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DUI Wins

Our Recent Victories

Dec 6, 2024 Case: AI9MJPE Judge Hessinger

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 firm announced ready for trial. Before the trial date, we pointed out that the defendant was not the at fault driver. In fact, the officers concluded that the other driver ran the intersection and t-boned the defendant. Also, on tape, the defendant's speech was normal and he didn't stagger. Any sway observed on tape could just have been as easily attributed to the defendant being t-boned in a crash versus alcohol impairment. The firm also provided medical records of the defendant, stemming from the crash, to the State showing that the defendant had received injuries to his body and head. The State Dropped the defendant's Second DUI prior to the trial date.
The State dropped the DUI.
Dec 6, 2024 Case: AIQEZGE Judge Komninos
The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and mumbled/incoherent speech. She stumbled, swayed, and appeared clumsy. She also exhibited mood changes going from polite to belligerent to indifferent. She refused to perform field sobriety tests and was arrested for DUI. While in the back seat of the patrol car, she was cursing and kicking the door and the divider between the front seat and back seat. She later refused a beath test.
After conversations with the State regarding the evidence itself and providing mitigating evidence on behalf of the defendant, the State Dropped the DUI.
The State dropped the DUI.
Dec 5, 2024 Case: 24-CT-013300 Judge Rich
The defendant was stopped after he ran multiple stop signs. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had just came from a bar and had drank alcohol. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .162 and .156 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Dec 5, 2024 Case: 24-CT-014232 Judge Farr
The defendant was stopped for running a stop sign. Officers observed an odor of alcohol, slurred speech, tired/lethargic movements, and bloodshot eyes. After performing various field sobriety tests such a HGN (eye test), walk and turn, and the one leg stand, he was arrested for DUI. He later blew a .149 and .132 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Dec 5, 2024 Case: 23-009941MM10A Judge Diaz
Two officers had a car pulled over. The defendant was observed failing to slow down or move out of the way and nearly struck the police. The officers then observed the defendant driving on two flat tires. The defendant was alleged to stumble out of the vehicle. The officers observed slurred speech, bloodshot eyes and a strong odor of alcohol on her breath. The defendant refused to participate in any field sobriety tests, and allegedly stated she was not going to do the exercises because she was drunk. She was arrested for DUI and refused to perform a breath test.
The statement admitting to being drunk was not captured on video. In addition, all of the times on the citations and police reports as well as the refusal affidavit were inconsistent. The officer went out of his way to prevent the defendant from being placed on video, including failing to call for a police unit with a car cam video. Parks & Braxton announced ready for jury trial. The prosecutor dropped the DUI on the morning of trial. The defendant walked away with no conviction for any crime on her record.

The State dropped the DUI.
Nov 22, 2024 Case: 24-CT-012829 Judge Gutman
The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, slurred speech, fumbling fingers, and slow/deliberate movements. He also appeared confused and had a blank/dazed stare. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .113 and .109 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 22, 2024 Case: 24-CT-009411 Judge Gutman
The defendant was the at fault driver in a sideswipe crash. When officers arrived, they noticed very slurred speech, unsteadiness, and she kept making moaning noises. There was no odor of alcohol, but they believed she was impaired by drugs. She performed very poorly on roadside tests and was arrested for DUI. She later refused a urine test.
Under Florida law (i.e. the DUI statute: 316.1 93) to prove DUI, the State must prove one is impaired by either alcohol, a specific controlled and/or a chemical substance. One cannot just be impaired by something like a bad banana. Here, since there was no odor of alcohol, no alcohol found, no mention of drugs, and no urine test, the State could not prove by what was impairing her.
The DUI was dismissed.
Nov 21, 2024 Case: 24-CT-001224 Judge Poblick

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.
The State dropped the DUI.
Nov 20, 2024 Case: 24-CT-011917 Judge Gutman
The defendant was stopped for driving northbound in the southbound lane. Officers noticed an odor of alcohol, red/glassy eyes, and lethargic movements. The defendant performed various field sobriety tests and was arrested for DUI. She later blew a .134 and .133 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 20, 2024 Case: 24-CT-012938 Judge Gutman
The defendant was stopped for speeding. Officers observed an odor of alcohol, watery eyes, and a blank/dazed look. They also noticed confusion, slurred speech, poor balance, and poor coordination. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
The video totally contradicted the police reports. On tape, his speech was not slurred, he was not confused, and had no balance or coordination issues. He performed much better on the field sobriety tests than as described in the reports. After discussions with the State, they Dropped the DUI.
The State dropped the DUI.
Nov 14, 2024 Case: AJF4C4E Judge Komninos

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 State dropped the DUI.
Nov 14, 2024 Case: AITIJEE Judge Komninos
Officers were called to a gas station for a suspicious activity call. Upon arrival, they saw the defendant and his truck with a flat tire on a rim. An independent witness stated that they saw the defendant drive in on the flat. Officers saw gauge marks in the pavement and pieces of the truck were found down the road. Thinking that he had been involved in a crash, officers then yelled at the defendant to stop and talk to them. He didn't hear them and was tackled into the glass door of the gas station breaking the glass door. After tackling him, they noticed an odor of alcohol, unsteadiness, and bloodshot eyes. He refused to perform roadside tests and was arrested for DUI as well as resisting an officer without violence. He later refused a breath test.
It was obvious on tape that the defendant did not hear the officers and he was pummeled for no reason. After being tackled, within seconds they charged him with DUI. On tape, the defendant was not unsteady and his speech was normal. The State Dropped the DUI and the resisting charge was dismissed.
The State dropped the DUI.
Nov 14, 2024 Case: AJF4BPE Judge Komninos
The defendant was stopped for driving into oncoming traffic. Officers noticed an odor of alcohol, watery/glassy eyes, and he staggered and swayed. The defendant stated that he had drank a few beers. He then performed various roadside tests such as the walk and turn, one leg stand, finger to nose, and alphabet. He was arrested for DUI and later blew a .147 and .146 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Nov 14, 2024 Case: AIQEVVE Judge Komninos
The defendant crashed his car into multiple street signs and left the scene. Officers located the defendant and noticed an odor of alcohol, bloodshot eyes, mumbled speech, and he appeared unsteady. He performed poorly on roadside tests and was arrested for DUI and leaving the scene of an accident. He later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI and also dropped the leaving the scene of an accident charge.

The State dropped the DUI.
Nov 14, 2024 Case: AJEUA1E Judge Komninos
The defendant was stopped for stopping over the stop bar, weaving, and having trouble maintaining a steady speed. Officers noticed watery/glassy eyes and slurred speech. When the officer attempted to begin the HGN (eye test), the defendant ran to the front of her car and tried to make herself regurgitate by sticking her finger in her throat. Believing she was impaired by drugs, she then performed the walk and turn, one leg stand, and finger to nose exercises. She also stated that she takes several prescribed medications. She was arrested for DUI and later provided a urine sample which came back positive from FDLE for Klonopin and Oxycodone.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.
Nov 14, 2024 Case: 24-CT-002506 Judge Scott
The defendant was the at fault drive in a sideswipe crash. Officers noticed an odor of alcohol, slurred speech ,and glassy eyes. He also had difficulty balancing himself while he walked and was very unsteady. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI arrest (one prior conviction for DUI) and he was also charged with Refusing a Breath Test for the second time.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 14, 2024 Case: 24-CT-003029 Judge Scott
The defendant was found passed out in his car at a green light. Cars were driving around him because he obviously wasn't moving. The officer noticed an odor of alcohol, glossy eyes, and slurred speech. His movements were slow and lethargic. The defendant refused to perform field sobriety tests and was arrested for DUI. He later agreed to take a breath test and blew a .165 and .164 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 13, 2024 Case: 24-CF-057438 Judge Henderson
The defendant was stopped for driving erratically. Officers noticed an odor of alcohol, glassy eyes, and mumbled/slurred speech. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. A baggie was found with cocaine on the passenger seat. The defendant was also charged with felony possession of a controlled substance.
After several conversations with the State, we pointed out that the alleged driving pattern was not on tape and very vaguely described. Thus, we pointed out that the stop may be unlawful. The State dropped the DUI and additionally reduced the felony possession charge to a misdemeanor charge.
The State dropped the DUI.
Nov 12, 2024 Case: 24-CT-001187 Judge Farr
The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, a flushed face, and glassy eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .081 and .081 in the breath machine. This was the defendant's Second DUI.
Many of the written observations were over exaggerated and were contradicted the video. In addition, with the .02 margin of error in the breath machine, we were able to place the defendant breath test results under the legal limit. The State Dropped her Second DUI.
The State dropped the DUI.
Nov 12, 2024 Case: 24-CT-006956 Judge Farr

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.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 12, 2024 Case: 24-CT-007117 Judge Farr
The defendant was stopped for having an inoperable headlight. Officers observed an odor of alcohol, bloodshot eyes, and he admitted to having drank beer and mojitos. He then performed the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
The firm pointed out to the State that prior to field sobriety tests, the defendant did not appear impaired. Additionally, he performed much better on the field sobriety tests than as described in the police reports. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Nov 12, 2024 Case: 24-CT-004297 Judge Farr
The defendant was stopped for speeding and running a red light. Officers noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated that he had consumed a couple of beers. He then performed various roadside tests and 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.
The State dropped the DUI.
Nov 6, 2024 Case: 24-CT-010565 Judge Taylor
The defendant was found passed out in his car with the vehicle at rest facing perpendicular to a tree. Upon awakening the defendant, the officer noticed an odor of alcohol, droopy eye lids, slurred speech, and watery/bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .158 and .158 in the breath machine.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 6, 2024 Case: 24-CT-011027 Judge Taylor
The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant stated he had consumed three to four drinks. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .185 and .168 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 6, 2024 Case: 23-CT-014076 Judge Taylor
The defendant was stopped for weaving. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated that he had consumed four drinks. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
After discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 6, 2024 Case: 24-CT-012671 Judge Taylor
The defendant was stopped for crossing over into oncoming traffic at a high rate of speed. Officers observed an odor of alcohol,
glassy eyes, slurred speech, and he appeared unsteady. He also had a wristband on from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .113 and .113 in the breath machine.
On tape, the defendant's speech was not slurred and he was not unsteady. His performance on the roadside tests was much better on tape than as described in the police reports. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Nov 6, 2024 Case: 23-CT-010236 Judge Taylor
The defendant was stopped for disobeying the right of way at a traffic control device, by making an illegal U-turn. Officers noticed an odor of alcohol, glossy eyes, and lethargic movements. The defendant admitted to having drank one cocktail. He performed the HGN (eye test), walk and turn, and one legs stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.

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 State dropped the DUI.
Nov 5, 2024 Case: 23-008647MU10A Judge Brown
The defendant was observed passed out behind the vehicle while in the middle of an intersection. When the officers would attempt to wake the driver he would remove his foot from the brake and the car would continue to roll forward. Eventually, the defendant exited the car and was extremely unsteady on his feet. The defendant had slurred speech , and he had difficulty spelling his own name. The defendant performed poorly on each of the field sobriety exercises and was arrested for DUI. At the breath alcohol testing facility the defendant blew .000 and subsequently provided a urine sample. The urine revealed a positive test for alprazolam (Xanax). All of the above facts were captured on video.
Parks & Braxton announced ready and set the case for jury trial. On the morning of trial the prosecutor took into consideration the defendant's age and prior record and agreed to drop the DUI. Despite the extremely poor performance on the video, the defendant walked away with no DUI on his record.
The State dropped the DUI.
Nov 4, 2024 Case: 24-CT-035518 Judge Ingram
The defendant was stopped for driving too slow and weaving. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He stated he that he had drank two beers, had fatigued movements, exhibited slow responses, and fumbled with his items. The defendant then performed various roadside tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test.
An officer from outside his own jurisdiction stopped the defendant. He then called for an officer within the correct jurisdiction to conduct the DUI investigation and make the arrest. The firm raised issues about the lawfulness of the traffic stop by an officer acting outside his jurisdictional limits. The State agreed ad Dropped the DUI.
The State dropped the DUI.
Nov 4, 2024 Case: 24-CT-034478 Judge Ingram
The defendant was stopped for driving without lights after dark. Offices noticed an odor of alcohol, enlarged pupils, clumsy dexterity, and his shirt was on inside out. The defendant also had slurred speech and bloodshot eyes. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .223 and .222 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 4, 2024 Case: 24-CT-036477 Judge Ingram

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.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Oct 31, 2024 Case: 24-CM-006218 Judge Farr

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 several discussions with the State about the defendant and the evidence, the State Dropped the DUI and Dismissed the Resisting charge.
The State dropped the DUI.
Oct 31, 2024 Case: 24-CT-008062 Judge Taylor
The defendant was stopped after he reversed out of a parking lot across all lanes of traffic and nearly struck a curb. Officers noticed an odor of alcohol, red/watery eyes, a sleepy appearance, and he made lethargic movements. He performed poorly on roadside tests and was arrested for DUI. He later blew a .202 and .195 in the breath machine.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Oct 31, 2024 Case: 24-CT-007545 Judge Taylor
The defendant crashed his car into a tree. Officers observed an odor of alcohol, glassy/watery eyes, slow/slurred speech, and lethargic movements. He also appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .101 and .100 in the breath machine.

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.
The State dropped the DUI.
Oct 31, 2024 Case: 24-CT-007531 Judge Taylor
The defendant was stopped for driving westbound in the eastbound lanes of travel on the rim of his passenger tire. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He also had a flushed face, appeared unsteady, and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .200 and .189 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Oct 28, 2024 Case: 24-CT-502009 Judge Swett
The defendant was stopped for driving 120 mph in a 70 mph zone. Officers also thought he was racing another car. The defendant was immediately placed into handcuffs upon contact. They noticed an odor of alcohol, bloodshot/glassy eyes, and mumbling/slurred speech. The defendant appeared unsteady, swayed, and was slow to respond. After performing various field sobriety tests such a HGN (eye test), the walk and turn, and one leg stand, he was arrested for DUI. He was also charged with racing on the highway. The defendant later refused a breath test.

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.
The State dropped the DUI.
Oct 28, 2024 Case: 24-CT-005085 Judge Farr
Police were called to an assault and battery call at a Circle K convenience store. The defendant was allegedly involved in an altercation. When officers arrived, the defendant was sitting in her vehicle. They noticed an odor of alcohol, watery eyes, slurred speech, and she appeared unsteady. She refused to perform roadside tests and was arrested for DUI. She later refused a breath test.
On tape, her speech was not slurred and she was not unsteady. In fact, she was sitting the curb the entire time while officers investigated. We pointed out to the state there was a complete lack of evidence and no probable cause to even arrest her. The State agreed and the DUI was Dismissed.
The State dropped the DUI.
Oct 18, 2024 Case: 24-CT-038882 Judge Koenig
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he appeared confused. The defendant stated that he had consumed three 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 blew a .200 and .202 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Oct 18, 2024 Case: 24-CT-033037 Judge Koenig
The defendant was stopped driving 93 mph in a posted 65 mph zone. Officers observed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that he had drank two beers and also had difficulty locating his items. After performing various roadside tests, he was arrested for DUI. He later blew a .127 and .126 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUII.
The State dropped the DUI.
Oct 18, 2024 Case: 24-CT-034477 Judge Koenig
The defendant was stopped after he was observed driving the wrong way down a one-way street. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and he stated he had drank two beers. He appeared unsteady, moved slowly, and also swayed while he stood. He then performed various field sobriety tests such as the walk and turn and one leg stand. He was arrested for DUI and later refused a breath test.
Many observations written in the police reports were contradicted by the video tape. After pointing those out to the State, they Dropped the DUI.
The State dropped the DUI.
Oct 18, 2024 Case: 24-CT-030271 Judge Koenig
The defendant crashed his car and then left the scene of the accident. When officers found him, they noticed visible truck damage, an odor of alcohol, slurred/mumbled speech, and his pants hanging down. He fumbled with his items and stumbled outside the truck. The defendant refused to do any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI.
When officers finally located the defendant, he was sitting in the passenger seat of the damaged truck, the door was open, and the truck was off. The defendant had the keys in his pocket. Officers were on body worn camera trying to find the witness who saw him driving at the time of the crash, but could not find anyone who could ID him as the driver. In fact, on tape, officers can be heard stating that nobody can identify him. Since the State could not place him in actual physical control of the time of accident, as well as the fact that he was sitting in the passenger seat of a running truck, they Dropped the defendant's Third DUI.
The State dropped the DUI.
Oct 17, 2024 Case: 24-CT-001295 Judge Grey
The defendant was stopped for continuously failing to maintain his lane of travel as he crossed over the dotted lines numerous times. Officers noticed an odor of alcohol, a pale/flushed face, and slurred speech. When asked where he was coming from, he replied "I am going home." He also stated that he had drank a couple of beers. The defendant performed the HGN (eye test) and also started to do the walk and turn. As he started to do the walk and turn, he started laughing and refused to continue. He was arrested for DUI and later refused a breath test.

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 State dropped the DUI.
Oct 15, 2024 Case: 24-CT-003028 Judge Rich
The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but observed watery eyes, slurred/delayed speech, and she appeared unsteady. She had fumbling fingers and a loss of her fine motor skills. Believing she was impaired by drugs and not alcohol, she was asked to perform field sobriety tests. She refused and was arrested for DUI. She later provided a urine sample which came back positive for Xanax. This was the defendant's second 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 State dropped the DUI.
Oct 15, 2024 Case: 24-CT-021287 Judge T. Brown

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.
The State dropped the DUI.
Oct 15, 2024 Case: 22-009277MU10A Judge Diaz
The defendant was stopped for both running a red light as well as speeding. The defendant was pulled over in a bank parking lot. The officer asked for the defendant's driver's license and stated that the defendant provided a debit card instead. The officer stated he observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer asked the defendant to exit the vehicle in order to perform a series of field sobriety tests. By this time, a second officer arrived on scene to observe the investigation. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. The defendant was arrested for DUI. At the breath facility the defendant initially agreed to perform the breath test, but later refused when the police would not allow her to contact a lawyer for advice.
Prior to trial, Parks & Braxton took depositions of both officers that were on scene. While both agreed that the defendant had an odor of alcohol as well as slurred speech, their recollection of the defendant's performance on the field sobriety tests were completely inconsistent. The officers had no video at the scene, and the video at the breath alcohol testing facility was supposedly broken. Parks & Braxton then filed a motion to compel the repair order for the video camera. Next, Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest. At the motion, the officer admitted that some of his testimony was inconsistent with prior testimony that he gave in the deposition. After the motion, the DUI was dropped.
The State dropped the DUI.
Oct 15, 2024 Case: 22-009277MU10A Judge Diaz
The defendant was stopped for both running a red light as well as speeding. The defendant was pulled over in a bank parking lot. The officer asked for the defendant's driver's license and stated that the defendant provided a debit card instead. The officer stated he observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer asked the defendant to exit the vehicle in order to perform a series of field sobriety tests. By this time, a second officer arrived on scene to observe the investigation. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. The defendant was arrested for DUI. At the breath facility the defendant initially agreed to perform the breath test, but later refused when the police would not allow her to contact a lawyer for advice.
Prior to trial, Parks & Braxton took depositions of both officers that were on scene. While both agreed that the defendant had an odor of alcohol as well as slurred speech, their recollection of the defendant's performance on the field sobriety tests were completely inconsistent. The officers had no video at the scene, and the video at the breath alcohol testing facility was supposedly broken. Parks & Braxton then filed a motion to compel the repair order for the video camera. Next, Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest. At the motion, the officer admitted that some of his testimony was inconsistent with prior testimony that he gave in the deposition. After the motion, the DUI was dropped.
The State dropped the DUI.
Oct 8, 2024 Case: 23-013324MU10A Judge Brown
The defendant was involved in a crash whereby he struck another vehicle from behind on the highway. Upon initial contact with the defendant, the Trooper stated he observed a strong odor of alcohol, a pale face, slurred speech, and glassy bloodshot eyes. In addition, the Trooper stated that the defendant seemed lethargic and disoriented as he spoke. The Trooper then interviewed an independent witness who said the defendant was all over the road just prior to the crash. The defendant refused to perform any field sobriety tests and was arrested for DUI. The defendant refused to provide a breath test. This was the defendant's second DUI with a crash.

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 State dropped the DUI.
Oct 7, 2024 Case: 24-CT-501336 Judge Gonzalez
The defendant was involved in a traffic crash whereby his vehicle had rolled over. Officers noticed an odor of alcohol, watery eyes, and slurred speech. EMS was on scene trying to treat the defendant. The defendant performed various field sobriety tests such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The defendant was just involved in a bad rollover accident and officers were trying to have him stand on one leg and walk a line. In fact, EMS had put a neck collar on him. The defendant was also transported to the hospital for treatment. We pointed out that any impairment could have been equally due to injuries from the crash versus alcohol. The State agreed and Dropped the defendant's Second DUI.
The State dropped the DUI.
Oct 2, 2024 Case: 24-CT-003463 Judge Gutman
The defendant was found by the police sleeping in his car which was parked slightly in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and he was unsteady on his feet. He refused to perform any roadside tests and was arrested for DUI. He alter blew a .082 and .080 in the breath machine.

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 State dropped the DUI.
Oct 2, 2024 Case: 24-CM-004058 Judge Gutman
The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the HGN (eye test), walk and turn, and one leg sand exercises, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI and the Second time the firm has represented him. He was also charged with refusing a breath test for the second time.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. It should be noted that the firm also beat the defendant's last DUI as well. He received no penalties the second refusal charge other than court costs.
The State dropped the DUI.
Sep 25, 2024 Case: 24-CT-007592 Judge Stone
The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, red/glossy eyes, slurred speech, and the defendant had trouble producing her items for the police. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI.
The firm pointed out inconsistencies between the police reports and the video tape to the prosecutor. For example. her speech was not slurred and her driving pattern was overexaggerated. After a few conversations, the State Dropped the Defendant's Third DUI.
The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-008455 Judge Farr
The defendant was sitting in his car blasting music in a high traffic/pedestrian area. Officers walked up to his car to speak with him. They noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had a dazed/blank stare, poor coordination, poor balance, and a lethargic appearance. The defendant 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.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-006170 Judge Scott
The defendant was stopped for running a red light. Officers observed an odor of alcohol, glassy eyes, and bar bracelet on his wrist. He also appeared confused, unsteady, and admitted to drinking alcohol. After performing various field sobriety tests, he was arrested for DUI. He later blew a .132 and .130 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-004112 Judge Scott
The defendant crashed his car into a guardrail. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was argumentative. 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.
The officer wrote how the defendant performed very poorly on the roadside tests. That alleged performance was contradicted by the video tape whereby the defendant performed extremely well. In addition, the cop was blasting his engine so loud, no one could even hear what was being said on scene.
The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-006044 Judge Farr

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.
The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-034721 Judge Musselman
The defendant was stopped for driving with his taillights off. The officer noticed an odor of alcohol. He was unable to hold a conversation, droopy eyelids, and bloodshot eyes. The defendant admitted to having consumed two beers. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
The entire DUI investigation took place while the defendant was seated in his car. As soon as the defendant said that he would not perform field sobriety tests, he was arrested for DUI. On tape, he did not appear impaired. After negotiations with the State, they Dropped the DUI down to a Civil careless driving infraction.
The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-008049 Judge Weis
The defendant was found by police passed out in his truck with the vehicle on, gear shifter in park, and keys in the ignition. He was parked in a parking lot. Upon awakening him, the officers noticed an odor of alcohol, watery/glassy eyes, and extremely slurred speech. He performed very poorly on roadside test and was arrested for DUI. He later refused a breath test.
After conversations with the State, we pointed out that the defendant was trying to do the right thing by sleeping it off and not driving. After negotiations, they Dropped the DUI.

Result:

The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-007603 Judge Weis
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had drank three whiskey and Cokes. He also stated that he is "fucked up naturally." He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
After conversations with the State regarding the evidence and defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 17, 2024 Case: 24-CT-025353 Judge Ingram
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and watery/glassy eyes. His movements were sluggish and slow. 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.
Many observations written by the officer were contradicted by the video tape. For example, the defendant's speech was not slurred and he did not move around slow or sluggishly. Also, his performance on the field sobriety tests was much better on tape than as described in the reports.
The State dropped the DUI.
Sep 17, 2024 Case: 24-CT-030032 Judge Ingram
The defendant was stopped for speeding. The officer noticed an odor of alcohol, a flushed face, and slurred speech. She also was observed stumbling and appearing confused. After performing various field sobriety tests, she was arrested for DUI. She later blew a .147 and .144 in the breath machine.
After negotiations regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Sep 17, 2024 Case: 24-CT-005076 Judge Bagge-Hernandez
The defendant was stopped for having only one operable brake light. The officer noticed an odor of alcohol, bloodshot eyes, and slow/lethargic movements. In addition, he observed slow speech and unsteady balance. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .106 and .106 in the breath machine.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 12, 2024 Case: 24-CT-022237 Judge Musselman
The defendant was stopped for driving with her high beams on. Officers observed an odor of alcohol, slurred speech, glassy eyes, and an inability to keep her balance. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test. This was her Third DUI arrest and she was also charged with Second Refusal for refusing a breath test for the second time.
The arresting officer was in training while conducting the DUI investigation. While instructing the defendant on the roadside tests, she was reading off a card making it very confusing to follow. She was also blocking her body worn camera during the exercises because she was holding her notepad in front of it. Not one officer was taking notes at the scene, yet later on there were detailed reports which totally contradicted the videotapes. The police code for DUI is "Signal One." On tape, the field training officer can be heard saying, "all I care about is a Signal One for training." In addition, he can also be heard saying "she needs it for training." (i.e., the Signal One). It was obvious the defendant was the Guinea pig for a training day for this cop to learn how to do a DUI and make an arrest. The State Dropped the DUI and she received no penalties other than court costs. In addition, the State Dismissed the refusal charge.
The State dropped the DUI.
Sep 11, 2024 Case: 24-CT-021288 Judge Koenig
The defendant was observed by police falling off his motorcycle in a parking lot. Officers approached to help and noticed an odor of alcohol, watery eyes, and he had difficulty speaking. He stated that he had consumed several drinks (i.e. bourbon). The defendant was so drunk that he almost fell over during field sobriety tests, so they were stopped for safety concerns. He was arrested for DUI and later blew a .265 and .258 in the breath machine.
After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Sep 11, 2024 Case: 24-CT-005790 Judge Gutman
The defendant was stopped for failing to stop at several red lights. Officers observed an odor of alcohol, glassy eyes, and slurred speech. She also appeared unsteady outside of the car. 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.

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.
The State dropped the DUI.
Sep 10, 2024 Case: AITJR4E Judge Komninos
The defendant was stopped for driving with no lights after dark. Officers noticed an odor of alcohol, mumbled speech, and he appeared unsteady. The defendant 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 blew a .143 and .132 in the breath machine.

After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Sep 10, 2024 Case: AGZT2CE Judge Komninos
The defendant was stopped for making a wide turn, straddling the lane lines, and coming to a complete stop in the roadway. Officers noticed an odor of alcohol, slurred speech, watery eyes, and he swayed while he stood. He performed poorly on roadside tests and was arrested for DUI. He later blew a .20 and .199 in the breath machine.
After numerous conversations with the State regarding the defendant and the case, they Dropped the DUI.
The State dropped the DUI.
Sep 10, 2024 Case: A77GIDE Judge Komninos
The defendant was stopped for weaving and speeding. Officers observed an odor of alcohol, glossy eyes, slurred speech, and he swayed while he stood. The defendant stated he had drank 6 to 7 drinks. He then performed various field sobriety tests and was arrested for DUI. He later blew a .171 and .164 in the breath machine.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 10, 2024 Case: AHPGCSE Judge Vaccaro
The defendant was stopped for speeding. Officers noticed an odor of alcohol, a dazed/bank expression, and slurred speech. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .150 and .133 in the breath machine.

After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 10, 2024 Case: AHFCCSE Judge Lawhorne
The defendant was observed by police swerving back and forth in his lane and speeding. His tires were touching both lane markers as he was drifting back and forth. Officers observed an odor of alcohol, red/watery eyes, and thick tongued speech. While outside the car, he had an orbital sway. After performing various field sobriety tests, he was arrested for DUI and later blew a .120 and .121 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 10, 2024 Case: 24-CT-025795 Judge Baker
The defendant was stopped for driving too slowly and weaving. The officer observed an odor of alcohol, red/watery eyes, and she stated she had drank a few beers. While outside the car, she stumbled and used the door for support. Due to physical injuries she performed various nonphysical exercises such as the finger to nose, estimate of 30 seconds, and HGN (eye test). She was arrested for DUI and later blew a .145 and .135 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 6, 2024 Case: 23-01374MU10A Judge Gottlieb
The defendant was observed driving the wrong way on the highway exit ramp. A civilian witness subsequently observed the defendant passed out behind the wheel. 911 was called, and the defendant was pulled out of the vehicle by fire rescue and taken to the hospital. While receiving medical care a trooper arrived at the hospital to conduct an investigation. The trooper made contact with the defendant and observed an odor of alcohol, bloodshot eyes as well as dilated pupils. The trooper began a DUI investigation and requested the defendant perform field sobriety exercises in the parking lot of the hospital. After performing the HGN (eye test), walk and turn, as well as the one leg stand, the defendant was arrested for DUI.
Florida Statute 901.15 explains that in order to make a valid arrest for a DUI, all of the elements must be observed in the presence of the officer. This language requires the officer to personally witness the defendant operating the vehicle regardless of the fact that both civilian witnesses and paramedics saw the defendant driving and behind the wheel. The prosecutor offered to reduce the charges to a reckless driving. Counsel rejected the offer and continued to argue that the arrest was unlawful. Ultimately, the prosecutor agreed and the DUI was dismissed.
The DUI was dismissed.
Sep 5, 2024 Case: 24-CT-007549 Judge Damico
The defendant was seen by police driving though a restricted area. Officers observed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
On tape, her speech was not slurred, she was not off balance or unsteady, and she appeared coherent. We put forth to the State that there was a lack of probable cause to arrest her. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Sep 4, 2024 Case: 24-MM-030258 Judge T. Brown

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.
The State dropped the DUI.
Sep 3, 2024 Case: 23-012959MU10A Judge Fry
The defendant was pulled over for drifting on the highway in between lanes. The officer placed his overhead lights on and stated that the defendant was slow to react. Upon making contact with the defendant the officer observed an odor of alcohol, bloodshot eyes, as well as slurred speech. The defendant informed the officer that he suffered from juvenile diabetes and subsequently tested his glucose level on scene. The officer's report was inconsistent with the glucose level that the defendant stated he had on scene. The officer administered a series of field sobriety tests on video. The defendant had a great deal of difficulty with the walk and turn test as well as the one leg stand. The defendant was arrested for DUI and refused a breath test. This was the defendant's 3rd arrest for DUI.

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.
The State dropped the DUI.
Sep 3, 2024 Case: 24-CT-000594 Judge Legler
The defendant crashed her car into a tree and then it rolled over twice. Police observed the defendant to have an odor alcohol, slurred speech, and bloodshot eyes. She also appeared disoriented and she admitted to drinking alcohol. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
On tape, the defendant's speech was not slurred and she did not appear disoriented. In addition, under Florida case law, 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 and the defendant received no criminal conviction on her record.
The State dropped the DUI.
Aug 20, 2024 Case: 23-016389MU10A Judge Brown
The defendant was observed on video weaving multiple times on the highway. After he was pulled over, the troopers observed a strong odor of alcohol, bloodshot eyes and unsteadiness. The defendant agreed to perform a series of field sobriety exercises. On the walk and turn test, the defendant was unable to walk on the line, and none of his steps were heel to toe. However, on the one leg stand, the defendant was able to keep his foot in the air for the entire exercise. The trooper administered a modified finger to nose test and then arrested the defendant for DUI. The defendant subsequently refused to submit to a breath test. This was the defendant's second DUI.
On video, the trooper can be seen having a conversation with another officer on scene. However, the trooper turned off the microphone, and therefore, the conversation was not audible. Parks & Braxton took a deposition of both officers. The officers denied having a conversation that was not captured on video. Based on the video, the troopers’ testimony was clearly untrue. In addition, the arresting trooper kept asking the defendant how much sleep he had the night before. It was clear that the arresting trooper entertained the possibility that the defendant was merely exhausted rather than impaired from alcohol. It wasn't until after the trooper had a private conversation with the second officer that the defendant was placed under arrest for DUI. Parks & Braxton announced ready for trial. The prosecutor dropped the DUI on the morning of trial.
The State dropped the DUI.
Aug 20, 2024 Case: 24-CT-001994 Judge Gutman
The defendant was stopped for weaving and driving in the bicycle lane several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She also had a bar bracelet on her wrist. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2024 Case: 24-CT-009191 Judge Cohen
The defendant was found passed out behind the wheel of his running car with a vape pen and drool dripping from his mouth. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and he was nodding in an out. The defendant was fidgety, agitated, and changed his story multiple times. He performed poorly on various roadside tests and was arrested for DUI. He later blew a .122 and .121 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2024 Case: AHPGBFE Judge Todd for Vaccaro
The defendant was found in a parking lot by police passed out in his running car with the driver's door open. He was slumped over the wheel and his body was partially hanging out. There was a large pile of vomit by the driver's door. Officers observed an odor of alcohol, a dead/blank expression, slurred speech, and bloodshot eyes. He had vomit on this shirt, shoes and mouth. He was unsteady, swayed, and stumbled. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .182 and .172 in the breath machine. This was the defendant's Second DUI arrest.
The defendant had parked his car a block away from the bar. He then walked from the bar to his car and passed out after vomiting. The State could not prove that he was in actual physical control because at the time of the incident he had no capability to operate the car while passed out. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Aug 14, 2024 Case: 24-CF-014369 Judge Steinbeck
A circle K gas station clerk called the police that she noticed that the defendant smelled like alcohol and went in his car and fell asleep. They wished to have the defendant removed from the parking lot. When the officer arrived, he found the defendant asleep and attempted to wake him up. After several seconds, the officer reached into the car, turned the engine off, and placed his car keys on the roof. The officer noticed bloodshot eyes and a dazed/confused look. He asked the defendant to perform field sobriety tests and the defendant refused. He was then arrested for DUI and later refused a breath test. The defendant was charged with Felony DUI as this was his Fourth offense and also a second refusal charge for refusing to submit to a breath test.
Parks & Braxton took a pretrial deposition of the arresting officer. In depo, the officer stated that he never smelled any alcohol. The officer did not have body worn camera and never got any video footage from the gas station. Nor did he ever get the clerk's name. In the depo, it was established via our questioning that the seizure of the defendant by the officer taking his keys and ordering him out of the car was unlawful. In addition, the State could not prove by what was allegedly impairing the defendant such as alcohol or any specific controlled substances. Furthermore, the officer stated numerous times in depo that he could not remember specifics of anything. The State read the depo and Dismissed the defendant's Felony 4th DUI and the refusal charge as well.
The DUI was dismissed.
Aug 13, 2024 Case: 24-CT-016507 Judge Rich
The defendant was stopped for driving with one headlight after dark. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slow/slurred speech. He also had a noticeable sway and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .195 and .175 in the breath machine.

After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Aug 13, 2024 Case: 24-CT-005178 Judge Gutman
The defendant crashed his car into a tree. The car was totally destroyed and airbags were deployed all over the inside of the car. Officers noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.
The defendant was just involved in a major crash whereby the car was destroyed, airbags deployed, and he was struck in the head with airbags. The officer did not even attempt to do any nonphysical roadside such as the finger to nose or estimation of time. The firm pointed out that any impairment observed on the roadside tests could have been just as equally due to being hit it the face with an airbag versus alcohol. The State agreed and Dropped the DUI.
The State dropped the DUI.
Aug 13, 2024 Case: AJF46QE Judge Lawhorne
The defendant crashed his car into a tree. The officer noticed an odor of alcohol, watery eyes, and mumbled speech. The defendant struggled to maintain his balance, staggered, and almost fell. The defendant performed poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 9, 2024 Case: 24-CT-000551 Judge Doyle
The defendant was stopped for speeding. The officer noticed an odor of alcohol, red/glassy eyes, and she appeared unsteady. The defendant admitted to having drank three beers. After performing the roadside tests, such as the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .131 and .130 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 7, 2024 Case: 24-MM-021286 Judge Koenig

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.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. The resisting charge was Dismissed.
The State dropped the DUI.
Aug 7, 2024 Case: 24-CT-008901 Judge Taylor

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.
Many of the written observations were contradicted by the video tape. After discussions with the State about the video and other evidence, they Dropped the DUI.
The State dropped the DUI.
Aug 7, 2024 Case: 24-CT-000256 Judge Farr
The defendant was stopped for having an unlawfully modified loud exhaust and an expired tag. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and .142 in the breath machine.
The defendant showed no signs of impairment on the video. His speech was not slurred, his balance was normal, and he was responsive and coherent. His performance on the field sobriety tests clearly showed he may have been lower than .08 at the time of driving. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Aug 7, 2024 Case: 24-CT-002805 Judge Farr
The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and red eyes. He also had slow and lethargic movements. After performing various roadside tests, he was arrested for DUI. He 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 State dropped the DUI.
Aug 6, 2024 Case: 24-CT-001558 Judge Woodard
The defendant was stopped for driving over 100 mph in a 50 mph zone. The officer observed an odor of alcohol, glassy eyes, droopy eye lids, and slow/sluggish movements. The defendant stated that he had drank 3 beers. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later blew a .168 and .167 in the breath machine.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 5, 2024 Case: 24-CT-005132 Judge Rich
The defendant was stopped for running two stop signs. Upon being stopped, he nearly backed into the officer's police car. The officer observed an odor of alcohol, bloodshot/glassy eyes, and eye lid tremors. He also had delayed responses to simple routine questions and exhibited leg tremors. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .128 and .119 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 5, 2024 Case: 24-CT-000971 Judge Rich
The defendant was stopped for speeding, weaving within his lane, and driving over lane dividers. The officer noticed an odor of alcohol, a flushed face, and slurred speech. His eyes were bloodshot and he swayed while he stood. The defendant performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .122 and .120 in the breath machine.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 1, 2024 Case: AI9MSDE-H Judge Mckyton
The defendant was pulled over for failing to maintain a single lane and driving past the stop bar. The deputy observed a strong odor of alcohol as well as bloodshot eyes. As a result, the deputy contacted a member of the DUI task force to conduct an investigation. The DUI deputy arrived and stated that he observed a strong odor of alcohol, slurred speech and staggering when the defendant walked. The defendant refused to participate in field sobriety exercises. The defendant was placed under arrest. The deputy asked the defendant to open his mouth to check for "weapons and contraband." The defendant refused to open his mouth. On video, the deputy threatened the defendant and stated "you're going to open your mouth or I'm going to take my flashlight and smash your fucking teeth." The deputy then grabbed the defendant and began to choke him. He subsequently threw the defendant against the bumper of the patrol car. Later he called the defendant "dipshit" as well as "retard." The defendant refused to submit to a breath test. The defendant had a prior refusal to submit to breath testing several years ago. The defendant was charged with both DUI as well as Failure to Submit to a Breath Test.
Parks & Braxton filed a motion to dismiss based on egregious governmental misconduct. The constitution ensures that each person has a due process right to be free from governmental misconduct. The motion and video were provided to the Judge as well as ABC and CBS news. The motion was scheduled for August 2, and the jury trial was scheduled for August 6. The day before the motion, Parks & Braxton received a call from the Chief Assistant State Attorney (second in command), who agreed with the motion and subsequently dismissed all charges. It should be noted that the prosecutor made several offers including dropping the DUI in exchange for a plea to the Refusal To Submit charge. Each offer was rejected by the defense.
Both the DUI and Refusal To Submit To Breath Testing were dismissed.
Jul 31, 2024 Case: 21-1724CF10A Judge Rothschild

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 defendant was originally represented by another lawyer who does not specialize in these types of charges. Parks & Braxton took over the case and immediately began taking depositions of the officers on scene. It became clear that while the girlfriend did make a statement regarding the defendant's consumption of alcohol, it was not clear when he last consumed the drink. This brought into question the legitimacy of the search warrant to determine the defendant's blood alcohol level. Ultimately, the prosecutor agreed to waive all prison time in exchange for probation.
The defendant received probation. Half of the charges were dismissed.
Jul 31, 2024 Case: 24-CT-002567 Judge Taylor
The defendant was stopped for driving the wrong way down a one-way street. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He swayed while he stood and gave conflicting statements about where he was coming from. According to the officer, he performed poorly on the roadside 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's speech was not slurred and he performed much better on the field sobriety tests on video than as described in the police reports.

The State dropped the DUI.
Jul 30, 2024 Case: 22-007009MM10A Judge Lerner-Wren
The defendant was involved in a crash with another vehicle. The first officer on scene took a sworn statement from the driver of the other vehicle who identified the defendant as the driver of the vehicle. The DUI officer arrived on scene and observed a strong odor of alcohol and extremely slurred speech. In addition, the defendant was swaying back and forth on video. The defendant agreed to perform the HGN (eye test) as well as the walk and turn and one leg stand test. The defendant performed poorly on video and was arrested for DUI. The defendant refused to perform a breath test. This was his second DUI.

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 State dropped the DUI.
Jul 30, 2024 Case: 23-001244MU10A Judge Lerner-Wren
The defendant was involved in a multiple vehicle crash. When the officers arrived she was still seated behind the wheel of the vehicle. The other individuals in the crash gave statements identifying the defendant as the "at fault" driver in the crash. On video, the defendant was unable to locate her driver's license. Her speech was extremely slurred. She clearly looked and acted impaired. The report indicated that the defendant was under the influence of alcohol or some type of narcotic or medication. The defendant was taken to the hospital and provided both a urine as well as a blood test. The defendant was charged with DUI Property Damage.

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 State dropped the DUI.
Jul 30, 2024 Case: 24-CT-001461 Judge Buie
The defendant was stopped for failing to yield and almost causing a collision. He also was weaving and straddling lane markers. Officers noticed an odor of alcohol, bloodshot eyes, and he seemed confused. His speech was slurred and he was unsteady. He refused to perform roadside tests, other than the HGN (eye test), and was arrested for DUI. He later refused a breath test.

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

The State dropped the DUI.
Jul 30, 2024 Case: 24-CT-003981 Judge Rich

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.
On video, the defendant was not sitting at a light for minutes. It was actually 14 seconds. Also, his speech was not slurred and he was not unsteady. Thus, the officer was not truthful in her reports and her credibility was called into question.

The State Dropped the DUI and he received no probation or any penalties other than court costs.
Jul 30, 2024 Case: 24-CT-002163 Judge Farr

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.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jul 30, 2024 Case: 24-CT-001711 Judge Farr

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.
Many observations written in the police reports were contradicted by the video tape. After conversations with the State, they Dropped the DUI.

The State dropped the DUI.
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