Traffic Criminal / Misdemeanors / Felonies / HTO Reversals
All cases listed are in the public records of the originating county.
UPDATED March 18, 2009
Case #08-TC-7579 Osceola County
Charge: DUI / Refusal
Attorney Strategy: 3 Motions to Suppress and 1 Motion In Limine / Negotiation with State
Result: Attorney Shepelrich filed motions to suppress and a motion in limine related to the State's evidence in the case. During the hearings on the motions, a negotiation took place between the State Attorney with input from the arresting officer. The State agreed to reduce the DUI to a reckless driving charge. No criminal license suspension, no DUI conviction.
Case #08-TC-7059 Osceola County
Charge: DUI / Refusal
Attorney Strategy: Negotiation with State Attorney
Result: Attorney Shepelrich negotiated a resolution where the client pled to the lesser offense of reckless driving alcohol related. No DUI conviction and no criminal driver's license revocation.
Case #08-TC-2704 Osceola County
Charge: DUI 2nd offense BAC > .20
Attorney Strategy: Negotiation with State Attorney
Result: Attorney Shepelrich negotiated a resolution where the client pled to a lesser offense of reckless driving alcohol related. This was client's second DUI charge in 4 months. No DUI conviction and no driver's license revocation.
Case #08-CF-2387 / 08-TC-2413 Osceola County
Charge: Possession Unauthorized Dl (Felony) / No motorcycle endorsement
Attorney Strategy: Negotiation with State Attorney
Result: Attorney Shepelrich negotiated a resolution where the client received a withhold of adjudication on both charges (no felony conviction) with early termination of probation after completion of all terms and conditions.
Cases #08-MM-2180 / 08-TC-4817 Osceola County
Charge: Possession / No Valid Driver License
Attorney Strategy: Negotiation with State Attorney / Motion to Dismiss - Violation of Speedy Trial
Result: The initial discovery paperwork uncovered an issue as to whether the allegations of posession were provable as to the client. After review, the State dropped the Possession charges. As to the No Valid License, Attorney Shepelrich moved to dismiss the No Valid charge after the Deputy failed to file the citation within 90 days of the arrest. The No Valid charge was also dropped.
Case #08-MM-1699 Osceola County
Charge: Possession
Attorney Strategy: Attorney Shepelrich filed a Motion to Suppress illegally obtained evidence. The basis of the motion dealt with an anonymous tip related to the client not being corroborated by law enforcement. It also challenged whether a subsequent encounter with the Agent was consensual or a detention requiring fourth amendment protections. On the day of the suppression hearing the State agreed to key concessions in a plea offer that the client was pleased to accept. Concessions included a a withhold of adjudication, low community service hours and No Objection to Early Termination of Probation.
Result: Case resolved with negotiated plea - no 2 year license suspension
Case #08-MM-1985 Osceola County
Charge: Possession
Attorney Strategy: Negotiation with State Attorney
Result: Attorney Shepelrich negotiated a Pre Trial Diversion resolution where upon completion of the Diversion requirements -- all charges against client will be dropped by the State
Case #07-TR-23264 Osceola County
Charge: DWLS without Knowledge - Paid and led to HTO Designation
Attorney Strategy: Client appeared at the Courthouse to resolve this past due ticket. By paying the ticket a third conviction was posted on the driving record and the license was revoked for 5 years. Attorney Shepelrich examined the driving record and identified the case which resulted in the HTO suspension. A motion to set aside that result was filed. The Judge granted the motion, set aside the result that led to the HTO revocation and RESET the case for a traffic hearing. The Sgt. who issued the citation over a year ago appeared in court. After negotiation with the Sgt., Attorney Shepelrich convinced him to dismiss the case. With the dismissal, there was no third qualifying offense.
Result: HTO REVOCATION/SUSPENSION REVERSED/REMOVED FROM DRIVING RECORD-- LICENSE RESTORED
Case #08-CF-4209 Orange County
Charge: Felony DWLS Habitual Traffic Offender
Attorney Strategy: The same client from the prior case was charged with Felony DWLS for driving on the HTO suspension. As a result the work done by Attorney Shepelrich in securing the reversal of the HTO status, Attorney Shepelrich negotiated a result where the State agreed to resolution of the case with a plea to NO VALID DRIVER license.
Result: Felony reduced to Misdemeanor NO VALID DRIVER LICENSE - based on HTO REVERSAL
Case #08-MM-001824 Seminole County
Charge: Habitual Traffic Offender Reversal related to DWLS with Knowledge
Attorney Strategy: Client appeared in court (before hiring the firm) on a DWLS with Knowledge (criminal case). The client presented a valid license to the State Attorney and the State Attorney agreed to reduce the charge to DWLS without Knowledge (a ticket). Client was happy to have her crminal charge reduced to a ticket and accepted the same. The Judge adjudged the client guilty. Soon thereafter, the DMV sent a notice to the client that the license would be revoked for 5 years as paying the reduced DWLS resulted in HTO status. Attorney Shepelrich stepped in and obtained the transcripts of the court hearing where to client appeared to determine if the Judge advised the open courtroom about the consequences of a DWLS conviction. There was nothing in the record to indicate this and a motion to set aside the plea in the case was filed. After extensive negotiation with the State Attorney and after a hearing in Court, the original sentence was vacated and the charge was changed to NO VALID DRIVER'S LICENSE. This charge does not trigger the HTO classification.
Result: HTO REVOCATION/SUSPENSION REVERSED/REMOVED FROM DRIVING RECORD-- LICENSE RESTORED
Case #06-CF-6128 Seminole County
Charge: Felony DWLS Habitual Traffic Offender
Attorney Strategy: Attorney Shepelrich was successul in securing the reversal of the client's HTO status. Client paid a DWLS Without Knowledge Citation that resulted in the HTO designation on which client was arrested. After the HTO reversal, Attorney Shepelrich negotiated a result where the State agreed to resolution of the case with a plea to NO VALID DRIVER license.
Result: Felony reduced to Misdemeanor NO VALID DRIVER LICENSE - based on HTO REVERSAL
Case #07-MM-3116 Osceola County
Charge: Possession
Attorney Strategy: Enter appearance on case, have client take drug test to help discredit claim of posession
Result: State dropped all charges.
Case #s 07-TC-6481, 07-TC-6482 Osceola County
Charge: DUI / DUI Refusal 3rd offense
Attorney Strategy: Negotiation
Result: Attorney Shepelrich convinced the State, based on witness problems, that they would be unable to prove the charges. As a result the State DROPPED ALL CHARGES.
Case # 2007MM012951A Seminole County
Charge: DUI Refusal
Attorney Strategy: Negotiation
Result: After reviewing the evidence, Attorney Shepelrich convinced the State Attorney that they would not be able to prove that the Defendant was impaired beyond a reasonable doubt. The case was set for trial and after further negotiation the State agreed to REDUCE THE CHARGE to RECKLESS DRIVING. As a result, there was no further license suspension and the Client will not have a DUI conviction on their record.
Case # 07-TC-1976 Osceola County
Charge: Racing on the Highway
Attorney Strategy: Motion to Dismiss
Result: Attorney Shepelrich filed and argued a Motion to Dismiss based on another Court finding the Racing on the Highway Statute to be unconstitutional. The Judge granted the motion and dismissed the case.
Case # 07-TC-1546 Osceola County
Charge: Leaving the Scene of an Accident
Attorney Strategy: Negotiation with State Attorney
Result: After pointing out issues with the State's evidence and witnesses, Attorney Shepelrich convinced the state attorney to drop the charges (nolle prosse)
Case # 07-TC-895 / 07-TC-896 Osceola County / DMV Hearing
Charge: DUI / DUI with Property Damage (Breath > .20)
Attorney Strategy: Announced Ready for Trial
Result: Attorney Shepelrich announced ready for trial while continuing to negotiate with the State Attorney. After pointing out issues related to placing client behind the wheel after the accident and with the jury being called into the courtroom, the State agreed to reduce the first charge of DUI to reckless driving. The second charge of DUI was Nolle Prossed (Dropped). Client's license was not suspended due to criminal case. Attorney Shepelrich also won the DMV hearing and reversed the DMV's decision to suspend client's license based on a breath result over .08.
Case # 07-TC-196 / 07-TT-7515 / 07-TT-7517 / 07-TT-7518 Osceola County
Charges: Leaving the Scene of an Accident with 3 related traffic infractions
Attorney Strategy: Negotiation with State Attorney
Result: Attorney Shepelrich was able to convince the State Attorney via alibi evidence and examination of physical evidence that client was not the person involved in the accident. State nolle prossed the criminal charge and Judge dismissed the 3 infractions.
Case # 07-CT-2654-O Orange County
Charge: Leaving the Scene of an Accident
Attorney Strategy: Negotiation with State Attorney
Result: After pointing out issues with the State's evidence and witnesses, Attorney Shepelrich convinced the state attorney to drop the charges (nolle prosse)
Case # 07-TC-1546 Osceola County
Charge: Diving outside of license restriction
Attorney Strategy: Negotiation with State Attorney
Result: After pointing out issues with the State's case as it related to lack of proof that client was in violation of their business purposes license, Attorney Shepelrich convinced the state attorney to drop the charges (nolle prosse)
Case # 06-TC-7429 Osceola County
Charge: Reckless Driving (second offense)
Attorney Strategy: Negotiation with State Attorney
Result: After pointing out issues with the State's evidence and witnesses, Attorney Shepelrich convinced the state attorney to reduce the charge from a criminal offense to the civil infraction of careless driving.
Case # 06-TC-8791 Osceola County
Charge: Racing
Attorney Strategy: Negotiation with State Attorney
Result: Attorney Shepelrich convinced the State to agree on a referral to a diversionary program. Upon completion of the program, the charges against the client will be dismissed.
Case # 06-TC-7938 / 06-TC-7939 / 06-TC-7940 / 06-TC-7941 Osceola County
Charge: Leaving the Scene of an Accident three counts / No valid license
Attorney Strategy: Negotiation with State Attorney
Result: After pointing out issues with the State's evidence, Attorney Shepelrich convinced the state attorney to drop the charges (nolle prosse) - and have the client perform a diversion program that will result in dismissal on the no valid license charge.
Case # 05-TC-3455 Osceola County
Charge: DUI - complete refusal (no breath/blood results, no roadside exercises)
Attorney Strategy: Jury Trial
Result: Client found NOT GUILTY by jury
Case # 05-TC-5055 Osceola County
Charge: DUI (refusal and medical blood drawn after falling unconscious)
Attorney Strategy: Various Motions to Suppress Evidence / Negotiation with State Attorney
Result: State agreed to Drop the Charges prior to hearings on the Defense Motions that were filed to exclude evidence.
Case # 05-TC-5057 Osceola County
Charge: DUI (Breath Results > .08)
Attorney Strategy: Motion to Suppress Stop/Exlude evidence obtained unlawfully
Result: State agreed to Drop the Charges prior to the hearing on the motion to supress
Case # 05-TC-3430 Osceola County
Charge: Racing on the Highway - Defendant #1
Attorney Strategy: Negotiaion with State Attorney
Result: Attorney Shepelrich was able to convince the State Attorney to amend the charge from Racing to a civil infraction of Aggressive careless driving thus avoiding the potential license suspension. After amended and transferred to traffic court, the citation was dismissed entirely.
Case # 05-TC-3431 Osceola County
Charge: Racing on the Highway - Defendant #2
Attorney Strategy: Negotiaion with State Attorney
Result: Attorney Shepelrich was able to convince the State Attorney to amend the charge from Racing to a civil infraction of Aggressive careless driving thus avoiding the potential license suspension. After amended and transferred to traffic court, the citation was dismissed entirely.
Case # 05-TC-6417 Osceola County
Charge: Racing on the Highway
Attorney Strategy: Negotiaion with State Attorney
Result: Attorney Shepelrich was able to convince the State Attorney to amend the charge from Racing to a civil infraction of Careless driving thus avoiding the potential license suspension. After amended the Judge accepted the resolution and agreed to withhold points on the client's driving record.
Case # 04-TC-000785 Osceola County
Charge: Driving While License Suspended (With Knowledge)
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction (Withhold of Adjudication)
Case # 03-TC-004528 Osceola County
Charge: Driving While License Suspended (With Knowledge)
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction (Withhold of Adjudication)
Case # 2003-CT-0258648-O Orange County
Charge: Reckless Driving
Attorney Strategy: Negotiation with State Attorney
Result: Criminal charge reduced to civil traffic infraction - Careless Driving. No criminal conviction.
Case # 04-TC-002358 Osceola County
Charge: No Driver License
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction (Withhold of Adjudication)
Case # 04-TC-005350 Osceola County
Charge: No Driver License
Attorney Strategy: Negotiation with State Attorney
Result: Nolle Prosequi (State dropped the charges)
Case #'s 04-TC-001907 / 04-TT-20618 / 04-TT-20619 / 04-TT-20620 Osceola County
Charges: Reckless Driving and 3 Civil Infractions
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction (Withhold of Adjudication) 3 civil infractions dismissed.
Case # 2004-CT-0002389-O Orange County
Charge: No Driver License (2nd offense)
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction (Withhold of Adjudication)
Case # CT-04-550 St. Johns County
Charge: No Driver License (3rd offense)
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction (Withhold of Adjudication)
Case #'s 04-TC-000943 / 04-TT-011168 Osceola County
Charges: Leaving the Scene of an Accident / Improper Passing
Attorney Strategy: Negotiation with State Attorney
Result: Criminal leaving the scene charge was reduced to a civil infraction. The case was transferred to traffic infraction court along with the improper passing citation where both cases were Dismissed.
Case # 48-2004-CT-003761-W Orange County
Charge: No Motorcylce Endorsement
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction (Withhold of Adjudication)
Case # 48-2004-CT-003680-W Orange County
Charge: Driving While License Suspended (With Knowledge)
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction (Withhold of Adjudication)
Case # 2003-CT-02455410-O Orange County
Charge: Violation of Driver License Restriction (5 Year Suspension)
Attorney Strategy: Negotiation with State Attorney
Result: No criminal conviction / No additional suspension (Withhold of Adjudication)
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