Our goal from the beginning was to get this case dismissed without Mr. Ludan having to return to Florida.
Fort Lauderdale, FL (PRWEB) August 20, 2013
Broward County prosecutors formally dismissed criminal charges arising from a 1987 DUI arrest. Fort Lauderdale criminal attorneys Michael Dye and Daniel Rosenberg filed multiple motions with the court requesting additional disclosures prompting a review of the case file. A spokesman for the Office of the State Attorney issued the following statement to the Sun Sentinel after the dismissal was announced. “After a careful re-examination of the case, the state was unable, after 25 years, to compile all the necessary evidence to prosecute the matter and secure a conviction.”
John Ludan, an American citizen, who currently resides in Sweden, first learned of the 26 year old warrant for his arrest as he was boarding a plane with his daughter to return to Sweden. Ludan was able to identify the County Court Judge assigned to his case as Broward County Court Judge Edward Merrigan, Jr. Mr. Ludan contacted Judge Merrigan by mail and requested that the DUI charges be dismissed. Judge Merrigan had no legal authority to dismiss the criminal charges and set the matter for a status conference. The Broward County Office of the State Attorney was unwilling to dismiss the charges against Mr. Ludan at that time. Mr. Ludan had already returned to Sweden and was not present or represented by an attorney at the hearing.
Fort Lauderdale DUI attorneys Michael Dye and Daniel Rosenberg volunteered to assist Ludan in resolving this matter. “We were able to obtain a copy of the police report on the same day that we read the article. After reading the report and reading the article, we were confident that we could get this case dismissed. We anticipated that the state was going to have a difficult time locating their witnesses, substantial credibility issues with their witnesses and a difficult time gathering sufficient evidence to support a conviction.” said criminal attorney Daniel Rosenberg.
Criminal attorney Michael Dye stated, “Our goal from the beginning was to get this case dismissed without Mr. Ludan having to return to Florida. If we were the attorneys back in 1987 we would have likely filed a Motion to Dismiss for Lack of Probable Cause. I believe that the state had a weak case from the very beginning. The police report did not identify who, if anybody, saw Mr. Ludan driving and he never admitted to driving. We filed a Motion to Suppress based on those factors as well as additional violations of Florida’s implied consent laws. The state was forced to locate and produce their witnesses once the motions were set for a hearing. If the state was able to produce their witnesses we would have been ready to take the case to trial. At the end of the day, the state did the right and ethical thing by dismissing the case.”
Additional information on Broward County Case # 87-26358MM10A can be found at the Broward County Clerk of Court.
ABOUT THE LAW OFFICES OF ROSENBERG & DYE: Michael Dye and Daniel Rosenberg are criminal defense attorneys with offices located in Fort Lauderdale and Miami, Florida. The firm represents individuals charged with criminal offenses in State and Federal Courts throughout Florida. More information on the firm and attorneys is available by contacting us at The Law Offices of Rosenberg and Dye, 1 E Broward Blvd, Fort Lauderdale, FL 33301, (954)990-0525 or (305)459-3286. You can also visit the firm website at: http://YourFloridaCriminalAttorney.com.