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DUI Wins

Our Recent Victories

Nov 9, 2021 Case: 21-CM-002502 Judge Gutman
The defendant was found passed out in his car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. While outside the car, he swayed back and forth. After performing only the HGN (eye test), he was arrested for DUI. He later refused a breath test. After arrest, the officers found drug paraphernalia and he was charged with that as well.
To be in actual physical control, a defendant must have the "capability" to operate a motor vehicle. Here, the defendant was sleeping, so he had no capability to operate the car. The State Dropped the DUI and dismissed the possession charge.
The State dropped the DUI.
Nov 9, 2021 Case: 21-CT-002279 Judge Gutman
An officer observed an unknown female knocking on the window of the car driven by the defendant. The defendant was passed out. She then awoke and drove into the woman banging on the window. The officer then went up to the car and noticed the defendant to have an odor of alcohol, bloodshot eyes, and she appeared lethargic. She also appeared confused and admitted to having drank two margaritas. After performing various roadside tests, she was arrested for DUI. She later refused a breath test.
On tape, the defendant did not appear confused or lethargic. In fact, she was very attentive during the roadside tests. Her speech also seemed normal. Due to many contradictions between the video tape and the written reports, the State Dropped the DUI just short of trial.
The State dropped the DUI.
Nov 9, 2021 Case: 21-CM-002358 Judge Gutman
The defendant's boat was stopped for a safety check by police. Upon boarding the boat, officers observed the defendant to have an odor of alcohol, watery eyes, he staggered, and was unsteady. He had problems using his fingertips and fumbled with his items. He then performed various roadside tests on the boat such as the palm pat, hand coordination, and finger to nose. He was then arrested for boating under the influence and later refused the breath test.
The officer had a body worn camera. The defendant only appeared unsteady because the boat was rocking on the water. His eyes were watery because he was on the water and out in the sun all day. There were three others on the boat who stated he was not impaired. Many observations written by the officer were completely exaggerated as compared to the body camera. The State Dropped the BUI a few days before trial.
The State dropped the DUI.
Nov 9, 2021 Case: 21-CT-004727 Judge Gutman
The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery/glassy eyes, and delayed verbal communication. He also had a red in color face. The defendant then performed field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
The firm pointed out to the State that there was a lack of probable cause to arrest him based on the video tape evidence. The State agreed and Dropped the DUI a few days before trial. It should be noted, the firm got his last DUI Dropped as well.
The State dropped the DUI.
Nov 9, 2021 Case: AEDU2TE Judge Bedinghaus
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and mumbled speech. He also swayed, stumbled, and appeared unsteady. He then performed the HGN (eye test), walk and turn, one leg stand and estimation of time exercises. He was then arrested for DUI and later blew a .139 and a .136 in the breath machine.
Issues were raised as to whether the defendant's breath alcohol level was lower at the time of driving due to his performance on the roadside tests. Thus, the firm called into question whether he was over .08 at the time of driving.
The State dropped the DUI.
Nov 4, 2021 Case: 21-CT-001080 Judge Dyer
The defendant was stopped for weaving and driving under the speed limit. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He appeared lethargic and exhibited mood swings. He also swayed, appeared unsteady, and had balance issues. He then refused roadside tests and was arrested for DUI. He later refused a breath test . This was the defendant's Second DUI.
There were a few cops on scene. It appeared on video as if it was training exercise to teach the trainee officer how to process a DUI. One cop was even asking about a refusal statute which didn't even apply. In addition, on tape he did not appear unsteady and his speech was normal. After speaking with the prosecutor, the State Dropped the defendant's Second DUI a few days before trial.
The State dropped the DUI.
Nov 2, 2021 Case: 21-CT-027598 Judge Peacock
The defendant was stopped for driving into oncoming traffic. The officer noticed an odor of alcohol, glassy/red eyes, and a fixed gaze. He also had a flushed face and slight slur to his speech. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
The police report over exaggerated the level of impairment on the roadside tests as compared to the video tape evidence.
The State dropped the DUI.
Nov 2, 2021 Case: 21-CT-027646 Judge Peacock
The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, glassy eyes, and he swayed while he stood. He also appeared clumsy, and he stumbled. He then performed field sobriety tests and was arrested for DUI. After his arrest, he blew a .205 and a .204 in the breath machine.
The firm raised probable cause to arrest issues which would have led to suppression of the breath test results.
The State dropped the DUI.
Nov 1, 2021 Case: 21-CT-024192 Judge Garagozlo
A caller dialed 911 stating that the defendant was driving eastbound in the westbound lanes. The officer then observed the defendant swerving all over. Officers observed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant then performed HGN (test) and was arrested for DUI. He later refused the breath test.
On video, right before the walk and turn began, it started pouring rain. The officers made no attempt to take the defendant out of the rain and off the highway to give him the opportunity to perform the walk and turn, one leg stand, and any other tests. The officers could be heard saying "we got enough, let’s just go." This was brought the prosecutor's attention along with other issues on the tape.
The State dropped the DUI.
Oct 27, 2021 Case: 21-CT-007730 Judge Weis
The defendant was found by police passed out in his car at a gas station. They found him after a caller dialed 911 stating that the defendant almost struck them in their car, as well as numerous others, and was driving over 100 mph swerving all over. Officers noticed the defendant to have an odor of alcohol, red eyes, they smelled urine, and he had slurred speech. The defendant was also a CDL holder. Due to bizarre behavior exhibited by the defendant, no roadsides were conducted. He was then arrested for DUI and later refused the breath test.
Since the call was anonymous, there was no reasonable suspicion of a crime justifying ordering the defendant out of the car without any corroboration.

The State dropped the DUI.

Oct 26, 2021 Case: 21-CT-029026 Judge Silverman
The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and thick tongued speech. She also appeared confused, used the car door for support, and admitted to having drank 4 drinks. She refused to perform roadside tests and was arrested for DUI. She later refused the breath test.
Many observations such as the defendant's speech and balance issues were contradicted by the officer's body worn camera.
The State dropped the DUI.
Oct 26, 2021 Case: 21-CT-030055 Judge Silverman
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the center console and the defendant admitted to drinking. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test.
Based on the evidence, there was a lack of probable cause to arrest the defendant.
The State dropped the DUI.
Oct 25, 2021 Case: 21-CT-009397 Judge Panse
A gas station employee called 911 stating that the defendant appeared intoxicated and was stumbling around. She also stated that he fell to the ground. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and he staggered as he walked. The defendant also had bloodshot eyes and stated he had drank 2 beers. The defendant refused to perform roadside tests and was arrested for DUI. He later blew a.137 and a .137 in the breath machine. This was the defendant's Second DUI.
Under Florida Statute 901.15, officers must observe every element of the crime. In a DUI, they must first observe the defendant to be either driving or in actual physical control. If they do not, the arrest is unlawful under 901.15. The only exception is if there is a crash, which here there was not. When officers arrived in this case, the defendant was standing outside his car. The firm filed a motion to suppress for an unlawful arrest. Just prior the motion hearing, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Oct 13, 2021 Case: 21-CT-009111 Judge Zuckerman
The defendant was found passed out in her car slumped over. The car was running and stopped in the middle of a parking lot blocking other cars. Upon awakening her, she was incoherent, had glassy eyes, and her speech was slow and mumbled. She stumbled and had to catch her balance. Believing she was impaired by drugs, she was asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused a urine test. This was the defendant's Second DUI.
The firm filed a motion for statement of particulars. This was filed to find out the State's theory of prosecution, as to what drug they were trying to prove was impairing her. In order to prove DUI under Florida Statute 316.193, a defendant must be impaired by alcohol, and/or a specific chemical and/or controlled substance. Here the State could not prove by what specific substance was impairing the defendant.
The State Dismissed the defendant's Second DUI.
Oct 12, 2021 Case: 21-CT-001004 Judge Woodard
The defendant crashed her car into bushes and a tree on a median. When officers arrived, they observed an odor of alcohol, red/glossy eyes, and she admitted to having drank whiskey. She appeared off balance and stumbled around. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .172 and a .169 in the breath machine.
Prior to any trial, the firm brought issues up to the State about the severity of the crash and how it could make her look impaired versus alcohol.
The State dropped the DUI.
Oct 12, 2021 Case: 21-CT-000890 Judge Conrad
The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant was 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.
An officer is required to advise a defendant of adverse consequences if they refuse roadside tests. In this case, that didn't happen, so the refusal to perform the roadside tests would have been excluded from evidence.
The State Dropped the defendant's Third DUI.
Oct 12, 2021 Case: 20-CT-013231 Judge Conrad
The defendant was accused of running a red light and causing a traffic crash. Officers observed the defendant to have an odor of alcohol, glassy eyes, slurred speech, and he was unsteady. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .232 in the breath machine.
The defense was able to show that the defendant was not the driver at the time of the crash. It was his brother who was driving the car. Due to the reasonable doubt created, and the State not being able to prove who was the driver, the State Dismissed the DUI.
The State Dismissed the DUI.
Oct 7, 2021 Case: 21-CT-000126 Judge Ritenour
The defendant was found passed out in his car at an intersection. Upon awakening him, officers observed an odor of alcohol and red/watery eyes. He was then asked to perform various field sobriety tests. He was then arrested for DUI and later blew a .139 and a .134 in the breath machine.
Without evidence of impairment, such as slurred speech or balance issues, there was no reasonable suspicion of a crime (i.e. DUI) justifying the request for roadside tests.
The State dropped the DUI.
Oct 7, 2021 Case: 21-CT-001608 Judge Farr
The defendant was stopped for weaving within his lane multiple times. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to having drank two 24 ounce beers and appeared unsteady. After performing field sobriety tests he was arrested for DUI. He later refused the breath test.
Upon viewing the video, the firm brought it to the State's attention that there was no probable cause to arrest the defendant based on his performance on the roadside tests.
The State dropped the DUI.
Oct 7, 2021 Case: 21-CT-002584 Judge Farr
The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy/watery eyes, and a flushed face. He also had slurred speech and he admitted to having drank two drinks. After performing roadside tests, he was arrested for DUI. He later blew a .183 and a .171 in the breath machine.
Prior to any trial date, the firm was able to point out many inconsistencies with the discovery to the State.
The State dropped the DUI.
Oct 5, 2021 Case: 21-CT-001915 Judge Gutman
The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have red/glassy eyes, a drowsy appearance, and slow movements. Believing that she was impaired by drugs and not alcohol, she was asked to perform roadside tests. She performed poorly and was arrested for DUI She later refused a urine test.
Under the Florida DUI statute 316.193, to prove DUI, the State must prove that the defendant was impaired by either alcohol and/or a specific chemical and/or controlled substance. Here, the State could not prove by what specific substances were impairing her.
The DUI was dismissed.
Oct 5, 2021 Case: 20-CM-004088 Judge Gutman
The defendant's boat was boarded by HCSO for a safety inspection, as well as an improper display of the registration on the boat. Upon contact, the officer observed and odor of alcohol, bloodshot eyes, and slurred speech. He then performed roadsides on the boat such as the palm pat and hand coordination exercises. He was then arrested for Boating under the influence (BUI) and he later blew a .128 and a .117 in the breath machine.
According to the police reports, there were body worn cameras worn by Florida Fish and Wildlife Police officers who were on scene along with the Sheriff's officer. Those videos were not turned over by the police department to the prosecutor.
The State Dropped the Boating Under the Influence.
Oct 4, 2021 Case: 21-CT-007995 Judge Zuckerman
The defendant was stopped for swerving in his lane and his tires hit the lane dividers several times. The officer noticed an odor of alcohol, slurred speech, and red eyes. He also stated he had consumed one drink. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Due to vagueness written in the specifics of the driving pattern, issues were raised as to the lawfulness of the traffic stop.
The State dropped the DUI.
Oct 4, 2021 Case: 21-CT-007533 Judge Zuckerman
The defendant was stopped after a call went out about the defendant hitting a construction sign. The officer found the defendant's car and noticed it weaving and speeding. Upon stopping the defendant, the officer noticed an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant swayed while sitting in her seat. She then performed various field sobriety tests and was arrested for DUI. She later refused the breath test.
Prior to trial, the firm brought many inconsistencies in the discovery to the State's attention such as conflicts between the video and the police reports.
The State dropped the DUI.
Oct 1, 2021 Case: 2021-306177MMDB Judge Feigenbaum
The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, watery eyes, and droopy eyelids. The defendant admitted to having drank 3 or 4 beers. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test.
On video, there were about four officers trying to conduct the DUI investigation. One appeared to be training the other and two others had no clue what was going on. For example, during the HGN(eye test), while one officer was administering the test, the other one was taking notes of the observations. However, the one taking notes was off to the side and couldn't even see the defendant's eyes. While giving the instructions on the walk and turn, the officer was reading off a standard instruction sheet of paper which totally confused the defendant. After reviewing the tape, the State Agreed with the firm and Dropped the DUI.
The State dropped the DUI.
Oct 1, 2021 Case: 21-CT-003392 Judge Farr
The defendant was stopped for speeding. The officer detected a strong odor of alcohol, red/watery eyes, and she appeared unsteady. After performing various roadside tests, she was arrested for DUI.
Issues were raised as to a lack of probable cause to arrest the defendant. The State agreed and Dropped the DUI. The defendant received no conviction on her record.
The State dropped the DUI.
Sep 30, 2021 Case: 21-CT-008824 Judge Booras
A concerned citizen dialed 911 stating that the defendant was traveling erratically all over the road. The officer spotted the defendant and conducted a traffic stop. The officer then noticed an odor of alcohol, slurred speech, and he was lethargic in his movements. He then performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test.
Since the officer didn't observe any type of driving pattern, the lawfulness of the stop was called into question.
The State dropped the DUI.
Sep 24, 2021 Case: 21-CT-003572 Judge Conrad
The defendant was stopped for driving without headlights at night. Officers observed an odor of alcohol, slurred speech, and difficulty following instructions.. She appeared unsteady, uncoordinated, and swayed. She performed various roadside tasks such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.
Many of the observations written by the officers were over exaggerated as compared to what can be viewed from the body worn cameras worn by the officers.
The State dropped the DUI.
Sep 23, 2021 Case: 21-CT-026157 Judge T. Brown
A concerned citizen called 911 stating that the defendant was driving recklessly by failing to maintain a single lane. When the officer spotted the defendant, he was drifting between three lanes of travel affecting other traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and he swayed while he stood. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Many observations written by the officer were contradicted by the video tape leading to credibility issues.
The State dropped the DUI.
Sep 23, 2021 Case: 21-CT-022318 Judge T. Brown
The defendant was stopped after driving on the white solid line and cutting across five lanes of travel. Officers noticed the defendant to have an odor of alcohol, dilated/watery eyes, and he had to shuffle around to find his documents. The defendant denied having anything to drink. His speech was mumbled and he was slow in his movements. After performing various roadside tests such as the finger to nose and one leg stand, he was arrested for DUI. He later refused the breath test.
The lawfulness of the stop was called into question as the specifics of the driving pattern were vague and no traffic seemed to be affected.
The State dropped the DUI.
Sep 21, 2021 Case: AEL8FXE Judge Bedinghaus
The defendant was stopped for weaving and drifting in her lane. The officer observed an odor of alcohol, slurred speech, and she fumbled with her documents. She also had a flushed face and watery eyes. After performing various field sobriety tests, she was arrested for DUI. She later refused the breath test.
Due to the lack of specificity written by the officer about the field sobriety tests, there was a lack of probable cause.
The State dropped the DUI.
Sep 21, 2021 Case: 21-CT-005076 Judge Conrad
The defendant was stopped for failure to maintain a single lane. Once stopped, the officer noticed an odor of alcohol, slurred speech, and red eyes. She also swayed while she stood. After performing roadsides, she was arrested for DUI. She later blew a .191 and a .189 in the breath machine.
The legality of the traffic stop was called into question after a review of the video and police reports.
The State dropped the DUI.
Sep 20, 2021 Case: 19-029972MU10A Judge Carpenter-Toye
The defendant was the at fault driver in crash. He made made a wide turn and hit another car. Officers observed an odor of alcohol, slow/slurred speech, and he swayed while he stood. He also had watery eyes and and he would repeat things as he spoke. The defendant refused to perform roadside 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 defendant of adverse consequences before the refusal may be admitted into evidence. In this case, the firm filed a motion to exclude the refusal because the officer did not follow the law. The Judge granted the motion and the State Dropped the DUI.
The State dropped the DUI.
Sep 17, 2021 Case: 20-010874MU10A Judge Levy
The defendant was the at fault driver in a crash. He made an improper turn and failed to yield the right of way. The officer observed the defendant to have an odor of alcohol, slurred speech, and he had no idea what had happened. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Under Florida law, one can only be asked for a breath test after being arrested for DUI. Here, the officer improperly asked the defendant for a breath test prior to arrest. The firm also filed pretrial motions to exclude statements that were taken in violation of Miranda and also a motion to exclude the refusal to perform roadsides. The firm took pretrial depositions of the witnesses in which there were many inconsistent statements made by the officers. The State Dropped the Defendant's Second DUI.
The State dropped the DUI.
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.
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