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DUI Wins

Our Recent Victories

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.
Mar 30, 2021 Case: 20-CT-047339 Judge Friedland
The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, slurred speech, and a flushed face. His dexterity was clumsy, he exited the car slow, and appeared unsteady. After performing various field sobriety tests such and the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test.
The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, slurred speech, and a flushed face. His dexterity was clumsy, he exited the car slow, and appeared unsteady. After performing various field sobriety tests such and the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test.
The State dropped the DUI.
Mar 25, 2021 Case: 19-012366MU10A Judge Lerner-Wren
The defendant was stopped for improper backing. The officer observed an odor of alcohol, bloodshot eyes, and he stated that he had consumed two drinks. The officer also noticed the defendant to sway. He refused to perform any field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
There were many conflicts between the video and the police reports. We pointed out that there was also a lack of probable cause to arrest the defendant.
The State Dropped the Defendant's Second DUI.
Mar 24, 2021 Case: 20-CT-OOO483 Judge Horton
Citizens called 911 stating that the defendant was driving all over the road and almost striking other cars. Officers then conducted a traffic stop. They observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He was unsteady exiting the car and also while standing. After performing poorly on the roadside tests, he was arrested for DUI. He later refused the breath test.
There was no video of the DUI investigation, only audio. Many observations alleged in the reports were contradicted by the audio of the investigation.
The State dropped the DUI.
Mar 24, 2021 Case: 20-CT-011256 Judge Gutman
The defendant was stopped after she almost hit a police car. The officer observed an odor of alcohol, severely slurred speech, and she seemed disoriented. She was arrested for DUI after performing poorly on roadside tests. She later blew a .159 and a .146 in the breath machine.
During pretrial discovery, the defense uncovered that the arresting officer had some internal affairs issues. This called into question his credibility.
The State dropped the DUI.
Mar 24, 2021 Case: 19-CT-014406 Judge Gutman
The defendant was stopped for serving and driving too slowly on the highway. Upon being stopped, officers noticed the defendant had an odor of marijuana, bloodshot eyes, and his speech was low and slow. He then performed field sobriety tests and was arrested for DUI. He later gave a urine sample which revealed marijuana.
Based on the the defendant's video, the firm was able to show that there was a lack of probable cause to arrest the Defendant.
The State dropped the DUI.
Mar 19, 2021 Case: 20-007055CF10A Judge Usan
The defendant was approached by police after he was observed revving his engine multiple times in a McDonalds's parking lot. When officers first approached, they noticed a large Vodka bottle in drivers side of the car and it was half filled. They noticed the defendant to have an odor of alcohol, red/bloodshot eyes, and he seemed confused as to his location. Once out of the car, he stumbled backwards and had to stabilize himself to keep from falling. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. He was charged with Felony DUI as this was his Fifth (5th) DUI.
Parks & Braxton took pretrial depositions of all the officers at the scene. As each officer came in and gave sworn testimony, they all not only contradicted themselves upon our questioning, but also their police reports. The State then Dropped the defendant's Fifth (5th) DUI.
The State dropped the DUI.
Mar 18, 2021 Case: ACEV6GE Judge Hessinger
The defendant was found sleeping in her car. A caller had stated that an individual was sleeping in her car on the side of the road in their neighborhood. When police awoke the defendant, they observed an odor of alcohol, watery eyes, and mumbled speech. She swayed, stumbled, and was unsteady. She failed the roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's second DUI and third arrest for DUI.
The defendant was simply sitting in her car sleeping. She was not in actual physical control of the motor vehicle as she had no capability of operating the car.
The State Dropped her Second DUI.
Mar 18, 2021 Case: 20-CT-041975 Judge Friedland
The defendant was stopped for driving northbound in the southbound lane. The defendant had an odor of alcohol, red eyes, and he admitted to having drank beer. He also had slurred speech and swayed while he stood. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .131 and a .129 in the breath machine.
The defendant's video of his roadside tests clearly showed that he may be been absorbing alcohol and under the legal limit at the time of driving.
The State dropped the DUI.
Mar 17, 2021 Case: 19-011338MU10A Judge Carpenter-Toye

The defendant was stopped for speeding. The officer observed an odor of alcohol, a flushed face, and bloodshot eyes. The defendant then performed various field sobriety tests whereby the officer stated that he failed each exercise. He was subsequently arrested for DUI. He later refused the breath test.

After obtaining the evidence, it was clear that the video was a complete contradiction to the officer's testimony. Both the one leg stand as well as the walk and turn test differed exponentially from what the officer stated. After announcing ready for trial, the prosecutor agreed to drop the DUI.
The State dropped the DUI.
Mar 15, 2021 Case: 20-CT-002964 Judge Gutman
The defendant was stopped for speeding, weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He also admitted to having drank vodka. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .161 and a .151 in the breath machine.
Prior to obtaining the defendant's breath results of .161 and .151, the defendant had blown in the machine at least four other times. The breath readings were showing up as volume not met (not sufficient samples) and also outside of the .02 margin of error. This was all documented on the machine printouts. The firm point this out to the the State that the machine could have been erroneously reading the defendant's breath alcohol level.
The State dropped the DUI.
Mar 15, 2021 Case: 20-CT-3844 Judge Conrad
The defendant was the at fault driver in a head on crash. The defendant was transported to the hospital prior to the police arriving on scene. When officers arrived at the hospital, they noticed an an odor of alcohol coming from the defendant. She was later charged with DUI.
There was no probable cause to charge the defendant with DUI baaed on odor being the only DUI observation.
The State dropped the DUI.
Mar 12, 2021 Case: 20-CT-013703 Judge Panse
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, very slurred speech, and red/glassy eyes. He had a red face and droopy eyes. He refused to perform field sobriety tests and was arrested for DUI. He later blew a. 132 and a .120 in the breath machine.
Based on all evidence, there was a lack of probable cause to arrest the defendant. Thus, the breath test would have been suppressed.

The State dropped the DUI.

Mar 10, 2021 Case: 19-CT-001908 Judge Crown
The defendant was stopped by police after hotel staff called 911 at the resort where they were staying. The caller stated that the defendant and his girlfriend were causing a disturbance at the pool due to alcohol intoxication and were throwing them out. The officer, prior to stopping the defendant, also observed no working taillights on the car. The officer observed an odor of alcohol, slurred speech, and he was profusely sweating. He also had glassy eyes and stated he should have been at home sleeping. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI arrest.
Parks & Braxton took a pretrial deposition of the arresting officer. At the depo, we were able to gain testimony from the officer that contradicted his reports. In addition, after the depo it was clear the officer did not advise the defendant of any adverse consequences when he refused to perform roadside tests, as required by law.
The State dropped the DUI.
Mar 10, 2021 Case: 19-CM-012583 Judge Jeske
The defendant was stopped for speeding. The officer observed an odor of alcohol, watery/bloodshot eyes, and droopy eyelids. He had dilated pupils and admitted to having consumed 2 to 3 beers. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test. He was also charged with resisting an officer without violence for attempting to knock the officer down.
The firm pointed out to the State that any mishaps on the roadside tests were not due to impairment by alcohol, but rather the aggressive nature of the officer. The State Dropped the DUI and the resisting charge was Dismissed.
The State dropped the DUI.
Mar 5, 2021 Case: 20-CT-011093 Judge Bonavita
A citizen called 911 that the defendant was driving erratically in a parking lot and appeared intoxicated. Officers spotted the defendant's car and followed him until conducting a traffic stop. They observed an odor of alcohol, slurred speech, red eyes, and he appeared off balance. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
The officers followed the defendant for a long time. There was no erratic driving pattern observed by the officers. The lawfulness of the traffic stop was called into question as there was no corroboration. In addition, the officer did not advise the defendant of any adverse consequences when he refused to perform the field sobriety tests. Also, all the observations alleged in the police report were contradicted by the video.
The State Dropped the defendant's Third DUI.
Mar 5, 2021 Case: AD0B71E Judge Szematowicz
A caller dialed 911 that the defendant's car lights were off and she appeared drunk. Officers spotted the defendant and stopped her after she proceeded through an intersection. They observed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a flushed face and appeared unsteady. After refusing to perform the field sobriety tests, she was arrested for DUI. She later refused the breath test.
The caller on 911 stated only a conclusory statement that the defendant appeared drunk with no other supporting facts. When there is a only a conclusory statement about the defendant being drunk, the officers must observe some type of erratic driving pattern. The lawfulness of the stop was called into question.
The State dropped the DUI.
Mar 4, 2021 Case: 20-CT-006699 Judge Farr
The defendant was found passed out in a Home Depot parking lot with his head against the horn causing it to go off. Upon awakening the defendant, officers observed the defendant to have an odor of alcohol, slurred speech, and red eyes. He also had lethargic movements. After performing the field sobriety tests, he was arrested for DUI. He later blew .202 and .193 in the breath machine.
There was no reasonable suspicion to believe the defendant was sick, injured or impaired justifying ordering him out of his car. He could have just as easily been sleeping. The DUI observations weren't made until after they got him out of the car. Thus, the initial search and seizure was unlawful.
The State dropped the DUI.
Mar 3, 2021 Case: 20-CT-004138 Judge Jeske
The defendant was the at fault driver in a rear end crash. The officers observed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and he appeared unsteady. The defendant exhibited an orbital sway and was yelling at the officers. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
After performing the walk and turn, the defendant started to perform the one leg stand then refused. He was immediately arrested without being given any adverse consequences. Thus, his refusal to perform the rest of the roadsides would have been excluded from evidence.
The State dropped the DUI.
Mar 1, 2021 Case: 20-CF-011269 Judge Kiser
The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. He had trouble fining his documents and had a slight slur to his speech. He then performed various field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. In a search incident to arrest, the officer found a controlled substance, Alprazolam, which was not prescribed to the defendant. He was also charged with felony possession along with the DUI.
Parks & Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on all the evidence. The State Dropped the DUI and also we were able to get the felony Dismissed.
The State dropped the DUI.
Feb 25, 2021 Case: ACEV1YE Judge Komninos
The defendant was stopped for weaving and almost hitting other vehicles. The officer observed an odor of alcohol, bloodshot eyes. and slurred /slow speech. He appeared disoriented and was sweating. The defendant performed various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Many of the observations written by the officer were contradicted by the video tape.
The State dropped the DUI.
Feb 25, 2021 Case: 20-CT-012371 Judge Farr
The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, slurred speech, and red/glassy eyes. He also exhibited unstable balance. He then performed field sobriety tests and was arrested for DUI. He later refused the breath test.
Parks and Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on the video tape evidence
The State dropped the DUI.
Feb 24, 2021 Case: 20-CT-007529 Judge Mcneil
The defendant was stopped in the roadway with fresh damage to her car and only one working taillight. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She had difficulty with her balance and admitted to having drank beer and vodka. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .183 and a .177 in the breath machine.
An initial call for service went out over dispatch about the defendant's driving prior to her being stopped. There was no corroboration of any driving pattern by the officer. Thus, the lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Feb 24, 2021 Case: 20-CT-007451 Judge Weis
The defendant was the at fault driver in a crash. He struck a golf cart while driving erratically. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had some balance issues as well. He refused to perform field sobriety tests and was arrested for DUI. He later blew a .108 and a .105 in the breath machine.
There was doubt as to whether the defendant's breath alcohol level was above the legal limit at the time of the crash since it was administered hours later. It was unknown if he was absorbing or eliminating alcohol due to the time frame. Also, many written observations in the reports were also contradicted by the video.
The State dropped the DUI.
Feb 18, 2021 Case: 20-CT-500966 Judge Gagliardi
The defendant was stopped by police at a DUI roadblock checkpoint. Officers observed the defendant to have an odor of alcohol, glassy/watery eyes, and slurred speech. He then started to perform the roadside tests but did not continue to perform them. He was then arrested for DUI and later refused the breath test.
Under Florida law, there must be a specific set for written guidelines for each individual roadblock. Here, they were somewhat vague as to specifics and did not meet with Florida Supreme court standards.
The State dropped the DUI.
Feb 16, 2021 Case: 20-MM-001747 Judge J. Steele
The defendant was stopped on his boat for speeding and for a safety inspection. Officers noticed the defendant to have an odor of alcohol, slurred speech, and sluggish movements. He then performed various field sobriety tests such as the palm pat and finger to nose. He was then arrested for boating under the influence and later blew a .146 and a .142 in the breath machine.
The firm pointed out that there were issues with the breathalyzer machine. Right before he blew there was a failure readout in the machine. Thus the results could not be trusted
The State Dropped the BUI.
Feb 9, 2021 Case: 20-CT-000067 Judge Gutman
The defendant was the at fault driver in a crash whereby he ran a stop sign and caused a crash with another car. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank one glass of wine. After performing roadside tests, he was arrested for DUI. He later blew a .090 and a .089 in the breath machine.
The firm pointed out to the State that the defendant had brake issues which caused the car not to stop. Also, we pointed out there is a .02 margin of error in the breath machine. Thus, we were were able to place his breath test results under the legal limit.
The State dropped the DUI.
Feb 9, 2021 Case: 19-CT-017699 Judge Gutman
The defendant was found passed out in his car by police in the middle of the night behind a closed business. Upon awakening the defendant, the officers observed an odor of alcohol, slurred speech, and glossy eyes. He admitted to having drank alcohol at a club. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .216 and a .214 in the breath machine.
Prior to trial, the frim filed a motion to suppress the lawfulness of the initial detention. In our motion we put forth there was no reasonable suspicion of a crime justifying ordering the defendant out of the car as he was simply sleeping. Also, there were many contradictions in the officers' reports. One officer stated that the defendant was found sleeping while another stated he saw the defendant getting in and out of his car as well as driving around the parking. lot. Their credibility was now called into question. The State Dropped the DUI prior any motion hearing.
The State dropped the DUI.
Feb 9, 2021 Case: AB0B20E Judge Bedinghaus
The defendant was stopped for speeding. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed the field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test.
The firm pointed out that the defendant had trouble with roadside tests because he had an injured leg. One could actually see the defendant limping around on the video tape.
The State dropped the DUI.
Feb 9, 2021 Case: 19-CT-003805 Judge Conrad
The defendant was the at fault driver in a crash. Officers observed an odor of alcohol, slurred speech, and blood shot eyes. He was confused about his location and admitted to having 4 shots of alcohol. He was taken to the hospital for injuries and later charged with DUI. He refused to provide a blood sample.
The firm pointed out that some of the injuries that the defendant sustained could have as equally been attributable to any impairment from the crash versus alcohol.
The State dropped the DUI.
Feb 3, 2021 Case: 20-CT-045024 Judge Babb
The defendant was stopped at a red light. When the light turned green, she did not move for several seconds. The officer then initiated a traffic stop. He observed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .179 and a .177 in the breath machine.
Although the defendant did not drive immediately, there was no infraction since no traffic was affected. In today's day and age with technology, one could have been looking at their cell phone or radio etc. The lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Feb 2, 2021 Case: 20-CT-010050 Judge Conrad
The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He then performed numerous roadside tests on tape. He was then arrested for DUI and later refused the breath test.
The firm pointed out that any impairment could have just as easily been caused by the defendant's very high blood sugar taken by EMS at the scene versus alcohol.
The State dropped the DUI.
Feb 2, 2021 Case: 20-CT-009386 Judge Conrad
The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and he admitted to having drank beer and smoked marijuana. There were several empty beer cans in the car. After performing roadside tests, he was arrested for DUI. He later blew a .20 and a .182 in the breath machine.
Many observations written by the officer were contradicted by the video tape.
The State dropped the DUI.
Feb 2, 2021 Case: 19-016495MU10A Judge Gottlieb
He had a flushed face and appeared very sleepy. As the investigation went on, officers believed that the defendant was impaired by drugs, and not alcohol. He then performed field sobriety tests and was arrested for DUI. He later provided a urine sample which tested positive for marijuana.
The firm took pretrial depositions of the officers. After lengthy questioning, we were able to establish that there was no "reasonable cause" pursuant to the DUI Statute for the officers to have even requested urine to begin with. Due to the fact the State could lose the urine test, they Dropped the DUI.
The State dropped the DUI.
Jan 29, 2021 Case: 19-005269MU10A Judge Gottlieb
The defendant was stopped for failing to stop at a stop sign. Officers observed an overwhelming odor of alcohol. He was lethargic in his actions, slow to respond, and had bloodshot eyes. The defendant admitted to having drank jack and coke, was unsteady, and also exhibited slurred speech. The defendant was arrested for DUI after performing the field sobriety tests. He later blew a .087 and a .085 in the breath machine.
Parks & Braxton took a pre trial deposition of the arresting officer. We were able to establish many inconsistencies in his testimony versus his reports. Also, the firm was able to place the defendant's breath alcohol level under the legal limit by pointing out the .02 margin of error in the breath machine.
The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-009793 Judge Moses-Stephens
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He also appeared very nervous. After performing the field sobriety tests, he was arrested for DUI. He later blew a .089 and a .087 in the breath machine.
The firm was able to place the defendant's breath alcohol levels under the legal limit due to the .02 margin of error in the breath machine. The State Dropped the DUI.
The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-501557 Judge Swett
The defendant was involved in a crash whereby by she had hit numerous mailboxes and left the scene of the accidents. When officers located her, she appeared impaired. There was no odor of alcohol, however, officers noticed her to be confused, her eyes were watery and glassy, and her speech was mush mouthed and slurred. She was also very slow in her responses and gave incomplete answers to questions. She performed very poorly on roadside tests an was arrested for DUI and leaving the scene of an accident. She later provided a urine sample which was sent to FDLE and was positive for marijuana.
After her arrest, another officer conducted a DRE (drug recognition exam) to determine what class of drugs may be impairing her. The officer did not conclude that she was impaired by marijuana, but CNS Depressants. The firm pointed out that he was wrong and we called his credibility into question. The State Dropped the DUI and she received no conviction on the leaving the scene of an accident.
The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-502723 Judge Swett
The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, bloodshot eyes, and mumbled speech. He also had to brace himself for balance. He then performed various field sobriety tests, such as the walk and turn and finger to nose. He was then arrested for DUI.
Prior to trial, the firm pointed out to the State that the defendant's balance issues had to do with his age and medical issues.
The State dropped the DUI.
Jan 26, 2021 Case: 20-CT-010051 Judge Jeske
The defendant was stopped for swerving and stopping in the middle of an intersection. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
During pre trial discovery, Parks & Braxton uncovered that the the arresting officer had been suspended after an internal affairs investigation. His credibility was now called into question and the State Dropped the DUI.
The State dropped the DUI.
Jan 21, 2021 Case: 19-CT-025253 Judge T. Brown
Officers responded to a call about a reckless driver who had been driving up on curbs and switching lanes erratically. Officers found the defendant in a parking lot with his eyes closed in the driver's seat. Upon awakening him, they noticed an odor of alcohol, he appeared sluggish, and he had mumbled speech. He moved slowly and also swayed. After performing poorly on roadside tests, he was arrested for DUI. Officers concluded based on their observations, that he was impaired not only by alcohol, but drugs so they requested a urine test. That test later came back from FDLE positive for marijuana. This was the defendant's Second DUI.
Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that under the DUI statute there was no "reasonable cause" to believe that the defendant was under the influence of a chemical and/or controlled substance. In other words, they had no right to even request a urine test. The State conceded prior to any motion hearing and Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 20, 2021 Case: 19-CT-020308 Judge Gutman
The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Parks & Braxton pointed out that there was a lack of probable cause to arrest the Defendant.
The State dropped the DUI.
Jan 20, 2021 Case: 20-CT-007970 Judge Gutman
The defendant was stopped for driving with no illuminated lights on after dark. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant struggled in finding his documents. He then performed roadside tasks such as the walk and turn and one leg stand. He was then arrested for DUI and later blew a .137 and a .135 in the breath machine.
The firm pointed out that many observations written by the officer were contradicted by the video.
The State dropped the DUI.
Jan 20, 2021 Case: 20-CT-005804 Judge Gutman
The defendant was stopped for driving on a flat tire. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He admitted to having drank beer. After performing field sobriety tests, he was arrested for DUI. He later blew a .129 and a .129 in the breath machine.
The officer stated he had stopped the defendant to conduct a welfare check. The lawfulness of the stop was called into question as there was no danger to person or property. In addition, there was no probable cause to believe a traffic infraction had been committed by simply driving on a flat tire.
The State dropped the DUI.
Jan 13, 2021 Case: 20-CT-041524 Judge Ingram
The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, glassy eyes, mumbled speech, and a flushed face. According to the officer, he fumbled with his wallet and provided the wrong documents. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Parks & Braxton was able to establish that there was a lack of probable cause to arrest the defendant based on his performance on the roadside tests. Also, many observations written by the officer were contradicted by the video tape.
The State dropped the DUI.
Jan 13, 2021 Case: 20-CT-033349 Judge Ingram
The defendant was stopped for having an inoperable tag light. The defendant had an odor of alcohol, bloodshot eyes, and fumbled with her documents. She stated she had drank two alcoholic beverages, swayed while she stood, and had changing emotions. After performing field sobriety tests, she was arrested for DUI. She later blew a .205 and a .204 in the breath machine.
The firm pointed out that the video tape of the defendant showed that her blood alcohol level may have been lower at the time of driving via the theory of absorption and elimination of alcohol.
The State dropped the DUI.
Jan 12, 2021 Case: 20-CT-002296 Judge Healis
A civilian called 911 stating that the defendant was driving all over the road and almost caused a head on collision. Deputies arrived and detained the defendant. They observed an odor of alcohol, slurred speech, and she was so unsteady that she almost fell over. The defendant was asked to perform roadside tests and she refused. She was then arrested for DUI and later refused the breath test.
When officers arrived on scene, the defendant was parking her car at her house. She was immediately placed in handcuffs prior to the DUI officer even arriving. The firm pointed out to the state that at that point there was no probable cause to cuff her. We explained to the State that it was an illegal defacto arrest as she did not have a weapon nor was she trying to flee. Also, the DUI officer never advised the defendant of any adverse consequences when she refused to perform field sobriety tests as required by law. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jan 8, 2021 Case: 19-CT-016323 Judge Farr
The defendant was stopped for weaving and driving too fast and then slow. She also almost hit a curb. The officers observed an odor of alcohol, slurred speech, and red eyes. Her movements were lethargic as well. She performed poorly on the roadside tests and was arrested for DUI. This was the defendant's Second DUI. The firm also represented her on her first DUI and got that DUI Dropped.
The video contradicted many of the written observations. The firm also beat her first DUI as well.
The State dropped the DUI.
Jan 8, 2021 Case: 19-016484MU10A Judge Solomon
The the defendant was the at fault driver in a crash whereby she hit traffic control devices. When officers arrived, they observed an odor of alcohol, slurred speech, and bloodshot eyes. She was crying and admitted to having drank whiskey. After performing poorly on roadside tests, she was arrested for DUI. She later refused the breath test.
Parks & Braxton took pretrial depositions in the case. After taking sworn testimony, the firm filed a motion to suppress for an unlawful arrest. Prior to any motion hearing, the State conceded and Dropped the DUI.
The State dropped the DUI.
Dec 15, 2020 Case: 19-CT-018362 Judge Farr
The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and he appeared unsteady. His pupils were dilated and he denied drinking. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
The description on the defendant's roadsides were vague. Thus, the firm pointed out to the State that there was lack of probable cause to make the arrest.
The State dropped the DUI.
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