Tuesday, June 17, 2008

Vehicular Homicide

  • Facts: In a Martin County Felony Criminal Traffic Homicide Case, Case Number 04-773-CF-MA, the defendant, a Mexican National, was traveling northbound on I-95 in the Hobe Sound area. The testimony showed that the defendant was travelling above the speed limit on a rained slick road. Due to the speed of the car coupled with bad weather conditions, the defendant's car hydroplaned, and crossed the median of I-95. The defendant's vehicle then began to travel north bound on I-95 in the South bound lanes into oncoming traffic. The defendant's vehicle struck another vehicle causing a violent car acident in Martin County, Florida. The driver of the southbound vehicle was killed instantly in the traffic accident. The defendant was arrested and charged with Vehicular Homicide. Because the defendant was an illegal, he was held no bond.
  • Defense: Defense attorney Andrew D. Stine of West Palm Beach, Florida and his team conducted an evaluation of all evidence. After combing through all of the State's evidence, Attorney Andrew D. Stine began to realize the defendnat was falsely arrested and being illegally held. Attorney Stine filed several motions, including a Violation of Miranda and an Accident Report Privilege. With several motions pending before the Honorable Judge Larry Shack, the State of Florida decided to Nolle Pros the case. All charges were dropped and the defendant was immediately released from custody from the Martin County Jail.

Lewd and Lascivious Battery

  • Facts: In Palm Beach County Felony Case Number 2004-CF-010535 AXX the defendant was charged with Lewd and Lascivious Battery. It was charged that the defendant committed Lewd and Lascivious molestation on a child, it was alleged that he touched a young girl inappropriately without intent to commit rape. It was also alleged that the defendant penetrated the alleged victim with his penis and or fingers.
  • Defense: Defense attorney Andrew Stine aggressively prepared a defense in this case. Witnesses were brought in to testify. This sounds easy but the witnesses were from Honduras, and were illegal. Therefore, Attorney Stine had to summon the help of the Honduran consulate and required a court order to bring the witness into the court to testify. The witnesses’ testimony refuted the allegations and the case was Nolle-Prossed. The result of this case was the State dropping all charges.

Aggravated Battery with a Deadly Weapon

  • Facts: In Palm Beach County Felony Case Number 2008-CF-002479 AMB the defendant was charged with Aggravated Battery with a Deadly Weapon. The defendant used his vehicle on Southern Blvd. in Palm Beach County, to run into the vehicle of the victim Mr. George. The defendant's actions of using his monster truck as a weapon to ram the victim's vehicle on several occassions, over the distance of 4 miles, caused head injuries to the victim and totally destroyed his $130,000.00 Mercedes. Because of the evidence against the defendant, including a full confession, several eye witnesses and a destroyed vehicle with paint marking matching the impounded monster truck, the State charged that the defendant intentionally and repeatedly struck Mr. George against his will, and in doing so used a motor vehicle as a Deadly Weapon in this Palm Beach County, Florida criminal felony case. The defendant in this case was a former State Trooper, CIA Agent and U.S. Army Solider. Actually, the facts showed that the defendant used the PITT maneuver to finally stop the victim's car, before the defendant backed his monster truck on top of it reducing it to a pile of scrap. The State was asking for the bottom of the guidelines, under the Florida Sentencing Punishment Code, which was more than 3 years in the department of corrections. Attorney Andrew D. Stine and his team began the case with the theory of defense that the defendant was in acting in defense of others, and that the victim was actually at fault.
  • Defense: Defense attorney Andrew D. Stine aggressively prepared a defense in this case, defense of others, motions were filed, depositions were taken, the investigation was finished. The outome of the case, the State of Florida agreed to drop the Aggravated Battery Charges. The defendant was given probation with no felony conviction on his record. Adjudication was withheld and this once seemingly hopeless case turned on the preparation of the team of Attorney Andrew D. Stine.