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The video was clearly much different from the reports. Specifically, the police body worn camera shows four different officers pulling the defendant over at gunpoint. They immediately cuffed him. Parks and Braxton filed a motion to suppress based on the fact that the officers violated the defendant's constitutional rights by pulling him over at gunpoint for a traffic infraction. The state conceded the merits of the motion and subsequently dropped the DUI. The defendant received no conviction on his record.
The defendant was stopped for bouncing from the center lane to the fog line and her speeds were varying. Officers noticed an odor of alcohol and watery eyes. She then performed the HGN (eye test), began the walk and turn, and then stopped. She refused to finish the exercise, nor do any further tests. She was then arrested for DUI and later refused a breath test.
The defendant was attempting to leave a parking lot and subsequently struck two vehicles. The crash was witnessed by three officers who were working a detail at a bar. The officers ran towards the defendant and noticed that she was attempting to leave the scene. They immediately stopped the vehicle and made contact with the driver. The lead investigator asked her why she was attempting to leave the scene of a crash. The driver stated that she was not involved in an accident. The officers all observed an extremely strong odor of alcohol, bloodshot eyes as well as slurred speech. They asked the defendant to exit the vehicle, but she was unable to stand on her own and was placed back into the car. One of the officers located the owners of the two vehicles that were struck in the accident and brought them to the crash scene. In court, one of the owners stated that the defendant was extremely uncooperative and could not stand on her own. The defendant was eventually asked to perform field sobriety tests to which she refused. She stated that she was not in an accident and not "drunk." She was subsequently asked to provide a breath test and was arrested for DUI. The defendant blew a .168 at the police station and subsequently refused to provide a second sample of her breath.
Many observations on the field sobriety tests were contradicted by the videotape.
The defendant crashed his car into a ditch and collided with a tree line. A civilian witnessed the crash and ran over to help. When the first officer arrived, he noticed an odor of alcohol and vomit on the defendant's shirt. The defendant was then transported to the hospital where another officer met him there. At the hospital, that officer noticed slurred/thick tongued speech and the defendant appeared very confused about the crash. He did not smell any alcohol. A medical blood draw was done which later showed a .252 blood alcohol result (over three times the legal limit).
Parks & Braxton took pretrial depositions of the two officers and the civilian. Due to conflicting sworn statements between the three witnesses, issues were raised by the firm about the lawfulness of the investigation leading up the blood draw.
After conversations with the State regarding conflicts between the videotape and the written reports, the State Dropped the DUI.
The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and she appeared unsteady. Her face was flushed and her eyes were bloodshot. The defendant had a wristband on from a club. After performing various roadside tests such as the walk and turn, HGN (eye test), and one leg stand, she was arrested for DUI. She later refused a breath test.
Many observations on the video contradicted the police reports. Her speech was not slurred, she did not appear to be moving slow, and she seemed responsive and coherent. The State Dropped the DUI after negotiations.
After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The defendant was seen by an officer propping up his motorcycle after he had fallen. The officer went up to the defendant and noticed an odor of alcohol, glassy eyes, and an unsteady gait. The defendant stated he had drank two beers. The officer told the defendant, "don't drive and take an uber or taxi" and you won't be arrested for DUI. About 30 minutes later, the officer spotted the defendant on his bike and moving it. At that time, the officer once again stopped the defendant and began a DUI investigation. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Even though they found marijuana,. the State could not prove he was impaired by the marijuana. Officers noticed nystagmus in the defendant's eyes on the HGN (eye test). When one is under the influence of marijuana, there will be no nystagmus.
After discussions with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, but officers observed the defendant to have constricted pupils, lethargic movements, and slow/raspy speech. The defendant stated that she takes a variety of medicines, all prescribed. Believing she was impaired by drugs, she then performed various field sobriety tests. She was then arrested for DUI and later provided a urine sample. The sample came back from FDLE with positive results for amphetamines and Xanax.
Under Florida law, an officer must advise a defendant of adverse consequences if a defendant refuses to perform field sobriety tests. If they do not, the defendant's refusal would be excluded from evidence. Here, the defendant was not advised of any consequences.
The defendant was stopped for weaving and driving with no headlights. The officer observed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and later refused a breath test.
Police were called as the defendant's car was stuck in a drainage ditch. The officer noticed an odor of alcohol, red eyes, and she had stated she had consumed a few vodka drinks at the club. She then performed various roadside tests such as the walk and turn, finger to nose, and alphabet. She was then arrested for DUI and later blew a .181 and .167 in the breath machine.
The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, droopy eye lids, and a flushed face. He also had bloodshot eyes and appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank vodka. He 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 refused a breath test.
After several conversations with the State about the evidence, the State Dropped the DUI.
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his pupils were small. The defendant stated he had drank beer, exited the vehicle slowly, and appeared unsteady on his feet. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .105 and .105 in the breath machine.
Issues were raised by the firm as to the lawfulness of the traffic stop. The reports were vague as to the exact specifics of the driving pattern.
Officers were dispatched to a disturbance call at a restaurant, caused by the defendant. When they arrived, they found the defendant attempting to leave the parking lot. They observed constricted pupils, glassy eyes and she swayed while she stood. She also had mumbled/slurred speech and appeared agitated. Officers did not smell any alcohol. After performing only the HGN (eye test), she was arrested for DUI. She later refused a breath and urine tests.
Under Florida law, for the State to prove a DUI, a person must be under the influence of alcohol and/or a specific chemical and/or controlled substance. Here, since there was no alcohol involved, they could not prove by which specific controlled or chemical substance allegedly impaired the defendant. The State Dropped the DUI to a Civil Careless Driving Infraction and she received no conviction or points.
The defendant was stopped for weaving and crossing into the bike lane. The officer noticed an odor of alcohol, watery/dilated eyes, and the defendant was irate. She then performed various roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.
After several discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
The defendant was stopped for running a red light. Officers observed an odor of alcohol, swaying/unsteadiness, and his eyes were red and watery. He performed poorly on roadside tests and was arrested for DUI. He later blew a .113 and .113 in the breath machine.
The firm put forth that the defendant could not have had the capability to operate her car while sleeping. Thus, she couldn't have been in actual physical control.
Parks & Braxton had several discussions with the State regarding the evidence. On tape, the officer actually stated that the roadsides are "not normal" and that he "typically doesn't stand on one leg." We pointed this out to the State, and they Dropped the defendant's Second DUI.
Due to various contradictions in the police reports and the videotape evidence, the State Dropped the Defendant's Second DUI and also Dismissed the refusal charge.
Issues were raised by the firm about the lawfulness of the traffic stop due to a lack of corroboration of the driving pattern by the police.
Police were called out to a bar because the defendant was causing a disturbance. When police arrived, the defendant was attempting to drive away. Officers noticed an odor of alcohol, a drowsy/fatigued look, he stumbled, and appeared clumsy. His speech was slow and he was clumsy with his documents. The defendant refused to do roadside tests and was arrested for DUI. He later refused a breath test. He was also charged with resisting arrest for failing to abide by officer commands. He was tasered due to failing to comply.
The defendant was stopped after an officer saw him enter a roadway without stopping, make an illegal U-turn at a red light, and drive at a high rate of speed. The officer noticed an odor of alcohol along with an odor of burnt marijuana, slow/slurred speech, and lethargic movements. After refusing to perform roadside tests, he was arrested for DUI. He later refused a breath test.
There was a lack of probable cause to arrest the defendant based on a lack of evidence. The State agreed and Dropped the DUI.
When the defendant was stopped, he was immediately placed in handcuffs and ordered out of the car at gunpoint. The firm put forth to the State that the initial handcuffing was an unlawful seizure. Since all of the DUI observations were made after the illegal seizure, (i.e.the handcuffing), they were obtained unlawfully.
Under Florida law, two breath samples are required within a .02 margin of error of each other. Here, there were three because the first two were outside the margin of error. Due to discrepancies in the breath results, inconsistencies in the evidence, and several negotiations, the State Dropped the DUI.
The defendant was found unconscious in his running truck in a bar parking lot. Upon awakening him, the officer noticed an odor of alcohol, watery eyes, and he appeared unsteady. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
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