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DUI Wins

Our Recent Victories

Feb 20, 2024 Case: 23-CT-013781 Judge Farr

The defendant was stopped for driving recklessly around a parking lot. Officers noticed an odor of alcohol, bloodshot eyes, and his movements were slow/sluggish. He also had slurred speech and appeared unsteady. He performed poorly on roadside tests and was arrested for DUI. He later blew a .193 and .188 in the breath machine.

After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Feb 20, 2024 Case: 23-CF-00185AP Judge Garcia

The defendant was stopped for swerving all over the road, driving below the speed limit, and driving westbound in the eastbound lane. The officer noticed an odor of alcohol, a flushed face, and thick tongued speech. Her eyes were glassy. She was also slow to respond, unsteady, and she exhibited mood swings. She performed poorly on roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI. She was also charged with Felony possession of cocaine.

During negotiations with the State, we pointed out that although the defendant performed various field sobriety tests and the trooper had a dash camera, but for reasons unknown, not one was conducted in front of the camera. In addition, for some unknown reason the drugs were never tested by the lab. The State Dismissed the DUI and also Dismissed the Possession of Cocaine.
The DUI was dismissed.
Feb 19, 2024 Case: 23-CT-002030CTAXEX Judge Wansboro

The defendant was found passed out in his vehicle on the side of the road by a road ranger. The car had run out of gas. When police arrived, the defendant was standing outside of his car. The officer noticed an odor of alcohol, watery/glassy eyes, and incoherent/mumbling speech. He swayed while standing, was slow to respond, and appeared confused. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI.

Under Florida Statute 901.15, all element of a misdemeanor DUI must occur in the presence of the officer unless there is a crash (i.e., they must observe the defendant driving or in actual physical control) or the arrest is unlawful. Here, the defendant was outside the car when the officer arrived so we pointed out to the State that the arrest was unlawful and they agreed. Also, 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. The State Dropped the defendant's Third DUI and received no probation.

The State dropped the DUI.
Feb 16, 2024 Case: 23-CT-032048 Judge Silverman

The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and clumsy dexterity. She also had slurred speech, made repetitive statements, and had unsteady balance. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was subsequently arrested for DUI and later refused a breath test. This was the defendant's Second DUI.

The defense pointed out various medical issues that the defendant had which could have affected her performance on the field sobriety tests. After conversations with the State, they Dropped her Second DUI.

The State dropped the DUI.
Feb 16, 2024 Case: 23-CT-032048 Judge Silverman

The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and clumsy dexterity. She also had slurred speech, made repetitive statements, and had unsteady balance. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was subsequently arrested for DUI and later refused a breath test. This was the defendant's Second DUI.

The defense pointed out various medical issues that the defendant had which could have affected her performance on the field sobriety tests. After conversations with the State, they Dropped her Second DUI.

The State dropped the DUI.
Feb 15, 2024 Case: 23-CT-002033CTAXES Judge Poblick
The defendant was stopped for speeding as he was driving 115 mph, almost hitting two cars, and swerving lane to lane. The officer noticed an odor of alcohol, he admitted to consuming two shots of Hennessey, had bloodshot eyes and slurred speech. He also swayed while outside the vehicle. He performed poorly on various field sobriety tests and was arrested of DUI. He later blew a .106 and .103 in the breath machine.

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

The State dropped the DUI.
Feb 15, 2024 Case: 22-010497CF10A Judge Kollra

The defendant was charged with a third offense felony DUI. He was involved in a crash whereby he drove his vehicle into a tree. It is important to note that the defendant did not suffer any injuries. There were several witnesses to the crash. The defendant left the scene in a different car, but returned shortly thereafter. After the witnesses identified the defendant as the driver the officers began conducting a DUI investigation. The officers asked the defendant a series of questions relating to his health. He informed them that he was a diabetic. He did not, however, tell the officers that he was suffering from a high or low blood sugar level. In addition, he did not complain of any injuries. The officers conducted a series a field sobriety tests and subsequently arrested the defendant for DUI. After arrest he was asked to provide a breath test to which he agreed. Fire rescue informed the police that the defendant had to be medically cleared first before they can take him to jail. As a result, the officers requested a blood test claiming that because the defendant was going to the hospital for medical clearance it would be impractical to obtain a breath test. He subsequently agreed. His blood alcohol level was a .257 (over three times the legal limit).

Florida law does permit an officer to request a blood test if a breath test would either be impossible or impractical. After taking depositions of the officers, counsel discovered that the defendant's blood sugar level was actually checked on scene in the fire rescue truck. In addition, the officers admitted that they conducted a comprehensive medical check which came back normal. There was no reason to bring the defendant to the hospital. In fact, the defendant was only in the hospital for a total of 37 minutes. There was plenty of time to take the defendant to the breath alcohol testing facility to secure a breath test. Counsel filed a motion to exclude the .257 blood test as a violation of the defendant's 4th Amendment rights. The State conceded the motion and the DUI was completely dropped.
The State dropped the DUI.
Feb 7, 2024 Case: AGR46XE (23-07384MM) Judge Vaccaro
Police were called to a bar because the defendant was allegedly causing a disturbance and needed to be trespassed. When the officer arrived, he came into contact with the defendant as she was seated in her truck with the engine running. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. She appeared unsteady, swayed, and she was very irate. She agreed to perform only the HGN (eye test) and then refused to perform any further roadside tests. She was then arrested for DUI and later refused a breath test. After her arrest, she was cursing and swearing at the officer the entire ride to the jail. She was also charged with disorderly conduct.
The firm announced ready for trial. On video and prior to her arrest on tape, she was not swaying, nor did she appear unsteady. In addition, her speech was not slurred. In fact, she appeared totally responsive and coherent. It was apparent on tape that the officer was getting frustrated and arrested her simply because she didn't want to perform roadside tests. She was very angry and cursing in the back of the patrol car because she felt she was being wrongly accused. On the day of trial, the State Dropped the DUI and dismissed the disorderly charge.
The State dropped the DUI.
Feb 7, 2024 Case: 23-CT-012447 Judge Taylor
The defendant was stopped for driving with no lights after dark and an obstructed tag. The officer noticed an odor of alcohol, watery eyes, a blank/dazed stare, and slurred speech. His movements were slow and deliberate, he appeared lethargic, and had fumbling fingers. He performed poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.

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

The State dropped the DUI.
Feb 7, 2024 Case: 23-CT-015871 Judge Rich
The defendant was the at fault driver in a side swipe crash. When officers arrived, they observed the defendant to have an odor of alcohol, red/watery eyes, and he swayed and stumbled. He refused to perform roadside tests and was arrested for DUI. He later blew a .149 and .147 in the breath machine.
On tape, the defendant requested an independent blood test. When a defendant does that, they must agree to take a breath test to which the defendant did. Under the law, an officer must give them some assistance such as either a cell phone or some means to contact whomever to get that test. Here, the Officer did nothing to assist. Thus, the breath test would have been excluded from evidence. Short of filing a motion to suppress, the State agreed and Dropped the DUI.
The State dropped the DUI.
Feb 6, 2024 Case: 23-CT-015894 Judge Gutman
The defendant was stopped for driving on a rim without a front tire. The officer noticed an odor alcohol, slurred speech, and watery/glassy eyes. She also appeared unsteady on her feet and admitted to having consumed two drinks. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused a breath test.

After pointing out a lack of probable cause to arrest her based on the video tape evidence, the State Dropped the DUI and the defendant received no penalties other than court costs.

The State dropped the DUI.
Feb 6, 2024 Case: 23-CT-009398 Judge Conrad
The defendant was stopped for speeding, cutting off another car, and crossing over the fog line markers. The officer observed an odor of alcohol, bloodshot eyes, and a bar bracelet on his wrist. He also had slurred speech. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.

Many written observations in the police reports were contradicted by the video. After conversations with the State regarding the evidence and the defendant, the State Dropped the Defendant's Second DUI.

The State dropped the DUI.
Feb 1, 2024 Case: 23-CT-015821 Judge Booras
The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, slurred speech, and she admitted to consuming beer and whiskey. She swayed while standing. She performed various field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
After reviewing the DUI video, many observations written in the police reports were contradicted by the video tape.
The State dropped the DUI.
Jan 30, 2024 Case: 23-CT-009564 Judge Gutman
The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and she admitted to having drank alcohol. She also had bracelets on her wrist from a bar. She then performed various field sobriety tests such as the one leg stand, walk and turn, and HGN (eye test). She was then arrested for DUI and later refused a breath test.
On tape, the defendant performed very well on the field sobriety tests and we pointed out that there was a lack of probable cause to arrest her.
The State dropped the DUI.
Jan 30, 2024 Case: 23-CT-014900 Judge Gutman
The defendant was stopped for weaving and following too closely. The officer noticed an odor of alcohol, watery eyes, unstable balance, slurred speech, and he leaned against the car for balance. He performed poorly on the videotaped 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.
Jan 26, 2024 Case: 23-CT-013903 Judge Zuckerman

The defendant was stopped for speeding. It was later determined that she had an expired driver's license. The officer noticed an odor of alcohol, bloodshot/watery eyes, and she admitted to having one drink. She then performed the HGN (eyes test), walk and turn, one leg stand, finger to nose, and the estimation of 30 seconds. She was then arrested for DUI and later refused a breath test.

After several conversations with the prosecutor and their supervisor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jan 25, 2024 Case: 23-CT-015790 Judge Bristow
The defendant was stopped for driving very slowly and weaving. The officer noticed an odor of alcohol, slow/slurred speech, and glossy eyes. The defendant had a sway to his stance, a flushed face, and he admitted to having drank four beers. He performed very poorly on the videotaped field sobriety tests and was arrested for DUI. He later refused a breath test.

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

The State dropped the DUI.
Jan 23, 2024 Case: 23-CT-016994 Judge Damico
The defendant was stopped by police for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing field sobriety tests, she was arrested for DUI. She later blew a .094 and .096 in the breath machine.
Due to the .02 margin of error in the breath machine, the firm was able to place both breath results below the legal limit.
The State dropped the DUI.
Jan 23, 2024 Case: 23-CT-002542 Judge Woolsey
The defendant was stopped for weaving. She was drifting from left to right and riding on the fog line. The officer noticed an odor of alcohol, extremely thick tongued speech, and the defendant stated she had been drinking alcohol. She then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jan 23, 2024 Case: 23-CT-010270 Judge Conrad

The defendant was stopped for weaving all over the road and speeding. Other cars were honking at him because of the driving pattern. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he had lethargic movements. An open alcoholic container was found in the driver's cup holder. He then performed numerous roadside tasks 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 prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jan 22, 2024 Case: 23-CT-502400 Judge Gill
The defendant was the at fault vehicle in a sideswipe traffic crash on Interstate 75. The defendant fled the scene and was eventually caught. Officers noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He stumbled as he walked, swayed, and admitted to having consumed mixed drinks and beers. He then refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also charged with leaving the scene of an accident.

Although the officer had an in-car camera, he never put the defendant in front of the camera so we can truly observe his demeanor and hear him speak. In addition, the officer took an audio recorded statement of the defendant, however, the police never turned it over to the State. Due to the above issues, the State Dropped the DUI. The defendant also received no conviction for the leaving the scene of the accident charge.

The State dropped the DUI.
Jan 18, 2024 Case: 23-CT-046189 Judge Ingram

The defendant was stopped for having illegal dark tint. Once stopped, the officer observed slow speech, red/bloodshot eyes, and a strong odor of marijuana emanating from the car. He appeared drowsy and fatigued, swayed, and had eyelid tremors. According to the officer, the defendant tried to hide a marijuana blunt in a soda cup in his center console. Believing he was impaired by the marijuana, the defendant performed various field sobriety tests and was arrested for DUI. He later submitted to a urine test which came back positive for marijuana from the lab. He was also charged with felony tampering with evidence for trying to hide/destroy/conceal the blunt.

The firm spoke to the State immediately after the defendant was arrested and convinced them that this was not tampering with evidence,. He never tried to destroy or conceal it as he simply put in a soda cup. The State agreed and never filed the felony charge. Later on, we pointed out that on tape the defendant's normal faculties were not impaired and the officer totally exaggerated the police reports as to the level of impairment. The State agreed and Dropped the DUI to a civil careless driving infraction.
The State dropped the DUI.
Jan 18, 2024 Case: 23-CF-051444 Judge T. Brown

Police were called to a gas station parking lot because the defendant was found passed out behind the wheel. Once they awoke the defendant, they smelled burnt marijuana emanating from the car, her eyes were watery/bloodshot, very slurred speech, a fixed gaze, and her pupils were dilated. She performed various non-physical roadside tests such as the HGN (eye test), finger to nose, and the alphabet. She was then arrested for DUI and later provided a urine test which came back positive from the lab for marijuana and two other controlled substances. She also was also arrested for Felony possession of controlled substance for a pill found in the car to which she didn't have a prescription for.

When police arrived, she was legally parked in a parking space. The caller was unknown, thus making them anonymous. The officer opened her door without making any DUI observations (i.e., no corroboration of the anonymous tip). For all he knew, she was simply sleeping and not doing anything wrong. By the act of opening her door, we put forth that she was illegally being seized along with other facts like the officer pulled in behind her with police lights. The State Dropped the DUI and she also received no felony conviction the possession charge.
The State dropped the DUI.
Jan 18, 2024 Case: 23-CT-010586 Judge Rich
The defendant was stopped for speeding and weaving. The officer noticed glassy eyes, slurred speech, and a strong odor of alcohol. The defendant admitted to having drank 1 alcoholic beverage. He performed poorly on roadside and was arrested for DUI. The officer actually believed he was impaired by drugs and requested urine to which the defendant provided a sample. It was then sent to the FDLE lab.

The lab never turned the report over to the State. Thus, the State could not provide it to the defense. Due to the unknown whereabouts of the lab report the State Dismissed the DUI.

The DUI was dismissed.
Jan 16, 2024 Case: 23-CT-007152 Judge Jewett
The defendant was the at fault driver in a traffic crash. He rearended another car in a parking lot. Officers arrived and noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to being drunk and that he knew he had one too many. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .141 and .142 in the breath machine.
When officers arrived, the defendant was outside his car. After conversations with the State about a lack of a "wheel witness," they Dismissed the DUI.
The DUI was dismissed.
Jan 11, 2024 Case: 23-CT-044958 Judge Garagozlo
The defendant was involved in a traffic crash. The officer noticed the defendant to have an odor of alcohol, a flushed face, glassy eyes, and a sway to his stance. He performed poorly on the field sobriety tests and was arrested for DUI. He then blew a .237 and .231 in the breath machine.
The firm was able to point out to the state via the evidence that the defendant was not at fault in the crash. The other driver failed to yield and slammed into the passenger side of the defendant's car. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Jan 11, 2024 Case: AI9MIVE Judge Komninos
The defendant was found passed out by police in a parking lot. Upon awakening the defendant, they observed a strong odor of marijuana, watery eyes, and he also had a bong in his hand. In addition, his speech was mumbled, he was lethargic and unsteady, and he also admitted to having smoked marijuana the day before. He 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 urine test.
The defendant was simply sleeping in his car in a parking lot. There was no reasonable suspicion of any crime suspected by the officers to legally justify them opening his door. Also, the defendant was not in actual physical control as he had no capability to operate the car as he was sleeping in a parking lot.
The State dropped the DUI.
Jan 11, 2024 Case: AI9MCYE Judge Lawhorne
The defendant was stopped for driving at a high rate of speed (over the speed limit) and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and a thick/slurred tongue. He was unsteady, staggered, and swayed. According to the DUI officer, he performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.

The officer who stopped the defendant did not smell any alcohol and did not observe any slurred speech. In fact, he told the DUI officer that he did not think the defendant was signal one (code for DUI). Yet, he was still being unlawfully detained for a DUI investigation. On tape, the defendant was not unsteady, never staggered, and didn't sway. Also, he also performed very well on the field sobriety tests on tape as compared to what was written. The DUI officer was making the defendant out to be a falling down drunk which was the complete opposite of the video tape. Now that the arresting officer's credibility was called into question, as the reports were totally contradicted by videotape, the State Dropped the DUI.

The State dropped the DUI.
Jan 11, 2024 Case: AI9MANE Judge Lawhorne
The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, glossy eyes, and his speech was delayed and slurred. After performing various roadside tests, he was arrested for DUI. He later refused a breath test.
After conversations the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jan 11, 2024 Case: AHFCA6E Judge Lawhorne

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, bloodshot eyes, and he admitted to having drank two beers. The defendant then performed the HGN (eye test) and refused to perform any other tests. He was then arrested for DUI and later refused a breath test.

On tape, the defendant's speech was not slurred, he was not off balance, never swayed, walked normally, stepped out of the car normally, and was very polite. After negotiations with the State, they Dropped the DUI.
The State dropped the DUI.
Jan 9, 2024 Case: 23-CT-010634 Judge Conrad

The defendant was stopped for weaving within her lane, straddling the lane markers, and swerving to avoid a collision with a wall. The officer noticed an odor of alcohol, slurred speech, and she was unsteady. The defendant also vomited in the back seat of the police car. The defendant performed very poorly on field sobriety tests and was arrested for DUI. She later blew a .112 and .113 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.
Jan 9, 2024 Case: 2022CF00226AP Judge Garcia
The defendant was involved in a boating accident resulting in the death of his passenger. Earlier that day it was alleged that the defendant picked up several passengers and proceeded to a popular sandbar. After a few hours, the defendant and his passengers drove to another sandbar closer to home. It is alleged that the defendant was consuming alcohol while on the water. Eventually, the defendant left the sandbar and proceeded to drive towards home. Along the way the vessel allegedly crashed into a channel marker at high-speed, driving several hundred feet into the mangroves. At the same time, the victim was thrown from the boat and subsequently died. As part of the State's evidence, the police recovered all of the electronic data from the boat in an effort to reconstruct the crash. Body worn camera captured the defendant laying bloody in the boat. The initial officer observed several indicators of impairment including slurred speech, bloodshot/watery eyes, as well as a strong odor of alcohol. There were several alcohol "mixers" found in the boat as well. After the defendant was brought to shore he received medical treatment and subsequently air lifted to the hospital. At the hospital, a forced blood draw was performed resulting in a blood alcohol level of .111. The defendant was charged with Boating Under the Influence Manslaughter as well as Reckless Operation of a Vessel Resulting In Death. The defendant was facing 30 years in Florida State Prison.
Parks & Braxton began their independent investigation by taking depositions of all the witnesses that were on the vessel that day. All of the witnesses testified that the victim had been drinking and using drugs throughout the day. Additionally, they stated that at one point the defendant was so intoxicated that he almost fell off the back of the boat while it was in motion. Next, Parks & Braxton took depositions of the fire rescue officers who provided medical treatment onshore. Each witness contradicted the officer's claim that the defendant exhibited several indicators of impairment. The firm then deposed the officer who pulled the data from the boat without a search warrant. The officer provided a federal statute that allowed the officer to pull the data, but not for criminal investigative purposes. Finally, the officers secured the blood test without a search warrant. They alleged that because of the exigent circumstances there was no time to secure a search warrant. However, the independent investigation on the part of the defense clearly revealed that there was plenty of time to apply for a search warrant. In the end, the State Attorney recognized that too much evidence would be lost based on the failure to obtain search warrants. In addition, given the high level of the victim's intoxication, the State could not refute the possibility that the victim either repeated his earlier actions and simply fell off the boat himself or grabbed the wheel which resulted in the crash. The BUI Manslaughter was dismissed. The Reckless Operation of a Vessel Resulting in Death was dismissed. The defendant resolved the case to Misdemeanor Reckless Operation of a Vessel and received no jail.
The Boating Under the Influence Manslaughter and Reckless Operation Resulting in Death were Dismissed.
Dec 21, 2023 Case: 12/21/2023 Judge Garagozlo
The defendant was stopped for following too closely. Officers noticed an odor of alcohol, slurred speech, and he admitted to having consumed several drinks. The defendant then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .140 and .135 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.
Dec 19, 2023 Case: 23-CT-002960 Judge Doyle
The defendant was stopped for turning into the center lane, rather than the right lane which was closest. The officer noticed an odor of alcohol, slow responses, she gave inconsistent answers, and she admitted to having drank 3-4 cans of beer. The defendant performed poorly on field sobriety tests and was arrested for DUI. She later blew a .197 and .198 in the breath machine.
Issues were raised by the firm as to the lawfulness of the traffic stop since no traffic was affected by the turn. In addition, we also raised issues as to whether the officer even had the legal justification to request field sobriety tests as there was no evidence of impairment prior to the request (i.e., no erratic driving pattern, no speech issues, and no balance issues).
The State dropped the DUI.
Dec 14, 2023 Case: AHPG1KE Judge Croff

Anonymous calls went out over police dispatch about a reckless driver and that the driver (i.e., the defendant) was hitting curbs. Officers located the car and went to check on the driver. The defendant was sitting in her car staring aimlessly at her cell phone which was dead and did not even see the officers approach. Officers noticed an odor of alcohol, bloodshot eyes, and slurred/fast speech. She had a flushed face, staggered while she walked, a blank/dazed expression, and swayed while she stood. She then performed poorly on roadside tests and was arrested for DUI. She later blew a .185 and .168 in the breath machine.

When there is an anonymous tip, police officers need corroboration of that tip to show reliability. The reason being is that anonymous tips are at the low end of the reliability scale. Here, the officers did not observe any driving pattern. (i.e., corroboration). Since the defendant was seized without corroboration, the initial contact and seizure of the defendant was unlawful.

The State dropped the DUI.
Dec 14, 2023 Case: AI9MCBE Judge Lawhorne

The defendant was stopped for driving over 90 mph and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. His dexterity was also clumsy per the officer. He was immediately arrested for reckless driving and then the officer put a DUI on him later at the station. At the jail, he refused to perform any field sobriety tests or a breath test.

After viewing the defendant's video tape, it was clear that things were not true. For example, on the body worn camera tapes, one officer on scene says to the stopping officer, "he ran red lights too, correct," and the stopping officer stated in response, "I don't know if he ran any red lights." Yet, it was it written in the police reports that he ran a red light. The officers credibility were now called into question. After bringing this to the prosecutor's attention, they Dropped the DUI and also dropped his reckless driving charge to a civil careless infraction.
The State dropped the DUI.
Dec 14, 2023 Case: 23-CT-010655 Judge Gutman
The defendant was stopped for driving without headlights after dark. The officer observed an odor of alcohol, glassy eyes, and an unsteady stance. He also had a wristband on his hand from a club. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .102 and .096 in the breath machine.
When the defendant blew into the machine, his first result was not a valid sample. However, it showed up as .000, meaning no alcohol. This was brought to the attention of the prosecutor that something may have been wrong with the machine because the defendant performed very well on the field sobriety tests. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Dec 14, 2023 Case: 23-CT-010297 Judge Gutman

The defendant was stopped for weaving, speeding and running a red light. The police officer noticed an odor of alcohol, a flushed face, slurred speech, and he appeared unsteady. He also had a red bar bracelet on his wrist and admitted to having drank alcohol. He then performed various 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.
Dec 12, 2023 Case: 23-CT-006817 Judge Rich
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and watery/glassy eyes. He also had fumbling fingers and used his hands to climb out of the car. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
The firm pointed out to the State, that on video, the defendant's normal faculties were not impaired. His speech was not slurred and he performed excellently on the roadside tests. The State agreed and Dropped the DUI. The defendant received no criminal conviction and no further penalties other than court costs.
The State dropped the DUI.
Dec 12, 2023 Case: 23-CT-007813 Judge Rich
The defendant was stopped for drifting within his lane, fluctuating speeds, following too closely, and rapidly changing lanes. The officer noticed an odor of alcohol, red/watery eyes, and fumbling fingers. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Many of the observations written in the police reports were contradicted by the video tape. The firm had conversations with the prosecutor and they Dropped the defendant's Second DUI.
The State dropped the DUI.
Dec 11, 2023 Case: 23-CT-013524 Judge Damico
The defendant was found parked with her car halfway into a lane of travel and the other half on a shoulder. When an officer approached, he noticed an odor of alcohol and she stated she had drank "two beers." She also had slow/slurred speech, a flushed face, and she kept repeating the same statements. She then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and estimation of 30 seconds. She was subsequently 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.
Dec 11, 2023 Case: 23-CT-013882 Judge Damico

The defendant was stopped for speeding. He was pace clocked by the officer at 125 mph in a 70 mph zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He stated that he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He performed poorly and was arrested for DUI. He later attempted to blow into the breath machine, but kept stopping and then blowing so the police could not get two valid samples. Since he would not blow properly as instructed, it was marked as a refusal.

After conversations with the State about the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Dec 7, 2023 Case: 23-CT-032722 Judge T. Brown
The defendant crashed his truck into a wooded area. When officers arrived on scene, they noticed an odor of alcohol, slurred speech, and he swayed. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .132 and .131 in the breath machine.
When officers arrived, the defendant was seen walking down the road. Upon contact with the defendant, he denied being the driver. Officers then spoke to a witness to the crash, but he couldn't identify the defendant as the actual driver. The State had a problem placing the defendant as the driver.
The State dropped the DUI.
Dec 7, 2023 Case: 23-CT-035729 Judge T. Brown

The defendant was the at fault driver after crashing into several large barricades. When officers stopped the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He also had a flushed face, admitted to having drank four beers, and a sway while standing and walking. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .156 and .140 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 7, 2023 Case: 23-CT-044028 Judge Silverman
The defendant was found by police unconscious in his car with the car in drive and his foot on the brake. Officers attempted to awake the defendant and even had to break the window. They noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He then performed various 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.
Dec 7, 2023 Case: 23-CT-039341 Judge Silverman
The defendant was stopped for having an empty license plate space on the rear of the vehicle and crossing over into the solid white bike lane. The officer observed an odor of alcohol, glassy eyes, and an open Corona beer was found in the cup holder. After performing various field sobriety tests, he was arrested for DUI. He blew under the legal limit in the breath machine so the officer requested a urine test. The defendant complied and the FDLE lab report showed positive results for amphetamines, benzos, and marijuana (all controlled substances).
The defendant did not make any statements about taking any drugs. The State could not prove that he was under the influence of those drugs at the time of the incident as they could have previously been in his system. The State Dropped the DUI and he received no criminal conviction.
The State dropped the DUI.
Dec 7, 2023 Case: 23-MM-043998 Judge Atkin
The defendant was the at fault driver in a rear end crash. When officers arrived, they didn't smell any alcohol, but noticed her reactions were slow and deliberate and her voice was low and raspy. The defendant stated she takes Adderall (a CNS stimulant). Believing she was under the influence of drugs, she was asked to perform field sobriety tests such as HGN/VGN (eye test, walk and turn, and a one leg stand. She refused to submit to a urine sample, but agreed to submit to a DRE (drug recognition evaluation). The defendant was subsequently arrested for DUI.
The firm has a copy of the police DRE manual. We compared many of the observations made by the initial arresting officer as well as the DRE officer to the manual. They observed many things which were inconsistent with someone who is under the influence of a CNS stimulant (i.e., Adderall). In fact, many observations were consistent with someone who is under the influence of a CNS depressant which would have the exact opposite effect. After conversations the State, they Dropped the DUI.
The State dropped the DUI.
Dec 6, 2023 Case: 23-CT-008203 Judge Taylor
The defendant was stopped for driving with no lights and almost striking another vehicle. The officer noticed an odor of alcohol, she admitted to having drank whiskey, had watery eyes, and slurred speech. She then performed poorly on the field sobriety tests such as the one leg stand and walk and turn. She 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.
Dec 6, 2023 Case: 23-CT-006812 Judge Taylor
The defendant was stopped for driving with an inoperable tag light. The officer noticed an odor of alcohol and bloodshot/watery eyes. 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.
There was no reasonable suspicion of a crime (i.e., evidence of impairment) to even lawfully justify requesting field sobriety tests. In addition, there was no probable cause to even arrest him because he performed the roadside tests almost perfectly on tape. The State Dropped the DUI and the defendant received no penalties other than court costs.
The State dropped the DUI.
Dec 5, 2023 Case: 23-CT-010645 Judge Conrad
The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery/glassy eyes, and slurred speech. He also appeared unsteady on his feet and he admitted to having consumed two beers. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also driving without a valid driver's license.

The firm pointed out to the State, that on tape, the defendant's normal faculties were not impaired. His speech was normal and he was not off balance or unsteady in any way. He also was responsive, coherent, stood without a sway, and walked normally. He also performed the field sobriety tests much better on tape than as described in the police reports. The State watched the video, agreed with our position, and Dropped the DUI. He was also charged with not having a valid driver's license and that charge was Dismissed.

The State dropped the DUI.
Dec 5, 2023 Case: 23-CT-006430 Judge Farr
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated that he had just left a bar, was slow to respond to the officer, and had a noticeable sway. He only agreed to perform the HGN (eye test) and then refused to perform any further field sobriety tests. He was then arrested for DUI and later refused to take 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.
Dec 5, 2023 Case: 23-CT-501265 Judge Gagliardi
The defendant took an on ramp too fast and ended up crashing into a retention pond. The car was totally submerged under water. He was observed swimming out of the car by a civilian witness. When officers arrived, they noticed an odor of alcohol, slurred speech, glassy eyes, and he admitted to having drank alcohol earlier. His clothes were obviously soaking wet. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
The firm announced ready for trial. In our discussions we pointed out to the prosecutor that accidents happen and that not everyone is impaired who is involved in a crash. On tape, the defendant's speech was not slurred, he was standing normally, and he was very responsive and coherent. Also, on tape, the defendant was trying to ask the officer questions and the officer kept shutting him down and would not let him speak. After negotiations short of trial, the State Dropped the DUI.
The State dropped the DUI.
Dec 1, 2023 Case: AGP1ZDE Judge Komninos
The defendant was stopped for driving with only one headlight. The officer noticed an odor of alcohol, a flushed face, a sway to his stance, and bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.

On tape, the defendant's speech was normal, he was not off balance, and he performed very good on the field sobriety tests. We put forth to the State that there was a lack of probable cause to arrest him.

The State dropped the DUI.
Dec 1, 2023 Case: AI9MB4E Judge Komninos
The defendant was stopped for running a red light and almost causing a crash. The officer noticed an odor of alcohol, mumbling/slurred speech, and glassy eyes. He staggered, swayed, and appeared off balance. He then performed the walk and turn, one leg stand, and HGN (eye test) and was arrested for DUI. He later blew a .138 and .133 in the breath machine.
On video, the defendant's speech was normal, he was not off balance, and he did not stagger. His performance on the field sobriety tests was nearly perfect . This clearly showed that he may have been under the legal limit at the time of driving and was absorbing alcohol when he blew into the breath machine.
The State dropped the DUI.
Dec 1, 2023 Case: AHC3ZSE Judge Komninos
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/thick tongued speech, and watery eyes. She also had dilated pupils, an odor of marijuana, and she exited her car slowly. The defendant refused to perform roadside 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.
Nov 29, 2023 Case: 23-CT-010062 Judge Gutman
The defendant was stopped for running a red light. The officer noticed an odor of alcohol and watery/glossy eyes. The defendant performed various field sobriety tests and was arrested for DUI. He later blew a .091 and .090 in the breath machine.
Due to a .02 margin of error in the breath machine, the firm was able to place the defendant's breath tests results under the legal limit. In addition, on tape, the defendant's speech was normal, he was responsive and coherent, and not off balance or unsteady.
The State dropped the DUI.
Nov 29, 2023 Case: 23-CT-037575 Judge Garagozlo
The defendant was stopped for speeding and failing to yield to a police car. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and the defendant was smiling and chuckling. He was clumsy and unsure in handling his documents. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and blew a .087 and .082 in the breath machine.
Under Florida law, one can only be requested to take a breath test after they have been lawfully arrested for DUI. We do not have pre-arrest breath tests in Florida. Here, on tape, the officer asked the defendant for a breath test prior to arresting him. When the defendant stated that he did not want to take it, he was immediately arrested for DUI. While being handcuffed, he then stated that he would take it, but was still placed under arrest. Thus, the State knew that the breath test would be excluded for two reasons. One, he was asked for the breath test prior to being arrested. Secondly, he only took it under duress and coercion in an attempt to not be arrested.
The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-009914 Judge Conrad
The defendant was stopped for running two stop signs and drifting around a corner at high speeds. The officer noticed an odor of alcohol, an unsteady stance, slurred speech, and glassy eyes. She admitted to having drank four (4) Hennessy and Cokes. She performed poorly on roadside tests and was arrested for DUI. She later blew a .146 and .140 in the breath machine.
After conversations with the prosecutor regarding the case and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-008239 Judge Farr

The defendant was stopped for driving without headlights at night. The officer observed an odor of alcohol, glassy eyes, and an unsteady balance. The defendant needed to lean on the officer’s front bumper and an electric box for balance. He performed poorly on roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later blew a .125 and .118 in the breath machine.

After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-007818 Judge Conrad
The defendant was stopped for speeding. The officer noticed an odor of alcohol, the defendant was sweating profusely, and had watery/glassy eyes. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later refused a breath test.

The officer made the defendant out to be a falling down drunk. The video contradicted all the reports. His performance on the field sobriety tests was much better on video than written.

The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-009434 Judge Gutman
The defendant was stopped for speeding, running a red light, and drifting back and forth in his lane. The officer noticed an odor of alcohol, slurred speech, a blank/dazed stare, and poor balance. He had slow/lethargic movements and he admitted to having drank a few beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .173 and .176 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 28, 2023 Case: 23-CT-001523CTAXWS Judge Grey
Officers found the defendant sitting in her car with the engine running while parked in a center grass median. Officers observed an odor of alcohol, bloodshot eyes, and she stated she had way too much to drink. When asked how much alcohol she had consumed, she stated, a lot. Her speech was mumbled/slurred, her face was pale, and she was sleepy and lethargic. She refused to perform field sobriety tests and was arrested for DUI. She 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.
Nov 21, 2023 Case: 23-CT-038462 Judge Atkin
The defendant was stopped for failing to maintain a single lane. Specifically, his tires were constantly crossing into the bicycle lane. Officers noticed an odor of alcohol, a flushed face, and slurred speech. 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 .193 and .203 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 21, 2023 Case: 23-CT-014680 Judge Conrad
The defendant was stopped for making an illegal U-turn. Officers noticed an odor of alcohol and bloodshot eyes. The defendant performed various field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant 's Second DUI arrest.
There was no reasonable suspicion of a crime (i.e., indicators of impairment) to legally authorize the officer to request field sobriety tests. The defendant's speech was not slurred and he was not off balance or unsteady in anyway. Also, the defendant told the officer he had to poop numerous times and was even holding his hand on his butt for the half the video tape. It was obvious, not being allowed to take a bowel movement affected his performance on the roadside tests.
The State dropped the DUI.
Nov 16, 2023 Case: 22-CT-001411 Judge Duckworth
The defendant was stopped for speeding. The officer noticed and odor of alcohol, glassy eyes, and he had an orbital sway. His speech was low and raspy. He performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
The defendant told the officer on tape prior to field sobriety tests about numerous medical ailments he was suffering from. These medical issues could have affected his performance on the one leg stand and walk and turn. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Nov 15, 2023 Case: 23-CT-002463 Judge Culver
The defendant was stopped after he ran a stop sign and nearly struck an officer's patrol car. The officer observed an odor of alcohol, slurred speech, and he had sluggish movements. His eyes were bloodshot and he had difficulty paying attention. He performed very poorly on field sobriety tests and was arrested for DUI. He later blew a .245 and .235 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 15, 2023 Case: 23-CT-026975 Judge Garagozlo
The defendant was the at fault driver in a side swipe crash. Officers observed the Defendant to have an odor of alcohol, glassy eyes, a fixed gaze, and slurred speech. When asked if he had drank any alcohol, the defendant stated, "not much." He then performed various field sobriety tests such as HGN (eye test) and walk and turn. He was subsequently arrested for DUI and later refused a breath test.
The firm pointed out to the State that the defendant stated numerous times that he had to urinate, yet the cops wouldn't let him go. The defendant, being made to hold his urine in and not being allowed to go to the bathroom, could have affected his performance on the field sobriety tests. In addition, we pointed out that on tape, the arresting officer was telling another officer that the defendant may need to be transported even though she hadn't even started the dui investigation. Thus, she had it in her mind that she was going to arrest him no matter what. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Nov 15, 2023 Case: 23-CT-037571 Judge Ingram

The defendant was stopped after he was seen driving the wrong way down a one-way street. He also had no lights on. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was unsteady and stumbled. He then performed various field sobriety tests such as the one leg stand and walk and turn. He was arrested for DUI and later blew a .150 and .142 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 7, 2023 Case: 23-CT-017777 Judge Baker
The defendant was the at fault driver in a sideswipe crash. The defendant left the scene and was later spotted by police standing outside his car on the shoulder of a roadway. They noticed an odor of alcohol, thick tongued/slurred speech, and watery/glassy eyes. He fumbled with his documents and repeated questions. 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. He was also charged with leaving the scene of an accident.
The firm pointed out numerous issues to the State. First, there was no description given of the driver of the car that had left the scene of the accident (i.e., the defendant). When the defendant was found, he was outside of the car, the rental agreement was not in his name, and a significant amount of time had passed. Thus, there was an issue of identity placing him as the driver at the time of the crash. Also, there was no evidence that the defendant hadn't drank after the crash. Thus, they could not prove he was under the influence at the time of the crash. In addition, the officer did not take any pictures of any damage, never even put the defendant in front of the dash camera prior to arrest, and when the defendant can be heard speaking, his speech was normal. The State Dropped the Defendant's Second DUI and he received no conviction on the leaving the scene charge.
The State dropped the DUI.
Nov 7, 2023 Case: 23-CT-033945 Judge Baker

The defendant crashed his car into a light pole. When officers arrived, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. They also found Bush Light beers in the defendant's car and he swayed while he stood. The defendant refused to perform field sobriety tests and was arrested for DUI. He 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.
Nov 7, 2023 Case: 23-CT-036859 Judge Musselman
The defendant was unable to maintain a single lane and drove into the bike lane. The officer noticed an odor of alcohol, watery eyes and his movements were slow and lethargic. The defendant appeared clumsy and unsteady, he swayed, and leaned for balance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
The police reports made the defendant out to be a falling down drunk. The video contradicted the reports as the defendant was not off balance or unsteady in any way. The State Dropped the Defendant's Second DUI.
The State dropped the DUI.
Nov 7, 2023 Case: 23-CT-030141 Judge Musselman

The defendant was stopped for having an inoperable tag light. The office noticed an odor of alcohol, fast/mumbled speech, and glassy eyes. He fumbled with his documents, had dry mouth, and stated he had consumed two mixed drinks. He was unsteady when exiting he car, swayed while he stood, and walked very slowly. He performed poorly on roadside tests and was arrested for DUI. He later blew a .130 and .129 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 7, 2023 Case: 23-CT-0004472 Judge Conrad
The defendant was stopped for weaving. The defendant had an odor of alcohol, slurred speech, and glassy eyes. He also had an unsteady stance. 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. This was the defendant's Second DUI.
The video contradicted the police reports. On tape, the defendant's speech wasn't slurred, he was not unsteady, and appeared responsive and coherent. Prior to trial the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Nov 7, 2023 Case: 23-CT-005779 Judge Gutman
The defendant was stopped for driving with no lights and having an expired tag. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he had difficulty following instructions. The defendant stated he had drank three beers and he also had difficulty following instructions. The defendant refused to perform any field sobriety tests and was arrested for DUI. He 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.
Nov 6, 2023 Case: 23-CT-501223 Judge Gonzalez

The defendant was stopped for an inoperative rear brake light and failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and he moved slowly. The defendant also had bloodshot/watery eyes, had difficulty concentrating, and stated he had drank two shots of alcohol. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. The defendant was then arrested for DUI and later refused a breath test.

There was no video in the case. The firm pointed out to the State prior to the trial date that the police reports were vague and lacked any specific details regarding the defendant's performance on the field sobriety tests. The State agreed and Dropped the DUI.
The State dropped the DUI.
Nov 6, 2023 Case: 23-CT-502037 Judge Paluck
The police received calls about a reckless driver running cars off the road and stopping in the middle of the road (i.e., the defendant). Police located his car and made contact with him as he was stopped in the middle of the road. They observed an odor of alcohol, watery eyes, slurred speech, and he also staggered while walking. The defendant was unsteady and denied drinking any alcohol. He refused to perform any roadside tests and was arrested for DUI. He 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.
Nov 2, 2023 Case: AH5O1YE Judge Lawhorne
The defendant was stopped on his motorcycle for making a right turn on red in violation of a no turn on red sign. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred/mumbling speech. He staggered, swayed, and appeared unsteady. The defendant stated he had drank one Bud Light 16 ounce beer. He performed poorly on various field sobriety tests such as the one leg stand, estimation of time, and finger to nose. He was then arrested for DUI. This was the defendant's Fourth DUI.
The firm provided the State with various medical records from the defendant. We pointed out that his speech was so slurred because he had suffered from throat cancer and that his why his speech sounded like it did. In addition, he had various back and knee problems causing him to appear very unsteady and off balance. He tried telling the officer all of this on tape. After several conversations the State regarding the evidence and the defendant's medical history, the State Dropped his Fourth DUI.
The State dropped the DUI.
Nov 2, 2023 Case: AHPFZHE Judge Croff
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred/thick-tongued speech, and watery/bloodshot eyes. He also had a dazed and blank expression on his face. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test.

After conversations with the State regarding the lack of evidence on tape that the defendant's normal faculties were impaired, the State agreed to Drop the DUI.

The State dropped the DUI.
Oct 31, 2023 Case: 23-CT-006253 Judge Conrad

The defendant was found by police sitting in his running car while stuck on the railroad tracks. Officers observed an odor of alcohol, slurred/rambling speech, and bloodshot/glassy eyes. The defendant performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.

Many observations written in the police reports were over exaggerated as compared to the video tape evidence. After conversations with the State, they agreed and Dropped the DUI.
The State dropped the DUI.
Oct 30, 2023 Case: 23-CT-001824-O Judge Amy Carter
The defendant lost control of his car and crashed into multiple parked vehicles. When the officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. He staggered while walking, appeared very unstable, and would stumble around. There was also feces in his pants. He refused to perform field sobriety tests and was arrested for DUI. He later blew a .174 and .172 in the breath machine.

Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was coerced and misled into taking a breath test. The defendant is from Texas and had a Texas driver's License. On tape, at the breath testing facility, the officers were leading him to believe that if he refused a breath test, his license would also be suspended in Texas and that Florida's implied consent law also applied to Texas. That was misinformation. Based on that misinformation, he agreed to take the breath test. In addition, on tape, his speech was not slurred and he never staggered or appeared off balance. The Judge Granted the motion and suppressed (excluded) the breath test results from evidence. The firm then announced ready for trial. A few days before the trial date, the State Agreed to Drop the DUI.

The State dropped the DUI.
Oct 25, 2023 Case: AGP2DJE Judge Komninos
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy/watery eyes, and a flushed face. The defendant exhibited poor ability to understand and he had a sway to his stance. The defendant denied drinking any alcohol. 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.
Oct 25, 2023 Case: AGP09EE Judge Komninos
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, a sway, and he was emotional. The defendant denied drinking but admitted to smoking pot earlier in the evening. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .135 and .134 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 24, 2023 Case: 22-CT-502241 Judge Gagliardi
Police were called to an apartment complex regarding the defendant being passed out in his car. The caller also advised there were several beer cans located in the car. When police arrived, they awoke the defendant, identified themselves as police and made verbal requests to exit the car. The defendant responded by saying "go fuck yourselves." Once the defendant was extricated from the car, the officers observed an odor of alcohol, a flushed face, bloodshot eyes, and stuttered/slurred speech. The defendant was then asked to perform field sobriety tests and responded by saying "fuck you, I am a veteran." He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The firm filed a pretrial motion to suppress all the evidence based on an illegal search and seizure. In our motion, we alleged that the officers unlawfully ordered the defendant to exit his car without any reasonable suspicion of a crime (i.e. DUI observations). Those DUI observations were not made until after the defendant was unlawfully extricated out of the car for no reason other than sleeping. It should also be noted, this is the same complex where the defendant resides. The Judge granted the motion and threw out all of the evidence. The State Dismissed the defendant's Second DUI.
The DUI was dismissed.
Oct 24, 2023 Case: 22-CT-502875 Judge Gagliardi
The defendant was the at fault driver in a multi vehicle crash. When officers arrived, they noticed an odor of alcohol, unsteadiness on his feet, and he admitted to drinking some beer and cocktails. His speech was mumbled and not understandable and his eyes were red and watery. He refused to perform roadside tests and also refused a breath test. He was then arrested for DUI.
The firm filed two pretrial motions. The first was to exclude the refusal to perform field sobriety tests. Under Florida law, an officer must advise a defendant of any adverse consequences for refusing. Here, none were given, and the Judge granted our motion excluding the refusal to perform roadside tests. We also filed a motion to exclude the refusal to provide a breath sample. Under Florida law, a breath test can only be requested after a lawful arrest. Here, the officer requested a breath test prior to arrest. The Judge also granted that motion excluding his breath test refusal. The firm announced ready for trial and the State Dropped the DUI.
The State dropped the DUI.
Oct 19, 2023 Case: AH5PQQE Judge Hessinger
The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor an alcohol, very slurred speech, and glassy eyes. She stumbled while exiting the car and swayed while standing. She only agreed to perform HGN (eye test), argued with the police, and was then arrested for DUI. The defendant was also charged with resisting an officer without violence because she would not listen to the police at the breath testing center. In addition, she was charged with Felony Bribery because she told the police she would pay them to take the cuffs off. Furthermore, she was also charged with Felony battery on a law enforcement officer because she allegedly struck an officer in the chest at the breath testing center. She later refused a breath test.
After conversations with the State regarding the evidence and the defendant, the State Dismissed the two felony charges and Dropped the DUI. She also received no conviction on the resisting charge.
The State dropped the DUI.
Oct 18, 2023 Case: 23-CT-003889 Judge Taylor
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI and later blew a .146 and .142 in the breath machine.
After conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Oct 18, 2023 Case: 23-CT-038491 Judge Ingram
Police were called out to a disturbance. Upon contact with the defendant, he appeared very intoxicated. The officer noticed an odor of alcohol, a flushed face, watery eyes, and he was swaying. His movements were also very slow. The officer told him not to drive and go home. The defendant did not listen and then walked to his car, opened the driver's door and attempted to get in the driver's seat. The officer saw this and yelled at him to stop. The defendant was then detained. He then performed very poorly on the roadside tests and was arrested for DUI. He later refused a breath test.
The firm pointed out to the State that on the body worn cameras you could see the defendant open the door but he never actually got into the driver's seat. Thus, he could not have been in actual physical control and never should have been arrested for DUI. The State agreed and amended the charge to a Failure to Obey an Officer's Command.
The State dropped the DUI.
Oct 17, 2023 Case: 23-CT-004892 Judge Gutman
The defendant was stopped for driving with no lights on. The officer noticed an odor of alcohol, glassy eyes, and an unsteady stance. He also had a wristband on from a club. Due to some physical injuries, he performed a seated battery of field sobriety tests such as a finger to nose while seated, a palm pat, and HGN (eye test). He was then arrested for DUI and later refused a breath test.
Many observations written in the police reports about the specifics of the field sobriety tests were contradicted by the video tape. He was also not unsteady on tape and his speech was normal as well.
The State dropped the DUI.
Oct 17, 2023 Case: 23-CT-005271 Judge Gutman
The defendant was stopped for speeding (80 mph in a 45 mph zone). The officer noticed an odor of alcohol, slurred speech, fumbling fingers, and watery/glassy eyes. She performed various field sobriety tests and was arrested for DUI. She later blew a .166. and .150 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.
Oct 17, 2023 Case: 23-CT-004727 Judge Gutman
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and his bodily movements were uncoordinated. His eyes were glassy, he swayed, and staggered around. The defendant stated he had drank 3 rum and Cokes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .126 and .124 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 12, 2023 Case: 23-CT-026413 Judge Silverman
The defendant was stopped for weaving. The officer noticed an odor of alcohol, he admitted to having consumed a few drinks, and he stumbled. He also braced himself for balance, had slurred speech, and had bloodshot eyes. The defendant was very profane and belligerent towards the police. He then performed poorly on roadside tests, such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused a breath test.

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

The State dropped the DUI.
Oct 12, 2023 Case: 23-CT-031880 Judge Silverman

Police received calls about a reckless driver who was driving crazy and swerving (i.e. the defendant). Another caller responded that the defendant had crashed into a mailbox and left the scene of the accident. Officers conducted a traffic stop and noticed the defendant to have a droopy/drowsy expression, had slow/sluggish movements, appeared unsteady, stumbled, and swayed. His speech was slow at times and he had a red face. The defendant stated he had taken his prescription medicine. There was no odor of alcohol. Believing that he was impaired by drugs, he was asked to perform roadside tests. He performed very poorly and was arrested for DUI. He later provided a urine sample which came back from the FDLE lab positive for amphetamines. The defendant was also charged with leaving the scene of an accident.

The officer's observations of slow/sluggish movements, slow speech, and drowsiness is consistent with someone under the influence of a class of drugs called CNS depressants which would cause one to appear like the defendant. However, he tested positive for an amphetamine (a CNS stimulant) which would have the opposite effect and have inconsistent effects on a person. This was pointed out to the State using the DRE (drug recognition expert matrix chart). The State agreed that the evidence was inconsistent and Dropped the DUI and Dismissed the Leaving the Scene of an Accident charge.
The State dropped the DUI.
Oct 12, 2023 Case: 23-CT-006070 Judge Rich
The defendant was stopped for speeding (80 mph in a 50 mph zone) and weaving. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He had difficulty locating his documents, used the car for support, admitted to having drank earlier, and had a noticeable sway. The defendant was only able to perform the HGN (eye test) and finger to nose exercises due to some knee injuries. He was arrested for DUI and later refused a breath test.

On tape, the defendant's speech was not slurred and he did not appear off balance or unsteady. The State then Dropped the DUI after several negotiations.

The State dropped the DUI.
Oct 12, 2023 Case: 23-CT-007055 Judge Rich

The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank alcohol. He was unsteady and had slow/belabored movements. He then performed various field sobriety tests and was arrested for DUI. He later blew .119 and .109 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 11, 2023 Case: 23-CT-011956 Judge Moses-Stephens
The defendant was stopped after he stopped past the stop bar and almost hit a curb making a wide turn. The officer noticed an odor of alcohol, heavy eyelids, slurred speech, unsteadiness, and a red face. The defendant stated that he had consumed 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .188 and .179 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 10, 2023 Case: 23-CT-005183 Judge Farr
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes and she admitted to having consumed two glasses of wine. Her pants were unbuttoned and unzipped, there was fresh vomit on the driver’s door jam, and she was also unsteady. She then performed various field sobriety tests and was arrested for DUI. She 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 9, 2023 Case: 22-CT-502880 Judge Gagliardi

The defendant was found passed out in her car in a bar parking lot. Security officers from the bar called the police since she was unresponsive. When police arrived, the officer went up to the car and made efforts to wake up the defendant. The defendant would not respond to verbal commands, so the office began to shake her until she opened her eyes. He then began to speak with her to determine if she was in distress. Additionally, the officer asked for her driver's license. She was incoherent and her speech was slurred. The officer then noticed an odor of alcohol, bloodshot eyes, her pants were down, and she exhibited a significant lack of balance once out of her car. She performed extremely poorly on roadside tests which were captured on video and was arrested for DUI. She later blew a .098 and .099 in the breath machine.

Parks & Braxton filed a pretrial motion to suppress the unlawfulness of the initial seizure. In the motion, we alleged that there was no lawful basis for the officer to open her door and ask for a driver's license. Before the officer opened the door he had nothing more than a woman who was sleeping in a car. There were no allegations that she was slumped over the wheel or how long she had been there. The State's response was that the officer was conducting a welfare check to determine if the defendant was either sick or injured. Nonetheless, the officer never called fire rescue. In addition, the officer asked for the defendant's driver's license which makes clear that he was never genuinely concerned about her wellbeing. The law in Florida makes clear that once the officer asked for the defendant's driver's license she was detained. On the morning of the motion the State conceded the motion.
The State dropped the DUI.
Oct 3, 2023 Case: 23-CT-006122 Judge Farr

The defendant was found passed out in her car in the middle of the road. The gear shift was in drive and her foot was on the brake. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and she admitted to having consumed alcohol. On tape, her speech was very slurred. She then refused to perform any roadside tests and was arrested for DUI. She 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.
Oct 3, 2023 Case: 23-CT-005697 Judge Farr
The defendant was stopped for repeatedly weaving from side to side, driving under the speed limit, and also drifting over the lane markers. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Many observations on the field sobriety tests were contradicted by the video tape.

The State dropped the DUI.

Oct 3, 2023 Case: 23-CT-008126 Judge Farr
The defendant was stopped for weaving, fluctuating speeds, and following too closely. The officer noticed an odor of alcohol, red eyes, and he appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .125 and .123 in the breath machine.

The firm pointed out to the State that on three separate occasions interferent was detected on the breath machine when the defendant blew just prior to getting the .125 and .123. Thus, the breath test results may have been compromised by unknown interferent.

The State dropped the DUI.
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