, he had the Defendant exit his vehicle and alleges that he was showing signs of alcohol impairment.  Those signs were strenuously contested along with the fact that law enforcement improperly interrogated the Defendant at the roadside and had him perform certain sobriety tests which were not proper.  Additionally, after the Defendant’s arrest, he was taken to the Palm Beach County Jail for breath testing where he submitted to a breath test.

The Defense:
Brian P. Gabriel, Esquire set depositions of the arresting officer of the case and determined that some of his actions were not proper.  Issues of the traffic stop, field sobriety tests and the alleged improper breath test were all contested by Brian P. Gabriel, Esquire by filing of motions to suppress.

The Win:
Following the filing of the motions to suppress, Brian P. Gabriel, Esquire and the State Attorney eventually were able to meet and discuss the legal issues.  Considering all circumstances surrounding the traffic stop, the investigation and the alleged breath test, the State Attorney made the decision to allow the Defendant to resolve his case by pleading to a reduced charge of Reckless Driving.  In return for the plea, the State Attorney’s Office dismissed the DUI charge.

6-27-16 Case No.  2013CT004694AXX

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge:  DUI

The Facts:
Law enforcement alleged that they observed the Defendant speeding and failing to maintain a single lane.  In the traffic stop, law enforcement eventually noticed signs of alcohol impairment.  Law enforcement began improperly questioning the Defendant and had him submit to sobriety tests which were not proper.  Following the sobriety tests, law enforcement placed the Defendant under arrest and transported him to the Palm Beach County Jail for breath testing.  The Defendant did submit to a breath test, but had problems with the instrument and submitted to four “volume not met” samples of a .178, .183, .176 and .147.

The Defense:
Brian P. Gabriel, Esquire took statements from all witnesses involved in the case and eventually determined there were numerous evidentiary issues which could be brought before the Court in motions to suppress.  Brian P. Gabriel, Esquire filed motions to suppress dealing with the traffic stop, custodial interrogation, field sobriety testing and, of course, the breath tests.

The Win:
Following the filing of motions to suppress, Brian P. Gabriel, Esquire and the Assistant State Attorney in charge of the case met to discuss all legal issues.  Considering all circumstances surrounding the traffic stop, the roadside investigation, and the breath tests submitted in this case, the State Attorney made the decision to allow the Defendant to resolve his case by pleading to a reduced charge of Reckless Driving.  In return for the plea, the State Attorney’s Office dismissed the DUI charge.

5-31-16 Case No. 2016TR046149AXX

      • Judge Sandra Bosso-Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge:  Running a Steady Red Signal Causing Death

The Facts:
The Defendant was involved in a motor vehicle crash which, unfortunately, resulted in the other driver’s death.  The Defendant was investigated at the scene and later was investigated regarding the filing of Vehicular Manslaughter charges.

The Defense:
Brian P. Gabriel, Esquire was able to meet with the investigating officer and discuss certain legal issues which were extremely relevant to the officer’s decision of whether to file a felony charge of Vehicular Manslaughter versus an infractionary charge of Running a Steady Red Signal Causing Death.  Issues regarding causation of death were raised, along with the Defendant’s complete cooperation.

The Win:
Following all meetings with law enforcement and the State Attorney’s Office involved with this case, the government made the decision to file the infractionary charge of Running Steady Red Signal Causing Death instead of the felony charge of Vehicular Manslaughter.  Ultimately, at a hearing, the Court imposed a sentence requiring the Defendant to complete a 4 hour driving school, 120 hours of community service, fines and costs, along with a suspension of his driving privilege.

3-26-16: Case No. 2016CT3860AXX

      • Judge Sandra Bosso Pardo
      • Palm Beach County, County Court, Criminal Division
      • Charge:  Driving Under Suspension

The Facts:
Law enforcement made a traffic stop of the Defendant and eventually determined that the Defendant’s driver’s license had been suspended due to an insurance issue.  The Defendant claimed to law enforcement that he had no knowledge of it; however, law enforcement still ticketed the Defendant with the criminal charge of Driving Under Suspension.

The Defense:
Brian P. Gabriel, Esquire was able to determine from discussions with the Defendant’s insurance company that there was a problem with notification, and after having that issue resolved had the Defendant reinstate his driving privilege.

The Win:
Following the reinstatement of the Defendant’s driver’s license and proper proof to the State Attorney’s Office regarding the insurance issues, the State Attorney’s Office made the decision to drop all charges.

3-23-16: Case No.:   2015-033671   

      • Judge Caroline Shepherd
      • Palm Beach County Circuit Court, Criminal Division
      • Charge: Extradition

The Facts:
The Defendant was a businessman that dealt with companies throughout the United States.  It was alleged in a civil dispute that the Defendant’s company had provided the company in the State of Louisiana a check that was not proper and it eventually bounced.  The Louisiana jurisdiction eventually had a warrant for the Defendant’s arrest which was properly codified to become a Florida warrant.

The Defense:
Brian P. Gabriel, Esquire was able to appear with the Defendant at a court hearing where he challenged the extradition and made the specific request to the Court to issue an extradition bond, allowing his release so that he could personally travel to Louisiana to rectify the situation.

The Win:
The Court, having reviewed all the pertinent facts regarding this dispute, ruled that it would be appropriate to give the Defendant an extradition bond so that he could bond out of custody and report himself in person to Louisiana to rectify the situation. The Defendant was ultimately released on an extradition bond and was able to have all charges of extradition dismissed.

12-7-15: Case No.: 2012CT022768AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
Law enforcement was called to the Jupiter home of the defendant regarding the fact that the defendant had been harassing his soon-to-be ex-wife during their divorce proceedings. The ex-wife told law enforcement that the defendant was driving drunk and that she was in fear due to his military background that he may be armed. Approximately an hour later, law enforcement observed a vehicle matching the description of the defendant’s vehicle and made a traffic stop while at no time ever observing any type of improper driving, driving infraction or the commission of any crime. After the traffic stop, law enforcement investigated the defendant and determined that he was allegedly under the influence of alcohol and arrested him for DUI.

The Defense:
Brian P. Gabriel, Esquire set the deposition of the arresting officers in the case. Those officers, at their deposition, confirmed the fact that again they observed the defendant doing nothing wrong and made an investigatory traffic stop. The issue of the traffic stop was contested by Brian P. Gabriel, Esquire filing a motion to suppress the traffic stop and all evidence flowing from that traffic stop, including the defendant’s arrest for DUI. Additionally, the defense sought to have suppressed the defendant’s breath test which registered over four times the legal limit.

The Win:
Following the filing of this motion to suppress the traffic stop, Brian P. Gabriel, Esquire and the State Attorney in charge of this case met to discuss the legal issues. Considering all circumstances surrounding the traffic stop and the litigation of the case for numerous years, the State Attorney made the decision to allow the defendant to resolve this case by pleading to a reduced charge of Reckless Driving. In return for the plea, the State Attorney’s Office dismissed the DUI charge.

11-20-15: Case No.: 2015CF007922AXX

      • Judge Karen Miller
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Child Abuse

The Facts:
Law enforcement was called to the scene of the defendant’s home were she and her husband had been arguing. The defendant’s small children were present during the argument and the boyfriend alleged that the defendant grabbed one of the children, choking them. The apartment at the time was in shambles considering certain objects had been thrown about the place, resulting in glass and other aspects of a dangerous environment in the home.

The Defense:
Brian P. Gabriel, Esquire was able to meet with the Special Assistant State Attorney assigned to this case and demonstrate that the facts of the case pointed toward a domestic situation more than a Child Abuse charge. Considering the additional issues which arose in the case dealing with improper contact of the boyfriend by the defendant following her initial arrest, additional charges were filed

The Win:
Brian P. Gabriel, Esquire was able to discuss with the State Attorney a resolution wherein the defendant received no felony adjudication and was placed on probation, having to show proof that she completed a substance abuse counseling course along with a parenting course.

11-16-15: Case No.: 2012CT027697AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
In the early morning hours, a Deputy from the Palm Beach County Sheriff’s Office observed the defendant’s vehicle traveling without its rear lights illuminated. The traffic stop occurred, and eventually additionally law enforcement officers were summoned to the scene. Once several officers were present, law enforcement began a DUI investigation, eventually arresting the defendant for DUI. Following the defendant’s arrest, he was taken to the Palm Beach County Jail for breath testing and blew over the legal limit.

The Defense:
Brian P. Gabriel, Esquire filed numerous motions to suppress evidence dealing with the traffic stop, destruction of evidence, including the sound from the roadside video, different aspects of the field sobriety tests, issues with the roadside video, and numerous issues dealing with the breath test administered in this case.

The Win:
Following numerous conferences with the Assistant State Attorney in charge of the case, the State made the decision that the numerous legal issues filed by Brian P. Gabriel, Esquire in the motions to suppress were well-grounded and allowed the defendant to resolve his case to the reduced charge of Reckless Driving. In return for that plea, the State Attorney’s Office dismissed the DUI charge.

11-16-15: Case No.: 2012CT028153AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was observed driving erratically which eventually led to the traffic stop by law enforcement. During their investigation, law enforcement alleged that they observed different signs of impairment upon the defendant, and eventually conducted a DUI investigation which eventually led to the arrest of the defendant for DUI.

The Defense:
Brian P. Gabriel, Esquire filed numerous motions to suppress dealing with the legality of the traffic stop, the roadside investigation and the breath test administered in this case.

The Win:
Considering all of the legal issues raised by the defendant’s motions to suppress, the defense and the State Attorney’s Office met to discuss whether the case could survive a trial. Ultimately, the State Attorney’s Office made the decision that in lieu of arguing all motions to suppress, the State would reduce the charge to Reckless Driving which the defendant accepted. The defendant’s charge of DUI was dismissed in return for him entering a plea to the reduced charge of Reckless Driving.

11-16-15: Case No.: 2014CT002757AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was involved in a motor vehicle accident, running into another vehicle which had stopped at an intersection. Following the accident, law enforcement arrived and after completing an accident investigation turned their attention to the defendant regarding a possible charge of DUI. After the defendant submitted to sobriety tests, he was eventually arrested for DUI.

The Defense:
Brian P. Gabriel, Esquire set depositions of the officers involved in the case. From the depositions, numerous legal issues arose regarding the propriety of the accident investigation, law enforcement’s improper change of hats to a criminal investigation, sobriety testing, and ultimately the breath test. Brian P. Gabriel, Esquire filed numerous motions to suppress dealing with all of the legal issues.

The Win:
Following numerous conferences with the Assistant State Attorney in charge of the case, the State Attorney’s Office made the decision in lieu of arguing the motions to suppress, to allow the defendant to enter a plea to the reduced charge of Reckless Driving. The DUI charge was dismissed in return for the defendant entering a plea to Reckless Driving.

11-9-15: Case No.: 15MM011216AXX

      • Judge Laura Johnson
      • Palm Beach County, County Court, Criminal Division
      • Charge: Possession of Marijuana

The Facts:
Following a traffic stop of the defendant, law enforcement saw indicators of the defendant who was driving the vehicle that he may be under the influence of marijuana. A subsequent search of the vehicle detected the presence of marijuana, wherein inside the vehicle a small plastic bag containing marijuana was seized. The marijuana weighed over 20 grams, classifying it as a felony.

The Defense:
Brian P. Gabriel, Esquire was able to discuss with the State the felony drug charge and was able to get the Assistant State Attorney reviewing the case to make the decision to downfile the charge to a misdemeanor marijuana possession. After the case was downfiled to a misdemeanor, and all felony charges were dropped, Brian P. Gabriel, Esquire met with the new State Attorney handling the misdemeanor case to discuss the legal issues regarding the search of the vehicle.

The Win:
Following the discussions by Brian P. Gabriel, Esquire with the State Attorney in charge of the case, the State Attorney’s Office made the decision that if the defendant successfully completed 10 hours of community service and an online drug education class that all charges would be dismissed. All charges were dismissed.

10-30-15: Case No.: 2015CT004594AXX

      • Judge Daliah Weiss
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant’s vehicle was observed stopped in a private community on the sidewalk. The car was seen there for quite some time with no movement. Eventually, law enforcement officers were summoned to the private community wherein they awoke the defendant and eventually had her perform certain sobriety tests, leading to her arrest for DUI. Following her arrest, the defendant submitted to a breath test which was above the legal limit.

The Defense:
Brian P. Gabriel, Esquire was able to show the Assistant State Attorney in charge of the case that there were different legal issues that arose following this case. Those legal issues centered around law enforcement’s jurisdiction to be in a private community, their investigation at the roadside, and the propriety of the breath test administered in this case.

The Win:
Following several conferences with the Assistant State Attorney in charge of the case, the State made the decision that the numerous legal issues raised by Brian P. Gabriel, Esquire were well-grounded and allowed the defendant to enter a plea to the reduced charge of Reckless Driving. In return for the plea to the lesser charge of Reckless Driving, the DUI charge was dismissed.

10-26-15: Case No.: 2011CT029194AXX

      • Judge Marni Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was involved in a minor vehicle accident. Following the accident, the defendant left the scene and went a short distance to his home where law enforcement pursued the defendant to his house. Eventually, law enforcement had the defendant attempt to submit to sobriety testing which ultimately led to the arrest of the defendant for DUI.

The Defense:
Brian P. Gabriel, Esquire filed numerous motions to suppress, including the legality of the traffic stop, the propriety of field sobriety testing, the change of hats into a criminal investigation, along with the legality of the breath test administered in this case.

The Win:
After a thorough case review and meeting with the State Attorney’s Office, the State made the decision to dismiss the DUI charge and allow the defendant to enter a plea to the reduced charge to Reckless Driving.

10-26-15: Case No.: 2012CT006358AXX

      • Judge Marni Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was stopped and eventually arrested for DUI. Following his arrest for DUI, the defendant submitted to a breath test which was above the legal limit.

The Defense:
Brian P. Gabriel, Esquire filed numerous motions to suppress dealing with the propriety of the breath test administered in this case. While those issues were being litigated for several years, the State ultimately decided to offer a reduced plea resolution.

The Win:
After meeting with the State Attorney in charge of this case, the State made the decision to offer the defendant a plea to a reduced charge of Reckless Driving which the defendant accepted. The DUI charge was dismissed.

10-26-15: Case No.: 2011CT024790AXX

      • Judge Marni Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was observed pulling up to a traffic intersection late at night by law enforcement. Law enforcement alleged that the defendant pulled past the stop bar designating where a vehicle should stop. After the light changed green, the defendant proceeded and eventually law enforcement activated their blue lights and made the traffic stop a short distance from that intersection. Following the traffic stop, additional law enforcement officers were summoned and a DUI investigation took place resulting in the defendant’s arrest for DUI. Following her arrest, the defendant was transported to the Palm Beach County Jail for breath testing and submitted to a breath test which was above the legal limit.

The Defense:
Brian P. Gabriel, Esquire challenged the legality of the traffic stop along with law enforcement’s investigation and the propriety of the breath test administered in this case. Numerous motions to suppress were filed raising each of these issues.

The Win:
After a thorough review of the legal issues raised in the motions to suppress by Brian P. Gabriel, Esquire, the State Attorney’s Office made the decision to allow the defendant to enter a plea to a reduced charge of Reckless Driving. The DUI charge was dismissed.

10-22-15: Case No.: 2011MM019686AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was stopped by law enforcement for improper driving. Once law enforcement had the defendant out of the vehicle, the DUI investigation began which eventually led to the defendant being charged with DUI. Following her arrest, she was taken to the Palm Beach County Jail where she submitted to a breath test which was above the legal limit.

The Defense:
Brian P. Gabriel, Esquire was able to show to the State the different legal issues which existed in the case and discussed the filing of numerous motions to suppress. Ultimately, following the numerous challenges to the breath test administered in this case, the State Attorney’s Office realized the strength of their case.

The Win:
Brian P. Gabriel, Esquire was able to have the State agree to reduce the charge from DUI to Reckless Driving. Considering the age of the case and along with other evidentiary factors, the State Attorney’s Office agreed that the best resolution was to resolve the case through a Reckless Driving plea. The DUI charge was dismissed.

10-16-15: Case No.: 2014CT010077AXX

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
It was alleged by law enforcement that the defendant was involved in a minor motor vehicle crash. The defendant asserted that the traffic crash was a set up and that the individual involved was only after the same for the sake of an insurance settlement. When the first law enforcement arrived, he informed the defendant that she could leave due to the fact that there did not appear to be any accident or damage. Unfortunately, additional law enforcement officers arrived and eventually these officers began a DUI investigation, resulting in the defendant being placed under arrest for DUI.

The Defense:
Brian P. Gabriel, Esquire was eventually able to obtain the in-car video from other officers present at the scene. From that video, officers could be heard discussing the fact that no real motor vehicle crash probably occurred due to the fact that no damage was being shown to the vehicles. This issue, along with numerous other issues following law enforcement’s investigation were raised. Additionally, Brian P. Gabriel, Esquire discussed with the State Attorney’s Office these numerous legal issues, arguing that the same raised significant issues of whether or not the State should move forward with the motions to suppress. Additionally, the impropriety of the breath test was challenged in this case.

The Win:
After motion hearings dealing with the alleged impropriety of the breath test offered in this case, along with the other legal issues offered, the State made the decision that the numerous legal issues raised by Brian P. Gabriel, Esquire were well-grounded and allowed the defendant to resolve the case to a reduced charge of Reckless Driving. In return for that plea, the State Attorney’s Office dismissed the DUI charge completely.

10-14-15: Case No.: 2015MM011795AMB

      • Judge Daliah Weiss
      • Palm Beach County, County Court, Criminal Division
      • Charge: Boating Under the Influence

The Facts:
It was alleged by law enforcement that the defendant was seen switching seats with the driver of the vessel as law enforcement arrived. Law enforcement had argued that the defendant took over control of the boat due to the fact that the other individual, his mother, was under the influence. Law enforcement boarded the vessel and conducted a safety equipment inspection, but eventually took both the defendant and his mother to land to conduct a DUI investigation. The defendant refused to perform any sobriety tests, again informing law enforcement that he was never in control of the vessel at any point in time.

The Defense:
Brian P. Gabriel, Esquire was able to demonstrate to the State Attorney’s Office at all the evidence they had, even if the defendant was seen as the driver, would never be able to garnish them a conviction for Boating Under the Influence. Additionally, Brian P. Gabriel, Esquire discussed with the State Attorney’s Office numerous legal issues dealing with law enforcement’s improper investigation on the water, and argued with the State that this case would never survive at trial.

The Win:
Following the numerous discussions with the State Attorney in charge of the case, Brian P. Gabriel, Esquire was able to get the State Attorney to completely abandon prosecution of this case and enter a No File, dismissing all charges against the Defendant.

8-27-15: Case No.: 15CT012136AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: Leaving Scene of Accident

The Facts:
The defendant was cited for improperly backing in a parking lot resulting in an accident to which the defendant then left the scene without filing a proper police report. Eventually, law enforcement tracked the vehicle down and the defendant acknowledged the accident but did not have knowledge of it at the time.

The Defense:
Brian P. Gabriel, Esquire was able to speak to witnesses and the defendant and eventually demonstrated to the State Attorney’s Office that the sufficient knowledge for the Leaving Scene of Accident charge did not exist. The defense offered to have any damage that did result covered by insurance and additionally the defendant completed a 4 hour driving school.

The Win:
Considering the defendant’s actions in this case, his lack of driving record, and the fact that the insurance paid for the minor amount of damages, the State Attorney’s Office dismissed all charges.

8-26-15: Case No.: 15CF006910AXX

      • Judge Samantha Schosberg-Feuer
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Battery on Law Enforcement Officer

The Facts:
The defendant resided at a half-way house and, unfortunately, got into an argument with other residents. The defendant was asked to leave the half-way house, and as the argument continued, law enforcement officers arrived. Law enforcement alleged that the defendant refused to leave and, during the struggle and being arrested for Trespass, the defendant allegedly kicked the officers, resulting in a Battery on a Law Enforcement charge.

The Defense:
Brian P. Gabriel, Esquire first examined all of the relevant facts as alleged, and after speaking with additional witnesses was able to determine that the defendant merely struggled with the officers as she was being arrested. The defendant thought she was being arrested and was clearly under the influence of drugs or alcohol.

The Win:
Considering the underlying facts of the case, Brian P. Gabriel, Esquire was able to speak with the State Attorney’s Office and eventually persuaded them to dismiss all charges, including the felony Battery on Law Enforcement Officer and Trespass charge.

8-24-15: Case No.: 15CT01655AXX

      • Judge Marni Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: Driving Under Suspension

The Facts:
The defendant was stopped for allegedly speeding and not wearing his seatbelt. After the traffic stop, law enforcement determined the defendant’s driver’s license was suspended. The defendant was arrested and charged with Driving Under Suspension, Speeding and Seatbelt Violation.

The Defense:
Brian P. Gabriel, Esquire was able to review the defendant’s driving record and determined that his license could be reinstated. Brian P. Gabriel, Esquire assisted the defendant in having his license reinstated.

The Win:
Following the defendant’s reinstatement of his license, the defendant was able to present a copy of the same to the Assistant State Attorney in charge of the case and Brian P. Gabriel, Esquire was able to successfully argue for a dismissal of all charges, including Driving Under Suspension, Speeding and the Seatbelt Violation.

8-21-15: Case No.: 15MM001927AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: Carrying Concealed Weapon

The Facts:
The defendant was going home to see his parents when he boarded an international flight. Unfortunately, the defendant did not know that his minor child had found what could be called a pair of brass knuckles, and had stuck the same in the defendant’s backpack prior to leaving for the airport. Once at the airport, the screeners saw this object which they classified as a weapon and eventually arrested the defendant for Carrying Concealed Weapon.

The Defense:
Brian P. Gabriel, Esquire was able to demonstrate that the defendant was taking this international flight to go to the funeral of his father, and that considering the backpack and all other items found during the search, did not demonstrate sufficient evidence that the defendant had any knowledge that this item was in his backpack. Brian P. Gabriel, Esquire had numerous discussions with the State Attorney’s Office in attempts to resolve this case prior to any trial.

The Win:
Following the numerous conferences with the State Attorney’s Office, the State agreed to dismiss all charges in return for the defendant performing ten (10) community service hours. The case was dismissed.

7-29-15: Case No.: 2015CT010216AXX

      • Judge Laura Johnson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was alleged to have been seen by law enforcement running a steady red light and then traveling southbound on Alternate A1A at a high rate of speed. Law enforcement officers were in the area witnessing these alleged violations and made a traffic stop of the defendant. During the traffic stop, the defendant made admissions that he had a couple of drinks at a local bar establishment, and allegedly acknowledged that he ran the stop sign. Law enforcement officers had the defendant perform certain sobriety exercises, alleging that he failed the same and placed him under arrest for DUI where he was taken to a breath testing center for a breath test. At that time, the defendant refused to administer any breath test.

The Defense:
Brian P. Gabriel, Esquire was successful in looking at and reviewing the case to determine the legal issues that may be raised during trial. Eventually, Brian P. Gabriel, Esquire met with the Assistant State Attorney in charge of the case, and after discussing the legal issues, came to the agreement that the defendant would be eligible for the State’s diversionary program.

The Win:
The State Attorney’s Office, after reviewing all relevant facts and legal issues raised by Brian P. Gabriel, Esquire, made the decision to allow the defendant to enter a plea to a lesser charge of Reckless Driving and dismiss the DUI charge.

7-10-15: Case No.: 15CF002174AXX

      • Judge Barry Cohen
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Burglary

The Facts:
The Defendant was assisting a friend in picking up certain property and drove the friend to a nearby residence. That individual went into the residence to obtain his belongings, and after a period of time the defendant left his vehicle and entered inside the residence additionally. At that time, other individuals that owned the residence saw the defendant inside and alleged that he had no right to be inside that property. The defendant fled. The defendant was questioned by police a short distance away and was arrested for Burglary of a Structure and Grand Theft.

The Defense:
Brian P. Gabriel, Esquire was able to demonstrate to the State that the defendant had no knowledge that his friend may have been potentially robbing this house. The State realized the defendant was in the wrong place at the wrong time and had no intention of committing crimes.

The Win:
Following numerous discussions with the State Attorney in charge of the case, the State Attorney’s Office made the decision to reduce the felony charge to a misdemeanor Trespass charge, allowing the defendant to enter a simple plea to the same. The defendant additionally had to pay court costs and a restitutionary charge.

6-15-15: Case No. 15CT010852AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: Driving Under Suspension; No Proof of Insurance; Failure to Move Over for Emergency Vehicles

The Facts:
The defendant was stopped for allegedly failing to move over for emergency vehicle. After the traffic stop, law enforcement discovered that the defendant did not have proper proof of insurance and that his driver’s license had been suspended.

The Defense:
Brian P. Gabriel, Esquire investigated the defendant’s driving record. This revealed that certain items on his driving record were reported as not paid, thereby suspending his driver’s license. Brian P. Gabriel, Esquire assisted the defendant in supplying the Court with the appropriate payments and proof of the appropriate driving schools that needed to be attended to. Following the same, Brian P. Gabriel, Esquire was able to assist the defendant in obtaining a valid Florida license.

The Win:
Following the defendant’s proof that his license was proper, Brian P. Gabriel, Esquire was able to have the State Attorney dismiss all charges, including the Driving Under Suspension charge, No Proof of Insurance and Failure to Move Over for Emergency Vehicle.

5-28-15: Case No.: 15CF001315AXX

      • Judge Samantha Schosberg-Feuer
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Felony Criminal Mischief

The Facts:
The defendant is a registered offender. A dispute between him and his neighbor arose. During the incident, the defendant was adversely affected by new medications and had consumed unknown quantities of alcohol. Alleged damage was done to the neighbor’s mailbox, fence and outside furniture. Law enforcement were summoned to the scene, calmed the scene down, and eventually ended up arresting the defendant for Felony Criminal Mischief.

The Defense:
Brian P. Gabriel, Esquire was able to determine the underlying disdain between these two neighbors. Explaining the same and the reasons for the same to the Prosecutor, the State Attorney’s Office agreed with the defense and was able to reach an amicable resolution to this case.

The Win:
Following these discussions with the State Attorney’s Office, Brian P. Gabriel, Esquire was able to get the State to allow the defendant to enter a plea to the Criminal Mischief charge, reducing the same to a first degree misdemeanor, and have the defendant pay restitution and court costs. All of the felony charges were dismissed.

5-27-15: Case No.: 15CT007262AXX

      • Judge Laura Johnson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was observed driving in the wrong lane, heading the wrong direction. The officer observed the defendant correct himself, causing the vehicle at that point in time to drive over into the yard. Law enforcement officers followed the vehicle for a short while and eventually made a traffic stop of the defendant. At that time, the defendant made admissions that he had been drinking alcohol and that thereby led law enforcement into a DUI investigation. Eventually, the defendant was arrested for DUI and refused all breath testing.

The Defense:
Brian P. Gabriel, Esquire was able to review all relevant facts to determine certain legal issues that may result in this case not being a triable offense. In the meeting with the Assistant State Attorney to discuss these legal issues, the State Attorney’s Office made the decision that it would be appropriate for the defendant to enter into the State’s diversionary program.

The Win:
Through the discussions by Brian P. Gabriel, Esquire with the Assistant State Attorney in charge of the case, the State made the decision to dismiss the DUI charge, allowing the defendant to enter into a plea to a Reckless Driving charge, a lesser offense.

4-24-15: Case No.: 15MM004592AMB

      • Judge Debra Moses Stephens
      • Palm Beach County, County Court, Criminal Division
      • Charge: Domestic Battery

The Facts:
Law enforcement was summoned to the defendant’s house involving a disagreement with the defendant and his wife. When law enforcement arrived, both individuals were outside the house yelling and arguing. The husband informed law enforcement that during the argument his wife slapped him, knocking his glasses to the ground. Law enforcement took these facts and eventually arrested the wife, charging her with Domestic Battery. Law enforcement officers did note that both individuals were intoxicated at the time.

The Defense:
Brian P. Gabriel, Esquire spoke at length with the defendant and the alleged victim. Eventually, it was understood that the alleged victim was truly the aggressor and had no intention to want to continue the prosecution of his wife. This information was compiled and eventually presented to the State Attorney’s Office during their intake process for a Domestic Battery charge.

The Win:
Following the conference with the Assistant State Attorney in charge of the case, the State made the decision that the facts did not warrant this charge and dropped all charges against the defendant.

4-8-15: Case No.: 15CT002854AMB

      • Judge Laura Johnson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was seen by law enforcement pulling out in front of a police officer, almost causing a collision. Law enforcement then paced the defendant who was allegedly speeding 65 miles per hour in a 45 zone. Law enforcement eventually made a traffic stop, and following a DUI investigation, ended up placing the defendant under arrest for DUI. The defendant submitted to a breath test, blowing a .139 and .136 blood alcohol level.

The Defense:
Brian P. Gabriel, Esquire, after a thorough review of the facts of the case, determined that certain legal issues could be argued at a motion to suppress hearing. Following the discussions with the State Attorney’s Office, the Assistant State Attorney made the decision that this case would be the proper case to allow entry into their diversionary program.

The Win:
Following several conferences with the Assistant State Attorney in charge of the case, the State Attorney’s Office made the decision that the DUI charge should be dismissed and allowed the defendant to enter a plea to a reduced charge of Reckless Driving. In return for that plea, the State Attorney’s Office dismissed the DUI charge completely.

4-1-2015: Case No. 2015CT000029AXX

      • Judge Laura Johnson
      • Palm Beach County, County Court, Criminal Division
      • Charge: Reckless Driving

The Facts:
The Defendant was seen by law enforcement driving his 2010 Aston Martin at speeds approaching 100 miles an hour on U.S. Highway One. Law enforcement alleged that considering the roadway had a speed limit of 35 miles an hour, that the Defendant exhibited a wanton disregard for the safety of pedestrians and motorists on the highway and arrested the Defendant for Reckless Driving.

The Defense:
Brian P. Gabriel, Esquire first investigated the area where the alleged crime took place. It was determined that certain speed limits were not as low as alleged by law enforcement, and furthermore that the Defendant’s driving pattern was not one where any other individual was ever endangered.

The Win:
After a thorough case review and discussions with the State Attorney’s Office, the State agreed to dismiss all charges if the Defendant completed a 4 hour driving school and 15 hours of community service. The same was done and all charges were completely dismissed.

3-27-15: Case No.: 15CT006668AMB

      • Judge Marni Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The defendant was seen driving her SUV at a high rate of speed on PGA Boulevard. Law enforcement clocked the vehicle doing over 65 miles per hour in a posted 45 zone. Law enforcement eventually made a traffic stop on the individual, and upon having contact with the driver noticed normal signs pointing toward a DUI. The defendant was alleged to have performed sobriety tasks on the side of the road and demonstrated sufficient clues of alcohol impairment to be able to be arrested. The defendant was eventually taken to the breath testing center where she submitted to a breath test, blowing a .148 and .150.

The Defense:
Brian P. Gabriel, Esquire examined all of the evidence in the case and determined that several legal issues appeared to exist from law enforcement’s investigation. Furthermore, Brian P. Gabriel, Esquire questioned the propriety of the breath test administered in this case.

The Win:
Following the numerous discussions with the Assistant State Attorney in charge of the case, and demonstrating that this case was determined to be appropriate for the State’s diversionary program, the State Attorney’s Office made the decision to reduce the charge from a DUI and allowed the defendant to plead to a lesser charge of Reckless Driving. In return for the plea, the DUI charge was dismissed.

3-24-2015: Case No. 2014CF011238AXX

      • Judge Samantha Schlosberg-Feuer
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Public Assistance Fraud

The Facts:
Law enforcement alleged that for a period of approximately two years, the Defendant had fraudulently provided information to the State in an attempt to obtain certain food stamp and public assistance benefits illegally.

The Defense:
Brian P. Gabriel, Esquire first thoroughly reviewed all records dealing with financial fraud of the public assistance program. After discussions of the same regarding certain issues, Brian P. Gabriel, Esquire met with the Assistant State Attorney prosecuting the case and was able to amicably reach certain resolutions.

The Win:
Brian P. Gabriel, Esquire, through his efforts, was able to persuade the Assistant State Attorney to not convict the Defendant of the crime charged, and instead simply place her on probation with orders for payment of restitution.

3-24-2015: Case No. 2014CF012521AXX

      • Judge John Kastrenakes
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Burglary of Structure and Grand Theft

The Facts:
It was alleged by law enforcement that the Defendant entered a marine facility and was seen getting on to a boat and allegedly stealing several fishing reels from that vessel. Law enforcement investigated this crime and spoke to several persons on the dock and around the boat who eventually allegedly identified the Defendant as the culprit. When law enforcement questioned the Defendant, he adamantly denied the same. It was alleged by law enforcement that video evidence would reveal the fact that the Defendant was, in fact, the culprit.

The Defense:
Brian P. Gabriel, Esquire launched a thorough investigation of the facts as alleged. It was determined that the Defendant had an alibi for the time of this offense and assisted the Defendant in establishing the same. Furthermore, Brian P. Gabriel, Esquire attempted to obtain from law enforcement certain evidence and was able to eventually show the Assistant State Attorney prosecuting the case that law enforcement, in fact, did not have the evidence. Eventually, certain “eyewitnesses” recanted their versions of the events.

The Win:
Through the investigation and efforts by Brian P. Gabriel, Esquire, it was determined that the State Attorney’s Office would immediately abandon prosecution of the case and all charges were completely dismissed.

3-10-2015: Case No. 2014CT001391AXX

      • Judge Daliah Weiss
      • Palm Beach County, County Court, Criminal Division
      • Charge: Driving Under Suspended License

The Facts:
The Defendant was cited for Driving Under Suspended License. The Defendant’s driving privileges had previously been suspended for five years due to a Habitual Traffic Offender status.

The Defense:
Brian P. Gabriel, Esquire first examined the Defendant’s driving record. It was determined after a thorough review that the five year Habitual Offender status could not be removed from the Defendant’s driving record. Following Mr. Gabriel’s investigation, the case was worked on for over a year with the Defendant making all steps necessary in an attempt to obtain a restricted driver’s license. Eventually, after one year, the Defendant was able to obtain a driver’s license that was restricted for business purposes.

The Win:
Considering the Defendant had obtained a driver’s license, even though restricted, the State Attorney’s Office agreed to not sentence the Defendant to a considerable jail sentence and instead allowed the Defendant to be adjudicated guilty and pay court costs only.

3-2-2015: Case No. 2014MM012139AXX

      • Judge Debra Moses Stephens
      • Palm Beach County, County Court, Criminal Division
      • Charge: Domestic Battery

The Facts:
The Defendant was alleged to have committed the crime of Domestic Battery against his fiancee while out in their boat. The alleged victim stated that after a verbal argument, the Defendant began throwing the victim’s personal items overboard and eventually forced and pushed her overboard. The victim swam to shore and eventually went back to the Defendant’s home. After a brief verbal altercation with the Defendant, law enforcement was summoned and eventually the Defendant was arrested for the crime of Domestic Battery.

The Defense:
Brian P. Gabriel, Esquire first thoroughly reviewed the facts of the case. After visiting the area of this alleged attack and finding other boaters that had allegedly witnessed the event, investigators were used to obtain exculpatory statements from them. After a deposition of the victim which was requested of the Court and eventually granted, Brian P. Gabriel, Esquire was able to flush out a more thorough picture of the events that night.

The Win:
After discussions with the State Attorney’s Office following the victim’s deposition, the parties were able to agree that if the Defendant were to have no contact with the alleged victim and pay a $50.00 cost of prosecution, all charges would be dismissed.

2-20-2015: Case No. 2014CT023074AXX

      • Judge Marni Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: Driving Under Suspended License

The Facts:
The Defendant was stopped and charged with Driving Under Suspended License. His license had been previously suspended for five years due to his Habitual Traffic Offender status.

The Defense:
Brian P. Gabriel, Esquire initially reviewed the Defendant’s driving record. Mr. Gabriel’s first step was to determine whether or not there would be any way of removing the five year Habitual Traffic Offender suspension that existed on the Defendant’s license. After a thorough review, it was determined that the five year suspension could be removed if several prior charges could be modified. Brian P. Gabriel, Esquire filed motions in those prior cases and eventually had the Court modify the sentence. With the modification in hand, Mr. Gabriel was able to persuade the Department of Motor Vehicles to unsuspend the Defendant’s license for the five years. Mr. Gabriel then assisted the Defendant in clearing all other issues on his driving record and obtaining a valid driver’s license.

The Win:
Following all of Mr. Gabriel’s directives, the Defendant cleared his license and obtained a valid driver’s license. With the five year suspension removed and all other suspensions cleared, Brian P. Gabriel was able to persuade the Prosecutor in the case to dismiss all charges.

2-10-2015: Case No. 2014MM000662A

      • Judge Gerald Bryant
      • Okeechobee County, Criminal Division
      • Charge: DUI, Possession of Marijuana and Possession of Paraphernalia

The Facts:
Law enforcement alleged that they were dispatched to a reckless driver driving on the Florida Turnpike. Law enforcement were summoned to the area and eventually observed the Defendant’s vehicle driving somewhat erratically. The Defendant’s vehicle then, on its own, pulled over onto the side of the road. Law enforcement pulled behind the Defendant, and as they approached the Defendant’s vehicle could smell the odor of marijuana coming from the Defendant’s vehicle. The Defendant was questioned and eventually admitted possession of a small amount of marijuana along with marijuana paraphernalia. Law enforcement suspected the Defendant was under the influence and had him perform field sobriety tests which he failed. The Defendant informed law enforcement that he had previously suffered a traumatic brain injury and that some of these tests would be rather difficult for him to perform. The Defendant was arrested and taken to jail where a breath test was obtained, with a .000 negative result. Law enforcement requested the Defendant to submit to a urine test which he did and which eventually revealed marijuana in his system.

The Defense:
Brian P. Gabriel, Esquire was successful in not having the Defendant’s driver’s license administratively suspended. Mr. Gabriel additionally investigated the facts and determined that there was a lack of any real evidence pointing toward drug impairment versus the Defendant’s traumatic brain injury. After extensive discussions with the State Attorney and providing the State Attorney with certain medical records outlining the Defendant’s prior traumatic brain injury, it was agreed by the State that there was a lack of sufficient evidence to prosecute the Defendant for DUI.

The Win:
The State Attorney’s Office, after reviewing all information by Mr. Gabriel, decided to abandon and not prosecute the Defendant for DUI, and allowed the Defendant to enter a probationary plea for the Possession of Marijuana charge and Possession of Paraphernalia charge. He was not adjudicated of the crimes and was placed on probation with the conditions being that he had to be randomly tested for alcohol or other intoxicants and obtain a substance abuse evaluation and follow any recommended treatment, if necessary. Again, Mr. Gabriel was successful in having the DUI charge never brought against the Defendant.

12-22-2014: Case No. 2014CF011927AXX

      • Judge Sandra McSorley
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Felon in Possession of Schedule III Drugs and Possession of Paraphernalia

The Facts:
The Defendant was seen driving erratically and eventually a traffic stop occurred. During the eventual law enforcement investigation during the traffic stop, law enforcement searched the Defendant’s vehicle and eventually found illegal drugs and paraphernalia inside the vehicle.

The Defense:
Brian P. Gabriel, Esquire immediately began investigating the facts underlying in this case. It was determined that the Defendant had just obtained his vehicle from out of police storage following a traffic accident several months previously. The car had been removed from storage and was immediately taken to a repair facility. Brian P. Gabriel, Esquire was able to properly document all of these events and was able to demonstrate to law enforcement that even if the drugs were found in the vehicle, the constructive possession attaching to the Defendant was extremely weak.

The Win:
Following numerous conferences with the Assistant State Attorney regarding the facts and charges of the case, the State made the decision to dismiss all charges.

12-2-2014: Case No. 2014CF000997CF

      • Judge Elizabeth Metzger
      • Martin County, Circuit Court, Criminal Division
      • Charge: Grand Theft

The Facts:
The Defendant was employed as a horse trainer and rider at a horse farm/riding facility. It was alleged by law enforcement that the Defendant stole a saddle from the tack room at the ranch, and eventually after her repairs to the same ended up selling the saddle as her own. Law enforcement launched a full investigation regarding the theft, and eventually the Defendant informed law enforcement that she, in fact, did take the saddle and had attempted to re-sell it.

The Defense:
Brian P. Gabriel, Esquire launched a thorough investigation of the facts alleged. It was determined that the Defendant, who lacked any criminal history, did in fact commit the crime. However, her intent was never to harm any persons. The Defendant’s background and her attempts to move forward in her career were thoroughly discussed with the Assistant State Attorney who eventually agreed to lower the charge to a misdemeanor offense.

The Win:
The charge was reduced to misdemeanor Petty Theft and the Defendant entered a probationary plea, along with performance of community services, have an evaluation and successfully complete an anti-theft course.

11-6-2014: Case No. 2013CT028001AXX

      • Judge Mark Eissey
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The Defendant was observed at the traffic stop acting in a rather erratic fashion. Law enforcement arrived and determined that the Defendant was under the influence of drugs or alcohol. Law enforcement did a complete DUI investigation and eventually arrested the Defendant for DUI. Following the arrest, the Defendant was transported to the Palm Beach County Jail for breath testing wherein she refused to submit to a breath test. At all times, law enforcement alleged that the Defendant was acting in a confused, intoxicated manner.

The Defense:
Brian P. Gabriel, Esquire immediately began investigating the allegations by law enforcement in this case. After discussing the case with the officers involved, one main theme became immediately clear, that the Defendant’s mental state should be placed into question. Brian P. Gabriel, Esquire requested the Court to order certain mental evaluations of the Defendant, and after the Defendant had completed numerous examinations by different doctors, she was determined to be incompetent to proceed.

The Win:
Following the finding of the Court of the Defendant’s incompetence, the Assistant State Attorney agreed to drop all charges and a complete dismissal occurred.

10-10-2014: Case No. 14CF007201AXX

      • Judge Karen Miller
      • Palm Beach County Circuit Court, Criminal Division
      • Charge: Felon in Possession of Ammunition

The Facts:
The Defendant was charged as a Convicted Felon in Possession of Ammunition. The Defendant had previously been adjudicated guilty as a felon for certain traffic offenses. It was alleged by law enforcement that he had stolen a firearm from a friend and was in possession of the firearm on his property. As law enforcement investigated, the Defendant cooperated and denied possession of the firearm. It was argued that a friend may have brought a firearm to his property and left the same there. However, the friend was now accusing the Defendant of stealing the firearm. When law enforcement conducted a voluntary search of the Defendant’s residence, they did find several different cartridges of ammunition.

The Defense:
Brian P. Gabriel, Esquire was able to demonstrate to the State how these different rounds of ammunition were old and, in fact, keepsakes from the Defendant’s father who had previously passed away. Considering the lack of evidence demonstrating the Defendant’s intent, along with the fact that the charged crime carried a mandatory prison sentence, the Defendant aggressively sought to demonstrate the Defendant’s lack of motive for committing this crime.

The Win:
Following numerous conferences with the Assistant State Attorney in charge of the case, the State made the decision that the issues with the Defendant’s lack of motive were well-grounded, and considering the same allowed the Defendant to enter a probationary plea to the charge. The conditions of the Defendant’s probation were that he perform some community service hours, pay court costs, and not possess any firearms.

9-16-2014: Case No. 2010TR155323AXX

      • Judge Caroline Shepherd
      • Palm Beach County, County Court
      • Charge: Driving Under Suspended License

The Facts:
The Defendant received citations and eventually had his license suspended for a period of five years due to habitual traffic violations. The Defendant retained the law office of Brian P. Gabriel in an attempt to clarify his record and obtain a new driver’s license.

The Defense:
Brian P. Gabriel, Esquire first reviewed the Defendant’s driving history, and after a thorough investigation of old cases, determined that the Defendant’s driver’s license could be reinstated. Brian P. Gabriel, Esquire was able to open old cases and have the Court modify certain sentencing requirements. Following that sentencing modification of old cases, Mr. Gabriel was able to persuade the Department of Highway Safety and Motor Vehicles to issue the Defendant a new, full driver’s license.

The Win:
After a thorough review of the Defendant’s driving history, and having the Court make certain modifications to previous traffic offenses, Brian P. Gabriel assisted the Defendant in obtaining a full, valid driver’s license and having all pending traffic violations favorably resolved.

9-8-2014: Case No. 2014CT000032AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI, Reckless Driving and Leaving Scene of Accident

The Facts:
The Defendant was seen by several civilians crashing into a palm tree within the private community in which he resided. Immediately following the accident, the Defendant exited his vehicle to check on the passenger and briefly spoke to the witnesses. The Defendant then entered his car, backed up and drove a short distance home, pulling into his garage. The development’s security guard followed the trail of radiator fluid that was leaking at the scene to the Defendant’s house. Law enforcement officers were summoned to the development and began investigating the Defendant for leaving the scene of an accident. Immediately after contacting the Defendant, law enforcement became concerned that the Defendant was under the influence of alcohol and began a criminal investigation. After conducting sobriety tests on the Defendant, he was arrested, taken to the Palm Beach County Jail for breath testing, where he refused.

The Defense:
Brian P. Gabriel, Esquire set depositions of the officers involved in the case. From the depositions, it was discovered that the private homeowners association which the Defendant resided had not entered into a jurisdictional agreement with the Palm Beach County Sheriff’s Office for the enforcement of traffic laws within their development. This issue of jurisdiction became the main issue dealing with potential motions to suppress. Additionally, Brian P. Gabriel, Esquire discussed with the State Attorney’s Office numerous legal issues dealing with law enforcement’s improper investigation at the Defendant’s home, raising significant issues of whether or not the State can survive motions to suppress.

The Win:
Following numerous conferences with the Assistant State Attorney in charge of the case, the State made the decision that numerous legal issues raised by Brian P. Gabriel, Esquire were well grounded and allowed the Defendant to resolve his case to a reduced charge of Reckless Driving. In return for that plea, the State Attorney’s Office dismissed the DUI charge and the Leaving Scene of Accident charge.

8-5-2014: Case No. 13CT029352AXX

      • Judge Laura Johnson
      • Palm Beach County, County Court, Criminal Division
      • Charge: Reckless Driving

The Facts:
The Defendant was alleged to have been driving in an erratic and improper manner. Law enforcement witnesses alleged that the Defendant was following too closely, making proper lane changes, cutting in and out of traffic, and driving with excessive speed. Law enforcement eventually cited the Defendant for Reckless Driving.

The Defense:
Brian P. Gabriel, Esquire launched a thorough investigation, and after finding certain witnesses determined that, in fact, it was the alleged victim that was driving rather erratically. Through investigation, the law office of Brian P. Gabriel was able to determine that, in fact, the other car cut the Defendant off and that because the Defendant honked his horn the alleged victim contacted law enforcement making improper allegations.

The Win:
Following conferences with the Assistant State Attorney in charge of the case, the State agreed that after the Defendant performed some community service hours and paid a $50.00 cost of prosecution along with eight hour driving school that all charges were dismissed.

7-10-2014: Case No. 2014CT001179AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI (third offense)

The Facts:
The Defendant was observed driving erratically on a motorcycle. Law enforcement was summoned to the area and eventually discovered the motorcycle had crashed in a nearby yard. The Defendant was found close thereby, and eventually law enforcement arrested the Defendant for DUI. Following law enforcement’s investigation at the scene, the Defendant was transported to a nearby medical facility wherein law enforcement attempted to obtain his blood. The Defendant refused the blood draw and had his license administratively suspended.

The Defense:
Brian P. Gabriel, Esquire first attacked the administrative suspension and was successful in having the same overturned. Law enforcement was in no way able to demonstrate the impracticality of a breath test, and therefore the request of a blood sample from the Defendant was deemed improper. Following numerous discussions with the State Attorney regarding the legal issues that could be addressed through motions to suppress, the State Attorney’s Office decided to resolve the case.

The Win:
After a thorough case review and meeting with the State Attorney’s Office, the State agreed to drop the DUI charge and allow the Defendant to enter a plea to a lesser charge of Reckless Driving.

7-7-14: Case No. 2013CT025675AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The Defendant was allegedly involved in a minor traffic accident. After all cars had pulled over to the side of the road, law enforcement arrived and conducted a crash investigation. Law enforcement officers admitted that they were not detecting odors of alcohol; however, they believed that the Defendant was still showing signs of impairment. The Defendant cooperated with law enforcement and conducted a full battery of sobriety tests on the side of the road. Even after completing those tasks satisfactorily, the Defendant was still arrested for DUI. The Defendant was eventually transported to the Breath Alcohol Testing Center wherein she submitted to a breath test reflecting zero alcohol. Following the same, law enforcement requested the Defendant to submit to a urine sample, which she did, and the test results reflected numerous types of controlled substances in her urine.

The Defense:
Brian P. Gabriel, Esquire filed numerous motions to suppress alleging that the traffic accident investigation had been improperly conducted. Furthermore, the defense filed numerous motions dealing with the alleged urine test results and the propriety of those samples.

The Win:
Following numerous conferences with the Assistant State Attorney in charge of the case, the State made the decision that numerous motions to suppress were well grounded and that the State would have difficulty showing impairment or intoxication. Considering the same, the State made the decision to dismiss the Defendant’s DUI charge and allowed her to plead to a reduced charge of Reckless Driving.

6-23-14: Case No. 2014CT002595AXX

      • Judge Sheree Cunningham
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts:
The Defendant was observed driving erratically on I-95. Law enforcement eventually made a traffic stop of the Defendant on the side of the interstate and began questioning the Defendant. As the Defendant was performing sobriety tests, the Defendant let the officer involved know that this same vehicle was recently stopped by other officers a short while before this traffic stop and that that officer made the Defendant drive, saying that the Defendant’s passenger was extremely intoxicated. Considering these unique set of facts, a thorough investigation was required.

The Defense:
Brian P. Gabriel, Esquire was able to investigate the previous traffic stop and provide the State Attorney’s Office with proof of the same. Following that investigation, all parties discussed with the first officer stopping the Defendant and eventually determined that it would be impossible for the State to prosecute the Defendant for this DUI considering the previous law enforcement officer, minutes prior to this stop, had ordered the Defendant to drive the vehicle home.

The Win:
Prior to a motion to suppress hearing, the State Attorney’s Office made the decision to allow the Defendant to plead to a reduced charge of Reckless Driving and in turn dismissed the DUI outright.

6-6-14: Case No. 2014MM002853AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: Resisting Arrest Without Violence; Battery; Resisting Merchant

The Facts:
The Defendant had been drinking at a local tavern to the point of his intoxication. The Defendant called a cab which eventually transported him to his nearby home. Upon exiting the cab, the Defendant and the cab driver got into an altercation, resulting in the Defendant allegedly battering the cab driver. The cab driver contacted 911. When the police arrived, they immediately entered the Defendant’s residence, finding him in the back bedroom passed out. Law enforcement immediately seized the Defendant and allegedly the Defendant resisted arrest resulting in the above charges.

The Defense:
Brian P. Gabriel, Esquire was able to demonstrate to the State how law enforcement’s actions of entering the home was in violation of the Fourth Amendment. The Defendant’s ultimate seizure and arrest were severely called into question. Furthermore, discussions were made regarding the other legal issues which could have been raised in other motions to suppress.

The Win:
Following discussions with the Assistant State Attorney, and through a thorough investigation by the defense, the State Attorney’s Office ultimately allowed the Defendant to plead to a simple misdemeanor of Resisting Arrest Without Violence, obtain a withholding of adjudication and pay court costs.

5-23-14: Case No. 2014CF003306AXX

      • Judge Stephen Rapp
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: 18 counts of Possession of Controlled Substance

The Facts:
The Defendant’s vehicle was stopped for having an inoperable tag light. Upon law enforcement’s traffic stop, law enforcement allegedly detected an odor of marijuana coming from the vehicle and subsequently searched the vehicle and the Defendant, locating 18 alleged Adderall pills.

The Defense:
Brian P. Gabriel, Esquire was able to meet with the State Attorney’s Office and discuss the scientific testing of the drugs that were found. Upon the Sheriff’s Office lab test coming back that the medication was not a controlled substance, the Government knew that the charges would not withstand motions to suppress.

The Win:
Following discussions with the Assistant State Attorney, and through the investigation of the true nature of the seized evidence, the State Attorney’s Office dismissed all charges against the Defendant.

5-23-14: Case No. 2014MM004584AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: Felony Driving Under Suspended License; Misdemeanor Marijuana Possession

The Facts:
The Defendant was stopped for a traffic violation, and eventually, upon law enforcement researching his driving record, arrested him for Felony Driving Under Suspended License. His license was allegedly suspended due to being an Habitual Traffic Offender. During the arrest and search of the Defendant’s vehicle, small amounts of marijuana were also discovered.

The Defense:
Brian P. Gabriel, Esquire was able to research the Defendant’s driving record and ascertain that the Habitual Traffic Offender suspension was improperly entered. Upon clarification of those records, the Defendant was eventually able to obtain a new and valid driver’s license.

The Win:
Following several meetings with the State Attorney’s Office and demonstrating that the Defendant was now a proper, lawful driver, the State Attorney’s Office dismissed the charge of Felony Driving Under Suspended License and allowed the Defendant to plead to the misdemeanor marijuana possession, and being sentenced with a withholding of adjudication and court costs.

3-18-14: Case No. 2014CF001602AXX

      • Judge Stephen Rapp
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Possession of Controlled Substances and Leaving Scene of Accident

The Facts:
The Defendant was alleged to have been involved in a traffic accident and fled the scene. The Defendant eventually pulled into a development where she exited her car and began walking to her parent’s home. During this time, the Defendant was being followed by the car that was damaged. The other driver alleged that she observed the Defendant disposed of a bag containing controlled substances. The Defendant was eventually apprehended and charged with Leaving Scene of Accident and Possession of Controlled Substances.

The Defense:
Brian P. Gabriel, Esquire was able to demonstrate to the State Attorney’s Office that law enforcement’s initial stop of the Defendant was improper. Furthermore, law enforcement would have difficulty placing the illegal narcotics in the Defendant’s possession.

The Win:
Following discussions with the State Attorney’s Office, Brian P. Gabriel, Esquire was able to persuade the State Attorney’s Office that they would not be successful in this charge and therefore no charges were filed against the Defendant.

3-15-14: Case No.: 2014MM001206AXX

      • Judge Laura Johnson
      • Palm Beach County, County Court, Criminal Division
      • Charge: Resisting Officer Without Violence

The Facts:
Law enforcement were summoned to a bowling alley regarding an alleged altercation that took place. The Defendant was outside near his vehicle when one of the suspects involved in the Battery exited the bowling alley and proceeded to his vehicle. Law enforcement chased after that initial suspect, and the Defendant was eventually caught in the middle. Law enforcement charged the Defendant with Resisting Arrest Without Violence.

The Defense:
Brian P. Gabriel, Esquire was able to show to the State Attorney’s Office that the Defendant had no involvement in the initial altercation and in no way was resisting any form of lawfulness or lawful arrest. Considering the unlawfulness of law enforcement’s investigation, it could come into question through motions to suppress. The State additionally questioned law enforcement’s actions.

The Win:
Brian P. Gabriel, Esquire was able to have the State Attorney’s Office dismiss the charge after the Defendant performed twenty hours of community service work.

1-10-14: Case No. 2013CT002212AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI (fourth offense)

The Facts:
The Defendant was observed driving on U.S. Highway One and making an improper left hand turn. Following the traffic stop, law enforcement suspected that the Defendant was driving under the influence, and through a record search it was determined that he had three prior DUI’s. The Defendant was requested to perform certain sobriety tests which he did, and he was ultimately arrested and charged with DUI fourth offense.

The Defense:
Brian P. Gabriel, Esquire was first and foremost able to keep this charge, a fourth DUI, filed as a misdemeanor. Once the case maintained its misdemeanor status, Brian P. Gabriel, Esquire was able to discuss with the State Attorney’s Office numerous legal issues regarding motions to suppress that were anticipated to be filed in the case.

The Win:
Following discussions with the State Attorney’s Office regarding the motions to suppress in the case, Brian P. Gabriel, Esquire was able to have the State offer the Defendant an in-house arrest plea where in the Defendant maintained his freedom but was sentenced to a term of in-house arrest with the normal, regular misdemeanor DUI conditions.

12-11-13: Case No. 2013CF011784AXX

      • Judge Stephen Rapp
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Felony Domestic Battery by Strangulation and Violation of Probation for Felony Domestic Battery

The Facts: The Defendant was arrested for allegedly committing a Domestic Battery against his girlfriend, and during that act, attempting to strange the victim. The Defendant and the victim had a long standing tumultuous relationship which had previously resulted in the Defendant recently being placed on probation for Felony Domestic Battery against the same victim. The Defendant was ordered to have no contact with the victim; however, at the victim’s insistence, the contact continued and again the new arrest took place. The Defense: Brian P. Gabriel, Esquire was able to demonstrate to the State how the alleged victim in both cases was not cooperating with the Court’s Order that the Defendant was to have no contact with the alleged victim. While it was shown that the Defendant was in violation of this Court Order, the State began to understand after a thorough investigation by the defense that the alleged victim had a part in this scenario. Through proper investigation, it was also demonstrated to the State Attorney that the Defendant had a serious substance abuse issue which significantly contributed to both of these cases. The Win: After numerous discussions and negotiations with the State Attorney’s Office, instead of putting the Defendant in prison, the State Attorney’s Office agreed to allow the Defendant to be placed back in probation and to complete a long-term residential drug and alcohol treatment program.

10-28-13: Case No. 2013CT002930AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was alleged to have improperly maintained his lane in a round-about in Jupiter, Florida. Law enforcement officers followed the Defendant and eventually made a traffic stop. During the traffic stop, the initial police officer suspected that the Defendant may be impaired by alcohol and summoned a DUI officer. An investigation took place wherein field sobriety tests were conducted and the Defendant was arrested and charged with DUI. He was taken to the Palm Beach County Jail for breath testing and refused. The Defense: Brian P. Gabriel, Esquire filed numerous Motions to Suppress which challenged the constitutionality of the initial traffic stop, the Defendant’s performance of field sobriety testing, and the Defendant’s refusal to submit to a breath test. Through the investigation by the defense and the deposition of the arresting officer, it was determined that the area in which sobriety testing took place was not a proper area for the same to occur. Furthermore, numerous inconsistencies and errors in the arresting officer’s reports were detected. The Win: After negotiations, the Government agreed to dismiss the case against the Defendant and allowed him to enter a plea to the reduced charge of Reckless Driving.

10-25-13: Case No. 2013CT005895AXX

      • Judge Steve Jewett
      • Orange County, Florida, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was pulled over by law enforcement for improper driving. After several other officers arrived on scene, officers suspected that the Defendant may be impaired and began investigating the Defendant for the possible charge of DUI. They had the Defendant perform certain field sobriety tests which did not demonstrate alcohol impairment. However, law enforcement eventually arrested the Defendant and charged him with DUI. He was taken to the police center and requested to submit to a breath test which he did. His breath results came back reflecting the fact that he had no alcohol in his system and law enforcement requested a urine sample from the Defendant. After being warned that he would lose his driver’s license should he refuse the urine sample, the Defendant provided the same. The urine sample came back reflecting illegal narcotics in the Defendant’s system. The Defense: Brian P. Gabriel, Esquire was able to demonstrate to the State how law enforcement’s actions in arresting the Defendant and requesting a urine sample were questionably legal. Brian P. Gabriel, Esquire, through his numerous discussions with the State Attorney handling the case, was able to demonstrate the unlawfulness of law enforcement’s actions. Furthermore, discussions were made regarding the legal issues which could be raised in Motions to Suppress. The Win: Following the discussions with the Assistant State Attorney and through a thorough investigation by the defense, the State Attorney’s Office decided to dismiss the charge of DUI, allowing the Defendant to plead to a reduced charge of Reckless Driving.

10-7-13: Case No. 2013MM013830AXX

      • Judge Leonard Hanser
      • Palm Beach County, County Court, Criminal Division
      • Charge: Aggravated Child Abuse; 26 counts of Open House Party; Resisting Arrest Without Violence

The Facts: The Defendant’s minor son had several friends over to the Defendant’s home for a little get-together. Unfortunately, due to the actions of the minors, numerous other minors arrived wherein eventually, once the police officers arrived due to a noise complaint, it was discovered that the minors had been consuming alcohol. Law enforcement officers alleged that the Defendant was throwing an illegal house party and was resisting arrest by not opening the door and allowing law enforcement to enter the home. The Defendant questioned whether or not law enforcement officers had a warrant, and eventually a stand-off resulted in the SWAT team breaking down the apartment’s doors and raiding the party. As the SWAT team stormed the apartment, the Defendant’s minor 7 year old son and another 16 year old hid in the bathroom. Law enforcement alleged that the Defendant had locked the 7 year old minor son in the bathroom so that she could be “partying” with the other minors at the gathering. Law enforcement officers arrested the Defendant and charged her with 26 counts of Open House Party, Aggravated Child Abuse and Resisting Arrest. The Defense: Brian P. Gabriel, Esquire was able to gather evidence, including videos, at the time of the police raid which bring into question the lawfulness of law enforcement’s actions. Furthermore, it was demonstrated that the 7 year old minor child was never abused nor locked in the bathroom since the same was proven to be an impossibility. Throughout the investigation and meeting with the Assistant State Attorney in charge of the case, it was eventually determined that the serious Felony charges could not be properly established by the State. The Win: Brian P. Gabriel, Esquire had the State Attorney’s Office offer the Defendant a misdemeanor diversion program wherein with the Defendant’s compliance with the same all charges would be dismissed after a period of one year.

8-14-13: Case No. 2013CT017303AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was arrested for allegedly failing to maintain a single lane and making an improper turn in Palm Beach County, Florida. Eventually, law enforcement officers arrived and suspected the Defendant was driving under the influence. Law enforcement alleged that they smelled a very strong odor of alcohol coming from the Defendant, his eyes were bloodshot and glassy, and he had slurred speech. Eventually, law enforcement had the Defendant exit the vehicle and ordered him to perform field sobriety tests. Due to the nature of law enforcement’s actions, the Defendant refused to perform any field sobriety testing. He was then immediately arrested, transported to the jail for breath testing wherein again he refused to cooperate with law enforcement and refused the breath test. The Defense: Brian P. Gabriel, Esquire was able to demonstrate to the State that law enforcement’s stop of the vehicle was improper. Furthermore, through the review of the in-car video system, Brian P. Gabriel, Esquire was able to show the State Attorney’s Office that the evidence was not favorable to the State. Law enforcement’s actions of the requesting of field sobriety tests were improper and there were problems with the alleged breath testing instrument. Brian P. Gabriel, Esquire spoke to the State Attorney’s Office regarding the numerous Motions to Suppress which could be filed. The Win: Following several meetings with the State Attorney’s Office, Brian P. Gabriel, Esquire was able to persuade the State that they would not be successful in this charge and, therefore, all charges were dismissed against the Defendant.

8-12-13: Case No. 2005CT019353AXX

      • Judge Ted Booras
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: Back in 2005, the Defendant was charged with Driving Under the Influence in Palm Beach County, Florida. The Defendant failed to appear in Court for numerous years and all the while was permanently residing out of state. Approximately eight years later, the Defendant’s employer was getting ready to move him back to Florida and the Defendant contacted Brian P. Gabriel, Esquire regarding his old outstanding arrest warrant for the charge of DUI. The Defense: Brian P. Gabriel, Esquire was able to utilize the Palm Beach County Court’s Administrative Order which demonstrated that there had been no activity in the Defendant’s case for a number of years. Pursuant to the Court’s Administrative Order, Brian P. Gabriel, Esquire was able to have the Clerk dismiss all charges as they were too untimely. The Win: All charges were dismissed against the Defendant pursuant to the Court’s Administrative Order.

8-8-13: Case No. 2012CT003492AXX

      • Judge Marni Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI Accident

The Facts: The Defendant was charged with Driving Under the Influence and causing an accident. The Defendant was seen leaving a restaurant in a 1939 antique hot rod coupe. Witnesses alleged that the Defendant drove at a high rate of speed, and for unknown reasons had his car take a sharp right turn into a tree. As was later demonstrated through discovery, the Defendant’s vehicle, which he built from scratch, had a mechanical failure causing the steering to go out. Law enforcement officers arrived at the scene and noted that the Defendant had an injury to his head. The police officer involved alleged that the Defendant was unconscious and had suffered serious bodily injury. However, the defense was able to produce testimony from the paramedic involved who described the Defendant’s injuries as minor and the fact that the Defendant never lost consciousness during their treatment. The Defendant was requested to submit to a blood test at the scene and refused the same. The Defendant was eventually transported to the hospital wherein the State, after approximately a year of litigating the case, made attempts with the Court to obtain the Defendant’s privileged medical records. The Defense: Brian P. Gabriel, Esquire was able to eventually persuade the Assistant State Attorney that they did not have proper legal cause to request the Defendant’s blood test. The issue involved whether the Court would believe the arresting officer’s version of events or the treating paramedic. After producing the paramedic for the State and further discussions, the Government realized weaknesses in its case. The Win: Following the thorough investigation, the Assistant State Attorney made the decision to abandon the DUI charge and allowed the Defendant to plead to a lesser charge of Reckless Driving.

7-12-13: Case No. 2012CT6013A

      • Judge Heather O’Brien
      • Osceola County, Florida, County Court, Criminal Division
      • Charge: DUI

The Facts: On or about December 9, 2012, law enforcement received a report of an alleged reckless driver driving a black Mercedes heading south on the Florida Turnpike around the area of State Road 92. Law enforcement officers observed a vehicle matching the description and began following the vehicle. Officers alleged that the Defendant failed to maintain a single lane and made an improper pass of a semi-truck trailer on the Florida Turnpike and they effectuated a traffic stop. Within five to six minutes, approximately six other officers arrived on scene, and after speaking with the Defendant they believed that she may have been possibly impaired by alcohol. They ordered the Defendant to produce her driver’s license and hand over her keys which she did. All of the law enforcement officers and the Defendant on the side of the Florida Turnpike then waited for approximately a half an hour while a DUI officer was summoned. Upon that officer arriving, he conducted a DUI investigation wherein the Defendant performed certain field sobriety tests which did not demonstrate impairment by alcohol. The Defendant was placed under arrest and transported to the breath testing facility where she was offered a breath test and refused the same. The Defense: Brian P. Gabriel, Esquire filed numerous Motions to Suppress which challenged the constitutionality of the traffic stop itself and the delay upon which law enforcement held the Defendant before beginning any criminal investigation. Additionally, Motions to Suppress were filed which dealt with sobriety testing, impropriety of the in-car police video and the alleged breath test refusal. The Win: After negotiations with the Assistant State Attorney, the charge of DUI was dropped after the Defendant completed a diversion program.

6-14-13: Case No. 2012CT030696AXX

      • Judge Frank Castor
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI; Willful Refusal to Sign Citation; Improper Stopping

The Facts: The Florida Highway Patrol alleged that the Defendant hesitated at a stop light too long before he proceeded with a green signal. Law enforcement followed the Defendant for a short period of time, eventually activating their blue lights as the Defendant entered onto I-95. At all times on the police in-car video, it showed the Defendant driving properly. The Defendant lawfully and safely pulled over to the side of I-95. Law enforcement approached and eventually began a DUI investigation. The in-car video of the Defendant’s performance of field sobriety testing clearly demonstrated that the Defendant was not showing signs of alcohol impairment. However, law enforcement ran the Defendant’s driving record determining that he had several prior DUI’s. As alleged to be improper by the defense, law enforcement still arrested the Defendant and charged him with DUI. The Defense: Brian P. Gabriel, Esquire was able to show the State Attorney’s Office through the filing of numerous Motions to Suppress which attacked the initial traffic stop, the Defendant’s performance of field sobriety tests, and the probable cause to have the Defendant arrested. Brian P. Gabriel, Esquire reviewed these Motions to Suppress with the Assistant State Attorney handling the case. The Win: Prior to trial, the State Attorney’s Office agreed to dismiss the DUI charge in return for the Defendant entering a plea to a lesser charge of Reckless Driving.

6-10-13: Case No. 2012CT018451AXX

      • Judge Mark Eissey
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: Palm Beach Gardens Police Department alleged that they made observations of the Defendant driving at an extremely high rate of speed heading northbound on Military Trail. Police officers followed the Defendant as he approached a stop light and stopped properly. As the light turned green, law enforcement immediately activated their blue lights and made a traffic stop of the Defendant at a nearby parking lot. Following their initial contact with the Defendant, they alleged that they smelled an odor of alcohol upon the Defendant’s breath and noticed that he may be impaired. A DUI officer was summoned to the scene and began a DUI investigation. During that investigation, the Defendant was questioning law enforcement and law enforcement rather quickly lost their patience. Instead of responding to the Defendant’s questions appropriately, law enforcement almost immediately arrested the Defendant and transported him to the Palm Beach County Jail for breath testing. At the jail, the Defendant refused to submit to a breath test. The Defense: Brian P. Gabriel, Esquire filed numerous Motions to Suppress alleging the illegality of the traffic stop and that law enforcement improperly conducted all aspects of field sobriety testing. Additionally, the Defendant challenged his alleged refusal to submit to a breath test considering his arrest was unlawful and that there were problems with the breath testing instrument. After a review of the numerous Motions to Suppress with the Assistant State Attorney, the State agreed to several improprieties of law enforcement. The Win: Prior to trial, the State Attorney’s Office agreed to dismiss the DUI charge in return for the Defendant entering a plea to a lesser charge of Reckless Driving.

5-9-13: Case No. 2013CF001690A99 and 2013CF001689A99

      • Judge Stephen Rapp
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Grand Theft; Organized Scheme to Defraud; Computer Fraud; Forgery; Making False Entry in Corporate Books

The Facts: The Defendants were charged with over 20 counts of Felony Theft, Organized Scheme to Defraud, Forgery and Improper Entries in Corporate Books. The Defendants were employed by an air conditioning company in Palm Beach County, Florida. Law enforcement alleged, through the victim’s statements, that the Defendants acted as the bookkeepers for the victim and had organized a scheme to defraud, stealing money from the victim and his company. The Defense: Brian P. Gabriel, Esquire was able to demonstrate to the State how the victim’s version of events was not in any way trustworthy. The victim had made these exact same allegations against a former bookkeeper; however, law enforcement found the allegations to be unsupported. Additionally, through a thorough investigation, the Defendants and the Law Offices of Gabriel & Gabriel were able to demonstrate to the State how each and every one of the charges that were allegedly fraudulently made were, in fact, not fraudulently made. Through records that the Defendants maintained, they were able to demonstrate how the real culprit in the situation was the alleged victim. The Win: Following the Defendants’ arrest in these cases, the thorough investigation took approximately two months. Following that investigation, all evidence was turned over to the State Attorney’s Office who eventually, and rather quickly, abandoned complete prosecution of the case and dismissed all charges.

4-23-13: Case No. 2013CF000713AXX

      • Judge Stephen Rapp
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Felon in Possession of Firearm

The Facts: The Defendant was a convicted felon. She was charged with having possession of two firearms while being a convicted felon. The Defendant was having her boyfriend move into her apartment and learned that he possessed firearms. The Defendant insisted that the boyfriend must get rid of the firearms, so both the boyfriend and the Defendant went to a pawn shop attempting to sell the firearms. When the pawn shop would not take the boyfriend’s out of state identification, the Defendant utilized her identification. All of this was captured on the security video system in the pawn shop which, again, technically showed the Defendant in possession of both firearms for a limited amount of time. The Defense: Brian P. Gabriel, Esquire was able to show the State Attorney’s Office that the Defendant was only attempting to do the right thing, considering she was a convicted felon. A Felon in Possession of a Firearm charge calls for mandatory prison time. The Law Offices of Gabriel & Gabriel were able to show the State the lack of any improper intent of the Defendant which resulted in the charges being resolved in a manner in which the Defendant only had to pay court costs. The Win: Following numerous conferences with the Assistant State Attorney in charge of the case, the case was able to be resolved with the Defendant entering a plea and receiving no probation/jail/prison sentence.

3-25-13: Case No. 5922XBO

      • Judge John Conrad
      • Hillsborough County, County Court, Criminal Division
      • Charge: DUI

The Facts: Law enforcement in Hillsborough County received a BOLO report for an alleged Reckless Driving heading west on I-4. Law enforcement officers with the Hillsborough County Sheriff’s Office eventually observed the Defendant’s vehicle matching the description heading westbound on State Road I-4. Law enforcement officers alleged that the Defendant failed to maintain a single lane on one to two occasions and effectuated a traffic stop. Law enforcement noted that the Defendant was extremely polite and cooperative with law enforcement, but that law enforcement took possession of the Defendant’s keys and driver’s license and waited approximately twenty minutes for the Florida Highway Patrol to respond. During that time, law enforcement only held the Defendant in his vehicle and never performed any form of criminal investigation. Eventually, once the Florida Highway Patrol arrived, they requested the Defendant to perform certain sobriety tests. The Defendant politely made a request to be able to speak with his attorney. That request was refused by law enforcement. The Defendant acquiesced to law enforcement’s request and was placed in the back of the Florida Highway Patrol vehicle and moved to a different location off the Interstate to be able to safely perform field sobriety testing. The Defendant performed all field sobriety tests adequately, yet eventually was arrested for DUI and transported for breath testing. Once law enforcement requested a breath test, the Defendant politely made the alternative request for a blood test, believing that there was well known problems with the breath testing devices in the State of Florida. Law enforcement took the Defendant’s action as a refusal and subsequently suspended his driver’s license for that act of refusing to submit to a breath test. The Defense: Brian P. Gabriel, Esquire filed numerous Motions to Suppress alleging the illegality of the traffic stop, law enforcement’s request for field sobriety testing, the refusal of law enforcement to allow the Defendant to contact his attorney, and the impropriety of allowing the Defendant to submit to a blood test rather than a breath test. After a review of the Motions to Suppress with the Government, the State agreed with several improprieties with law enforcement. The Win: Prior to trial, the State Attorney’s Office agreed to dismiss the DUI charge in return for the Defendant entering a plea to a lesser charge of Reckless Driving.

3-18-13: Case No. 2012CT029010AXX

      • Judge Mark Eissey
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI and Driving Wrong Way on Interstate

The Facts: The Florida Highway Patrol received an emergency call of a vehicle heading in the wrong direction on I-95 in Palm Beach County. The police immediately responded on to I-95 and observed the Defendant driving at an estimated speed of 60 miles an hour in the wrong direction on I-95. Thankfully, law enforcement was able to have the Defendant pull over to the side of the road prior to any type of collision. Once the Defendant was stopped, numerous members of law enforcement arrived and began questioning the Defendant as to why she was driving in the wrong direction on I-95. The Defendant did not appear to know that she was driving in the wrong direction. This extreme confusion on the part of the Defendant led law enforcement to believe that she may possibly be impaired by drugs or alcohol. The law enforcement officers had the Defendant perform field sobriety testing on the side of I-95 which she performed satisfactorily. Eventually, the Defendant was arrested and charged with DUI. She was transported to the Palm Beach County Jail where she refused the breath test. The Defense: Brian P. Gabriel, Esquire was able to demonstrate to the State how the Defendant’s mistake of driving in the wrong direction on an Interstate was not the result of any alcohol or drug impairment. The defense was able, with the assistance of the Defendant’s medical doctors, to demonstrate how the Defendant was suffering from a recently discovered brain tumor which would cause cognitive reasoning disability. Considering the Defendant’s testing in no way reflected any impairment by drugs or alcohol, additionally the defense was able to demonstrate how the Defendant’s sobriety testing in no way reflected any impairment by alcohol. The Win: After demonstrating that the case was truly a medical issue, the State abandoned the DUI prosecution and allowed the Defendant to enter a plea to driving recklessly heading in the wrong direction on an Interstate.

3-11-13: Case No. 11CT036548AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI Accident

The Facts: The Defendant was involved in a multi-car traffic accident in Jupiter, Florida. Law enforcement arrived and began investigating the accident. After their investigation of the accident was completed, law enforcement turned their attention to the Defendant regarding the alleged charge of DUI. The Defendant performed satisfactorily on field sobriety testing, yet was eventually arrested at the scene and charged with DUI and causing the accident. The Defendant was requested to submit to a breath test. The Defendant agreed to the submission of the breath test reflecting no alcohol in his system. Law enforcement at that time requested that the Defendant submit to a urine test which he did. The urine analysis came back reflecting certain prescribed narcotic medication in the Defendant’s blood system. The Defense: Brian P. Gabriel, Esquire was able to demonstrate to the State how law enforcement violated numerous laws in the collection of the urine sample in this case. Furthermore, the defense was able to demonstrate for the State that their own expert would, in no way, be able to testify that the prescribed medication the Defendant was lawfully taking would have an impairing affect upon his ability to drive the automobile. Additionally, the defense was able to demonstrate how the accident was not the Defendant’s fault but the fault of one of the other drivers creating the chain reaction. The Win: Prior to trial, the State Attorney’s Office agreed to drop the DUI charge and allowed the Defendant to enter a plea to a lesser charge of Reckless Driving.

2-13-13: Case No. 2012-005682CTA

      • Judge Darren Steele
      • Martin County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was involved in a motor vehicle accident in Martin County, Florida. The Defendant was forced off the road by another vehicle and ended up colliding with a telephone pole. When law enforcement arrived, they began their accident investigation and came to the conclusion that they believed the Defendant was under the influence of alcohol. Law enforcement attempted to have the Defendant cooperate in a criminal investigation; however, the Defendant politely refused to participate in the criminal investigation, refused all sobriety testing considering his injuries, and made the specific request for assistance of counsel at the scene. Law enforcement immediately arrested the Defendant and transported him to the Martin County Jail for breath testing. The Defendant refused the request by law enforcement to submit to a breath test. The Defense: Brian P. Gabriel, Esquire brought to the attention of the State the numerous legal issues that existed as to their ability to be able to successfully prosecute the Defendant. Considering the Defendant’s consistent lack of cooperation with law enforcement, in a professional manner, law enforcement had no ability to exhibit to a Jury that the Defendant’s normal faculties were impaired by alcohol and not as a result of injuries from the accident. Mr. Gabriel informed the State of the numerous issues which would be placed in the Motions to Suppress Evidence and briefed the Government regarding the same. The Win: Prior to trial, the State Attorney’s Office decided their evidence was not sufficient to be able to warrant the charge of DUI, dismissed the DUI charge and allowed the Defendant to enter a plea to a lesser charge of Reckless driving.

12-17-12: Case No. 2012CT011126AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was stopped by the Juno Beach Police Department for allegedly failing to drive her vehicle within one lane. The vehicle driving pattern was videotaped by law enforcement. After the traffic stop, the officer observed signs of alcohol impairment and had the Defendant submit to field sobriety testing. The Defendant was extremely hesitant to do so; however, the Defendant complied with law enforcement’s orders. The Defendant was eventually arrested and taken to the Palm Beach County Jail for breath testing where she refused the breath test. The Defense: Brian P. Gabriel, Esquire brought to the attention of the State that the roadside and jail videos of the Defendant did not support the officer’s statements in his Probable Cause Report. The driving pattern captured on videotape did not support law enforcement’s conclusion that the traffic stop was legal. Brian P. Gabriel, Esquire filed numerous Motions to Suppress the traffic stop along with law enforcement’s request for field sobriety testing and the breath refusal. The Win: Prior to the motion hearing, the State Attorney’s Office made the decision that the motions could not be properly defended and, therefore, dismissed the DUI charge allowing the Defendant to enter a plea to a lesser charge of Reckless Driving.

12-3-12: Case No. 2012CT000576AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was involved in a traffic accident in Palm Beach Gardens, Florida. Numerous law enforcement officers arrived and began investigating the accident. As a result of the accident investigation, law enforcement alleged that the Defendant ran into the back of a vehicle stopped at the intersection, and then continued to drive off before eventually turning around and heading back toward the scene of the accident. The Defendant made admissions to being under the influence of alcohol and stated he was coming from a bar. The Defendant was transported to the hospital where his blood was taken by hospital personnel showing an illegal amount of alcohol in his blood system. The Defense: Brian P. Gabriel, Esquire filed numerous Motions to Suppress which challenged the constitutionality and legality of the Government’s use of the “medical” blood. It was determined through investigation that law enforcement had improperly violated the Defendant’s constitutional right to have medical information remain privileged and, therefore, the Government was not allowed to utilize the evidence of the Defendant’s blood in his system from the medical blood draw. The Win: Prior to trial, the Government agreed to the dismissal of the DUI charge in return for the Defendant pleading guilty to a lesser charge of Reckless Driving.

11-26-12: Case No. 2012CT008153AXX

      • Judge Mark Eissey
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: Law enforcement was called to the scene of a traffic accident involving a motorcycle. Upon arrival, they found the Defendant who had suffered some minor injuries from the accident and being thrown from his motorcycle. Law enforcement additionally investigated the accident and alleged that the Defendant was driving under the influence of alcohol which caused the accident. He was eventually arrested after he allegedly failed field sobriety tests. After his arrest, he was taken to the Palm Beach County Jail where he refused to submit to a breath test as requested by law enforcement. The Defense: Brian P. Gabriel, Esquire brought to the attention of the Government that the roadside sobriety tests and the jail videos of the Defendant did not support the officer’s statement in his Probable Cause Report. Furthermore, considering law enforcement could not differentiate between the effects that the accident had upon the Defendant that it would be impossible for law enforcement to establish that he was impaired by alcohol and not suffering from injuries from the accident. The Win: Prior to trial, the State Attorney’s Office abandoned prosecution of the case and, in the alternative, allowed the Defendant to enter a plea to a lesser charge of Reckless Driving.

10-11-12: Case No. 2012CT019536AXX

      • Palm Beach County, County Court, Criminal Division
      • Judge Paul Damico
      • Charge: DUI Accident

The Facts: The Defendant was stopped by law enforcement in Jupiter, Florida for allegedly weaving within his lane and failing to stop his vehicle in front of the stop bar. Law enforcement approached the Defendant, observed signs of alcohol impairment such as bloodshot and glassy eyes and very lethargic in his movements, and requested that the Defendant perform certain field sobriety testing. The Defendant refused to perform certain field sobriety tests and was never properly warned that his refusal could be used against him in a Court of law. The Defendant was immediately arrested upon his refusal and taken to the Palm Beach County Jail for breath testing where he again refused due to his belief that he was being mistreated by law enforcement. The Defense: Brian P. Gabriel, Esquire filed numerous Motions to Suppress challenging the legality of the traffic stop along with law enforcement’s request for field sobriety testing. After a thorough investigation and discussions with the State Attorney’s Office, the State agreed that all of the State’s evidence which would be admissible at trial was not sufficient to sustain the charge. The Win: After negotiations, the Government agreed to dismiss the case against the client and all charges were dropped.

10-10-12: Case No. 2011CT036019AXX

      • Judge Peter Evans
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was stopped at a DUI roadblock set up by the Palm Beach County Sheriff’s Office. Numerous law enforcement agencies were involved in this multi-jurisdictional DUI roadblock. The Defendant admitted at the time of the stop that hours earlier he had drank two beers. Law enforcement removed the Defendant from his vehicle, had the Defendant conduct field sobriety tests and eventually requested the Defendant to submit to a breath test to which he refused. The Defense: Brian P. Gabriel, Esquire filed numerous Motions to Suppress which challenged the constitutionality of the roadblock, the Defendant’s arrest and the Defendant’s refusal to submit to a breath test. The Trial Court held that the traffic stop at this roadblock was constitutional but found that the Defendant’s refusal was not admissible. The Win: Moments before a jury was to be selected, the State abandoned prosecution and dismissed the DUI charge.

9-25-12: Case No. 2012CT002208AXX

      • Judge Kathleen Roberts, Martin County, FL
      • Martin County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was stopped by a Martin County Sheriff’s Office deputy for allegedly speeding. The officer followed the Defendant for quite some time and alleged that the Defendant was driving erratically. The driving pattern was captured on the officer’s in-car video system. After the officer had stopped the Defendant, he was requested to submit to field sobriety testing to which he refused. The Defendant was immediately arrested and transported to the jail for breath testing, again which he refused. The Defense: Brian P. Gabriel, Esquire filed numerous Motions to Suppress challenging the legality of the traffic stop along with law enforcement’s request for field sobriety testing. After discussions with the State Attorney, the parties agreed that all of the State’s evidence would not be admissible due to certain failures by law enforcement. The Win: Prior to trial, the Government agreed to dismiss the DUI charge in return for the Defendant pleading guilty to Reckless Driving.

8-16-12: Case No. 2012CT016185A99

      • Judge Marni Bryson
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was stopped by one of Palm Beach County Sheriff’s Office’s DUI officers for allegedly failing to stop at a stop sign. The officer alleged that the Defendant’s driving pattern indicated that he may possibly be impaired. After the traffic stop, the officer observed an odor of alcohol, bloodshot eyes and ordered the Defendant to perform certain field sobriety tests which were not to the officer’s satisfaction. The Defendant was arrested and offered a breath test and refused the same. The Defense: Brian P. Gabriel, Esq., brought to the attention of the State that the roadside and jail videos of the Defendant did not support the officer’s statements in his Probable Cause report. Considering the glaring differences in the video versus officer’s reports, Mr. Gabriel informed the State of the numerous Motions to Suppress which would be argued in the Defendant’s case. The Win: Prior to trial, the State Attorney’s Office abandoned prosecution in the case and refused to file the DUI charge and the State Attorney’s Office dismissed the DUI charge.

7-30-12: Case No. 2012CT015167AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was stopped for allegedly driving the wrong direction on Central Boulevard in Jupiter, Florida and almost causing a head-on crash with a marked Jupiter Police vehicle. After the traffic stop, the officer observed the Defendant to have an odor of alcohol, slurred and mumbled speech and poor dexterity. Field sobriety tests were performed by the Defendant to which the officer noted were performed extremely poorly. After his arrest, the Defendant was taken to the Palm Beach County Jail where he was offered a breath test and refused. The Defense: Brian P. Gabriel, Esq. brought to the attention numerous inconsistencies in the police officer’s report and video tapes in this case. It was argued that the evidence did not support the charge of DUI. The Win: Prior to trial, the State Attorney’s Office agreed to dismiss the DUI charge.

7-30-12: Case No. 2012CT012179AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division.
      • Charge: DUI

The Facts: The Defendant was involved in a roll-over accident at the intersection of Military Trail and Donald Ross Road. Law enforcement officers responded and believed the Defendant was intoxicated. Law enforcement noted in their report they observed the Defendant having an odor of alcohol and having slurred speech. Field sobriety tests were attempted, but the Defendant was unable to perform the same due to his condition after the accident. Paramedics were summoned to the scene wherein blood was taken from the Defendant which registered a .145 blood alcohol level, almost twice the legal limit. The Defense: Brian P. Gabriel, Esq. was able to demonstrate to the State how law enforcement had violated several laws in collecting the blood sample and how the same would never be allowed to be used in a Court of law during the Defendant’s trial. The Win: Prior to trial, the State Attorney’s Office agreed to drop the DUI charge.

7-30-12: Case No. 2012CT00009AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was found passed out in the driver’s seat of his running vehicle in the parking lot of a shopping center. Law enforcement approached the Defendant and had a hard time awakening him. Law enforcement alleged that as the Defendant awoke, he began swinging at law enforcement officers. Eventually, law enforcement had the Defendant exit his vehicle and attempted to have him perform field sobriety tests to which the Defendant objected to. Law enforcement alleged the Defendant was extremely combative and refused any field sobriety testing along with the later offered breath test. The Defense: Brian P. Gabriel, Esq. prepared numerous Motions to Suppress the evidence in the case, and after discussing the same with the State Attorney was able to persuade the State Attorney that most of the evidence in this case would not admissible during the Defendant’s trial. The Win: Prior to trial, the State Attorney agreed to drop the DUI charge.

7-17-12: Case No. 2012CT015592AXX

      • Judge August Bonavita
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: The Defendant was stopped at Donald Ross Road for allegedly weaving as she proceeded down the highway. After the traffic stop, law enforcement smelled an odor of alcohol and believed that the Defendant was acting in an impaired state. Law enforcement eventually coerced the Defendant to perform certain field sobriety tests and placed the Defendant under arrest. Thereafter, she was transported to the Palm Beach County Jail for breath testing and refused the same. The Defense: Brian P. Gabriel, Esq. was able to demonstrate to the State Attorney numerous legal issues which would inevitably amount to evidence being suppressed. Considering the roadside video tape did not conform with the officer’s Probable Cause report, the State realized that the majority of the evidence would end up being suppressed. The Win: The State Attorney’s Office abandoned prosecution of this case and dismissed all charges.

7-13-11: Case No. 2011CF005783AXX

      • Judge Joseph Marx
      • Palm Beach County, Circuit Court, Criminal Division
      • Charge: Domestic Battery by Strangulation

The Facts: The police alleged that they responded to an apartment wherein the Defendant’s girlfriend alleged that she and the Defendant had been in an argument, eventually ending in the Defendant attempting to strangle her. The victim alleged that she was slammed against a glass door that shattered and struck on the left side of her face, resulting in injuries which were apparent to law enforcement upon their arrival. The Defendant was found a short time thereafter and placed under arrest. The Defense: Brian P. Gabriel, Esq. was able to show the State Attorney’s Office that the victim in this case was not believable. During text messaging and other documentation, the true nature and motivation of the victim was revealed wherein the State realized that trial would not be appropriate. The Win: Prior to trial, the State Attorney’s Office agreed to drop all charges.

3-26-12: Case No. 2011CT 035781AXX

      • Judge Paul Damico
      • Palm Beach County, County Court, Criminal Division
      • Charge: DUI

The Facts: Law enforcement alleged that it appeared the Defendant was driving in an extremely reckless manner. A traffic stop occurred and law enforcement alleged the Defendant had an odor of alcohol and was acting as if she was intoxicated. Law enforcement eventually had the Defendant perform field sobriety testing which she performed poorly. The Defendant was arrested and eventually transported to the Palm Beach County Jail for breath testing. The Defense: Brian P. Gabriel, Esq. was able to show the State Attorney’s Office numerous inconsistencies between the officer’s reports and the roadside video tape. Mr. Gabriel was able to demonstrate to the State that numerous pieces of alleged incriminating evidence would be suppressed if Motions to Suppress were filed. The Win: Prior to trial, the State Attorney’s Office agreed to drop the DUI charge.

1-25-12: Case #2011CT009731AXX

      • Judge Paul Damico
      • Charge: DUI

The Facts: The Defendant was stopped for allegedly speeding. The officer observed an odor of alcohol, slurred speech and had the Defendant admit to having drank “two large beers”. Field sobriety tests were performed by the Defendant and were captured on the roadside video. The Defendant was offered a breath test and refused the same. The Defense: Brian P. Gabriel, Esq. argued numerous pretrial Motions to Suppress having some of the evidence thrown out and not being able to be used at trial. The Win: After trial, the Defendant was found not guilty of the DUI charge and the infractionary offense of speeding.

1-17-12: Case #2011CF001004AXX

      • Judge Charles Burton
      • Charge: DUI Manslaughter and DUI Property Damage

The Facts: The Defendant was charged with DUI Manslaughter and DUI Property Damage. She was involved in a fatality traffic accident involving a person on a motor scooter. At the scene, law enforcement improperly had the Defendant’s blood drawn which revealed a blood alcohol level of .137 and the presence of marijuana. Under current law, the Defendant was facing a prison sentence ranging from 4 to 15 years. The Defense: Brian P. Gabriel, Esq. conducted numerous pretrial depositions of all witnesses and was able to demonstrate that law enforcement did not have the proper probable cause to believe that the Defendant was impaired by drugs and alcohol. Brian Gabriel, Esq. also discovered that law enforcement had violated the Defendant’s Miranda rights and had gathered other information at the scene of the traffic crash improperly. The Win: Prior to trial, the State Attorney agreed to dismiss the DUI Manslaughter charge and the DUI Property Damage charge in return for the Defendant entering a probationary plea to the reduced charge of Vehicular Homicide.

1-4-12: Case #2011CT035429AXX

      • Judge Laura Johnson
      • Charge: Driving Under Suspended License

The Facts: The Defendant was stopped by law enforcement, and after running the Defendant’s driver’s license record, the officer discovered that the Defendant’s license was suspended regarding old tickets and issues involving her insurance. The Defense: Brian P. Gabriel, Esq. was able to investigate the Defendant’s driving record and assist her in clearing old tickets and rectifying her insurance disqualifications. The Defendant was then able to obtain a valid driver’s license. The Win: Prior to trial, the State Attorney’s Office dismissed all charges.

12-7-11: Case #2011CT012553AXX

      • Judge Peter Evans
      • Charge: DUI

The Facts: The Defendant was charged with Improper Backing into a police car and DUI. The police were called to the scene of a potential domestic dispute and observed the Defendant attempting to leave the area and almost backing into the parked police car. Law enforcement surrounded the Defendant, made him exit the vehicle and had him perform field sobriety testing, all of which pointed toward impairment by alcohol. The Defense: Brian P. Gabriel, Esq. argued numerous pretrial Motions to Suppress and had the Court determine that law enforcement improperly gathered evidence and questioned the Defendant in violation of his Miranda rights. Other portions of the roadside investigation by law enforcement was also suppressed. The Win: Prior to trial, the State Attorney agreed to drop the DUI charge.

11-17-11: Case #2010CT012763AXX

      • Judge Paul Damico
      • Charge: DUI

The Facts: The Defendant was charged with DUI resulting from her minor traffic accident as she was picking up her child in the school pick-up lane. Law enforcement responded to the area and quickly stopped the Defendant. Law enforcement conducted a roadside DUI investigation; however, the same was never properly documented on the police in-car video camera. The Defense: Brian P. Gabriel, Esq. prior to trial deposed all witnesses involved in the case and was able to demonstrate to the State that law enforcement had violated the Defendant’s rights in numerous different ways. The Win: Prior to trial, the State Attorney dropped the DUI charge.

11-1-11: Case #2010CT024682AXX

      • Judge Paul Damico
      • Charge: DUI Injury (3rd offense)

The Facts: The Defendant was observed by law enforcement speeding and weaving down the highway. Law enforcement attempted to stop the Defendant; however, the Defendant refused to stop and continued running red light after red light. As the Defendant was fleeing, he eventually entered onto I-95 and collided with the guard rails of the entrance ramp. The Defendant then left the roadway attempting to flee law enforcement, but unfortunately rolled his pick-up truck causing him serious bodily injury. The Defense: Brian P. Gabriel, Esq. filed numerous pretrial Motions to Suppress and was successful in having the Trial Judge rule that law enforcement had violated the Defendant’s rights in regard to their accident investigation and their request for a blood test. The Win: Prior to trial, the State Attorney dropped the DUI charge.

9-30-11: Case #2010CT020178AXX

      • Judge Paul Damico
      • Charge: DUI

The Facts: A gas station attendant called the police reporting that the Defendant was intoxicated and was seen leaving the gas station. Law enforcement arrived at the scene and observed the Defendant pulling into his condo development. Law enforcement followed the Defendant into the development despite the fact that they did not have proper jurisdiction to be on the private property. The Defendant was literally stopped in his own driveway where eventually he was placed under arrest for DUI. The Defense: Brian P. Gabriel, Esq. filed numerous pretrial Motions to Suppress challenging the stop and law enforcement’s continuing investigation on the private property. The Win: After trial, the Defendant was found not guilty of DUI.

9-27-11: Case #2011CT018505AXX

      • Judge Frank Castor
      • Charge: DUI

The Facts: The Defendant was involved in a traffic accident. Numerous officers of the Boca Raton Police Department arrived and began conducting an accident investigation. Eventually, the accident investigation switched to a DUI investigation and the Defendant was arrested for DUI. The Defendant refused to submit to a breath test at the police station. The Defense: Brian P. Gabriel, Esq. took pretrial depositions and additional discovery was uncovered and brought to the attention of the State Attorney’s Office. This evidence demonstrated that there was insufficient proof for the State Attorney’s Office to move forward on the DUI charge. The Win: Prior to trial, the DUI charge was dismissed.

9-27-11: Case #2011CT017784AXX

      • Judge Frank Castor
      • Charge: DUI

The Facts: The Defendant was stopped for allegedly driving recklessly. The police were notified of the Defendant’s driving through an anonymous caller. Upon law enforcement stopping the Defendant, they requested him to perform field sobriety exercises to which he refused. Almost immediately upon the Defendant’s refusal to submit to field sobriety exercises, law enforcement placed the Defendant under arrest for DUI. The Defense: Brian P. Gabriel, Esq., through pretrial depositions and discovery, was able to demonstrate to the State Attorney’s Office that the officers acted improperly in arresting the Defendant for what appeared to be purely his refusal to perform field sobriety exercises. The Win: Prior to trial, the DUI charge was dismissed.

9-13-11: Case #2010CT033601AXX

      • Judge Paul Damico
      • Charge: DUI

The Facts: The Defendant was stopped for allegedly speeding. Law enforcement also immediately began questioning the Defendant of whether or not he had consumed any alcohol. The Defendant denied the consumption of any alcohol which, in turn, only agitated the officer even more. The Defendant was forced to do the field sobriety exercises, and after being placed under arrest which he thought was improper, he refused to submit to a breath test. The Defense: Brian P. Gabriel, Esq. filed numerous pretrial Motions to Suppress challenging the original traffic stop, the investigation at the side of the road, and the Defendant’s refusal to submit to a breath test. The Win: After trial, the Defendant was found not guilty

8-31-11: Case #2011CT021798AXX

      • Judge Laura Johnson
      • Charge: Violation of Driver’s License Work Restriction

The Facts: The Defendant had been previously arrested for DUI. As a result, his license had been restricted for business purposes only. The Defendant was stopped in the early evening and when the Defendant informed the officer that he was driving for work purposes, the officer still cited the Defendant for violating the law. The Defense: Brian P. Gabriel, Esq. was able to investigate the Defendant’s work schedule and was able to gather the proper documentation to establish that the charge was wrongfully filed against the Defendant. The Win: Prior to trial, the State Attorney’s Office dismissed the charge.

8-24-11: Case #2010CT010321AXX

      • Judge Paul Damico
      • Charge: DUI (3rd offense)

The Facts: The Defendant was observed driving perfectly at approximately 7:00 a.m. one morning. Law enforcement, however, stopped the Defendant’s vehicle because she had one brake light not properly functioning. Upon law enforcement approaching the vehicle, it was discovered that the Defendant was driving her passenger’s vehicle due to the fact that the passenger was extremely intoxicated and was vomiting all about the vehicle. Law enforcement ordered the Defendant out of the vehicle and attempted to force her to perform field sobriety exercises. The Defendant refused and she was immediately placed under arrest for DUI. Due to her improper arrest, she additionally refused to submit to any breath test. The Defense: Brian P. Gabriel, Esq. conducted depositions and pretrial discovery which formed the basis of numerous pretrial Motions to Suppress which were heard prior to trial. The Court found that law enforcement would not be allowed to utilize the Defendant’s refusals to perform certain testing and that some of the statements by the Defendant were in violation of her Miranda rights. The Win: After trial, the Defendant was found not guilty.

8-1-11: Case #2011MM002446AXX

      • Judge Frank Castor
      • Charge: DUI

The Facts: The Defendant was seen on the island of Palm Beach driving allegedly too fast and with his music playing too loud. Officers from the Town of Palm Beach followed the Defendant as he left the town’s jurisdiction. Eventually, law enforcement pulled the Defendant over in the City of West Palm Beach. There, a DUI investigation ensued where it was uncovered that the Palm Beach Police officers did not properly activate the microphone system for the in-car video camera. After law enforcement’s investigation, he was placed under arrest and charged with DUI. The Defense: Brian P. Gabriel, Esq. filed numerous pretrial Motions to Suppress alleging that the traffic stop was illegal due to it occurring in another jurisdiction, that the Town of Palm Beach Police Department violated their department rules by not properly recording the roadside investigation, the Defendant was improperly interrogated without the protections of Miranda, and that his refusal to submit to a breath test was improper. The Win: Prior to trial, the DUI charge was dismissed.

8-1-11: Case #2011CT004196AXX

      • Judge Marni Bryson
      • Charge: DUI (3rd offense)

The Facts: The Defendant was charged with a third offense drug impairment only DUI. The Defendant was stopped by law enforcement after an anonymous called notified law enforcement of his erratic driving. Upon law enforcement’s arrival, the Defendant was exhibiting signs of extreme drug impairment and eventually law enforcement placed the Defendant under arrest for DUI. The Defendant submitted to a breath test which reflected no alcohol but refused to submit to a urine test. The Defense: Brian P. Gabriel, Esq. conducted pretrial discovery and was able to properly document to the State Attorney’s Office the Defendant’s addiction issues from his lawful pain medication prescriptions. The Win: The State Attorney’s Office agreed that due to the Defendant’s addiction issues, he should not be sentenced to the mandatory jail sentence required for such a severe offense and agreed to have the Defendant seek treatment in an in-patient treatment facility.

6-21-11: Case #2010CT025021AXX

      • Judge Paul Damico
      • Charge: DUI

The Facts: The Defendant was allegedly driving her vehicle at a high rate of speed and in a reckless manner. Law enforcement conducted a traffic stop and almost immediately began focusing on a DUI investigation. After performing some of the field sobriety exercises, the Defendant was arrested and charged with DUI. The Defense: Brian P. Gabriel, Esq. successfully argued numerous pretrial Motions to Suppress centering around law enforcement’s DUI investigation and the violation of the Defendant’s constitutional rights. The Win: Prior to trial, the State Attorney’s Office dropped the DUI charge.

6-14-11: Case #2010MM016589AXX

      • Judge Frank Castor
      • Charge: DUI

The Facts: The Defendant was observed speeding over 100 miles per hour. Law enforcement pursued the Defendant through three different jurisdictions. After the traffic stop, law enforcement began questioning the Defendant and almost immediately began a DUI investigation. Law enforcement had the Defendant perform field sobriety exercises which, in the officer’s opinion, were performed poorly. The Defendant was arrested and eventually submitted to a breath test reflecting twice the legal limit. The Defense: Brian P. Gabriel, Esq. successfully argued numerous pretrial Motions to Suppress whereby the Court threw out portions of law enforcement’s investigation at the roadside. Through pretrial discovery, it was also learned that there were significant issues involving the breath test that was administered. The Win: After trial, the Defendant was not guilty of DUI.

6-9-11: Case #2010MM010748AXX

      • Judge Paul Damico
      • Charge: DUI

The Facts: An anonymous caller called the police reporting two allegedly intoxicated individuals getting into a car and leaving a restaurant. Law enforcement responded to the scene and observed the individuals in the vehicle as they exited the parking lot. Law enforcement followed the Defendant’s vehicle for several miles and eventually effectuated a traffic stop as the Defendant pulled into the driveway of her house. The Defendant immediately informed law enforcement that she wished to contact her attorney and continued to resist law enforcement’s investigation into a DUI. The Defense: Brian P. Gabriel, Esq. conducted numerous pretrial depositions and was successful in arguing pretrial Motions to Suppress involving the legality of the traffic stop, law enforcement’s investigation at the roadside and the Defendant’s refusal to submit to a breath test. The Win: Prior to trial, the State Attorney’s Office dropped the DUI charge.

6-7-11: Case #2010MM022056AXX

      • Judge Marni Bryson
      • Charge: Battery

The Facts: The Defendant and his fiancé were at a gathering of friends when his fiancé was attacked by one of the party-goers. The Defendant calmly removed his fiancé from the situation, but later in the night found himself again being confronted by other party-goers. The Defendant attempted to remove himself and his fiancé from a situation but found himself having to act when confronted with the imminent danger that his fiancé may again be attacked. Unfortunately, the Defendant felt that he had no other choice to defend himself. The police were called and the Defendant was charged with Battery. The Defense: Brian P. Gabriel, Esq. took pretrial depositions and was able to substantiate that the alleged victim appeared to be the aggressor and that the Defendant was merely defending his fiancé. However, the State Attorney’s Office still refused to dismiss the case and the Defendant went to trial. The Win: After trial, the Defendant was found not guilty.

5-6-11: Case #2010CT016455AXX

      • Judge Marni Bryson
      • Charge: DUI

The Facts: The Defendant was observed driving in an erratic manner and was eventually stopped by law enforcement due to his driving pattern. The stopping officer noted that the Defendant’s vehicle seemed to be “slipping gears” and, in fact, the Defendant’s vehicle was having transmission difficulties. After the traffic stop, the arresting officer questioned the Defendant regarding the consumption of alcohol, and after a full DUI investigation still decided to place the Defendant under arrest even though the observed signs of alcohol impairment were minimal. After the Defendant’s arrest, law enforcement informed him that he would need to submit to a breath test and a urine test to determine whether or not he was under the influence of alcohol and/or drugs. The Defense: Brian P. Gabriel, Esq. conducted thorough pretrial discovery and was able to demonstrate to the State Attorney’s Office that the arresting officer’s version of events was not corroborated by the police video. Furthermore, Mr. Gabriel was able to get the State’s agreement that law enforcement was not acting appropriately when the multiple for requests for breath and urine were given to the Defendant. The Win: Prior to trial, the State Attorney’s Office dropped the DUI charge.

2-14-11: Case #2010CT015030AXX

      • Judge August Bonavita
      • Charge: DUI

The Facts: The Defendant was observed by law enforcement with the West Palm Beach Police Dept. to have been allegedly speeding and weaving. Additionally, law enforcement complained that when the Defendant stopped at the stoplight, his front wheels went past the stop bar. After the traffic stop, the officer, the City’s designated DUI officer, immediately began questioning the Defendant regarding alcohol consumption. A DUI investigation continued and the Defendant was eventually arrested for DUI. The Defendant refused the breath test due to law enforcement’s failure to fully advise him of the Implied Consent law. The Defense: Brian P. Gabriel, Esq. conducted pretrial discovery and was successful with his pretrial Motions to Suppress to having some of law enforcement’s evidence suppressed or thrown out. Additionally, Mr. Gabriel was able to demonstrate for the State Attorney that the amount of evidence left for trial would not be sufficient for a conviction. The Win: Prior to trial, the State Attorney’s Office dismissed the DUI charge.

2-11-11: Case #2010CT009884AXX

      • Judge Peter Evans
      • Charge: DUI

The Facts: The Defendant improperly parked his sports car in a designated handicapped space. The Defendant observed a law enforcement officer writing him a citation and approached the officer in an attempt to talk his way out of the ticket. Considering the Defendant had been drinking, law enforcement attempted to get the Defendant into his vehicle to move the vehicle so that he could then be charged with DUI. The Defendant refused to enter his vehicle; however, that did not stop the officer from falsely alleging that the Defendant was in his vehicle and arresting him for DUI. The Defense: Brian P. Gabriel, Esq. conducted numerous pretrial depositions and ultimately filed numerous Motions to Suppress the evidence and the arrest of the Defendant’s case. Numerous pieces of evidence were thrown out by the Trial Judge and the State Attorney’s Office ultimately had serious questions regarding the truthfulness of the arresting officer’s testimony when confronted with evidence gathered by Mr. Gabriel. The Win: Prior to trial, the State Attorney’s Office nolle prossed (dismissed) all charges, including the DUI.

2-2-11: Case #2010CT024568AXX

      • Judge Peter Evans
      • Charge: DUI

The Facts: The Defendant was involved in a single car motor vehicle accident. Law enforcement arrived and improperly conducted their accident investigation. Eventually, law enforcement transported the Defendant to the hospital. After being medically cleared, he was transported to the Breath Alcohol Testing Center where law enforcement requested him to submit to a breath test. The Defendant refused to submit. The Defense: Brian P. Gabriel, Esq. conducted numerous pretrial depositions and successfully argued during a Motion to Suppress hearing that law enforcement conducted an improper accident investigation and criminal investigation. Certain statements of the Defendant were thrown out and the case proceeded to jury trial. The Win: After trial, the Jury found the Defendant not guilty of DUI.

1-26-11: Case #2009-004998MM10A

      • Judge Gary Cowart – Broward County
      • Charge: DUI

The Facts: Early in the morning, the Defendant was observed weaving down a residential roadway and allegedly collided with garbage cans at the end of driveways. The Defendant proceeded down the street and entered the private drive of an exclusive neighborhood in Lighthouse Point. Law enforcement was summoned and found the Defendant asleep in his vehicle. After the Defendant was awoken, numerous members of law enforcement questioned the Defendant and asked him to perform field sobriety exercises which he refused, stating no comment. The Defendant was arrested, taken to the Broward County Jail where he requested to be able to perform field sobriety exercises. Law enforcement at this time did not allow the Defendant to perform the same and began requesting the Defendant to submit to a breath test. The Defendant refused the breath test but agreed to submit to a blood test. The Defense: Brian P. Gabriel, Esq. conducted numerous pretrial depositions and was able to successfully argue numerous Motions to Suppress dealing with the illegal arrest on private property, the violation of the Defendant’s Miranda rights, law enforcement’s refusal to allow the Defendant to perform field sobriety testing and errors in the requested breath and blood tests. After three days of Motion to Suppress hearings, the Trial Judge granted the Motions to Suppress thereby throwing out virtually all of the evidence in the case. The Win: Prior to trial, the State Attorney’s Office dismissed the DUI charge.

3-29-10: Case No. 2009CT016256AXX

      • Judge Paul O. Moyle – Palm Beach County, County Court, Criminal Div.
      • Charge: DUI

The Facts: In this case, the client had been stopped and eventually arrested for the charge of DUI by the Palm Beach Gardens Police Department. However, the arresting officer made all of his observations of the Defendant driving outside the city limits of Palm Beach Gardens. A Palm Beach Gardens Police Department officer had observed the Defendant driving in an unincorporated area of Palm Beach County which was the Palm Beach County Sheriff’s Office jurisdiction. The Defense: Brian P. Gabriel, Esq., filed numerous Motions to Suppress all evidence from this illegal arrest and the Court took testimony from the Palm Beach Gardens Police Department officer. The Court suppressed all of the evidence in this case due to the fact that this officer had no authority to make a traffic stop outside of his jurisdiction. The Court found that no exigent circumstances were presented to be able to allow the Palm Beach Gardens Police Department officer to make an extra-jurisdictional arrest. The Win: Prior to trial, the State Attorney’s Office dismissed the DUI charge.

5-20-09: Case No. 4D07-4386

      • Fourth District Court of Appeals
      • Charge: Violation of Probation

The Facts: In this case, the client was charged with violating his probation. The client had originally been sentenced to a term of probation and had a five year prison sentence suspended. The client needed to successfully complete probation and, thereby, he would not have to serve any form of prison time. However, if this Defendant had been found to violate his probation, the five year suspended prison sentence would be placed in force. There was an allegation that the Defendant violated his probation and the Trial Court decided to increase the sentence to a full fifteen years. The Defense: The case was appealed and brought forth to the Fourth District Court of Appeals wherein the Court held that Brian P. Gabriel, Esq.’s arguments on behalf of his client were correct. The maximum sentence that could ever be imposed was the suspended five year sentence. The Win: The Fourth District Court of Appeals ordered the Trial Judge to reduce the client’s sentence from fifteen years in prison to five years in prison.

7-17-08: Case No. 2008CA001590XXXXMB”AY”

      • Palm Beach County, Circuit Court, Appellate Division
      • Charge: DUI

The Facts: The client had accepted a plea to the charge of DUI and was ordered to have the ignition interlock device placed in her vehicle. However, due to her medical condition, the Florida Department of Highway Safety and Motor Vehicles allowed this requirement to be waived. Then the Department of Highway Safety and Motor Vehicles ordered that instead of having the privilege to drive with the ignition interlock, that since that requirement had been waived that the client’s driving privilege would be suspended for a full year. The Florida Department of Highway Safety and Motor Vehicles held that their own rules require this suspension. The Defense: Brian P. Gabriel, Esq. successfully challenged on appeal the Department’s rules which resulted in the Appellate Court finding that this rule was improper and violated the client’s constitutional rights. The Win: The Appellate Court ordered the Department of Highway Safety and Motor Vehicles to remove the suspension, thereby allowing the client to have her driver’s license reinstated.

7-31-06: Case No. 2005CT027320AXX

      • Palm Beach County, Circuit Court, Appellate Division
      • Charge: DUI

The Facts: In this case, the client had been stopped at a DUI checkpoint in Lake Worth, Florida. The checkpoint was set up to be able to teach new police officers how to properly conduct the DUI checkpoint. The Department of Highway Safety and Motor Vehicles suspended the client’s driving privilege due to this arrest. The Defense: Brian P. Gabriel, Esq. successfully challenged on appeal that the DUI checkpoint was not proper and violated the client’s constitutional rights. The Appellate Court held that when officers from multiple jurisdiction set up a roadblock, certain requirements must be met and that there must be compliance with what is known as the Mutual Aid Agreement which allows officers from other jurisdictions to act as police officers in different jurisdictions. The Win: The successful result of the appeal gave the client his driving privileges back and reinstated his driver’s license. The State Attorney’s Office ultimately dropped the DUI charge.

2-8-06: Case No. 4D05-3111

      • Fourth District Court of Appeals
      • Charge: Vehicular Homicide and Manslaughter

The Facts: In this case, the client had been involved in a motor vehicle accident that resulted in the death of a young lady. The reason for the accident was undisputed. The client suffered from epilepsy and had a seizure that caused the accident. The State of Florida charged the client with Vehicular Homicide and Manslaughter. Considering the client was a known epileptic, the Department of Highway Safety and Motor Vehicles had certain medical records of his on file with their Medical Advisory Board. The Defense: Brian P. Gabriel, Esquire successfully challenged on appeal that the records held by the Medical Advisory Board of the Department of Highway Safety and Motor Vehicles were absolutely privileged and that those records or the information contained in those records could not be used against the client in his trial. The Win: Following the successful appeal, the client received and accepted a resolution to his case wherein he pled guilty to two misdemeanor charges and was sentenced to two years of probation.

9-14-05: Case No. 2003CT018385AXX

      • Palm Beach County, Circuit Court, Appellate Division
      • Charge: DUI

The Facts: The client was charged with DUI. Through investigation, it became known that the client was arrested in a private homeowners association. The Defense: Brian P. Gabriel, Esq. successfully challenged on appeal that in order for law enforcement to effectuate a DUI arrest in a private homeowners association, law enforcement would have had to have complied with certain requirements found in the Florida Statutes. Those requirements explicitly require that the arresting agency enter into a contractual agreement with the homeowners association to be able to enforce traffic laws. If no contractual agreement was entered into, then the stop of the Defendant’s vehicle would be determined to be unconstitutional and the evidence suppressed from the case. The Win: The Appeals Court decided in favor of the Defendant.

5-16-05: Case No. 2003CT015288MMA08

      • Palm Beach County, Circuit Court, Appellate Division
      • Charge: DUI

The Facts: In this case, the client was charged with DUI. During pretrial motions, it became known that law enforcement had improperly destroyed video tape evidence of the investigation of the Defendant at the roadside. The Defense: Brian P. Gabriel, Esquire successfully challenged on appeal that law enforcement’s destruction of the video tape evidence from law enforcement’s roadside investigation was in violation of the client’s constitutional rights. The Win: The successful result of the appeal resulted in a complete dismissal of the client’s DUI charge.

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