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DUI Wins

Our Recent Victories

Jun 13, 2024 Case: 23-CT-008966 Judge M. Green

Calls went out over police dispatch that the defendant was driving the wrong way on the highway. Officers located the defendant's vehicle on the grass median facing in the wrong direction, like she had just pulled over. They observed an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two margaritas and was waiting on friends to pick her up. She performed poorly on roadside tests and was arrested for DUI. As the defendant was taking the breath test, she vomited. After a new 20-minute observation period was confuted and she then blew a .146 and .138 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.
Jun 13, 2024 Case: 24-CT-004319 Judge Booras
The defendant was found passed out behind the wheel of his car. The keys were in the ignition. Officers observed an odor of alcohol, vomit on his pants and face, and slurred speech. He stated that he drank some "Long Islands" and swayed while he stood. He performed very poorly on roadside tests such as the one leg stand and walk and turn, then was arrested for DUI. He later blew a .172 and .162 in the breath machine.
Officers need reasonable suspicion of a crime in order to lawfully order someone out of the car when there is no traffic infraction. Here, there was no evidence of any crime (i.e., DUI) since all observations were made once he was outside of the car. For all the cops knew, he could have been just innocently sleeping. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Jun 13, 2024 Case: 24-CT-017750 Judge Farr
The defendant was stopped for weaving. Officer observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. After performing field sobriety tests such as the HGN (eye test), the walk and turn, and the one leg stand, he was arrested for DUI. He later blew a .088 and .085 in the breath machine.
After pointing out that with the .02 margin of error in the machine, the defendant's breath alcohol results could have been under the legal limit. In addition, many written observations in the police reports were contradicted by the body worn camera.
The State dropped the DUI.
Jun 13, 2024 Case: 24-CT-003795 Judge Booras
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and she had glassy/red eyes. The defendant was unsteady exiting her car and swayed while she stood. She agreed to perform the HGN (eye test) and then refused to do any other roadside tests. She was arrested for DUI and later blew a .102 and .099 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.
Jun 11, 2024 Case: AI9MOYE Judge Lawhorne
A call went out over police dispatch about a fight at a strip club. Call notes advised that a Hispanic male, wearing a grey jacket, was leaving the location in a Gray SUV and a tag number was provided. Police then stopped the defendant who was driving the vehicle in question. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also stated that he had consumed two drinks. He refused to perform roadside tests other than the HGN (eye test) and was arrested for DUI. He later blew a .163 and .163 in the breath machine.
Conversations were had with the State regarding the lawfulness of the traffic stop. Here, there wasn't even a call note that the defendant was the aggressor, victim, or what his involvement was at the very least. The description of the defendant was vague at best (i.e., Hispanic male with grey jacket). It wasn't even known how the initial callers were from the club.
The State dropped the DUI.
Jun 11, 2024 Case: 23-CT-004447 Judge Doyle
A BOLO went out for police that the defendant was unable to maintain his lane of travel. Officers located the defendant in a parking lot and approached his car. They observed an odor of alcohol, thick/slurred speech, and glassy eyes. He appeared disoriented, had a drunk like appearance, and stated he should not be driving due to some mental health issues. The defendant performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 6, 2024 Case: 24-CT-000186 Judge Scott
The defendant was found slouched over motionless on the handlebars of his motorcycle on the side of the road. Officers noticed an odor of alcohol, extremely slurred speech, and watery/glassy eyes. The defendant was off balance and admitted to drinking alcohol. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Fifth DUI.

After conversations with the State about the evidence, we pointed out that the defendant was trying to do the right thing by not driving and pulling over to sleep it off. The State Dropped the defendant's Fifth DUI.

The State dropped the DUI.
Jun 5, 2024 Case: 24-CT-014287 Judge Silverman
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant stated he had one drink, exited the car slowly, and 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 .157 and .151 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.
May 30, 2024 Case: 23-CT-002901 Judge Gould
The defendant was the at fault driver in a rear end crash. The first officer on scene noticed the defendant to have slow movements and constricted pupils. She stated he seemed "off", groggy, and confused. Another officer was called to the scene to perform field sobriety tests. The defendant then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and HGN (eye test). He was then arrested for DUI. Two vodka bottles were found in the defendant’s trunk. He later refused a breath test. This was the defendant's Third DUI.

Parks & Braxton took pretrial depositions of the officers involved in the case. At depositions, not one officer could state that they smelled any alcohol on the defendant and none could state by what specific drug they thought was impairing the defendant. Thus, there was no reasonable suspicion of a crime to even justify legally requesting roadside tests. In addition, the officer administering the roadside tests came from another jurisdiction. That was in violation of a mutual aid agreement which did not specifically mention that officers from other jurisdictions can do DUI investigations. After conversations with State, they Dropped the defendant's Third DUI.

The State dropped the DUI.
May 30, 2024 Case: AITZMKE Judge Croff
The defendant was stopped after he was observed drifting side to side in his lane and speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and his pupils were dilated. The defendant admitted to having one beer and having smoked marijuana. He performed various roadside tests and was arrested for DUI. Post arrest, a marijuana cigarette was found in his possession. After his arrest, he provided a urine sample which came back from the lab positive for marijuana.

On video, the defendant performed very well on the roadside tests. We pointed out to the State that there was a lack of probable cause to arrest him. After several conversations with the State, they Dropped the DUI.

The State dropped the DUI.
May 30, 2024 Case: A6MGSQE Judge Lawhorne
The defendant was stopped for weaving over the lanes and having a tag not assigned to the specific vehicle. The officer noticed an odor of alcohol, mumbled speech, a flushed face, she fumbled through her documents, and had glassy eyes. She then performed numerous roadside tests such as the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later blew a .155 and .147 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
May 20, 2024 Case: 24-CT-500165 Judge Gill

The defendant was stopped for having no visible taillights and swerving erratically. The officer noticed an odor of alcohol, bloodshot eyes, and heavy tongued/slurred speech. He also fumbled with his wallet and stated he had consumed two beers. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .090 and .088 in the breath machine.

Many of the observations written in the police reports were contradicted by the video tape. In addition, due to a .02 margin of error in the breath machine, we were able to take the defendant's breath alcohol results below the legal limit. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
May 14, 2024 Case: 23-CT-059243 Judge Garagozlo

The defendant ran a stop sign causing him to crash his car into another vehicle and then into a tree. When the officer arrived, the defendant was moving the airbags out of the way and told the officer that he was "coming from the middle east." The officer observed an odor of alcohol, watery eyes, and slurred speech. While outside the car, he was stumbling around and almost fell over while walking. He refused to perform and field sobriety tests and was arrested for DUI. The defendant later refused a breath test.

The defendant had blood stains and also a cut on his elbow from the airbag. We pointed out to the State that the impairment observed could have been as easily from the severity of the crash and the airbags deploying versus alcohol. After negotiations, the State Dropped the DUI.

The State dropped the DUI.
May 14, 2024 Case: 24-CT-000174 Judge Bell
Callers dialed 911 stating that the defendant was driving all over the roadway and that he was going to cause an accident. An officer was waiting on the median and saw the defendant drive by his position. He then pulled out and observed the defendant weaving and conducted a traffic stop. He observed an odor of alcohol, extremely slurred speech, and bloodshot eyes. The defendant was very unsteady and unable to follow simple instructions. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
After conversations with the State regarding the case, the State agreed to Drop the defendant Second DUI.
The State dropped the DUI.
May 8, 2024 Case: 22-010942CF10A Judge Bailey
The defendant was drinking at a bar when another patron offered to give him a ride home. Despite his excessive level of intoxication, the defendant realized that the individual driving the car was going in the wrong direction. An argument subsequently ensued that eventually became physical. The driver pulled into a gas station several miles down the road and exited the car. The defendant then jumped into the driver's seat and tried to get away. The original driver jumped into the passenger side and began to strike the defendant in the face. They subsequently crashed into the gas station. Upon arrival, several officers observed a strong odor of alcohol, bloodshot eyes as well as extremely slurred speech. In addition, the defendant's face was covered in blood. He was arrested for felony DUI third offense as well as Grand Theft Auto. The defendant had a blood alcohol level of .40 (5 times the legal limit) as well as tested positive for cannabis.
Parks & Braxton took the case over for another lawyer and began to piece together a necessity defense. Specifically, Florida law allows an individual to commit a crime if the offense they committed is outweighed by the harm the were trying to avoid. In this case, the defendant jumped into the driver's seat and attempted to drive away in an effort to avoid being physically battered by the owner of the vehicle. Through our investigation it was revealed that the owner of the car had been a boxer for over twenty years. In addition, based on the officers' body worn camera, it was clear that the defendant's facial injuries were not from the crash, but rather from being beaten by the owner of the car. There was clearly no intent to steal the vehicle. In addition, while the defendant was in the driver's seat at the time of the crash, it was merely in an effort to avoid the greater harm of being assaulted. The felonies were all dismissed.
The State dropped the DUI.
May 7, 2024 Case: 23-CT-012492 Judge Farr
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, slurred speech, and fumbling fingers. She also appeared slightly unsteady on her feet. She refused to perform roadside tests and was arrested for DUI. She later refused a breath test.
On video, the defendant's speech was not slurred and she was not unsteady. In fact, none of her normal faculties were impaired. After discussions with the State, they Dropped the DUI, the defendant received no criminal conviction, and no penalties other than court costs.
The State dropped the DUI.
May 6, 2024 Case: 24-CT-011433 Judge Atkin
The defendant was stopped for making a right on red without stopping and following too closely. The officer noticed an odor of alcohol, slurred speech, and he stated he had drank "a couple." His eyes were bloodshot, he fumbled with his documents, and he appeared unsteady. The defendant then performed various roadside tests such as the walk and turn, one leg stand, finger to nose, finger count, and HGN (eye test). He was arrested for DUI and 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.
May 6, 2024 Case: 23-CT-057677 Judge Atkin

The defendant was the at fault driver in a rear end crash in which airbags deployed. When officers arrived, they found the defendant unconscious (sleeping) in the rear back seat of his vehicle. After several attempts to awaken him, they noticed an odor of alcohol, slurred speech, bloodshot eyes, and he was very unsteady. Officers determined that he was the driver as he had seat belt markings from his left shoulder and there was blood on his hands consistent with the blood on the steering wheel. In addition, he had airbag burns on his arms and it was the front driver's side airbag that deployed. After he was confronted with this evidence, he admitted to having been the driver that rear ended the other car. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .148 and .141 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.
May 1, 2024 Case: 23-CT-055747 Judge Musselman
The defendant was stopped after leaving a closed park after hours. Officers observed an odor of alcohol, slow speech, and bloodshot eyes. He also swayed, stumbled, and staggered. He performed various roadside tests such as the walk and turn, one leg stand, and count backwards. He was arrested for DUI and later blew a .202 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.
May 1, 2024 Case: 24-CT-0144409 Judge T. Brown
The defendant was found slumped over the wheel of his running car in a turning lane. Officers noticed an odor of alcohol, watery eyes, and slurred speech. His dexterity was fumbled as well. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .149 and .136 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.
May 1, 2024 Case: 23-CM-011148 Judge Rich

The defendant crashed his car into a concrete barrier. Upon arrival, officers noticed an odor of alcohol, glassy eyes, and thick-tongued speech. 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.
Apr 30, 2024 Case: 23-CT-016778 Judge Farr
The defendant was stopped for driving the wrong way on a one-way street. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a red face, appeared unsteady, and admitted to having consumed alcohol. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Many aspects of the video contradicted the police reports. Her speech was not slurred, she was not unsteady, and was very responsive and coherent. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Apr 30, 2024 Case: 23-CT-016448 Judge Farr

The defendant was stopped for driving erratically. She was swerving all over the road. Officers observed an odor of alcohol, watery/glassy eyes and slurred speech. She then performed various roadside tests such as HGN (eye test), the walk and turn, and one leg stand. She was subsequently arrested for DUI and later blew a .159 and .157 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.
Apr 29, 2024 Case: 23-CT-503748 Judge Swett
The defendant crashed his truck into a police car while police were on scene blocking off a road for an unrelated traffic crash. Officers observed a faint odor of alcohol, bloodshot eyes, a dazed/blank look, and he appeared sleepy. While outside of the car, he staggered, appeared unsteady, and had slow speech. The defendant agreed to perform the HGN (eye test) and then refused to perform any other roadside tests. He told the officers to "just arrest him." They did arrest him for DUI and he later refused a breath test.
On tape, the defendant was not unsteady, did not stagger, and his speech appeared normal. It was obvious from the tapes that the police arrested him for DUI because they were angry about the crash. After conversations with the State regarding the evidence, the State Dropped the DUI.
The State dropped the DUI.
Apr 25, 2024 Case: 24-CT-500229 Judge Paluck
The defendant ran a stop sign at an intersection and T-boned another car. An off-duty firefighter witnessed the accident. When officers arrived, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had an unsteady gait and his coordination was poor. He then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI. Believing he was also impaired by drugs, a DRE (drug recognition exam) was conducted.

There were many conflicts between the video tape, the DRE report, and the police reports. After conversations with the State about the evidence, they Dismissed the DUI.

The DUI was dismissed.
Apr 25, 2024 Case: 23-CT-006276 Judge Curington

The defendant was stopped for weaving and drifting over the lanes of travel, driving on the lane itself, and also on fog line multiple times. The officer observed an odor of alcohol. He appeared jittery, had slow reflexes, and had slurred speech. He also had a sway to his stance and fumbled for his door latch. He refused to perform any field sobriety tests and was arrested for DUI. The defendant subsequently refused a breath test.

On video tape, his speech was not slurred, he did not appear jittery, did not sway, and exhibited normal reflexes. Furthermore, the officer told him upon stopping him that he recorded a large portion of the driving pattern. That was not true and no driving pattern was on any video tape. The State Dropped the DUI and he received no conviction on his record.
The State dropped the DUI.
Apr 25, 2024 Case: AI9MO8E Judge Lawhorne
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared drowsy. He had a dazed expression, was unsteady, and staggered as he walked. He then performed various field sobriety tests such as HGN (eye test), the walk and turn, one leg stand, and finger to nose. He was arrested for DUI and 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.
Apr 24, 2024 Case: 23-CF-011181 Judge Fuson

The defendant was found passed out in his car by police in a lane of travel. There was no odor of alcohol, but officers, upon awakening him, noticed slurred speech, he kept nodding off, and appeared disoriented. He had bloodshot eyes, was unsteady, and swayed while he stood. Believing he was impaired by drugs, the officers requested him to perform field sobriety tests. He performed very poorly on the walk and turn and one leg stand exercises and was arrested for DUI. He later submitted to a DRE (drug recognition exam) and he also refused to provide a urine sample. Post arrest, drugs were found in the defendant's wallet. Those drugs tested positive for illegal controlled substances and he was also charged with two felony possession charges.

After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI, Dismissed one felony, and he received No Felony Conviction on the other felony.

The State dropped the DUI.
Apr 24, 2024 Case: 24-CT-011445 Judge T. Brown
The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, bloodshot/watery eyes, a flushed face, and slow/slurred speech. He was slow to exit the car, swayed while standing, and all his movements were sluggish. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
On video tape, the defendant's speech was normal, he never swayed, and none of his movements were slow or sluggish. After conversations with the State about the conflicts between the video tape the police reports, they Dropped the DUI to a Civil Carless Driving infraction.
The State dropped the DUI.
Apr 23, 2024 Case: 23-CT-018142 Judge Farr
The defendant was stopped for speeding, driving in between two lanes, and weaving. The officer noticed an odor of alcohol, slurred speech, a dazed/blank stare, and fumbling fingers. He also had confusion, poor balance, and a tired appearance. He performed poorly on various field sobriety tests and was arrested for DUI. He later refused a breath test.
After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 23, 2024 Case: 23-CT-017599 Judge Gutman
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, slurred speech, difficulty giving his attention, and he appeared unsteady. The defendant admitted to consuming 4 beers and also fumbled with his items. He then performed various roadside tests and was arrested for DUI. He later blew a .096 and .092 in the breath machine.
After pointing out the .02 margin of error in the breath machine to the State, we were able to place the defendant's breath test results under the legal limit.

The State dropped the DUI.

Apr 23, 2024 Case: 23-CT-014236 Judge Scott
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady on her feet and admitted to having drank two beers. She refused to perform any field sobriety tests and was arrested for DUI. The defendant agreed to take a breath test but was not blowing properly so the officer called it a refusal. This was the defendant's Second DUI.
On tape, the defendant was not unsteady and her speech was normal. After negotiations with the State, they Dropped her Second DUI.
The State dropped the DUI.
Apr 23, 2024 Case: 23-CT-016771 Judge Gutman
The defendant was stopped for driving westbound in the east bound lane. The officer noticed an odor of alcohol, glassy eyes, and slow moments. He displayed confusion, admitted to having 7 drinks (then changed it to a couple), and also appeared unsteady. He 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 .124 and .122 in the breath machine.

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

The State dropped the DUI.
Apr 17, 2024 Case: 24-CT-000699 Judge Taylor
The defendant was stopped for failing to stop while making a right turn on red, weaving, and speeding. The officer noticed an odor of alcohol, slurred speech, sluggish reflexes, bloodshot eyes, and he also swayed while he stood. The defendant then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was subsequently arrested for DUI and later refused a breath test.
The video contradicted the police reports. On tape, his speech was normal, he did not sway, and did not move sluggishly. He also performed much better on the field sobriety tests on video than as described in the police reports.
The State dropped the DUI.
Apr 17, 2024 Case: 23-CT-003464 Judge Burns
The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was arrested for DUI and later blew a .151 and .148 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.
Apr 16, 2024 Case: 23-006139MU10A Judge Lerner-Wren
The defendant was initially observed driving 12MPH in a 35MPH zone. The defendant crossed over the fog line on three separate occasions nearly striking the curb. The officer attempted to stop the defendant with lights and sirens, but the defendant failed to timely react. The defendant eventually came to a stop. The officer came to the window and observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The officer testified that the defendant struggled with his fine motor skills. The defendant stated he drank 3 beers. He refused to perform any field sobriety tests and was arrested for DUI. He subsequently refused a breath test as well. This was the defendant's 2nd offense for DUI.
Parks & Braxton filed a motion to suppress alleging that there was no legal basis to stop and detain the defendant. At the hearing, the officer testified to the above facts. The prosecutor argued that the defendant was lawfully stopped for a traffic infraction. In addition, the prosecutor argued that the officer had a good faith basis to believe that the defendant was sick or injured, and therefore justified in stopping the defendant to check on his wellbeing. On cross examination the officer acknowledged that he never called for a paramedic and never concluded that the defendant might be ill or injured. In addition, the officer wrote a citation for failure to maintain a single lane and testified that the weaving was the basis for the stop. Counsel provided caselaw to the Judge which stood for the proposition that you cannot stop a vehicle for weaving if no other traffic is affected. The Court agreed, and granted the motion. All of the evidence was excluded and the case was dismissed.
The DUI was dismissed.
Apr 16, 2024 Case: 23-CT-502346 Judge Swett
The defendant was driving eastbound in the westbound lane of travel. Other cars had to take evasive action to avoid a collision. Officers noticed an odor of alcohol, slurred speech, and glossy eyes. The defendant stated he had 2 shots. He 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 regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 16, 2024 Case: 23-CT-502825 Judge Swett
The defendant was involved in a one car rollover crash. When EMS and police arrived, they found the car was upside down. He had to be extracted from the car and was placed onto a stretcher. He was then put inside the ambulance. While inside the ambulance, police spoke with him and detected an odor of alcohol, watery eyes, slurred speech, and he seemed confused. He was taken out of the ambulance and asked to submit to field sobriety tests. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. The defendant later refused a breath test. This was the defendant's fourth or fifth DUI.

The entire investigation was captured on body won camera. The officer wrote that they smelled alcohol inside the ambulance, yet on body worn camera (BWC), the officer can be heard coming out of the ambulance stating, "I cannot smell anything." No one even ever asked the defendant if he had drank that night. In addition, the defendant told them he had knee issues, hip issues, toe issues, and was just upside down in a rollover crash, yet the officers still had him stand on one leg and walk a line. Also, it was evident on tape that the officer conducting the roadside tests was brand new and being trained. Thus, this was a training exercise and the defendant was the guinea pig. After discussions with the State, they Dropped the DUI at trial call.

The State dropped the DUI.
Apr 9, 2024 Case: 23-CT-011805 Judge Farr
The defendant was stopped for running a red light. Officers observed an odor of alcohol, slurred speech, and glassy/watery eyes. He also admitted to having done "shots" of alcohol. After performing various roadside tests such as HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later blew a .189 and .186 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.
Apr 9, 2024 Case: 23-CT-011790 Judge Farr

The defendant was stopped for speeding and weaving all over the road. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. He also had slow movements. The defendant performed roadside tests such as the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. The defendant had a CDL license at the time of arrest.

We pointed out to the State, that on video tape, he performed much better on the field sobriety tests than was written in the police reports. The reports clearly overexaggerated his level of impairment. In addition, on tape, his speech was not slurred and his movements were not slow.
The State dropped the DUI.
Apr 3, 2024 Case: 23-CT-010802 Judge Gutman
The defendant was found by police with his car stuck up against a tree. Officers noticed an odor of alcohol, very slurred speech, unsteadiness, and bloodshot/watery eyes. The defendant stated he had drank 4 to 5 beers and smokes as much weed as he can. His responses to the officer's questions were nonresponsive and made no sense. The defendant refused to perform any field sobriety 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.
Apr 3, 2024 Case: 23-CT-012799 Judge Gutman
Police were called to a gas station for a person down call. Callers advised the defendant was crouched over in his car and unresponsive. Officers arrived and found the defendant unconscious in the driver's seat. They had to use sternum rubs to awaken him. They noticed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, disoriented, and unaware of everything that was happening. He refused to perform roadside tests and was arrested for DUI. The defendant subsequently refused a breath test.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 28, 2024 Case: AHPG4VE Judge Vaccaro
The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a dazed look. He also swayed while he stood and had bloodshot eyes. He performed the HGN (eye test), walk and turn and one leg stand exercises. He was then arrested and later refused a beath test.

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

The State dropped the DUI.
Mar 28, 2024 Case: AI9MLZE Judge Lawhorne

The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, he was nervous and shaking, had bloodshot eyes, and he admitted to having drank vodka and smoked pot. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.

On tape, the defendant performed better on the field sobriety tests than as written in the reports. Also, his speech was not slurred and he was not off balance prior to any roadside tests. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Mar 28, 2024 Case: AI9MM8E Judge Lawhorne
The defendant was stopped for weaving back and forth and speeding. The officer noticed an odor of alcohol, watery eyes, and he had depressed reflexes. He staggered, had mumbling speech, and also swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 28, 2024 Case: AI9MN9E Judge Lawhorne
The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and glassy/watery eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .094 and .090 in the breath machine.
We pointed out to the State that due to the .02 margin of error in the breath machine, both the defendant's breath samples could have been under the legal limit. In addition, on tape, the defendant's speech was not slurred, he walked normally, stood without swaying, was responsive and coherent, and in totality did not appear impaired. After conversations the with State, they Dropped the DUI.
The State dropped the DUI.
Mar 26, 2024 Case: 23-CT-020078 Judge Damico
The defendant was stopped after she was observed by police driving in the bicycle lane and came to an abrupt stop less than a foot from a police car. The officer noticed an odor of alcohol, slurred speech, and open alcohol cans in the car. She performed various field sobriety tests such as the alphabet, estimation of 30 seconds, and walk and turn. She was subsequently arrested for DUI and later blew a .141 and .138.

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

The State dropped the DUI.
Mar 19, 2024 Case: 23-CT-055650 Judge Ingram
The defendant crashed her car into a concrete barrier. She then fled the scene running into the woods. Officers observed a tall glass bottle of tequila on the defendant's passenger floorboard of her abandoned car. About an hour after the crash, the defendant was found by police, a helicopter, and K-9 units hiding in the woods. She had scratches all over, slurred speech, glassy eyes, and droopy eyelids. She was arrested for leaving the scene of an accident and transported to the hospital. In the hospital parking lot, she refused to perform field sobriety tests and then received a DUI charge. She later refused a breath test.
Under Florida law, for the State to convict one of DUI pursuant to Florida Statute 316.193, they must prove that the defendant was under the influence and impaired by either alcohol, a chemical and/or controlled substance. Here, there was no odor of alcohol, no statements about drinking or taking drugs, and no breath or urine test. One cannot simply be impaired by "something." In addition, officers are heard on body worn camera that they don't think they have "enough" to charge her with DUI and only enough evidence to charge her with leaving the scene of an accident. Yet they still arrested her for a DUI. After conversations the with prosecutor, the State Dismissed the DUI.
The DUI was dismissed.
Mar 19, 2024 Case: 23-CT-056590 Judge Ingram

The defendant was stopped for not wearing a seatbelt and accelerating and decelerating for no reason. The Officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having consumed three beers. He was clumsy, unsteady, and fumbled with his documents. He then performed various roadside tests and was arrested for DUI. He later blew a .175 and .172 in the breath machine.

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

The State dropped the DUI.
Mar 18, 2024 Case: 23-CT-002478 Judge Justice
The defendant lost control of his car and crashed into a tree. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and glassy/watery eyes. He had a flushed face, was unsteady, and was repeating things. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .201 and .195 in the breath machine.

The firm provided documentation to the State that the breath machine in question was taken out of service shortly after the defendant was arrested. Thus, the reliability of the defendant's results and the machine itself were called into question. We also provided medical documentation that the defendant had received injuries from the airbags during the crash, yet the officer still had him try to stand on one leg and do a walk and turn. After conversations with the State, they Dropped the DUI.

The State dropped the DUI.
Mar 14, 2024 Case: AI9MOAE Judge Lawhorne
Police were called via dispatch as the defendant was "driving in circles." When officers spotted the car driven by the defendant, they observed her to be driving on a flat tire and failing to maintain a single lane. Officers observed an odor of alcohol, slurred/mumbled speech, and she stated that she had consumed two drinks. The defendant was unsteady, she staggered, and she swayed while she stood. She performed poorly on roadside tests. For example, she recited the alphabet incorrectly, and on the one leg stand, she put her foot down six times and used her arms for balance. She was arrested for DUI and later blew a .179 and .181 in the breath machine.
After several negotiations with the State regarding the defendant and the evidence, they Dropped the DUI.
The State dropped the DUI.
Mar 13, 2024 Case: 23-CT-012317 Judge Stone
The defendant was stopped for swerving in and out of the lanes of travel and also driving below the speed limit. Once stopped, the officer noticed an odor of alcohol and he appeared very nervous. The defendant then performed the HGN (eye test) and finger to nose. He told the officers that he had medical issues with his feet and surgeries so he could not do the one leg stand or walk and turn. He was arrested for DUI and later refused a breath test.
Prior to trial the firm provided the State with pictures of the defendant's feet and legs showing the medical issues. We did this to show that he was telling the truth to the officers. The officer did not have any body worn camera or dash camera. There was a video at the station and it showed the defendant standing ok, walking ok, and speaking normally.
The State dropped the DUI.
Mar 11, 2024 Case: 23-CT-503064 Judge Gonzalez

The defendant was the at fault driver in a traffic crash whereby he T-boned another car at an intersection. When officers arrived, they noticed an odor alcohol and bloodshot eyes. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. There was no video. He was then arrested for DUI and later blew a .121 and .113 in the breath machine.

After numerous discussions and negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 7, 2024 Case: 23-MM-013061 Judge Mckyton
The U.S. Coast Guard stopped the defendant's boat for not having navigational lights on after dark. The officers noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He produced the wrong documents and forgot to respond to requests. He then performed various field sobriety tests used in Boating Under the Influence cases such as finger to nose, palm pat, and hand coordination. He was arrested for BUI and later refused a breath test. The coast guard turned over the arrest to a local police department.
The agency which conducted the roadside tasks was the U.S. Coast Guard. They had no body worn cameras and their police reports were vaguely written with no specifics. After conversations with the State, they Dropped the Boating Under the Influence (BUI).
The State dropped the BUI.
Mar 7, 2024 Case: 23-CT-002559CTAXES Judge Poblick
Dispatch was notified about a driver (i.e., the defendant) driving erratically and weaving in and out of the lanes. The police spotted the vehicle and also observed him swerving all over, almost striking other cars. Once they got him stopped, they observed an odor of alcohol, he admitted to having consumed 3-4 drinks, had slow reflexes, and he kept repeating the same thing. He also had a sway to his stance and had slow movements. He performed poorly on field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
Many observations written in the police reports were contradicted by the video. After negotiations with the State regarding the evidence, they Dropped the DUI.
The State dropped the DUI.
Mar 6, 2024 Case: 23-CT-055130 Judge T. Brown

The defendant was found by the police passed out in the driver's seat of her car at an intersection. Officers banged on the door multiple time without success. After numerous attempts to awaken her, fire rescue had to break the window to gain entry. She was then taken out of the car while still passed out. EMS used Narcan, but still got no response. A relative arrived on scene who advised that he had received a call that she had been drinking at a friend's house. She was then taken to the hospital. The officer then went to the hospital and observed her mumbling and she could not keep her eyes open. Blood was then drawn. The State Attorney's Office proceeded to get the results to see if there was any alcohol and/or drugs in her system. The blood revealed a blood alcohol result of over 500 (the equivalent of a .50 breath alcohol level, over 6 times the legal limit).

During discovery, the firm raised issues with the State about the lawfulness of the circumstances surrounding the blood draw. After conversations and negotiations with the State about the collection of the blood, they Dropped the DUI in which the defendant's blood alcohol over was over six times the legal limit.
The State dropped the DUI.
Mar 5, 2024 Case: 23-CT-015573 Judge Scott

The defendant was stopped by police as he was observed driving the wrong way on a one-way road. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/incoherent speech. He also swayed and appeared unsteady. 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 .180 and .175 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.
Mar 4, 2024 Case: 23-MM-044109 Judge Atkin

An officer observed the defendant drive through a bar parking light at night with no lights on, he appeared to be struggling to stay wake, and he was bobbing his head with his eyes closed at times. The officer made contact with the defendant and observed an overwhelming odor of alcohol, slow/slurred speech, and watery eyes. He was asked to step out of the car. When the defendant was questioning why he had to step out, he was physically extracted from the vehicle. The defendant was then taken to the ground and handcuffed. He later stated he had drank four beers. The defendant was arrested for DUI and resisting an officer without violence. He later refused a breath test.

On tape, it was obvious the officer overreacted and acted prematurely violently toward the defendant. The defendant received an unnecessary beating which was done off camera. Due to him having been pulled out and taken to the ground, there was no actual DUI investigation conducted. After conversations with the State and having them having them review the tape, they Dropped the DUI and Dismissed the resisting without violence charge.
The State dropped the DUI.
Mar 4, 2024 Case: 23-CT-052401 Judge Atkin
The defendant was stopped for driving with no taillights on after dark. The officer noticed an odor of alcohol, red/bloodshot eyes, and slurred speech. The defendant stated he had drank three beers, appeared clumsy, and was unsteady. After performing various roadside tests such as the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .138 and .121 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.
Mar 4, 2024 Case: 23-CT-052410 Judge Atkin
The defendant was stopped for driving the wrong way down a one-way street. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant denied having drank alcohol, exited the car slowly, and also walked slowly. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later blew a .233 and .223 in the breath machine.
On tape, the defendant's speech was not slurred and he was not moving slowly. His field sobriety tests on tape were near perfect. It was obvious that he was much lower than a .233 or .223 at the time of driving, and clearly absorbing alcohol. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Mar 4, 2024 Case: 23-CT-052361 Judge Atkin
Calls were given over radio via 911 about a reckless driver (i.e., the defendant). Officers spotted the defendant and observed him weaving and riding on the bike lane markers. Once stopped they noticed an odor of alcohol, slurred speech, a clumsy appearance, and his eyes were glassy. He moved slowly, stumbled, swayed, and also admitted to having drank four to five beers. He performed poorly on roadside tests and was arrested for DUI.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 4, 2024 Case: 23-CT-054088 Judge Atkin
The defendant was the at fault driver in a traffic crash. He pulled out of a parking lot without yielding and struck a car. Officers arrived and noticed an odor alcohol, his speech appeared confused, and stated he had drank a few beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .106 and .104 in the breath machine.
An officer is required to conduct a 20-minute observation of a defendant prior to them taking a breath test to assure they haven't burped, regurgitated, and/or taken anything by mouth. Here, we could see the defendant on body worn camera being booked into the jail and placed in a holding cell. Fifteen minutes later he is given the breath test. Thus, he was only observed for 15 minutes, not 20 minutes as required. No one was watching him in the locked and sealed holding cell. Thus, the State knew they would lose the breath test in a pretrial motion. Also, we provided medical documentation and X rays from the defendant showing he had various injuries to which he told the officer about on tape. That was disregarded and the officer still had him do physical tests such as the walk and turn and one leg stand. Prior to trial, the State Dropped the DUI.
The State dropped the DUI.
Feb 28, 2024 Case: 23-CT-013266 Judge Weis
The defendant was stopped for driving on a rim and driving all over the road. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech.
Her face was red in color and she admitted to having consumed three alcoholic drinks earlier in the day. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was then placed under arrested and later blew a .137 and .151 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.
Feb 28, 2024 Case: 23-CT-503231 Judge Swett
Police were called to the defendant's residence in response to a "domestic disturbance." As the officer was pulling up with his police lights activated, he saw the defendant in his vehicle almost strike a mailbox, a street sign, and a fire hydrant. The defendant pulled into his driveway and walked into his house. The officer exited his car and proceeded to walk up the defendant's front door. The officer then just simply walked in the house without knocking or asking permission. He walked through the kitchen and found the defendant in the backyard by the pool. Another officer arrived and they noticed an odor of alcohol, bloodshot/watery eyes, and heavily slurred speech. The defendant was asked if they can pat him down and he put his hands up: asking what for, I didn't do anything wrong ? The next thing he knew he was being taken to the ground. He was taken outside to the front of the house and asked to do roadside tests. The defendant was being evasive and refused to comply with the tests. He was arrested for DUI and resisting an officer without violence. He later refused a breath test.
Under the law of the USA and Florida, an officer cannot just walk into someone's house without permission unless there are exigent circumstances, he or she is in fresh pursuit of a fleeing defendant, or a felony. Also, an officer also cannot just enter someone's house without permission for an alleged "domestic disturbance" without knowing anymore facts. In addition, an officer cannot simply walk into someone's house after seeing an alleged traffic violation or for a misdemeanor. Here, the officer on body worn camera, walked up the front door and just walked into the defendant's house like it was his own. The firm provided case law to the prosecutor and the State Dismissed the DUI and the resisting without violence charge.
The DUI was dismissed.
Feb 27, 2024 Case: 23-CT-012481 Judge Farr
The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having consumed two beers and two mixed drinks. He then performed various roadside tests and was arrested for DUI. He later refused a breath test.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 27, 2024 Case: 23-CT-011809 Judge Farr
The defendant was stopped for running a stop sign. The officer noticed an odor alcohol, slurred speech, and bloodshot/watery eyes. He swayed while he stood and had a wristband on from a club. He then performed various field sobriety tests and was arrested for DUI. He later blew a .137 and .137 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.
Feb 27, 2024 Case: 23-CT-012425 Judge Gutman
The defendant was stopped for having no lights on and running a stop sign. The officer noticed an odor alcohol, watery/bloodshot eyes, difficulty concentrating, and slurred speech. He refused to perform any roadside tests and was arrested for DUI. He later refused breath test.
It was apparent from the video that the defendant was being investigated because he and his friends were stopped in a high crime area. There were multiple cops on scene. Also, the defendant was driving a black truck but the DUI ticket stated that the defendant was driving a white truck. In addition, on tape, the defendant's speech was not slurred and he showed no signs of not being able to concentrate. The State Dropped the DUI and the defendant received no probation or any penalties.
The State dropped the DUI.
Feb 27, 2024 Case: 23-CT-012876 Judge Gutman

The defendant was stopped for driving at night with no lights and blocking a crosswalk at a red light. Officers observed an odor of alcohol, a flushed face, fumbling with her documents, slurred speech, and difficulty dividing her attention. She then performed the walk and turn, one leg stand, and HGN (eye test). She was arrested for DUI and later blew a .156 and .154 in the breath machine.

After speaking with the State about the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Feb 27, 2024 Case: 23-CT-011154 Judge Conrad

The defendant was stopped for weaving and pulling into an intersection, backing up onto a crosswalk right next to a cop. The officer noticed an odor of alcohol, slurred speech, and red/glassy eyes. The defendant stated he had drank one beer. He performed various roadside tests and was arrested for DUI. He later refused a breath test.

Many observations made by the officer of the alleged impairment and performance on roadside tests were over exaggerated by the officer in his reports as compared to the officer's body worn camera. After discussions with the State about how the video contradicted the police reports, the State Dropped the DUI.
The State dropped the DUI.
Feb 27, 2024 Case: 23-CT-502266 Judge Gagliardi
The defendant was stopped for swerving and driving too slow. He also almost hit another car and his tires crossed over the lane markers almost striking a curb. Officers observed an odor of alcohol, watery eyes, and he was very sweaty. His speech was slurred and he had difficulty formulating sentences. In addition, his eye lids were droopy, his coordination was slow, and he had an uneven walk. He refused to perform field sobriety tests, was arrested for DUI, and later refused breath test.
The firm announced ready for trial. Discussions were held regarding contradictions between the video and the police reports. The State Dropped the DUI on the day of trial call.
The State dropped the DUI.
Feb 27, 2024 Case: 23-CT-0002251 Judge Gould

The defendant was involved in a crash. She tried to avoid an animal, struck a fence, and ended up in a cow pasture. No police came at that point, but the defendant was treated by EMS. She then left to go to the hospital. After the hospital, she and her family came back the crash site to get the car. A police officer was there inspecting the crash scene. He came into contact with her and asked her questions. The defendant admitted to being the driver at the time of the crash and that she had drank margaritas earlier before the crash. The officer noticed an odor of alcohol and bloodshot eyes. She then was asked to perform various field sobriety tests to which she complied. She was arrested for DUI over three and half hours after the crash. A little over five hours later after the crash, she blew a .065 and .068 in the breath machine. In his report, the officer tried to do a retrograde extrapolation placing the defendant's breath alcohol results at a .143 at the time of the crash.

The firm filed a pretrial motion to exclude the breath test results. In our motion, we provided case law that held a breath test taken over five hours later was not reasonable. In addition, the officer's retrograde extrapolation of a .143 was not accurate or reliable because he did not know when she had her first drink, her last drink, what she ate, and how much alcohol was in the drinks amongst other information. We also filed a motion to exclude her statement about being the driver under the legal doctrine of corpus delicti. This doctrine basically holds that the State must produce some independent evidence other than the defendant's statemen that they committed the crime (i.e., that she drove). Here, they could not, because when EMS arrived, she was standing with other people.
The DUI was dismissed.
Feb 26, 2024 Case: AD4ACOE Judge Bach-Armas
The defendant was stopped for failing to yield and almost hitting a police car. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed various field sobriety tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI and later blew a .099 and .091 in the breath machine.
The firm announced ready for trial. The arresting officer had a body worn camera. However, he did not have it positioned correctly and no one could see the defendant from the waist down on the walk and turn or one leg stand. In other words, we could not see how he actually performed. In addition, due to a .02 margin of error, we were able to place the defendant's breath test results under the legal limit. On the day of trial, the DUI was Dismissed.
The DUI was dismissed.
Feb 22, 2024 Case: A77AR9E Judge Croff
The defendant was involved in a sideswipe traffic crash. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant also had mood swings, provided inconsistent statements, and was unsteady. She refused to perform field sobriety tests, was arrested for DUI, and later refused a breath test.

The firm was able to provide evidence to the State that the defendant was not the at fault driver and that the other driver was as equally as culpable for the crash. In addition, the officer made the defendant out to be a falling down drunk in his reports which was not the case on the video tape.

The State dropped the DUI.
Feb 22, 2024 Case: AI9MG6E Judge Komninos

The defendant was stopped for swerving all over the road. The officer observed an odor of alcohol, watery eyes, and he was fumbling over his words. He also staggered as he exited the vehicle. He then performed various roadside tests such as HGN (eye test) and the walk and turn. While being instructed on the one leg stand, the defendant began to express his displeasure with the tests and would not stop interrupting the officer. At that point, he was placed under arrest 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.
Feb 22, 2024 Case: AHC454E Judge Komninos
The defendant was stopped for speeding. The officer noticed an overwhelming odor of alcohol, bloodshot/glassy eyes, and thick/slurred/mumbled speech. She also had a blank expression and a drunk appearance. After performing numerous field sobriety tests, she was arrested for DUI. She 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.
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.
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