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DUI Wins

Our Recent Victories

Mar 5, 2021 Case: 20-CT-011093 Judge Bonavita
A citizen called 911 that the defendant was driving erratically in a parking lot and appeared intoxicated. Officers spotted the defendant's car and followed him until conducting a traffic stop. They observed an odor of alcohol, slurred speech, red eyes, and he appeared off balance. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
The officers followed the defendant for a long time. There was no erratic driving pattern observed by the officers. The lawfulness of the traffic stop was called into question as there was no corroboration. In addition, the officer did not advise the defendant of any adverse consequences when he refused to perform the field sobriety tests. Also, all the observations alleged in the police report were contradicted by the video.
The State Dropped the defendant's Third DUI.
Mar 5, 2021 Case: AD0B71E Judge Szematowicz
A caller dialed 911 that the defendant's car lights were off and she appeared drunk. Officers spotted the defendant and stopped her after she proceeded through an intersection. They observed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a flushed face and appeared unsteady. After refusing to perform the field sobriety tests, she was arrested for DUI. She later refused the breath test.
The caller on 911 stated only a conclusory statement that the defendant appeared drunk with no other supporting facts. When there is a only a conclusory statement about the defendant being drunk, the officers must observe some type of erratic driving pattern. The lawfulness of the stop was called into question.
The State dropped the DUI.
Mar 4, 2021 Case: 20-CT-006699 Judge Farr
The defendant was found passed out in a Home Depot parking lot with his head against the horn causing it to go off. Upon awakening the defendant, officers observed the defendant to have an odor of alcohol, slurred speech, and red eyes. He also had lethargic movements. After performing the field sobriety tests, he was arrested for DUI. He later blew .202 and .193 in the breath machine.
There was no reasonable suspicion to believe the defendant was sick, injured or impaired justifying ordering him out of his car. He could have just as easily been sleeping. The DUI observations weren't made until after they got him out of the car. Thus, the initial search and seizure was unlawful.
The State dropped the DUI.
Mar 3, 2021 Case: 20-CT-004138 Judge Jeske
The defendant was the at fault driver in a rear end crash. The officers observed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and he appeared unsteady. The defendant exhibited an orbital sway and was yelling at the officers. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
After performing the walk and turn, the defendant started to perform the one leg stand then refused. He was immediately arrested without being given any adverse consequences. Thus, his refusal to perform the rest of the roadsides would have been excluded from evidence.
The State dropped the DUI.
Mar 1, 2021 Case: 20-CF-011269 Judge Kiser
The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. He had trouble fining his documents and had a slight slur to his speech. He then performed various field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. In a search incident to arrest, the officer found a controlled substance, Alprazolam, which was not prescribed to the defendant. He was also charged with felony possession along with the DUI.
Parks & Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on all the evidence. The State Dropped the DUI and also we were able to get the felony Dismissed.
The State dropped the DUI.
Feb 25, 2021 Case: ACEV1YE Judge Komninos
The defendant was stopped for weaving and almost hitting other vehicles. The officer observed an odor of alcohol, bloodshot eyes. and slurred /slow speech. He appeared disoriented and was sweating. The defendant performed various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Many of the observations written by the officer were contradicted by the video tape.
The State dropped the DUI.
Feb 25, 2021 Case: 20-CT-012371 Judge Farr
The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, slurred speech, and red/glassy eyes. He also exhibited unstable balance. He then performed field sobriety tests and was arrested for DUI. He later refused the breath test.
Parks and Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on the video tape evidence
The State dropped the DUI.
Feb 24, 2021 Case: 20-CT-007529 Judge Mcneil
The defendant was stopped in the roadway with fresh damage to her car and only one working taillight. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She had difficulty with her balance and admitted to having drank beer and vodka. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .183 and a .177 in the breath machine.
An initial call for service went out over dispatch about the defendant's driving prior to her being stopped. There was no corroboration of any driving pattern by the officer. Thus, the lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Feb 24, 2021 Case: 20-CT-007451 Judge Weis
The defendant was the at fault driver in a crash. He struck a golf cart while driving erratically. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had some balance issues as well. He refused to perform field sobriety tests and was arrested for DUI. He later blew a .108 and a .105 in the breath machine.
There was doubt as to whether the defendant's breath alcohol level was above the legal limit at the time of the crash since it was administered hours later. It was unknown if he was absorbing or eliminating alcohol due to the time frame. Also, many written observations in the reports were also contradicted by the video.
The State dropped the DUI.
Feb 18, 2021 Case: 20-CT-500966 Judge Gagliardi
The defendant was stopped by police at a DUI roadblock checkpoint. Officers observed the defendant to have an odor of alcohol, glassy/watery eyes, and slurred speech. He then started to perform the roadside tests but did not continue to perform them. He was then arrested for DUI and later refused the breath test.
Under Florida law, there must be a specific set for written guidelines for each individual roadblock. Here, they were somewhat vague as to specifics and did not meet with Florida Supreme court standards.
The State dropped the DUI.
Feb 16, 2021 Case: 20-MM-001747 Judge J. Steele
The defendant was stopped on his boat for speeding and for a safety inspection. Officers noticed the defendant to have an odor of alcohol, slurred speech, and sluggish movements. He then performed various field sobriety tests such as the palm pat and finger to nose. He was then arrested for boating under the influence and later blew a .146 and a .142 in the breath machine.
The firm pointed out that there were issues with the breathalyzer machine. Right before he blew there was a failure readout in the machine. Thus the results could not be trusted
The State Dropped the BUI.
Feb 9, 2021 Case: 20-CT-000067 Judge Gutman
The defendant was the at fault driver in a crash whereby he ran a stop sign and caused a crash with another car. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank one glass of wine. After performing roadside tests, he was arrested for DUI. He later blew a .090 and a .089 in the breath machine.
The firm pointed out to the State that the defendant had brake issues which caused the car not to stop. Also, we pointed out there is a .02 margin of error in the breath machine. Thus, we were were able to place his breath test results under the legal limit.
The State dropped the DUI.
Feb 9, 2021 Case: 19-CT-017699 Judge Gutman
The defendant was found passed out in his car by police in the middle of the night behind a closed business. Upon awakening the defendant, the officers observed an odor of alcohol, slurred speech, and glossy eyes. He admitted to having drank alcohol at a club. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .216 and a .214 in the breath machine.
Prior to trial, the frim filed a motion to suppress the lawfulness of the initial detention. In our motion we put forth there was no reasonable suspicion of a crime justifying ordering the defendant out of the car as he was simply sleeping. Also, there were many contradictions in the officers' reports. One officer stated that the defendant was found sleeping while another stated he saw the defendant getting in and out of his car as well as driving around the parking. lot. Their credibility was now called into question. The State Dropped the DUI prior any motion hearing.
The State dropped the DUI.
Feb 9, 2021 Case: AB0B20E Judge Bedinghaus
The defendant was stopped for speeding. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed the field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test.
The firm pointed out that the defendant had trouble with roadside tests because he had an injured leg. One could actually see the defendant limping around on the video tape.
The State dropped the DUI.
Feb 9, 2021 Case: 19-CT-003805 Judge Conrad
The defendant was the at fault driver in a crash. Officers observed an odor of alcohol, slurred speech, and blood shot eyes. He was confused about his location and admitted to having 4 shots of alcohol. He was taken to the hospital for injuries and later charged with DUI. He refused to provide a blood sample.
The firm pointed out that some of the injuries that the defendant sustained could have as equally been attributable to any impairment from the crash versus alcohol.
The State dropped the DUI.
Feb 3, 2021 Case: 20-CT-045024 Judge Babb
The defendant was stopped at a red light. When the light turned green, she did not move for several seconds. The officer then initiated a traffic stop. He observed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .179 and a .177 in the breath machine.
Although the defendant did not drive immediately, there was no infraction since no traffic was affected. In today's day and age with technology, one could have been looking at their cell phone or radio etc. The lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Feb 2, 2021 Case: 20-CT-010050 Judge Conrad
The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He then performed numerous roadside tests on tape. He was then arrested for DUI and later refused the breath test.
The firm pointed out that any impairment could have just as easily been caused by the defendant's very high blood sugar taken by EMS at the scene versus alcohol.
The State dropped the DUI.
Feb 2, 2021 Case: 20-CT-009386 Judge Conrad
The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and he admitted to having drank beer and smoked marijuana. There were several empty beer cans in the car. After performing roadside tests, he was arrested for DUI. He later blew a .20 and a .182 in the breath machine.
Many observations written by the officer were contradicted by the video tape.
The State dropped the DUI.
Feb 2, 2021 Case: 19-016495MU10A Judge Gottlieb
He had a flushed face and appeared very sleepy. As the investigation went on, officers believed that the defendant was impaired by drugs, and not alcohol. He then performed field sobriety tests and was arrested for DUI. He later provided a urine sample which tested positive for marijuana.
The firm took pretrial depositions of the officers. After lengthy questioning, we were able to establish that there was no "reasonable cause" pursuant to the DUI Statute for the officers to have even requested urine to begin with. Due to the fact the State could lose the urine test, they Dropped the DUI.
The State dropped the DUI.
Jan 29, 2021 Case: 19-005269MU10A Judge Gottlieb
The defendant was stopped for failing to stop at a stop sign. Officers observed an overwhelming odor of alcohol. He was lethargic in his actions, slow to respond, and had bloodshot eyes. The defendant admitted to having drank jack and coke, was unsteady, and also exhibited slurred speech. The defendant was arrested for DUI after performing the field sobriety tests. He later blew a .087 and a .085 in the breath machine.
Parks & Braxton took a pre trial deposition of the arresting officer. We were able to establish many inconsistencies in his testimony versus his reports. Also, the firm was able to place the defendant's breath alcohol level under the legal limit by pointing out the .02 margin of error in the breath machine.
The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-009793 Judge Moses-Stephens
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He also appeared very nervous. After performing the field sobriety tests, he was arrested for DUI. He later blew a .089 and a .087 in the breath machine.
The firm was able to place the defendant's breath alcohol levels under the legal limit due to the .02 margin of error in the breath machine. The State Dropped the DUI.
The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-501557 Judge Swett
The defendant was involved in a crash whereby by she had hit numerous mailboxes and left the scene of the accidents. When officers located her, she appeared impaired. There was no odor of alcohol, however, officers noticed her to be confused, her eyes were watery and glassy, and her speech was mush mouthed and slurred. She was also very slow in her responses and gave incomplete answers to questions. She performed very poorly on roadside tests an was arrested for DUI and leaving the scene of an accident. She later provided a urine sample which was sent to FDLE and was positive for marijuana.
After her arrest, another officer conducted a DRE (drug recognition exam) to determine what class of drugs may be impairing her. The officer did not conclude that she was impaired by marijuana, but CNS Depressants. The firm pointed out that he was wrong and we called his credibility into question. The State Dropped the DUI and she received no conviction on the leaving the scene of an accident.
The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-502723 Judge Swett
The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, bloodshot eyes, and mumbled speech. He also had to brace himself for balance. He then performed various field sobriety tests, such as the walk and turn and finger to nose. He was then arrested for DUI.
Prior to trial, the firm pointed out to the State that the defendant's balance issues had to do with his age and medical issues.
The State dropped the DUI.
Jan 26, 2021 Case: 20-CT-010051 Judge Jeske
The defendant was stopped for swerving and stopping in the middle of an intersection. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
During pre trial discovery, Parks & Braxton uncovered that the the arresting officer had been suspended after an internal affairs investigation. His credibility was now called into question and the State Dropped the DUI.
The State dropped the DUI.
Jan 21, 2021 Case: 19-CT-025253 Judge T. Brown
Officers responded to a call about a reckless driver who had been driving up on curbs and switching lanes erratically. Officers found the defendant in a parking lot with his eyes closed in the driver's seat. Upon awakening him, they noticed an odor of alcohol, he appeared sluggish, and he had mumbled speech. He moved slowly and also swayed. After performing poorly on roadside tests, he was arrested for DUI. Officers concluded based on their observations, that he was impaired not only by alcohol, but drugs so they requested a urine test. That test later came back from FDLE positive for marijuana. This was the defendant's Second DUI.
Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that under the DUI statute there was no "reasonable cause" to believe that the defendant was under the influence of a chemical and/or controlled substance. In other words, they had no right to even request a urine test. The State conceded prior to any motion hearing and Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 20, 2021 Case: 19-CT-020308 Judge Gutman
The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Parks & Braxton pointed out that there was a lack of probable cause to arrest the Defendant.
The State dropped the DUI.
Jan 20, 2021 Case: 20-CT-007970 Judge Gutman
The defendant was stopped for driving with no illuminated lights on after dark. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant struggled in finding his documents. He then performed roadside tasks such as the walk and turn and one leg stand. He was then arrested for DUI and later blew a .137 and a .135 in the breath machine.
The firm pointed out that many observations written by the officer were contradicted by the video.
The State dropped the DUI.
Jan 20, 2021 Case: 20-CT-005804 Judge Gutman
The defendant was stopped for driving on a flat tire. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He admitted to having drank beer. After performing field sobriety tests, he was arrested for DUI. He later blew a .129 and a .129 in the breath machine.
The officer stated he had stopped the defendant to conduct a welfare check. The lawfulness of the stop was called into question as there was no danger to person or property. In addition, there was no probable cause to believe a traffic infraction had been committed by simply driving on a flat tire.
The State dropped the DUI.
Jan 13, 2021 Case: 20-CT-041524 Judge Ingram
The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, glassy eyes, mumbled speech, and a flushed face. According to the officer, he fumbled with his wallet and provided the wrong documents. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Parks & Braxton was able to establish that there was a lack of probable cause to arrest the defendant based on his performance on the roadside tests. Also, many observations written by the officer were contradicted by the video tape.
The State dropped the DUI.
Jan 13, 2021 Case: 20-CT-033349 Judge Ingram
The defendant was stopped for having an inoperable tag light. The defendant had an odor of alcohol, bloodshot eyes, and fumbled with her documents. She stated she had drank two alcoholic beverages, swayed while she stood, and had changing emotions. After performing field sobriety tests, she was arrested for DUI. She later blew a .205 and a .204 in the breath machine.
The firm pointed out that the video tape of the defendant showed that her blood alcohol level may have been lower at the time of driving via the theory of absorption and elimination of alcohol.
The State dropped the DUI.
Jan 12, 2021 Case: 20-CT-002296 Judge Healis
A civilian called 911 stating that the defendant was driving all over the road and almost caused a head on collision. Deputies arrived and detained the defendant. They observed an odor of alcohol, slurred speech, and she was so unsteady that she almost fell over. The defendant was asked to perform roadside tests and she refused. She was then arrested for DUI and later refused the breath test.
When officers arrived on scene, the defendant was parking her car at her house. She was immediately placed in handcuffs prior to the DUI officer even arriving. The firm pointed out to the state that at that point there was no probable cause to cuff her. We explained to the State that it was an illegal defacto arrest as she did not have a weapon nor was she trying to flee. Also, the DUI officer never advised the defendant of any adverse consequences when she refused to perform field sobriety tests as required by law. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jan 8, 2021 Case: 19-CT-016323 Judge Farr
The defendant was stopped for weaving and driving too fast and then slow. She also almost hit a curb. The officers observed an odor of alcohol, slurred speech, and red eyes. Her movements were lethargic as well. She performed poorly on the roadside tests and was arrested for DUI. This was the defendant's Second DUI. The firm also represented her on her first DUI and got that DUI Dropped.
The video contradicted many of the written observations. The firm also beat her first DUI as well.
The State dropped the DUI.
Jan 8, 2021 Case: 19-016484MU10A Judge Solomon
The the defendant was the at fault driver in a crash whereby she hit traffic control devices. When officers arrived, they observed an odor of alcohol, slurred speech, and bloodshot eyes. She was crying and admitted to having drank whiskey. After performing poorly on roadside tests, she was arrested for DUI. She later refused the breath test.
Parks & Braxton took pretrial depositions in the case. After taking sworn testimony, the firm filed a motion to suppress for an unlawful arrest. Prior to any motion hearing, the State conceded and Dropped the DUI.
The State dropped the DUI.
Dec 15, 2020 Case: 19-CT-018362 Judge Farr
The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and he appeared unsteady. His pupils were dilated and he denied drinking. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
The description on the defendant's roadsides were vague. Thus, the firm pointed out to the State that there was lack of probable cause to make the arrest.
The State dropped the DUI.
Dec 14, 2020 Case: 20-CT-007463 Judge Collins
The defendant was stopped by police after a person called 911 stating that the defendant was driving erratically. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also fumbled with his paperwork. He performed very poorly on the roadside tests. For example, he could not state the alphabet properly. On the one leg stand, he put his foot down and raised his arms for balance. He was arrested for DUI and later refused the breath test.
Due to the caller being vague as to the specific nature of the erratic driving pattern, the lawfulness of the traffic stop was called into question by the firm.
The State dropped the DUI.
Dec 11, 2020 Case: 20-CT-037546 Judge Peacock
The defendant was stopped for driving on the solid yellow line dividing the north and south bound lanes. The defendant had an odor of alcohol, watery eyes, and a flushed/red face. He appeared unsteady and swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
The lawfulness of the traffic stop was called into question. There was no traffic affected by the defendant's driving, it was unknown how long he drove on the line, and the distance was unknown.
The State dropped the DUI.
Dec 11, 2020 Case: 20-CT-036615 Judge Peacock
The defendant was stopped after he drove in between various barricades on a road that was being built. His car eventually got stuck in the sand at the dead end of the road. The officers observed an odor of alcohol, slurred speech, and he also staggered. He also had glassy eyes and swayed while he stood. He refused to perform roadside tests and was arrested for DUI.
The firm called into question the lawfulness of the detention by the officer. There was no probable cause to order him out of the car.
The State dropped the DUI.
Dec 11, 2020 Case: 20-CT-500714 Judge George
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and his movements were lethargic. He then performed the HGN (eye tests), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused the breath test.
The defendant had told the officer prior to the field sobriety tests that he had both hips replaced. Yet they still had him perform the physical tests. The firm provided the State with numerous medical records supporting the defendant's claim of the hip replacements. There was doubt as to whether or not the impairment that he exhibited was due to alcohol or his injuries.
The State dropped the DUI.
Dec 10, 2020 Case: 20-CT-010598 Judge Castor
The defendant was pulled over for driving all over the road. The officer noticed the defendant to have an odor of alcohol and bloodshot eyes. He was unable to divide his attention and could not focus on the officer’s questions. He performed very poorly on the roadside tests and was arrested for DUI. He later agreed to a blood draw due to having being taken the hospital. The blood was a .178 after being tested.
The firm brought to the State's attention numerous issues as to whether the blood draw was unlawful.
The State dropped the DUI.
Dec 10, 2020 Case: AD0B1JE Judge Hessinger
The defendant was found by police sitting in her car. They had responded to call about a female being passed out. The officer noticed an odor of alcohol, glassy/watery eyes, and slurred speech. She also stumbled on her words. She fell while getting out of her car and leaned on the vehicle. She only performed the HGN (eye test) and then refused further roadside tests. She was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Under Florida law, an officer must advise a defendant of adverse consequences if they refuse roadsides tests. Here, the officer did not advise the defendant of any consequences so the refusal to perform field sobriety tests would have been excluded from evidence. Also, many of the observations the officer wrote in his reports were contradicted by he video tape.
The State Dropped the Defendant's Second DUI.
Dec 8, 2020 Case: 20-CT-009168 Judge Damico
The defendant was stopped for making a wide turn and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and she admitted to having drank wine. She performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
The officer reports contradicted the video tape.
The State dropped the DUI.
Dec 8, 2020 Case: 20-CT-006676 Judge Damico
The defendant was stopped for failing to maintain a single lane. In addition, a civilian previously called 911 stating the defendant appeared to be a drunk driver and was driving on the wrong side of the road. The officer observed an odor of alcohol, red eyes, and he admitted to having drank 3 or 4 glasses of wine. After performing poorly on roadside test, he was arrested for DUI. He later refused the breath test.
The defendant is diabetic and many of his medical symptoms that he exhibited were consistent with alcohol impairment. Thus, there was reasonable doubt as to whether he was impaired from his medical condition versus alcohol.
The State Dropped the DUI.
Dec 3, 2020 Case: 19-CT-002608 Judge Inman
The defendant was stopped for driving with no headlights and flat tires. The officer observed an odor of alcohol, bloodshot eyes, and he also staggered. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
The video of the defendant's roadsides contradicted the officer reports as to the level of alleged impairment. Due to the conflicts, the State Dropped the DUI.
The State dropped the DUI.
Dec 3, 2020 Case: 20-CT-008371 Judge Gutman
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, a blank/dazed look, and watery eyes. He had an open beer on the car and moved very slow and deliberate. The defendant refused to perform any field sobriety tests other than HGN (eye test). He was arrested for DUI and later refused the breath test.
Parks & Braxton pointed out to the State that based on the video and police reports, there was a lack of probable cause to arrest the defendant.
The State dropped the DUI.
Nov 25, 2020 Case: AD0AW0E Judge Szematowicz
The defendant was stopped for speeding. The officer observed an odor of alcohol. slow/slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later blew a .098 and a .094 in the breath machine.
Parks & Braxton was able to show the State that the defendant was under the legal limit due to the .02 margin of error in the breath machine. Also, we pointed out to the State that based on the video there was no probable cause to arrest the Defendant for DUI.
The State dropped the DUI.
Nov 25, 2020 Case: ADB9LKE Judge Szematowicz
The defendant was stopped for speeding. The officer observed an odor of alcohol, a flushed face, and bloodshot/watery eyes. The defendant also had slurred speech and denied drinking. He then performed various field sobriety tests and was arrested for DUI. He later blew a .132 and a .129 in the breath machine.
On video, the defendant's speech was not slurred which contradicted the reports. Also, he performed much better on the roadsides on tape than as written. Finally, the firm was able to show the State that the defendant was under the legal limit at the time of driving by extrapolating back the defendant's breath alcohol level to the the time of driving.
The State dropped the DUI.
Nov 20, 2020 Case: 19-CT-020521 Judge Conrad
The officer stopped the defendant to conduct a welfare check as he was failing to maintain a single lane. The defendant had an odor of alcohol, glassy watery eyes, and slurred speech. He also had fumbling fingers, difficulty opening the car door, vomit on his shirt, and he continuously spit during the investigation. The defendant stated he had drank 3-4 beers along with 2-3 shots of alcohol. He performed poorly on the roadside tests and was arrested for DUI. He later blew a .189 and a .186 in the breath machine.
The lawfulness of the traffic stop was called into question. The reports were vague as to the length of the driving pattern, distance, and time frame. It was also unclear if any traffic had been affected. The State Dropped the DUI.
The State dropped the DUI.
Nov 20, 2020 Case: 20-CT-000289 Judge Conrad
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slow/stammered speech. The defendant stated he had drank a beer and Jack Daniels with water. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was subsequently arrested for DUI and later blew a .126 and a .121 in the breath machine.
The firm pointed out that the defendant's performance on the field sobriety tests on the tape clearly showed he was lower than .08. The State Dropped the DUI.
The State dropped the DUI.
Nov 13, 2020 Case: 19-014349MU10A Judge Solomon
The defendant was stopped after the officer observed him cross the yellow lane marker a full tire width, nearly strike the center median, and then drifting all over. The officer observed an odor of alcohol, a flushed face, bloodshot eyes, and he stated he had consumed 4 vodka drinks. He performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line, used his arms for balance, and had to stop to steady himself. On the one leg stand, he put his foot down and raised his arms for balance. He was then arrested for DUI and later refused the breath test.
Parks & Braxton filed a motion to suppress the lawfulness of the traffic stop. At the motion hearing, the prosecutor played the video of the incident and put on testimony of the DUI task force officer. The officer testified that the video was not a complete story of the driving pattern. Specifically, the driving pattern prior to the video was more erratic than what the video revealed. The Court agreed with Parks and Braxton in that the video was the best evidence and concluded that while the video did show a vehicle weaving within the lane, the severity did not rise to the level of "significant and continuous" required by case law. The Court granted the motion and excluded all of the evidence. The DUI was Dismissed.
The DUI was dismissed.
Nov 5, 2020 Case: 20-CT-006872 Judge Booras
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and glassy eyes. His movements were slow and deliberate, he appeared unsteady, and he stated had consumed a few drinks. After performing various field sobriety tests, he was arrested for DUI. He then blew a .080 and a .081 in the breath machine.
The firm pointed out there is a built in .005 and .02 margins of error with breath readings. We were able to then bring the defendant's results under the legal limit. The State Dropped the DUI.
The State dropped the DUI.
Nov 4, 2020 Case: 19-CT-016625 Judge Farr
The defendant was stopped for speeding. The officer noticed an odor of alcohol, glass/watery eyes, and slurred speech. The defendant then performed various field sobriety tests including the finger to nose, walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
Based on the contradictions in all the evidence, the firm was able to show the State that there was a lack of probable cause to make the arrest. The State Dropped the DUI.
The State dropped the DUI.
Nov 4, 2020 Case: 20-CT-002010 Judge Farr
A civilian called police after seeing the defendant swerving and hitting a wall on the bridge. Officers found the defendant asleep in a parking lot with the right front tire shredded. They observed him to have an odor of alcohol, glassy/bloodshot eyes, and he stated that he had drank whiskey. He then performed the walk and turn, one leg stand and HGN (eye test) exercises. He was then arrested for DUI and later refused the breath test.
When officers found the defendant, he was sleeping in a reclined drivers seat. Since no officer actually saw him driving, he wasn't in actual physical control because he had no capability of operating the car while sleeping. The State Dropped the DUI.
The State dropped the DUI.
Oct 28, 2020 Case: 19-CT-013373 Judge Myers
The defendant ran a red light and ended up in an embankment. When officers and fire rescue arrived, they noticed the defendant to have an odor of alcohol, thick tongued speech, and a sway while he stood. He was asked to perform roadside tests but he refused. He was then arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
When a defendant refuses to perform roadside tests, the officer must advise of the adverse consequences for refusing. or the refusal is excluded from evidence. Here, the officer did not give any adverse consequences and immediately arrested the Defendant. The State Dropped the Defendant's Second DUI.
The State dropped the DUI.
Oct 28, 2020 Case: 19-CT-012953 Judge Myers
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, watery eyes, fumbling fingers, and slurred speech. She had difficulty following instructions and leaned on the car for balance. Roadside tests were stopped for safety concerns, due to her level of intoxication. She was arrested for DUI and later refused the breath test.
The firm was able to show that the defendant never actually refused to give a breath test and it was due to the machine. The State Dropped the DUI.
The State dropped the DUI.
Oct 28, 2020 Case: 20-CT-000597 Judge Nicola
The defendant was stopped for driving with his high beams on. The officer noticed an odor of alcohol, slurred speech, and a flushed face. He also admitted to having drank 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
The officer's reports exaggerated all the alleged indicators of impairment prior to and during the roadside tests. This was brought to the State's attention by the firm and they Dropped the Defendant's Second DUI and he received no criminal conviction on his record.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-004083 Judge Jeske
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and fumbling fingers. He also had bloodshot eyes and a blank stare. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Parks & Braxton was able to show that there was no probable cause to arrest the defendant for DUI based on all the reports and video tape. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-000303 Judge Jeske
The defendant was stopped after almost sideswiping an officer and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. After performing some field sobriety tests, he was arrested for DUI. He later refused the breath test.
On tape, the officer kept interrupting the defendant. The firm pointed out that this is what caused the defendant's mishaps on the roadside tests, not any alcohol impairment. The State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-003375 Judge Jeske
The defendant was stopped by police after a call went out about a reckless driver. Upon contact, the officers observed an odor of alcohol, watery eyes, and slurred speech. She performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand. She was then arrested for DUI and later blew a .142 and a .141 in the breath machine.
When there is an anonymous call, not only must be it be specific, but officers must corroborate some type of driving pattern. Here, there was no specifics (i.e. reckless driving) and also no corroboration. Since the lawfulness of the stop was called into question, the State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-003345 Judge Farr
The defendant was stopped for speeding. The officer noticed her to have an odor of alcohol, slurred speech, and bloodshot eyes. She also stated that she had drank 3 beers. After performing field sobriety tests, she was arrested for DUI. She later blew. a .097 and a .092 in the breath machine.
The firm was able to take the defendant's breath results below the legal limit due to the .02 margin of error. The State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-000309 Judge Farr
The defendant was stopped for running a red light. The officer observed the defendant to have an odor of alcohol, dilated pupils, and watery eyes. He also was nonreactive to light and had unstable balance. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The video contradicted the officer's reports on numerous specifics on the defendant's performance on the roadside tests. The State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-020145 Judge Farr
The defendant was stopped after a manager at a bar called police saying that the defendant was intoxicated and refused an Uber ride. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed while he stood and admitted to drinking. He was arrested for DUI after performing roadside tests. He later blew. a .129 and a .126 in the breath machine.
There was no corroboration by the officer of any erratic driving pattern or intoxication based on the call. Thus, the lawfulness of the traffic stop was called into question. The State Dropped the DUI.
The State dropped the DUI.
Oct 21, 2020 Case: 19-CT-015915 Judge Myers
The defendant was stopped for running a red light. The officer observed an odor of alcohol and slurred speech. He also had bloodshot eyes and admitted to having drank whiskey and beer. After performing numerous roadside tests, he was arrested for DUI. He later blew a .127 and a .126 in the breath machine.
The defendant performed the HGN (eye test) at the scene. Under Tharpe's Formula, if the officer does not get and angle of onset prior to 45 degrees in the defendant's eyes, he could have a breath alcohol level under the legal limit. Thus, the firm was able to show that the officer did not get an angle prior to 45 degrees and thus the defendant could have had a breath alcohol level under the legal limit at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Oct 21, 2020 Case: 20-CT-001077 Judge Myers
The defendant was stopped after almost hitting a police car. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having drank two IPA beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .168 and a .162 in the breath machine.
The firm was able to show that it was unclear who truly was at fault prior to the defendant being stopped. This called into question the lawfulness of the traffic stop. The State Dropped the DUI.
The State dropped the DUI.
Oct 21, 2020 Case: 20-CT-003696 Judge Myers
The defendant was stopped for having an expired tag. The officer observed an odor of alcohol, fumbling fingers, bloodshot eyes, and difficulty paying attention. The defendant admitted to having consumed alcohol. After performing field sobriety tests, he was arrested for DUI. He later blew a .084 and .084 in the breath machine.
The firm pointed out to the State that there is .005 and .02 margin of error in the breath machine. Thus, the firm was able to place the defendant's breath alcohol results under the legal limit. The State Dropped the DUI.
The State dropped the DUI.
Oct 15, 2020 Case: 20-CT-005321 Judge Gutman
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes, and an unsteady gait. After performing roadside tests, the defendant was arrested for DUI. She later refused the breath test.
The defendant never actually refused the breath test. She tried blowing into the machine numerous times. There was a problem with the machine. The control test solutions are supposed to be between .075 and .085. Here, a control test was .087. This could have led to higher breath result. The State Dropped the DUI.
The State dropped the DUI.
Oct 13, 2020 Case: 20-CT-019997 Judge Ingram
The defendant was stopped by police after a caller dialed 911 stating that the defendant was driving recklessly. Officers spotted the car driven by the defendant and observed her straddling the dashed lines. The officers did not detect an odor of alcohol, but observed the defendant to have mumbled/slurred speech, a flushed face, and she was slow and stumbling. She performed poorly on roadside tests and was arrested for DUI. She later refused to proved a urine sample.
The State could not prove by which specific chemical or controlled substance was impairing the defendant as required by Florida Statute 316.193. The State Dropped the DUI.
The State dropped the DUI.
Oct 13, 2020 Case: 20-CT-019386 Judge T. Brown
A concerned citizen called 911 stating that the defendant was unable to maintain a single lane of travel and was driving over the speed limit. Officers conducted a traffic stop and noticed the defendant to have slow/slurred speech, glassy eyes, and he was unsteady to the point of almost falling over. Believing he was impaired by drugs, the defendant then performed roadside tests. He performed very poorly and was arrested for DUI.
The State has to prove a defendant is impaired by a "specific" chemical and/or controlled substance to convict a defendant of DUI. Here, they they could not and the DUI was Dismissed.
The DUI was dismissed.
Oct 8, 2020 Case: 20-CT-030801 Judge Peacock
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot/glassy eyes. The officer then requested that she perform numerous field sobriety tests. The officer alleged that she failed and she was arrested for DUI. She later blew a .163 and a .149 in the breath machine.
In order to request field sobriety tests, the officer must have reasonable suspicion of a crime. In other words, there must be facts that would lead an officer to believe one was impaired by alcohol. Here, the observations made only led one to believe that she had consumed alcohol and not that she was impaired. The State Dropped the DUI.
The State dropped the DUI.
Oct 8, 2020 Case: 20-CT-026307 Judge Peacock
The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, and a pale face. The defendant swayed, fumbled with his items, and was slow to respond to questions. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .128 and a .128 in the breath machine.
Due to vagueness of the defendant's alleged driving pattern as written in the police reports (i.e. the weaving), the lawfulness of the traffic stop was called into question. The State Dropped the DUI.
The State dropped the DUI.
Oct 7, 2020 Case: 20-CT-501549 Judge Swett
The defendant was stopped for speeding. The officer noticed an odor of alcohol and watery/bloodshot eyes. The defendant then performed the HGN (eye test), walk turn, and one leg stand field sobriety exercises. According the officer, she performed poorly and was arrested for DUI. She later refused the breath test.
There was no video in the case. The firm pointed out to the State that the officer's reports contradicted each other as to many specifics of the defendant's performance on the field sobriety tests. Due to the conflicts in the reports, the officer's credibility was called into question.
The State dropped the DUI.
Oct 6, 2020 Case: 19-CT-015003 Judge Conrad
The defendant was the at fault driver in a rear end crash. There was no odor of alcohol. The defendant's speech was slow and lethargic. He had constricted pupils, droopy eyelids, and slow speech. The officer believed he was impaired by drugs, and not alcohol. He performed poorly on roadside tests and was arrested for DUI. He later provided a urine sample which revealed positive results for numerous illegal non prescribed controlled substances.
The defendant's video tape contradicted the officers written observations. Furthermore, the State couldn't prove that he was under the influence of those drugs that he tested positive for because the police never called a DRE (drug recognition officer) officer to do an evaluation.
The State dropped the DUI.
Sep 29, 2020 Case: 19-005732MU10A Judge Carpenter-Toye
The defendant was stopped for both speeding and weaving. The initial officer smelled a strong odor of alcohol and noticed bloodshot watery eyes. The defendant admitted to both drinking alcohol and smoking marijuana. After noticing that the defendant's pupils were dilated, he called for a DUI task force officer. Upon arrival, the task force officer made the same observations and began to conduct a DUI investigation. The defendant refused to perform any sobriety tests and was arrested for DUI. A search of the vehicle revealed THC oil canisters as well as a vape pen. Throughout the investigation the officers insisted that the defendant had body tremors consistent with both marijuana use as well as high levels of alcohol intoxication.
Parks & Braxton took independent statements (depositions) from the two officers. The statements were completely inconsistent with one another as well as with the video. Based on the inconsistencies by both officers the Prosecutor could not proceed to trial.
The State dropped the DUI.
Sep 23, 2020 Case: 20-CT-002962 Judge Gutman
The defendant was stopped for failing to maintain a single lane. She had an odor of alcohol, slurred speech, and watery/red eyes. She also had fumbling fingers and there was some vomit in the car. She refused to do the roadside tests and was arrested for DUI. She later refused the breath test.
The lawfulness of the traffic stop was called into question by the firm due to the fact that no other traffic was affected by her driving. The State Dropped the DUI.
The State dropped the DUI.
Sep 22, 2020 Case: 20-CT-018465 Judge Babb
The defendant was stopped for driving south bound in the north bound lane and speeding. The officer observed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant refused to do the field sobriety tests and was arrested for DUI. He later refused the breath test.
When a defendant refuses to perform roadside tests, the officer must advise the person of adverse consequences for refusing. If they do not, the refusal gets excluded from evidence. Here, the officer did not advise the defendant of any adverse consequences when he refused. The State Dropped the DUI.
The State dropped the DUI.
Sep 15, 2020 Case: 19-CT-051810 Judge T. Brown
The defendant was stopped for speeding. The defendant had an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to consuming two drinks and his movements were slow and unsure. After performing field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later refused the breath test.
The description of the defendant's performance on the roadside tests was vaguely written with hardly any specifics. The State Dropped the DUI.
The State dropped the DUI.
Sep 10, 2020 Case: 19-CT-002407 Judge Militello
The defendant was stopped when officers observed her driving at a slow rate of speed and weaving. They observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. She was unsteady, swayed, and appeared confused. After performing several field sobriety tests, she was arrested for DUI. She later refused the breath test.
Due to some conflicts between the reports and the video tape, the State Dropped the DUI.
The State dropped the DUI.
Sep 9, 2020 Case: 20-CT-013607 Judge Jacobus
The defendant was stopped coming out of a bar parking lot. According to the officer, his car lost traction and accelerated heavily. The officer observed an odor of alcohol and glassy eyes. The defendant admitted to having drank IPA beers. He then performed roadside tests and was arrested for DUI. He later blew a .08 and a .08 in the breath machine.
In order to lawfully stop an individual, there must be probable cause to conduct the traffic stop. Here, since no traffic or pedestrians were affected by the defendant's actions of peeling out, the stop was unlawful. The State Dropped the DUI.
The State dropped the DUI.
Sep 9, 2020 Case: 19-CT-019691 Judge Gutman
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank alcohol. He then performed numerous field sobriety tests and was arrested for DUI. He later blew a .093 and a .091 in the breath machine.
With the .02 margin of error in the breath machine, the firm was able to place the defendant's breath alcohol results under the legal limit. The State Dropped the DUI.
The State dropped the DUI.
Sep 8, 2020 Case: 20-CT-000066 Judge Farr
The defendant was stopped for weaving. He was straddling the lane markers and drifting from side to side. The officer noticed an odor of alcohol and bloodshot eyes. He then performed field sobriety tests and the defendant was arrested for DUI. He later blew a .153 and a .139 in the breath machine.
No traffic was affected by the defendant's driving and he was stopped very quickly. This called into question the lawfulness of the traffic stop. The State Dropped the DUI.
The State dropped the DUI.
Sep 2, 2020 Case: AALGLIE Judge Bedinghaus
The defendant was stopped for driving erratically. He was driving slow, then fast, and also weaving. The officer observed an odor of alcohol, slurred speech, and he had trouble finding his drivers license. He stated he had drank tequila and beer. After performing the walk and turn and one leg stand tests, he was arrested for DUI.
The police reports over exaggerated the defendant's level of impairment as compared to the police car dash cam video tape. The State Dropped the DUI.
The State dropped the DUI.
Sep 2, 2020 Case: 2018-MM-001126 Judge Hamilton
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. According to the officer she performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Before requesting field sobriety tests, an officer must have reasonable suspicion to believe that the defendant was impaired. There was only evidence the defendant had consumed alcohol. Here there was no erratic driving pattern nor any actual indicators of impairment. The State Dropped the DUI.
The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-003251 Judge Conrad
The defendant was stopped for violating the move over law. Officers observed an odor of alcohol, slurred speech, and lethargic movements. He had glassy eyes and admitting to having drank whiskey. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The lawfulness of the traffic stop was called into question and the defendant could not get over because there were other cars blocking him from doing so. The State Dropped the DUI.
The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-001820 Judge Conrad
The defendant was stopped after almost striking an officer with his car. The officers observed an odor of alcohol, lethargic movements, and slurred speech. The defendant admitted to having drank alcohol. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
The video tape contradicted many of the officer’s written reports. The State Dropped the DUI.
The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-001399 Judge Conrad
The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, thick tongued speech, and watery eyes. He also had to lean on the vehicle for balance. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
On video, the firm pointed out to the State that the officer had the defendant do the walk and turn and one leg stand tests on the highway with cars speeding by and also the roadway had a very large slope. Under the NHTSA guidelines, roadside tests should be conducted on level surface. Thus, any impairment could have been equally attributed to the conditions on the road versus alcohol. The State Dropped the DUI.
The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-016761 Judge Jeske
The defendant was found by police parked in a parking lot after hours. The area had experienced many thefts. The officer then approached the defendant. He was asleep at the wheel. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, bloodshot eyes, he swayed, and was very off balance. The defendant refused roadside tests and was arrested for DUI. He later refused the breath test after vomiting.
A high crime area alone doesn't give an officer "reasonable suspicion" of a crime to order a person to get out of their car. The State Dropped the DUI.
The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-057710 Judge Peacock
The defendant was passed out behind the wheel. When police awoke him, they observed an odor of alcohol, bloodshot eyes, and slurred speech. He swayed while he stood and his dexterity was clumsy. He was arrested for DUI after performing several field sobriety tests. He later blew a .119 and a .108 in the breath machine.
The defendant could not have been in actual physical control because one cannot have the capability of operating the motor vehicle while sleeping. The State Dropped the DUI.
The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-022104 Judge Damico
The defendant was stopped by police as she was stuck on the railroad tracks trying to move her vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. She stumbled and needed help balancing herself. She also stated she had consumed several drinks. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew. a .181 and a .178 in the breath machine.
There were issues as to whether the defendant was coerced into doing roadside tests at the scene. The State Dropped the DUI.
The State dropped the DUI.
Aug 26, 2020 Case: A6WGTQE Judge Dittmer
The defendant was the at fault driver in a rear end crash. Officers didn't smell an odor of alcohol, however, they noticed the defendant seems very confused, he staggered, and swayed while he stood. Believing he was impaired by drugs, he was asked to perform field sobriety tests. He exhibited numerous cues of impairment and was arrested for DUI. He later submitted to a Urine test. The FDLE report later revealed two different controlled substances.
Prior to trial, the firm submitted numerous medical documents to the State showing that the defendant had numerous injuries from a prior accident which severely affected his balance. In addition, we provided proof that he had been prescribed the two drugs to which he tested positive. The State Dropped the DUI.
The State dropped the DUI.
Aug 26, 2020 Case: 19-CM-013013 Judge Jeske
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank beers. The defendant then performed field sobriety tests and was subsequently arrested for DUI. He later refused the breath test.
The defendant had a pelvic hernia which was supported by medical documentation. Yet, the officer still had him do the one leg stand and walk and turn exercises. There was doubt whether any impairment was due to his injury versus alcohol. The State Dropped the DUI.
The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-011321MU10A Judge Diaz
The defendant was stopped for speeding. The officer observed an odor of alcohol and an odor of burnt marijuana coming from the vehicle. The defendant's eyes were red, his face was flushed, and he stated that he had drank beer. In addition, the officer noticed slurred speech and he appeared unsteady. According to the officer, he failed the roadsides and was arrested for DUI. He later refused the breath and urine tests.
Parks & Braxton took a pretrial deposition of the officer. In deposition, upon detailed questioning, the firm was able to establish numerous inconsistencies between his police reports and deposition sworn testimony. As the officer's credibility was now called into question, the State Dropped the DUI.
The State dropped the DUI.
Aug 25, 2020 Case: 20-CT-019479 Judge Friedland
The defendant was stopped after a caller notified police about a driver, the defendant, driving southbound in the north bound lane with no bumper. Upon contact with the defendant, the officer noticed an odor of alcohol and watery/bloodshot eyes. Her face was flushed and she swayed while she stood. After performing numerous field sobriety tests, she was arrested for DUI. She later blew. a .141 and a .141 in the breath machine.
There needs to be corroboration of the driving pattern when an anonymous caller dials 911. Here, the stop was unlawful because there was no corroboration of any erratic driving pattern. The State Dropped the DUI.
The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-016737 Judge Jeske
The defendant was stopped for driving with a defective tag light. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty opening the car door, difficulty understanding instructions, and his dexterity was poor. He refused to do roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Almost every observation that the officer wrote in his reports was contradicted by the video tape. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-019539 Judge Farr
The defendant was stopped for driving with no lights. Officers observed an odor of alcohol, glassy eyes, and he had stated he had drank wine. The defendant agreed to perform the HGN (eye test), walk and turn, and one leg stand exercises. He did not perform to satisfaction and was arrested for DUI. He later blew a .183 and a .177 in the breath machine.
Under the theory of absorption and elimination of alcohol, the video showed that the defendant may have been under the legal limit at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-012687 Judge Farr
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
The firm was able to show many contradictions between the written police reports and video tape. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-017861 Judge Farr
The defendant was involved in a traffic crash. It was determined by police he was not the at fault driver. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he fumbled with his documents. He stated he had drank beer. He performed roadside tests and was arrested for DUI. He later blew. a .167 and a .158 in the breath machine.
The defendant's performance on the field sobriety tests on video contradicted what the officer wrote in the reports. In addition, it was clear from his video that his breath alcohol level was lower at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 20-CT-002553 Judge Farr
The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank 5 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .194 and a .190 in the breath machine.
While conducting the HGN (eye test), one cue that the officer is looking for is to see if the defendant's eyes jerk (called nystagmus) prior to 45 degrees. Under Tharpes formula, if the officer doesn't see an angle of onset prior to 45 degrees, this could indicate the defendant was under the legal limit. Here, the officer never observed an angle prior to 45 degrees leading one to believe he may have been under the legal limit at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-015940 Judge Farr
The defendant was stopped for driving with no lights and speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. Her movements were clumsy and slow, and she had a confused look on her face. After performing roadside tests, she was arrested for DUI. She later blew a .089 and a .089 in the breath machine.
There is a .02 margin of error in the breath machine. Thus, the firm was able to place the defendant 's breath alcohol level under the legal limit at the time of driving.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-014103 Judge Jeske
The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, and unstable balance. The defendant stated he had drank beer. He performed poorly on the roadside tests and was arrested for DUI. He later blew a .195 and a .189 in the breath machine.
The firm was able to demonstrate, that based on various issues on the video, there was a lack of probable cause to make the arrest. The State Dropped the DUI.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-016301 Judge Conrad
The defendant was stopped for running a stop sign. Officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant then performed the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later blew a .162 and a .157 in the breath machine.
There was some confusion on the defendant 's behalf as to whether to take the breath test. There was some conversation back and forth with the officer which left the defendant believing he had no choice but to blow.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-016315 Judge Conrad
The defendant was stopped trying to drive to a checkpoint at the Port. He was detained for police. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty standing and almost fell. He couldn't even perform some of the roadsides due to his level of intoxication. He was arrested for DUI and later blew a .198 and a .190 in the breath machine.
There was no reasonable suspicion of a crime justifying the defendant's detainment by civilian port employees. In legal terms, it was an unlawful citizen's arrest by detaining him until police arrived. The State Dropped the DUI.
The State dropped the DUI.
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