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DUI Wins

Our Recent Victories

Sep 15, 2021 Case: 19-CT-001292 Judge Gould
The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor alcohol, the defendant admitted to having drank a mojito, he had thick tongued speech and glassy eyes. After performing various field sobriety tests such as the one leg stand and walk and turn, he was arrested for DUI. He later blew a .127 and a .126 in the breath machine.
Prior to trial, the firm uncovered various documents on the particular breath machine that the defendant blew into. It showed that the officers never did the required inspections and the machine failed many times. A week prior to the trial date, the State Dropped the DUI.
The State dropped the DUI.
Sep 14, 2021 Case: 21-CT-023358 Judge Silverman
A "BOLO" went out about a reckless driver weaving in and out of traffic. When officers spotted the defendant (the driver in question), they observed her swerving and slowing down. Upon contact, the officers observed the defendant to have an odor of alcohol, she fumbled with her documents, and had slurred speech. She also staggered and stumbled while outside the car. After performing very poorly on roadside tests, she was arrested for DUI. She later blew a .237 and a .236 in the breath machine.
Issues were raised by the firm regarding the lawfulness of the traffic stop such as whether the caller was anonymous, and the amount of corroboration visualized by the officer.
The State dropped the DUI.
Sep 14, 2021 Case: 21-CT-023554 Judge Jacobus
The defendant was the at fault driver in a parking lot fender bender. The eyewitness at the scene identified the defendant as the driver. The defendant and her friend then switched seats. When officers made contact, the defendant was now in the passenger seat. She was asked to step out of the car. Once out, officers observed her to have an odor of alcohol, mumbling speech, and slow movements. She then performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
The defendant denied ever being the initial driver involved in the crash. Questions were then raised by the firm as to the accuracy of the eyewitness’s identification.
The State dropped the DUI.
Sep 14, 2021 Case: 21-CT-000298 Judge Jeske
The defendant was stopped after he crossed over the dotted white line on three different occasions. The officer then observed an odor of alcohol, bloodshot eyes, and fumbling fingers. He also had slurred speech and admitted to having drank alcohol. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
There was no reasonable suspicion to believe that the defendant was impaired for simply crossing over the line 3 times within a quarter of a mile. It could have been something as innocent as changing the radio station or looking down at one's phone for a second.
The State dropped the DUI.
Sep 14, 2021 Case: 21-CT-017703 Judge Atkin
The defendant was stopped for driving the wrong way on the road and almost causing a head on collision. Officers observed the defendant to have an odor of alcohol, glassy eyes, and slow speech. The defendant staggered and admitted to having drank whiskey. Due to his intoxication level, roadside tests were not conducted for safety reasons. He was then arrested for DUI and later blew a .228 and a .222 in the breath machine.
After extensive negotiations and the firm pointing out some inconsistencies in the evidence, the State Dropped the DUI.
The State dropped the DUI.
Sep 14, 2021 Case: 21-CT-031827 Judge Jacobus
The defendant was stopped for a traffic infraction by a local police department officer. He then called for the Sheriff's office to conduct a DUI investigation. Officers observed an odor of alcohol, watery eyes, and he seemed confused. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .152 and a .149 in the breath machine.
The defendant was detained longer than necessary for the initial officer to write the traffic ticket. Thus, the issue was raised by the firm whether he was unlawfully detained too long for the DUI cop to arrive.
The State dropped the DUI.
Sep 13, 2021 Case: 21-CT-011689 Judge Collins
The defendant was involved in a single car crash. Her car ran off the road into the bushes. When officers arrived, they noticed the defendant to have an odor of alcohol, very slurred speech, and watery eyes. She had slow/lethargic movements and swayed. She then performed poorly on roadside tests and was arrested for DUI.
Officers had on body worn cameras. On tape, the defendant's speech was not slurred and she did not appear unsteady. They it made it seem like her performance on the field sobriety tests was worse on paper than what appeared on tape. The firm brought all this to the prosecutor's attention.
The State Dropped the DUI.
Sep 9, 2021 Case: 21-CT-000648 Judge Wansboro
The defendant was stopped for driving the wrong way and having no headlight. The officer observed an odor of alcohol, a blank stare, and watery eyes. She also had constricted pupils and slurred speech. She then performed poorly on various field sobriety tests and was arrested for DUI. She later blew a .117 and a .115 in the breath machine.
There was no dash camera or body worn camera. Since the reports were vaguely written, the State Dropped the DUI.
The State Dropped the DUI.
Sep 2, 2021 Case: 21-CT-002081 Judge Conrad
A caller dialed 911 and stated that the defendant was driving the wrong way. A deputy located the vehicle driven by the defendant. Upon contact, the officer noticed an odor of alcohol, red/watery eyes, and slurred speech. She also had unsteady balance and her movements were lethargic. After performing poorly on the roadside tests, she was arrested for DUI. She later refused the breath test.
Since the caller only described an alleged traffic infraction, the officer had to have seen some type of erratic driving pattern or infraction to seize the defendant. Since he did not, the lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Sep 1, 2021 Case: 21-CT--000588 Judge Sestak
The defendant drove toward a dead end where an FHP happened to be sitting in his car. After the defendant realized it was a dead end, he turned around. The trooper then initiated a traffic stop. The officer noticed an odor of alcohol, watery eyes and mumbled speech. The defendant performed very poorly on the roadside tests and was arrested for DUI. He later blew a .206 and a .197 in the breath machine.
The firm advised the prosecutor prior to any motions being filed that there was no probable cause to stop the defendant. The State Agreed and Dropped the DUI to a civil infraction and the defendant received no conviction or points on the civil infraction.
The State dropped the DUI.
Sep 1, 2021 Case: 19-011331MU10A Judge Carpenter-Toye
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he had a cup of whiskey in the center console. The defendant also stumbled and admitted to having drank whiskey. After performing field sobriety tests, he was arrested for DUI. He later blew a .096 and a .093 in the breath machine.
Parks & Braxton announced ready for trial. There were numerous inconsistencies in the officer's reports, as well as the video. Also, with the .02 margin of error on the breath machine, we were able to place the defendant's breath alcohol results under the legal limit. On the morning of trial, the State Dropped the DUI and the defendant received no conviction on his record.
The State dropped the DUI.
Aug 31, 2021 Case: 21-MM-010014 Judge Friedland
The defendant was stopped after a caller told 911 that the defendant was "high as a kite." When officers made contact, they observed the defendant to have slow/slurred speech and slow/lethargic movements. Believing he was impaired by drugs and not alcohol, he was asked to perform roadside tests. He performed very poorly and was arrested for DUI. He later refused a urine test.
Under Florida law (Fla. Statute 316.193) to prove a DUI, the State must prove that a defendant be impaired by alcohol, and/or a specific chemical and/or controlled substance. Here, the State could not prove either of the above. One cannot just be impaired to be convicted of DUI.
The DUI was dismissed.
Aug 31, 2021 Case: 20-CT-038546 Judge Friedland
The defendant was rear ended by another car. When officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and red/glassy eyes. The defendant was then taken to the hospital where she refused to provide a blood sample. She was then charged with DUI. This was the defendant's Second DUI.
The officers’ reports contradicted each other. In one report, he wrote that the defendant had mumbled speech, but in another one he wrote the defendant had good speech. Due to the fact that the defendant was not the cause of crash, no roadsides were conducted, and the officer's credibility was called into question, there was a lack of probable cause to arrest the defendant. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Aug 31, 2021 Case: 21-CT-010804 Judge Friedland
The defendant was stopped for speeding. The defendant failed to stop within a reasonable time after the officer turned on his police lights. The officer then observed an odor of alcohol, red/watery eyes, and he lacked motor skills. The defendant stated he drank 2 beers and 3 Vegas Bomb shots. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Many of the observations written by the officer were contradicted by the dash camera video tape.
The State dropped the DUI.
Aug 30, 2021 Case: 21-CT-007232 Judge Damico
A caller dialed 911 stating that the defendant was driving all over the road and speeding. When the officer spotted the defendant, he also observed weaving and speeding. Upon coming in contact with the defendant after the traffic stop, he observed the defendant to have an odor of alcohol, thick tongued speech, and watery eyes. He also appeared unsteady. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test.
The defendant stated he had major back issues which would have contributed to any unsteadiness. In addition, his speech was not slurred on tape.
The State dropped the DUI.
Aug 30, 2021 Case: 21-CT-006470 Judge Damico
The defendant was stopped for swerving in and out of traffic and almost hitting a house after a 911 caller relayed what they had seen. Upon contact, the officers noticed the defendant to have an odor of alcohol, glassy eyes, and slow dexterity. She was unstable, her speech was mumbled, and she had slow comprehension. She performed poorly on the roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later blew .166, .134, and .145 in the breath machine.
The officer did not see any driving pattern upon stopping the defendant. Thus, he had no corroboration to legally justify the traffic stop. Thus, the lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Aug 19, 2021 Case: 21-CT-002716 Judge Moses-Stephens
The defendant was stopped for speeding, weaving, and almost striking a police car. Officers observed the defendant to have an odor of alcohol, slurred speech, and a hard time locating his documents. He also stated he had drank 4 to 5 beers. After performing various field sobriety tests, he was arrested for DUI. He later blew a .166 and a .164 in the breath machine.
English is not the defendant's first language. Officers made no attempts to get an interpreter to assist in the DUI investigation so the defendant could properly understand.
The State dropped the DUI.
Aug 18, 2021 Case: 20-CT-055614 Judge Jacobus
The defendant was stopped for weaving all over the road, almost hitting a parked vehicle, and following too closely. Upon contact, officers observed convoluted and confusing statements. His eyes fluttered and they were glassy. The defendant was very aggressive and belligerent with the officers. After refusing roadside tests, he was arrested for DUI as the officers concluded he was impaired by drugs and not alcohol. He later refused breath and urine tests.
Under Florida DUI statute 316.193, the State must prove that a defendant is impaired by a specific chemical and/or controlled substance. One just can’t be impaired by something. The State could not prove the case and Dropped the DUI. The defendant received no criminal conviction.
The State dropped the DUI.
Aug 18, 2021 Case: 21-CT-010035 Judge T. Brown
The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He also had a flushed face and had a sway to his stance. The defendant admitted to having dank wine. After performing various field sobriety tests, he was arrested for DUI. He later blew a .146 and a .140 in the breath machine.
Due to many inconsistencies in the evidence, the State Dropped the DUI.
The State dropped the DUI.
Aug 18, 2021 Case: 21-CT-018173 Judge T. Brown
The defendant was stopped for excessive speed and failing to maintain her lane of travel. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. She had difficulty maintain her balance and swayed while standing. After performing roadside tests such as the one leg stand and walk and turn, she was arrested for DUI.
Many observations such as slurred speech and balance issues were contradicted by the defendant's video tape. This was brought to the State's attention by the firm. The State Dropped the DUI and the defendant received no criminal conviction on her record.
The State dropped the DUI.
Aug 17, 2021 Case: 20-CT-009003 Judge Jeske
The defendant was involved in a traffic crash after he wiped out on his motorcycle and slid into another car. When officers arrived, they observed an odor of alcohol, slurred speech, and he stumbled on his feet. He also had glassy/watery eyes. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
When asking the defendant to perform roadside tests, the officer misstated the law by telling him that one consents to roadsides when they get their driver's license. Under Florida law, the only thing that pertains to one's consent when they get a driver's license is a breath, urine, or blood test.
The State dropped the DUI.
Aug 17, 2021 Case: 20-CT-009314 Judge Jeske
The defendant was observed by the officer sitting in her car with the engine running behind a business establishment. Police responded to a call about a mentally ill person. When officers made contact with the defendant, they observed an odor of alcohol, numerous cans of alcohol that were crushed and empty, difficulty following directions, and slurred speech. She also gave unusual and inconsistent statements. She then performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
On tape, officers had made statements to each other on the body cameras about whether the defendant was impaired by a mental illness or alcohol. This was not written in any police reports. Had the firm not watched the tapes, it never would have been discovered or brought to the prosecutor's attention. Thus, there was reasonable doubt as to whether she was impaired by alcohol or a mental illness.
The DUI was dismissed.
Aug 10, 2021 Case: 20-CT-005801 Judge Gutman
The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, he appeared unsteady on his feet, and had slurred speech. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test.
On tape, the defendant's speech did not appear to sound slurred and he did not appear off balance or unsteady.
The State dropped the DUI.
Aug 10, 2021 Case: 20-CT-007979 Judge Gutman
The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant also struggled to find her documents. She refused to perform roadside tests and was arrested for DUI. She later refused the breath test. This was her Second DUI and also Second refusal.
At the civil administrative DMV hearing, the officer testified under oath how the defendant was practically a falling down drunk. This testimony was contradicted by the video tape. The State Dropped her Second DUI and dismissed the refusal charge.
The State dropped the DUI.
Aug 9, 2021 Case: 21-CT-004306 Judge Damico
A caller dialed 911 saying that that the defendant was involved in a hit and run crash. When officers stopped the defendant, they observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He then performed field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later refused the breath test.
Due to a lack of specifies on the police reports as to the field sobriety tests, the State Dropped the DUI.
The State dropped the DUI.
Jul 29, 2021 Case: 20-CT-012168 Judge Farr
The defendant crashed her car into a mailbox then post. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. She fumbled around with her paperwork and was very unsteady. After performing various roadside tasks, she was arrested for DUI. She later refused the breath test.
Many aspects of the video tape contradicted by the police reports.
The State Dropped the DUI.
Jul 29, 2021 Case: 21-CT-001396 Judge Farr
The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. He also had a red face and appeared disoriented. After performing field sobriety tests, he was arrested for DUI. He later blew a .150 and a .132 in the breath machine.
The defendant's performance on video tape during the field sobriety test clearly showed that he was lower than .08 at the time of driving. Thus, he would have be absorbing alcohol when he blew into the machine.
The State dropped the DUI.
Jul 29, 2021 Case: 20-CT-004465 Judge Farr
The defendant was observed by an officer stumbling into a Waffle House. He noticed the defendant stumble, have slurred speech, and acting belligerent. The defendant then entered his car and drove off. Contact was made with the defendant at a gas station. Similar observations were made by police and he was asked to perform roadside tasks as officers believed he was impaired by drugs, and not alcohol. He performed very poorly and was arrested for DUI. He provided a urine sample which revealed Xanax and Marijuana once analyzed by FDLE.
The State could not prove how long the substances had been in his system. Thus, they couldn't prove he was actually impaired by those drugs.
The State dropped the DUI.
Jul 19, 2021 Case: 21-CT-010035 Judge Garagozlo
The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/glassy eyes, and she appeared disoriented and confused. When asked how much she had to drink, she responded "not that much." Her speech was slurred and she also appeared clumsy. She consented to perform field sobriety tests such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.
Many observations of the defendant's performance on the roadside tests were very vaguely written and hardly any specifics included.
The State dropped the DUI.
Jul 19, 2021 Case: AD0B9EE Judge Vaccaro
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having drank two drinks. After performing roadside tests on video, he was arrested for DUI. He later refused the breath test.
Parks & Braxton announced ready for trial. Prior to trial, we pointed out to the State that there was no probable cause to even arrest the defendant based on the video tape. Prior to trial, the State Dropped the DUI.
The State dropped the DUI.
Jul 16, 2021 Case: 21-CT-002688 Judge Denkin
The defendant was stopped for nearly crashing into other vehicles. The officers observed an odor of alcohol, thick tongued speech, and she was slurring her words. After performing poorly on roadside tests, she was arrested for DUI and later refused the breath test.
Due to inconsistencies in the reports pointed out by the defense, the State Dropped the DUI.
The State dropped the DUI.
Jul 15, 2021 Case: 21-CT-015462 Judge Silverman
The defendant was the at fault driver in a crash. The defendant had glassy eyes, slurred speech, and difficulty answering questions. The defendant was off balance and almost fell over. Believing that she was impaired by drugs, the defendant was asked to perform roadside tests. She refused and was arrested for DUI. She later refused a urine test.
An officer can only request a breath and/or urine test after one has been arrested. Here, the officer read her implied consent and requested a urine test prior to arresting her which was unlawful. Thus, her refusal to provide a urine sample would have been excluded from evidence. In addition, the State could not prove by what specific chemical and/or or controlled substance was allegedly impairing the defendant as required by Florida DUI Statute 316.193. . The State Dropped the DUI to a civil careless infraction.
The State dropped the DUI.
Jul 14, 2021 Case: 20-CT-504148 Judge George
The defendant was the at fault driver when she hit a bus from behind. Officers observed slow/sluggish speech, her movements were slow, and she had watery eyes. The defendant admitted to having taken her prescription medicines. Believing she was impaired by a chemical and/or controlled substance, she was asked to perform field sobriety tests. She was then arrested for DUI. At the station, another officer who is a DRE (drug recognition expert) was called in to perform a DRE exam on her to determine what class of drugs was allegedly impairing her. She also provided a urine sample which later came back from FLDE positive for amphetamines.
The observations both the arresting officer and the DRE officer made were inconsistent with someone being impaired by amphetamines. In fact, the DRE officer concluded that she was impaired by a CNS Depressant which was not only wrong, but on the opposite spectrum of amphetamines. Someone who is impaired by amphetamines will appear euphoric and excited and not slow and sluggish. In addition, someone who is impaired by amphetamines will not exhibit HGN (the eyes test), nor have equal pupil size, like the defendant did. In addition, when the officer administered the roadside tests, he covered his body worn camera with his forearm and clip board so one could not even see the defendant's performance.
The State Dismissed the DUI a week prior to the trial date.
Jul 12, 2021 Case: 21-CT-000056 Judge Hill
A call was made by the defendant's girlfriend that he was extremely intoxicated and got in his semi-truck and left the area. When police found him, he was parked in his semi at the entrance to his work. As officers approached the defendant, he was asked to exit the truck. He had extreme difficulty exiting the truck and then the officer noticed an odor of alcohol. They also observed a sway, red eyes, and he stated that he had "too many drinks to be driving." He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
Parks & Braxton got depositions granted of the two officers in question. Prior to the depos, in speaking to the officers, it was uncovered that when the officers found the defendant, he was sleeping in the bed of his truck. This information was not written in the police reports and would have never been uncovered if the firm did not attempt to take depos. The state could not prove that the defendant was in actual physical control of the truck.
The State then Dismissed the defendant's third DUI.
Jul 12, 2021 Case: 21-CT-000304 Judge Krause
The defendant was stopped for drifting and almost striking another car. Officers observed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed various roadside tests such as the estimation of time, one leg stand, and walk and turn. He was then arrested for DUI and later blew a. 098 and a .106 in the breath machine.
Due to the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath alcohol results under the legal limit.
The State dropped the DUI.
Jul 9, 2021 Case: 19-00002MU10A Judge Diaz
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant then performed various filed sobriety tests and was arrested for DUI. After being arrested, the defendant stated “he was supposed to have stayed in tonight had made a mistake." He later refused the breath test.
Parks & Braxton announced ready for trial. Prior to trial, the firm pointed out many inconsistencies between the officer's reports and the DUI video tape. Just prior to jury trial, the State Dropped the DUI.
The State dropped the DUI.
Jul 8, 2021 Case: 21-CT-003996 Judge Moses-Stephens
The defendant was stopped for swerving and almost striking the fog line. The officer observed an odor an alcohol, red/watery eyes, and slurred speech. The defendant stated that he had one drink. The defendant performed various field sobriety tests. For example, on the one leg stand, he put his foot down, used his arms for balance, and swayed. He was arrested for DUI. He later refused the breath test.
Issues were raised as to the lawfulness of the traffic stop due to a lack of particulars.
The State dropped the DUI.
Jul 8, 2021 Case: 21-CT-005341 Judge Moses-Stephens
The defendant was stopped for weaving from side to side. The officer observed an odor of alcohol, slightly slurred speech, and she stated she had drank a few glasses of wine. She exhibited mood swings and sometimes was difficult to understand. After performing various field sobriety tests, she was arrested for DUI. She later refused the breath test.
There was no reasonable suspicion to believe that she was sick, injured, or impaired when the officer stopped her, since no traffic was affected and the driving pattern did not go on for a long time.
The State dropped the DUI.
Jul 8, 2021 Case: 20-CT-010471 Judge Farr
The defendnat was found in a McDonald's parking lot by police after a concerned citizen called 911 that the defendant appeared to be intocxicated. Upon contact, officers observed an odor of alcohol, droopy/bloodshot eyes, slurred speech and he admitted to having consumed alcohol. Once out of the car, he appeared unsteady. After performing the roadside tests he was arrested for DUI. He later refused the breath test.
Due to a lack of specifics by the caller, the police did not corroborate any indicators of impairment prior to seizing the defendant by ordering him our of the car.
State dropped the DUI.
Jul 7, 2021 Case: 21-CT-003970 Judge Gutman
The defendant was stopped for speeding and drfiting. The officer observed an odor of alcohol, watery/bloodshot eyes, and she admitted to having drank two alcoholic beverages. She then performed various field sobriety tests and was subsequently arrested for DUI. She later blew a .124 and a .116 in the breath machine.
When the officer did the HGN (eyes test), he did not get an angle onset of 45 degrees or less in the defendant's eyes. Under Tharpe's Formula, if that occurs, it may mean that the defendant was under the .08 legal limit.
The State dropped the DUI.
Jul 7, 2021 Case: 21-CT-011446 Judge Gutman
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. She then refused to perform all roadside tests and was arrested for DUI. She later refused the breath test.
In order to conduct a DUI investigation, the officer must be indicia of impairment. Here there was none, as she exhibited no erratic drving, no speech issues, and no balance issues. Thus, were was a lack of reasonable suspicion to even conduct a DUI investigation.
The State dropped the DUI.
Jul 7, 2021 Case: 20-CT-008545 Judge Jeske
The defendant crashed his car into a median then a building. Officers observed an odor of alcohol, bloodshot eyes, and he leaned on objects for support. He denied drinking any alcohol. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
The officer made it out in his reports like the defendant was a falling down drunk. Almost all of his observations that were written were contradicted by the video.
The State dropped the DUI.
Jul 7, 2021 Case: 20-CT-008396 Judge Jeske
The defendant was the at fault driver in a crash whereby he enterd an intersetion illegally. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendnat refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
On tape, the defendant was arrested very fast after refusing the roadside tests. It gave the imrpession that the officer already had made up his mind that he was going to arrest the defendant whether he did the roadsdies or not.
The State dropped the DUI.
Jun 28, 2021 Case: 21-CT-500378 Judge Gagliardi
The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, bloodshot/watery eyes, and flushed skin. He had slurred speech, swayed, and had trouble locating his documents. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Based on the video tape evidence, the firm pointed out that there was lack of probable cause to arrest the defendant. The State agreed and Dropped the DUI.
The State Dropped the DUI.
Jun 28, 2021 Case: 20-CT-011713 Judge Gutman
The defendant was stopped for speeding. The officer observed an odor of alcohol, fumbling fingers, and watery eyes. The defendant refused to perform roadsides tests and was arrested for DUI. He later refused the breath test.
There was a lack of reasonable suspicion of a crime for the officer to even legally request field sobriety tests. There must be indicators of impairment to justify the request.
The State dropped the DUI.
Jun 28, 2021 Case: 21-CT-002061 Judge Gutman
The defendant was stopped for weaving. The officer noticed an odor of alcohol and bloodshot eyes. She admitted to having drank one or two drinks. She then performed the walk and turn and one leg stand tests. She was then arrested for DUI and later blew. a .159 and a .153 in the breath machine.
The defendant's video tape showed that she may have been lower than .08 at the time of driving and that she was absorbing alcohol. Her roadside performance contradicted her breath test results.
The State dropped the DUI.
Jun 23, 2021 Case: 21-CT-013151 Judge Brown
The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, he was unable to multi task, and had bloodshot eyes. His speech was slurred and thick tongued, he seemed very confused, and was unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The defendant had some mental health issues which caused his speech to appear slurred and also caused him to get very nervous and appear impaired. There was doubt as to whether he was impaired by alcohol or his mental health issues.
The State dropped the DUI.
Jun 23, 2021 Case: 21-CT-013370 Judge Brown
The defendant was stopped for weaving within the lane and following too closely. The officer noticed an odor of alcohol and she had an orbital sway, slurred speech, and appeared unsteady. After performing field sobriety tests, she was arrested for DUI. She later blew a. 229 and a .222 in the breath machine.
Issues were raised by the firm as to whether the breath test was lawfully obtained. Just because you provide a breath test, doesn't mean it is always admissible into evidence.
The State dropped the DUI.
Jun 18, 2021 Case: 21-CT-000470 Judge Poblick
The defendant was stopped for tailgating. The officer noticed an odor of alcohol, he admitted to having drank beer, and had glassy/watery eyes. He also had slurred speech, appeared unsteady, and used the truck for balance. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Many of the observations written by the officer were contradicted by the video. For example, the defendant's speech did not appear slurred and he did not appear unsteady on tape.
The State Dropped the DUI.
Jun 18, 2021 Case: 21 CT 500228 Judge George
The defendant was found passed out in his car in a parking space on the side of a 7-11 building. Someone had called 911 concerned that he had been parked there for over an hour. When police arrived, they got him to wake up and noticed an odor of alcohol, slurred speech, and red eyes. The defendant stated that he had been at a friend's house and stopped because he was tired. After performing various roadside tasks, he was arrested for DUI. He later blew a .106 and a .105 in the breath machine.
The State could not prove that the defendant was in actual physical control of the vehicle as he had no "capability" to operate it while asleep in a parking space.
The State dropped the DUI.
Jun 18, 2021 Case: 21-CT-002059 Judge Conrad
The defendant was stopped for weaving and driving erratically. Officers noticed an odor of alcohol, slurred speech, and she admitted that she had consumed about 3 drinks. She then performed the walk and turn, one leg stand, and HGN (eye test) exercises. She was then arrested for DUI and later blew a .142 and a .141 in the breath machine.
Issues were raised by the firm as to the lawfulness of the traffic stop as well as probable cause to arrest.
The State dropped the DUI.
Jun 17, 2021 Case: ACBMTRE Judge Lawhorne
The defendant was the at fault driver in a rear end crash. When officers arrived, the defendant had no odor of alcohol, but they observed watery/bloodshot eyes, unsteadiness on her feet, she appeared sleepy, and had mood swings. Believing she may impaired by drugs, she was requested to perform field sobriety tests. She was then arrested for DUI. She later provided a urine sample which came back from the FDLE lab positive for amphetamines and marijuana.
The State could not prove that she was under the influence of the two drugs at the time of the crash. Marijuana can be in your system for up to 30 days. The officer did not smell any pot, nor find any. She is also prescribed the amphetamine. Also, on tape, prior to even beginning the roadside tests, the officer was having her car towed. The defendant can even be heard asking why are you towing my car. This proved that the officer had his mind made up to arrest her from the very beginning.
The State Dropped the DUI to a Civil Careless driving infraction.
Jun 9, 2021 Case: 21-CT-012463 Judge Peacock
The defendant was stopped for weaving. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant denied drinking. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .152 and a .145 in the breath machine.
The firm raised issues as to the lawfullness of the traffic stop.
The State dropped the DUI.
Jun 9, 2021 Case: 21-CT-012467 Judge Peacock
The police were called because the defendant was traveling the wrong way and swerving. When officers found the defendant, he was outside his car. They observed an odor of alcohol, slurred speech and he admitted to having consumed 6 drinks. After performing field sobriety tests, he was arrested for DUI. He later blew a .208 and a .199 in the breath machine.
When there is no crash, under Florida Statute 901.15, the police are required to observe the defendant behind the wheel. If they do not, the arrest is unlawful and the breath test would have been excluded.
The State dropped the DUI.
Jun 9, 2021 Case: 18-014784CF10A Judge Coleman
The defendant was the at fault driver in a traffic crash. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank 3-4 beers and had trouble standing erect. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's 4th DUI and he was charged with felony DUI.
Parks & Braxton filed multiple motions to suppress evidence in the case. The firm also took depositions of the witnesses. The civilian witness involved in the crash contradicted almost every portion of the officer's testimony. Thus, there were credibility issues.
The State Dropped the Felony DUI.
Jun 9, 2021 Case: 21-CT-000355 Judge Christine
The defendant was stopped after a caller dialed 911 saying that the defendant was driving all over the road and speeding. The caller was actually an off duty officer. When officers stopped the defendant, they noticed an odor of alcohol. glassy eyes, and thick tongued speech. She stumbled and was very unsteady. The defendant refused roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest.
Since there was no DUI video, the firm put forth that there was a lack of evidence and also that the police reports were vaguely written.
The State dropped the DUI.
Jun 9, 2021 Case: 21-CT-012267 Judge Jacobus
The defendant was pulled over for driving with no headlights. Officers observed an odor of alcohol, bloodshot eyes and he stated he had drank two beers. He also had mumbling speech and swayed while he stood. He then performed the HGN (eye tests), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew. a .172 and a .167 in the breath machine.
Due to contradictions in the reports and video, the State Dropped the DUI.
The State dropped the DUI.
Jun 9, 2021 Case: 21-CT-011628 Judge Jacobus
The defendant was stopped for speeding and weaving. The officer noticed the defendant to have an odor of alcohol, a fixed gaze, and glossy eyes. She seemed confused, had slow speech, and stated she had just consumed alcohol. After performing field sobriety tests, she was arrested for DUI. She later blew a .211 and a .210 in the breath machine.
After the firm raised various legal issue within the case based on the discovery, the State Dropped the DUI.
The State dropped the DUI.
Jun 9, 2021 Case: 18-000620CF10A Judge Kollra
The defendant crashed into a bicyclist in a residential neighborhood driving approximately 90 mph. The bicyclist subsequently died and the defendant was charged with vehicular homicide. A video which was located two blocks from the crash estimated the defendant's speed between 84mph and 99mph. The black box in the vehicle revealed a speed of 88mph. A civilian witness observed the defendant behind the wheel and corroborated the speed.
The State Attorney listed approximately 50 witnesses. Most important to the case was the traffic homicide investigator. After five (5) hours of cross-examination, the homicide investigator acknowledged the following. First, there was a box truck making a left turn that was discovered near the location of the crash which could have concealed the victim's bicycle just prior to the crash. There was a set of headphones that were located close to the victim's body which could have impaired the defendant's attention on the road. A toxicology report indicated both alcohol and cocaine in the victim's blood which could have impaired his ability to safely operate the bicycle. In addition, the officer recognized that many of the details that the independent civilian witness testified to were incorrect. The prosecutor acknowledged the weaknesses that were created by the defense. The vehicular homicide was amended to a reckless driving with injury.
The defendant was not convicted of any crime.
Jun 9, 2021 Case: 18-000620CF10A Judge Kollra
The defendant crashed into a bicyclist in a residential neighborhood driving approximately 90 mph. The bicyclist subsequently died and the defendant was charged with vehicular homicide. A video which was located two blocks from the crash estimated the defendant's speed between 84mph and 99mph. The black box in the vehicle revealed a speed of 88mph. A civilian witness observed the defendant behind the wheel and corroborated the speed.
The State Attorney listed approximately 50 witnesses. Most important to the case was the traffic homicide investigator. After five (5) hours of cross-examination, the homicide investigator acknowledged the following. First, there was a box truck making a left turn that was discovered near the location of the crash which could have concealed the victim's bicycle just prior to the crash. There was a set of headphones that were located close to the victim's body which could have impaired the defendant's attention on the road. A toxicology report indicated both alcohol and cocaine in the victim's blood which could have impaired his ability to safely operate the bicycle. In addition, the officer recognized that many of the details that the independent civilian witness testified to were incorrect. The prosecutor acknowledged the weaknesses that were created by the defense. The vehicular homicide was amended to a reckless driving with injury.
The defendant was not convicted of any crime.
Jun 8, 2021 Case: 21-CT-001868 Judge Farr
The defendant was stopped for driving southbound in the northbound lane of travel. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. She was slow and lethargic, admitted to having drank beer, and appeared unsteady. After performing various field sobriety tests, she was arrested for DUI. She later blew a .180 and a .162 in the breath machine.
Due to some conflicts within the discovery, the firm was able to convince the State that there were credibility issues.
The State dropped the DUI.
Jun 8, 2021 Case: 19-008124MU10A Judge Carpenter-Toye
The defendant was stopped for the traffic violation of not wearing a seatbelt. They observed an odor of alcohol and watery eyes. The defendant admitted to having drank 2 beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .123 and a .116 in the breath machine.
Parks & Braxton filed a pre trial motion to suppress the breath test. In our motion, we alleged that the defendant was improperly coerced into taking a breath test by the police because they gave him misinformation. The State subsequently Dropped the DUI after the motion hearing.
The State dropped the DUI.
Jun 7, 2021 Case: 20-CT-003097 Judge Sestak
The defendant ran off the road and crashed his car in some trees. When officers arrived, they noticed an odor of alcohol, bloodshot/watery eyes, and a flushed face. He had mumbled speech, appeared sleepy and lethargic, and had to lean on the vehicle for balance. He refused to perform all roadsides and was arrested for DUI. He later refused the breath test.
The firm put forth that there was an actual physical control issue as it was unknown where the keys were located to the vehicle. Also, many observations that the officer wrote in his reports were contradicted by the video tape. Furthermore, the officer did not advise the defendant of any adverse consequences when he refused the roadside tests as required by law.
The State dropped the DUI.
Jun 7, 2021 Case: 19-025152MU10A Judge Lerner-Wren
The defendant was found by road rangers sleeping in his vehicle. Officers had to bang on his window to get him to wake up. When he rolled down his windows officers observed an odor of alcohol, bloodshot eyes, and slurred speech. When he was out of the car, he was unsteady and swayed while he stood. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
There was no reasonable suspicion of a crime (ie. DUI ) to justify ordering the defendant out of the car. Also, there was a lack of actual physical control since he was sleeping in his car.
The State dropped the DUI.
Jun 4, 2021 Case: ADW4CWE Judge Szematowicz
Police were called about intoxicated males having a a brawl. The defendant was in the drivers seat of a truck when officers arrived on scene. They observed the defendant to have an odor of alcohol and slurred speech. The defendant's eyes were droopy and red, he had difficulty following instructions, and he had numerous behavioral changes. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The call was not specific as to which males were actually fighting. Thus, the firm put forth that ordering the defendant out of the truck without reasonable suspicion of a crime was unlawful.
The State dropped the DUI.
Jun 3, 2021 Case: 21-CT-000352 Judge Gutman
The defendant was stopped for driving with no lights. The officer noticed an odor of alcohol, bloodshot eyes, and an unsteady balance. After performing roadside tests, she was arrested for DUI. She later refused to provide a breath sample.
Based on the video and written evidence, the firm put forth that there was a lack of probable cause to make the arrest.
The State dropped the DUI.
Jun 3, 2021 Case: 20-CT-009351 Judge Gutman
The defendant was the at fault driver in a rollover crash. When officers arrived on scene, they observed an odor of alcohol, bloodshot eyes, thick/slurred speech, and a confused demeanor. The defendant was transported to the hospital where she refused to provide a blood sample. She was later charged with DUI.
There was doubt as to whether any impairment observed was equally due to the severity of the rollover crash versus impairment by alcohol.
The State dropped the DUI.
Jun 3, 2021 Case: 21-CT-000886 Judge Gutman
The defendant was stopped for weaving, almost striking concrete curbs, and driving on lane markers. Officers observed an odor of alcohol, watery eyes, and he admitted to having drank vodka/Red Bulls. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew. a .095 and a .095 in the breath machine.
There is a .02 margin of error in the breath machine. Thus, the firm was able to put the defendant's breath alcohol results under the legal limit.
The State dropped the DUI.
Jun 3, 2021 Case: 20-CT-008964 Judge 20-CT-008964
The defendant was contacted by police after a caller stated that he was passed out in the drive thru lane at a fast food restaurant. Officers observed a strong smell of Marijuana, an odor of alcohol, and bloodshot eyes. He performed poorly on the roadside tests and he was arrested for enhanced DUI, because there was a child in the car. He later provided a urine sample which tested positive for Marijuana once analyzed by the FDLE lab.
Due to contradictions in the police reports versus the video, the Sate Dropped the DUI.
The State dropped the DUI.
Jun 2, 2021 Case: 20-CT-011306 Judge Scott for Mcneil
The defendant was stopped for weaving and straddling on the lane markers. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to having consumed beer and taking Klonipin (a controlled substance). After performing field sobriety tests, he was arrested for DUI.
The defendant was stopped for weaving and straddling on the lane markers. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to having consumed beer and taking Klonopin (a controlled substance). After performing field sobriety tests, he was arrested for DUI.
The State dropped the DUI.
Jun 2, 2021 Case: 20-MM-000704 Judge Wilson
The police responded to a call about a reckless driver who appeared intoxicated and almost ran them off the road. Police spotted the vehicle in question, driven by the defendant, who had pulled over on the side of the road. When police made contact, they observed an odor of alcohol. He stated that he had drank rum and tequila, and he had extremely slurred speech. He was verbally abusive and also very belligerent. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. He was also charged with making threats to law enforcement and willfully refusing to sign a summons.
The officers did not corroborate any diving pattern prior to making contact and ordering him out of the car. Thus, the firm put forth that initial stop was unlawful. The State Dropped the defendant's Second DUI. The other two charges were dropped as well.
The State dropped the DUI.
Jun 1, 2021 Case: 20-CT-002478 Judge Conrad
The defendant crashed his car into a mailbox and ended up in a ditch. The officer came into contact with the defendant about an hour and half later, down the road from the crash scene. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .233 in the breath machine. This was the defendant's Second DUI.
The State could not prove that the defendant was under the influence of alcohol at the time of the crash due to the time frame and distance from the crash scene.
The State Dropped the defendant's Second DUI.
May 27, 2021 Case: 20-CT-011010 Judge Gutman
The defendant was found by police sitting in his car with a flat tire and fresh damage to the passenger side mirror. He exited his car and began urinating in front of the officer. Officers observed an odor of alcohol, slurred/mumbled nonsensical speech, and glassy eyes. He became belligerent and had trouble following instructions. He couldn't perform any roadside tests and was arrested for DUI. He later refused the breath test.
The firm raised issues with the State as to whether the the defendant was impaired prior to the vehicle being inoperable.
The State dropped the DUI.
May 24, 2021 Case: 20-CT-016247 Judge Panse
The defendant was stopped for speeding, weaving, and cutting all over lanes of traffic. Officers observed an odor of alcohol, a flushed red face, and slurred speech. The defendant appeared nonresponsive to the officer’s questions. After performing roadside tests, she was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest.
The firm pointed out to the State that on tape the officer had his mind made up to arrest the defendant prior to any DUI investigation being conducted. He was talking very fast and the defendant couldn't follow what he was saying. It was very clear that he was just going though the motions.
The State Dropped the defendant's Second DUI.
May 20, 2021 Case: ABW48OE Judge Szematowicz
The defendant was stopped for weaving. Officers observed an odor of alcohol, bloodshot/watery eyes, and a dazed look. Her speech was mumbled, she swayed while she stood, and she fumbled with her documents. After performing various field sobriety tests, she was arrested for DUI. She later blew. a .103 and a .098 in the breath machine.
Due to the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath results under the legal limit. In addition, when the officer performed the HGN (eye test) on the defendant, he did not get an angle of onset prior to 45 degrees. What that means is that the defendant could have been under the legal limit at the time of driving pursuant to Tharpe's formula. Also, many observations the officer wrote were contradicted by the video tape.
The State dropped the DUI.
May 18, 2021 Case: 20-CT-008692 Judge Farr
The defendant was stopped after he almost collided with a police car. Officers observed an odor of alcohol, slurred speech, and he appeared sleepy. They also noticed slow/deliberate movements, watery eyes, and a dazed/blank stare. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI arrest.
Many observations the officer wrote in his reports were contradicted by the video tape.
The State dropped the DUI.
May 18, 2021 Case: 21-CT-001454 Judge Farr
The defendant was stopped for being stopped in a lane of traffic asleep at the wheel. Officers noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He also was unsteady and admitted to having drank alcohol. He then performed roadside tests and was arrested for DUI. He later blew. a 133 and a .126 in the breath machine.
The initial seizure by police was unlawful when they ordered him out of the car because they made no DUI observations while he was still seated in the car.
The State dropped the DUI.
May 12, 2021 Case: 20-CT-011107 Judge Farr
The defendant was stopped for driving the wrong way and swerving. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He was asked to perform roadside tests to which he refused. He was then arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
The credibility of the officers was called into question as to whether or not the defendant actually had an odor of alcohol. One officer can he heard on tape saying he did not smell anything even as he was up close. Also, the defendant's speech did not appear slurred on tape.
The State Dropped the Defendant's Second DUI.
May 7, 2021 Case: 20-004566MU10A1 Judge Szematowicz
The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol and bloodshot/watery eyes, After performing various field sobriety tests such as the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test.
On tape, it was clear the arresting officer was being trained by a field training officer. At one point on tape, after all the roadside tests were completed by the trainee, the trainee was overheard saying to his superior, "I am not sure." The arresting officer can be heard, "use your training and experience. " Well, he has none.
The State dropped the DUI.
May 6, 2021 Case: 20-CT-016822 Judge Eissey
The defendant crashed his car into another car after backing out of a driveway. Officers observed the defendant to have an odor of alcohol, slightly slurred speech, and he admitted to having drank beer. He was unsteady and had trouble focusing. He kept repeating the same story over and over. After performing field sobriety tests, he was arrested for DUI. He later blew a .123 and a .127 in the breath machine.
legal issues were raised by the firm about whether the defendant was coerced into taking a breath test.
The State dropped the DUI.
May 6, 2021 Case: 20-004566MU10A Judge Solomon
The defendant was the at fault driver in a crash and then fled the scene. When officers caught the defendant, they observed an odor of alcohol, glassy eyes, and he had a hard time keeping his eyes open. He appeared very unsteady, used the car door for support, and had a dazed look. The defendant refused to perform roadside tests and was arrested for DUI and leaving the scene of an accident. He later refused the breath test.
The firm filed a pretrial motion to suppress any and all of the defendant's statements to police based on a violation of Miranda. On the day of the motion, the State agreed to Drop the DUI. He also received no conviction on the leaving the scene of an accident charge.
The State dropped the DUI.
May 5, 2021 Case: 20-CT-011110 Judge Gutman
The defendant was stopped for speeding and crossing over lane markers. The officer observed an odor of alcohol, bloodshot/glassy eyes, and a flushed face. He admitted to having drank beer. He was also unsteady and he swayed while standing. After performing roadside tests, he was arrested for DUI. He later blew a .156 and a .145 in the breath machine.
The firm raised various contradictions in the reports versus the video tape.
The State dropped the DUI.
May 5, 2021 Case: 20-CT-008124 Judge Gutman
The defendant was stopped for weaving. The officer observed an odor of alcohol, glassy eyes, and he used his truck for balance. After performing only the HGN (eye test) \, he refused to perform any others. He was then arrested for DUI and later refused the breath test.
Parks & Braxton raised issues as to a lack of probable cause to make the arrest based on the video tape evidence.
The State dropped the DUI.
Apr 27, 2021 Case: 20-CT-012321 Judge Conrad
The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Parks & Braxton raised issues as to the lawfulness of the arrest due to a lack of probable cause.
The State dropped the DUI.
Apr 20, 2021 Case: 20-CT-012002 Judge Farr
The defendant was found passed out in the driver's seat of his car in the middle of an intersection. Upon awakening the defendant, officers observed an odor of alcohol, slurred speech, and watery/glassy eyes. He also had displaced motor skills and was unsteady. After performing roadside tests, he was arrested for DUI. He later blew a .197 and a .188 in the breath machine.
The firm brought contradictions between the reports and the video to the State's attention.
The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-054364 Judge Jacobus
The defendant was stopped for failing to yield to an oncoming vehicle and almost causing a crash. Officers noticed the defendant to have an odor of alcohol, mumbling speech, and watery eyes. His movements were slow, he stumbled, and he also swayed. After performing field sobriety tests, he was arrested for DUI. He later blew a .149 and a .142 in the breath machine.
There were issues as to whether the defendant actually failed to yield calling into question the lawfulness of the traffic stop.
The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-012631 Judge Conrad
The defendant crashed his car off an embankment. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He made inconsistent statements and appeared confused. He admitted to drinking and performed poorly on roadside tests. He was arrested for DUI and later refused the breath test.
There were issues as to whether the State could prove that the defendant was in actual physical control because he was not behind the wheel when officers arrived on scene.
The State dropped the DUI.
Apr 14, 2021 Case: 21-CT-010118 Judge Garagozlo
The defendant was stopped for failing to maintain a single lane. Once stopped, officers noticed an odor of alcohol, watery eyes, and a flushed face. He admitted to having drank two beers and he swayed. After performing field sobriety tests, he was arrested for DUI. He alter refused the breath test.
Issues were raised by the firm as to the lawfulness of the traffic stop based on the video and the reports.
The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-051685 Judge Garagozlo
The defendant was found by police asleep behind the wheel of his car. He was slumped over the wheel. When they awoke him, they noticed an odor of alcohol, glassy eyes, and his movements were slow. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test.
The defendant was not in actual physical control as he had no capability to operate the vehicle while he was sleeping.
The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-048275 Judge Garagozlo
The defendant was stopped for driving with no headlights. Officers noticed the defendant to have an odor of alcohol, slurred speech, and he appeared clumsy. He was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test.
The defendant was never advised of any adverse consequences when he refused to perform field sobriety tests as required by law.
The State dropped the DUI.
Apr 13, 2021 Case: AD0BYCE Judge Lawhorne
The defendant was stopped for speeding. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he appeared lethargic. After performing roadside tests such as the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
There was a lack of probable cause to arrest the defendant based on the video tape and police report evidence. This was presented to the prosecutor.
The State Dropped the defendant's Second DUI.
Apr 13, 2021 Case: 5521-XEB Judge Lawhorne
The defendant backed into a car and fled the scene. Officers observed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, swayed, and staggered. After performing poorly on the roadside tests he was arrested for DUI. He later refused the breath test. He was also charged with leaving he scene of an accident.
During discovery, the defense learned that the officer used some type of hand held video camera. It was discovered that the video was destroyed. Prior to filing any motions to dismiss for destruction of evidence, the State Dropped the DUI and also the Leaving the Scene charge.
The State dropped the DUI.
Apr 12, 2021 Case: 19-CT-002446 Judge Bigney
The defendant was found passed out in his car in a lane of travel. The officer parked his car in front of the defendant's car so it wouldn't move forward. Officers noticed the defendant to be nonresponsive to their questions, have an odor of alcohol, and have bloodshot eyes. He was then asked to perform roadside tests and he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Third DUI arrest.
Parks & Braxton got the defendant's refusal to perform roadside tests excluded because the officer did not advise him of any adverse consequences as required by law. We also pointed out to the Sate without that evidence of the refusal, there was a lack of probable cause to arrest him.
The day before the trial, the State Dismissed the defendant's Third DUI.
Apr 8, 2021 Case: 20-CT-016446 Judge Moses-Stephens
The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, glassy eyes, and he had a blank stare. The defendant admitted to drinking alcohol and had a hard time listening. He performed poorly on roadside tests and was arrested for DUI. He later blew a .202 and a .199 in the breath machine.
The firm brought issues to the State's attention that arose from the discovery relating to the lawfulness of the traffic stop.
The State dropped the DUI.
Apr 6, 2021 Case: 20-CT-007530 Judge Conrad
The defendant was stopped for speeding and cutting off other cars. The officer noticed an odor of alcohol, bloodshot eyes, and rapid hand movements. The defendant was unable to stand still and follow simple directions. He then performed poorly on roadside tests and was arrested for DUI.
The defendant performed much better on the roadside tests on tape than as described in the reports.
The State dropped the DUI.
Apr 6, 2021 Case: 20-CT-008658 Judge Conrad
The defendant was stopped for speeding and almost striking a police car. The officer observed an odor of alcohol and the defendant admitted to having drank beer. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test.
Based on odor of alcohol alone, there was no reasonable suspicion of a crime to even request the defendant to perform field sobriety tests.
The State dropped the DUI.
Apr 1, 2021 Case: AE38AFE Judge Lawhorne
The police arrived to find the defendant sitting in the drivers seat in a parking space having just finished vomiting. A caller had alerted 911 to that fact. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot glassy eyes, and she swayed while she stood. According the officer she failed the field sobriety tests and was arrested for DUI.
The defendant performed much better than described in the reports so the firm pointed out to the prosecutor there was a lack of probable cause to arrest the defendant.
The State dropped the DUI.
Mar 31, 2021 Case: 19-CT-000915 Judge Hamilton
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and a flushed face. He then performed the walk and turn, one leg stand, and HGN (eye test) exercises. He was subsequently arrested for DUI and later refused the breath test.
The firm pointed out to the State that one officer got nystagmus on the HGN (eye test) and the officer did not. This was heard as they were talking on tape. As HGN is a strong indicator of alcohol being in one system, this inconsistency called their credibility into question.
The State dropped the DUI.
Mar 31, 2021 Case: 2020-104240-MMDL Judge Kelly
The defendant was the at fault driver in a sideswipe crash. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. Vodka was found in the defendant's car. She performed very poorly on the roadside tests and was arrested for DUI. She later refused the breath test.
Due to numerous inconsistencies between the video and the reports, the State Dropped the DUI.
The State dropped the DUI.
Mar 30, 2021 Case: 20-CT-002205 Judge Conrad
Officers responded to call about a reckless driver and located the defendant. Officers observed an odor of alcohol, watery/glassy eyes, and a red face. He also had eyelid tremors and was unsteady on his feet. According to the officers, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
and was arrested for DUI.
There was no corroboration of any driving pattern observed by the officers so the lawfulness of the traffic stop was called into question. In addition, there were contradictions with the police reports themselves as well as what took place on video tape.
The State dropped the DUI.
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