Also serving Volusia County (Daytona)
Call 24/7 Nights, Weekends & Holidays Free Consultations
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
The defendant was driving a chartered bus for a high school grad night celebration. During the ride, the defendant was swerving all over the road. Many of the children contacted their parents regarding the defendant's dangerous operation of the bus. Eventually, a parent drove their vehicle in front of the bus forcing my client to stop. The police came on scene to conduct an investigation. The police located a Yeti cup sitting next to the defendant containing alcohol. The defendant had an empty can of Bahama Breeze in the garbage next to his seat. The police recovered a video showing the defendant purchasing alcohol just prior to the incident. The vehicle also showed that the defendant was extremely unsteady on his feet. Prior to the administration of the roadside test the officers observed extremely slurred speech, a strong odor of alcohol, as well as bloodshot eyes. The defendant performed poorly on all testing and was arrested for DUI. The defendant was charged with 31 counts of felony child neglect, culpable negligence, as well as DUI. The case made national news.
In negotiations with the prosecutor, we pointed out that the airbags had hit the defendant during the crash. Thus, any impairment such as his slurred speech and/or unsteadiness, could have been as equally due from the severity of the crash versus alcohol. The State Dropped his Felony DUI.
On tape, the defendants can be heard telling the officers, " I was doing what you all want me to do." What he meant was, he was doing the right thing by not driving and going to sleep it off. Although that is not a legal defense, it was brought up in mitigation conversations with the prosecutor. After negotiations, the State Dropped the DUI.
Florida law requires the police to arrest an individual prior to a request for a breath test. In addition, the law requires the police to provide the defendant with adverse consequences upon refusal of any field sobriety tests. Neither were done, and Parks & Braxton filed a motion to exclude the refusal of the breath test as well as the field sobriety tests. The prosecutor conceded the motions and dropped the DUI.
On video, the defendant stated over and over that she had worked many hours and she was just tired, not drunk. On tape, her speech was normal and she was not off balance in any way. She appeared very coherent once getting her bearings after being woken up. After negotiations with the State, they Dropped the DUI.
The defendant was stopped for running a red light and failing to maintain a single lane. Officers noticed an odor of alcohol, heavily slurred speech, and bloodshot/watery eyes. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .196 and .188 in the breath machine.
The defendant was stopped for improper passing and driving into oncoming traffic. Officers noticed an odor of alcohol, slurred speech, he staggered and had bloodshot eyes. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI arrest.
After conversations with the State, although not a legal defense, the defendant was doing the right thing by pulling over and not driving anymore.
An odor of alcohol alone, without more, especially no driving pattern, is not enough to allow an officer to lawfully request field sobriety tests. After conversations with the prosecutor, the State Dropped the DUI.
First, on tape, he had no sway to his stance and his speech was normal. The backing up into the patrol car was literally a tap and there was no damage. However, it became a five-alarm fire with over ten cops involved. The defendant was asked numerous times to do the field sobriety tests and still refused. He even reiterated to the cop "these are voluntary right?" The firm announced ready for trial. Just before trial, the State Dropped the DUI.
A caller dialed 911 stating that the defendant was passed out in his car in a parking lot. When officers arrived, the defendant was pulling out the parking lot. Officers stopped him and observed an odor of alcohol, bloodshot/glassy eyes, and he denied drinking any alcohol. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The defendant was stopped for weaving all over the road and speeding. Officers noticed an odor of alcohol, water eyes, and slurred speech. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was found by police after his car had crashed into an embankment and got stuck in a ditch. The officers noticed an odor of alcohol, urine on his pants, bloodshot eyes, and he stated that he had consumed three beers. Due to his age and physical limitations, the defendant performed various nonphysical roadside tasks, such as the HGN (eye test), palm pat, finger to nose, and hand coordination task. After performing them, he was arrested for DUI.
The defendant was stopped for running a stop sign, swerving, and speeding. Officers noticed an odor of alcohol, slurred speech, slow/lethargic movements, and she fumbled with her wallet. The defendant performed the HGN (eye test), walk and turn and one leg stand exercises. She was arrested for DUI and later refused a breath test.
The defendant was stopped for driving eastbound in the westbound lane. Officers noticed an odor of alcohol, a dazed/blank expression, and slurred speech. The defendant performed poorly on the HGN (eye test), walk and turn and one leg stand exercises. He was subsequently arrested for DUI.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the Second DUI.
The defendant was stopped for swerving. Officers observed an odor of alcohol, bloodshot eyes, slurred speech. The defendant admitted she shouldn't have driven. She performed the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later refused a breath test. This was her Second DUI.
The defendant was stopped for weaving and fluctuating his speed. Officers noticed an odor of alcohol, slurred speech, and alcohol was seen in the center console. He was unable to maintain his balance and had to lean on the vehicle. The defendant performed very poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .247 and .237 in the breath machine.
The defendant was having a diabetic episode. EMS came out and his blood sugar was almost three times the normal limit. In discussions with the prosecutor, we put forth that the bodily chemical actions taking place during this diabetic episode can cause an elevated breath alcohol reading. After negotiations, the State Dropped the Second DUI.
In pretrial negotiations with the prosecutor, it was apparent on tape that the officers were pissed at him for not moving over. All the reports over exaggerated his level of impairment as compared to the videos.
The defendant was stopped for having an inoperable front light. The defendant had an odor of alcohol, glassy/watery eyes, and he used abusive language towards the officers. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI arrest.
The defendant was stopped for driving westbound in the eastbound lane of travel. Officers noticed an odor of alcohol, watery eyes, unsteadiness, nearly falling over, and slurred speech. He performed the field sobriety tests which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. The defendant was arrested for DUI and later refused a breath test.
The defendant was stopped for driving with no lights. Officers noticed an odor of alcohol, incoherent/mumbled speech, glassy eyes, and he was unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .137 and .123 in the breath machine.
Although officers had a dash camera on scene, the defendant was never placed in front of it until he was arrested. We couldn't see him standing, walking around, or the HGN test. When he was finally brought to the camera upon being arrested, he did not appear off balance or unsteady and his speech sounded normal. In fact, he was totally responsive and coherent. After pointing this out, the State Dropped the DUI.
The defendant was stopped for weaving all over the road. He was deviating from his lane from left to right and crossing over the double yellow line. He also drove in the opposite lane of travel. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and he fumbled with his paperwork. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.