Trafficking in Oxycodone and Possession of Diazepam

The Defendant was driving a vehicle which is owned by her Father. Specifically, a Mercedez-Benz. Davie Police Officer stopped her for a “bad tail light”, ordered the passenger and the Defendant out of the vehicle, and found Oxycodone and Diazepam pills in the vehicle. The officers asked the passenger to take responsibility for the drugs which he denied. Thus, the officers arrested the Defendant and charged her with a 25 year minimum mandatory Count I: Trafficking Oxycodone and Count II: Possession of Diazepam .

Judge Carlos Rodriguez granted Tom O’Connell’s Motion to Suppress based upon the fact that the Father’s car was examined by a certified Mercedez-Benz technician, who provided an affidavit for the court for the Motion To Suppress. Specifically, the Father picked up the Mercedez-Benz at the tow truck facility wherein the tag light was perfect. The computerized report provided by Mercedez-Benz indicated there was no tag light problem or other problems with the vehicle. A certified Mercedez-Benz checked the vehicle, provided a certified affidavit indicating the Mercedez-Benz was perfectly fine. The Judge ruled that the stop was not justified based on a tail light which was actually working and the traffic stop for a tag light should have not developed into a search for drugs inside her vehicle. Thus, Judge Carlos Rodriguez followed the legal precedent provided by the Fourth District Court of Appeal and granted Counsel’s Motion to Suppress.

The Defendant later benefitted from the State dismissing the charges based upon all the evidence having been suppressed. The Defendant’s case was dropped and she was obviously thrilled she was not facing the prospect of a 25 year minimum mandatory sentence up to 30 years in prison. Fortunately, Tom O’Connell was able to persuade his client to enter into a drug rehabilitation program pending the disposition of the case so she would benefit from a “win win” situation. His client is drug free and the charges were dismissed due to an illegal search and seizure by the Davie Police Department.