Our Recent Victories

Case: 24-CM-003133 Judge Rich

Facts:

The defendant was stopped after he was observed weaving all over the road. Officers noticed an odor of alcohol, red/watery eyes, he fumbled with his documents, and he appeared unsteady. Officer noticed a vegetative like substance on the defendant's person that appeared to be marijuana. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a urine test.

Defense:

Officers believed he was impaired by drugs and not alcohol. Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything.” The cops never sent any of the "vegetative" substances off to the lab for testing.

Result:

The DUI was Dismissed.

Case: 24-CT-044719 Judge Musselman

Facts:

The defendant was stopped for speeding. Officers noticed an odor of alcohol, mumbled speech, and a fixed gaze. She stated she had consumed two beers, swayed while she stood, and she used the car for balance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.

Defense:

After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.

Result:

The State dropped the DUI.

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