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The defendant was involved in a traffic crash. Officers observed an odor of alcohol, mumbled/slurred/stuttered speech, a visible sway, and bloodshot/glassy eyes. He also had a stagger to his walk. The defendant agreed to perform the HGN (eye test) but refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The State dropped the DUI.
The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, and a sway to his stance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
A concerned citizen called 911 stating that the defendant was sitting in his car drinking alcohol. Officers arrived and made contact with the defendant who was sitting in his car. Officers noticed alcohol (beer and whiskey) on the front passenger seat and as well as the front seat cup holder. They observed the defendant to have an odor of alcohol, bloodshot eyes, and he stated that he had drank 4-5 beers. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .133 and .138 in the breath machine.
After negotiations with the State regarding the evidence and the DUI, the State Dropped the DUI.
The defendant was stopped for weaving and having an inoperable taillight. Officers noticed an odor of alcohol, slurred speech, and sluggish movements. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .192 and .187 in the breath machine.
The firm provided the State with the defendant's medical records revealing he had numerous prior injuries which would have caused him to not perform well on the roadside tests. Thus, there was doubt as to whether any impairment was due to his injuries versus alcohol. The State Dropped his Second DUI.
The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy/bloodshot eyes, and the defendant stated that he had consumed three beers. The defendant also swayed while he stood and was slow while he walked. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
The defendant was stopped for driving with no lights after dark. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had a wristband on from a bar. The defendant performed poorly on field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. While being arrested for DUI, he pulled way, defied orders to stop moving his arms and would not allow the officers to place him in the back of patrol car. He was also charged with resisting an officer without violence. He later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
On tape, the defendant was covered in blood on his face and clothes. We pointed out to the State that any impairment such as slurred speech, unsteadiness, and lethargic movements could have just as easily been attributed to the crash versus alcohol. Also, the fact the officer did not administer any nonphysical tests was ridiculous as the defendant was covered in blood. The State agreed and Dropped the DUI.
On tape, the officer had no clue how to position his dash camera so we could fully see all the roadside tests. On the walk and turn and one leg stand, we could not see the defendant's knee down. In addition, on tape, his speech was normal and he was not off balance. The State Dropped the DUI and Dismissed the racing charge.
When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI.
The firm provided medical records to the State showing she had medical conditions which caused her to appear unsteady and have slurred speech. In addition, she was also prescribed the Xanax. After negotiations, the State Dropped the DUI.
The defendant crashed into a car at the complex where he lives and police were called to the scene. They observed an odor of alcohol, glassy/watery eyes, and incoherent/slurred speech. He was unable to stand without assistance. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
On tape, the defendant's speech was not slurred and he was not off balance or unsteady. After negotiations, the State Dropped the DUI.
Since the DUI investigation took place on the side of the highway it was extremely noisy. As a result, it was difficult to hear the defendant's voice on video to determine if it was consistent with the Trooper's observations. In addition, the Trooper failed to capture the interview on video from either the victim in the crash or the independent witness. Counsel subpoenaed the Trooper to come into court and detail the exact conversations that took place with the witnesses and defendant on scene since the video was inaudible. The Trooper testified that he did not have an independent recollection of each conversation, and as a result, the prosecutor was limited in terms of the evidence that was available. Parks & Braxton set the case for jury trial. The DUI was dropped on the morning of trial.
The firm pointed out that with the .02 margin of error in the breath machine, his breath test results could have been under the legal limit. Additionally, we pointed out to the State that the defendant was not in actual physical control because he could not have the "capability" to operate the motor vehicle while sleeping.
The defendant was seen by an officer backing up his Jeep into a parking space with no lights after dark. When the officer approached, he noticed an odor of alcohol, glassy eyes, and slurred speech. He was unsteady and had to lean on the Jeep for balance. The defendant refused to perform any roadside tests, was arrested for DUI and later refused a breath test.
On tape, the defendant did not appear unsteady and his speech was not slurred. There was also no driving pattern. Due to a lack of evidence to establish probable cause, the State Dropped the DUI.
Result:
On tape, the defendant was not off balance or unsteady and her speech was not slurred. Her performance on the roadside tests was much better on tape than as described in the police reports.
After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was stopped for weaving and having an inoperable tag light on this trailer. Officers noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. A large Grey Goose vodka bottle was observed at the defendant's feet and there were multiple kids in the car as well. The defendant agreed to perform various field sobriety tests and was subsequently arrested for DUI. He was also charged with threatening an officer. He stated, amongst many things to the officer, "I'll twist your neck off your pussy ass head." He later blew a .095 in the breath machine. He was charged with Enhanced DUI because of the kids in the car.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI and he received no penalties on the Threat to an Officer charge.
After being placed under arrest, the defendant was taken to the hospital for medical clearance. Counsel ordered a copy of the hospital records which clearly showed that the defendant's glucose levels were out of range. In addition, counsel secured a series of medical records which clearly indicated the volatile nature of the defendant's blood sugar levels. Both high and low blood sugar levels can mimic the effects of alcohol impairment. As a result, counsel announced ready for trial. After listing the medical records as evidence, the prosecutor agreed to drop the DUI. The defendant received no conviction for any charges.
After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The defendant was seen by police following a motorcycle that was driving in an erratic fashion in a Walmart parking lot. The motorcycle fell over and the defendant exited his car to help the motorcycle driver who was the defendant's brother. Officers approached the defendant and noticed an odor of alcohol, bloodshot eyes, and changing emotions. The defendant admitted to having drank Captain Morgan rum. He performed poorly on roadside tests and was arrested for DUI. He later blew a .220 and .214 in the breath machine. The defendant was also charged with resisting arrest.
The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and later refused a breath test.
On video, the defendant's speech was normal, he stood normally with no sway, walked normally, and his performance on the roadside tests was much better on tape than as described in the police reports. We put forth to the State that there was a lack of probable cause to arrest him for DUI. After conversations with the State Dropped the DUI.
The defendant was driving in excess of 100mph in a 45mph zone when he collided with a handful of vehicles including a van that was transporting several children. The injuries included a laceration to the liver, rib fractures, lung contusions and lacerations. The victims were subsequently air lifted to the hospital. The defendant was still seated behind the wheel when the police arrived. The defendant's girlfriend acknowledged that the defendant consumed a Long Island Ice Tea. A search warrant was authorized for the defendant's blood alcohol level. The defendant had a blood alcohol level of .09 several hours after the crash. The defendant was charged with 18 counts of DUI Serious Bodily Injury, DUI Causing Injury/Property Damage as well as Reckless Driving Causing Serious Bodily Injury. The defendant was facing a minimum of 8 years and a maximum of 20 years in Florida State Prison.
The video certainly indicated a level of impairment. However, counsel argued that the impairment could just as likely come from the crash as opposed to alcohol. As a result, counsel announced ready and set the case for trial. On the morning of trial the state dropped the DUI. The client received no conviction anywhere on his record.
The urine and blood tests were taken at the request of medical staff, and not law enforcement. The prosecutors made several attempts to acquire the results of the tests. Each time counsel objected based on HIPPA privacy rights. Eventually, the case was set for trial.
The defendant was stopped after he was observed by police sitting at a green light and not moving for several moments. The officer noticed an odor of alcohol, slurred speech, and watery/glossy eyes. While outside of the car, he was unsteady on his feet. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
The State Dropped the DUI and he received no probation or any penalties other than court costs.
The defendant was found passed out/unconscious at a green light in his running car. Officers awoke the defendant and noticed an odor of alcohol, watery eyes, and slow/lethargic movements. The defendant swayed while he stood and admitted to having drank martinis. He performed poorly on roadside tests and was arrested for DUI. He later refused a breath test.
The defendant was stopped for weaving and hitting a curb causing the tire to go flat. The officer observed an odor of alcohol, glassy eyes, and slurred speech. She had a noticeable sway, admitted to drinking at a nearby bar, and had difficulty providing her documents. She then performed the walk and turn, one leg stand, and HGN (eye test) exercises. She was arrested for DUI and later refused a breath test.
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