Also serving Volusia County (Daytona)
Call 24/7 Nights, Weekends & Holidays Free Consultations
On tape, the defendant's speech was not slurred and he did not appear unsteady. After negotiations with the prosecutor, the State Dropped his Second DUI.
The defendant was stopped for careless driving. He was alleged to have rapidly accelerated spinning his tires, crossing over three lanes to enter a turn lane, and speeding. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. The defendant later blew .179 and .178 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.
The defendant crashed her car into a ditch. Officers arrived and noticed an odor of alcohol, slurred speech, watery/glassy eyes, and stuttering/slurred speech. The defendant stated that she had consumed three vodka tonics and three shots. She performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was arrested for DUI and later refused a breath test.
The defendant was stopped for driving too slowly and drifting back and forth. Officers stopped the defendant and noticed an odor of alcohol, slurred speech, a sway, and watery eyes. The defendant performed the HGN (eye test), one leg stand, and walk and turn exercises. He was subsequently arrested for DUI and later blew a .143 and .142 in the breath machine.
The defendant was stopped for speeding. Officers observed an odor of alcohol, fumbling fingers, a blank/dazed stare, droopy eyelids, a sway to his stance, and slow/lethargic movements. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. The defendant later refused a breath test.
The defendant's performance on the field sobriety tests was much better on video tape than as described in the reports. Additionally, on tape, his speech was not slurred and he was not lethargic. The State Dropped the DUI after negotiations.
The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, watery eyes, and slurred speech. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .120 and .114 in the breath machine.
The defendant was stopped for running a red light. Officers noticed an odor of alcohol, a flushed face, slurred speech, and he was unsteady. He also staggered and swayed. The defendant only performed the HGN (eye test) and then refused to perform all other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
On tape, the defendant was not unsteady, his speech was not slurred, and he never staggered or swayed. Also, the officer never gave any adverse consequences when the defendant refused roadside tests as required by law. 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 Second DUI.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was stopped for speeding. Officers observed an odor of alcohol, unsteady balance, and red/watery eyes. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .164 and .156 in the breath machine.
When officers arrived, the defendant was standing outside his car. He denied being the driver. Other officers from a different agency were on scene as well and the State could not provide their names. The State could not prove that the defendant was the driver based on a lack of evidence and Dropped the DUI.
The defendant was found by police passed out in his running vehicle in the middle of an intersection. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was arrested for DUI after performing the HGN (eye test), walk and turn, and one leg stand exercises. He later blew a .132 and .130 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
After conversations with the State and providing mitigation evidence to them regarding the defendant, the State Dropped the DUI.
After several conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
After negotiations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
After several conversations with the prosecutor, the State Dropped the DUI.
The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and she had a sway to her stance. She performed the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was subsequently arrested for DUI and later refused a breath test.
The defendant crashed his car into a concrete drain on a front lawn. Officers arrived and noticed an odor of alcohol, watery/bloodshot eyes, and slow speech. The defendant was combative and very sweaty. The defendant then performed the HGN (eye test), walk and turn, one leg stand, finger to nose, alphabet, estimation of 30 seconds, and count backwards exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The defendant was stopped for swerving, improper lane changes, and changing speeds up and down. Officers noticed an odor of alcohol, a flushed face, watery eyes, and she swayed and staggered. Her speech was thick tongued as well. She performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
The defendant was stopped for weaving as he crossed over the lines several times, almost hit a curb, and almost struck another car. Officers observed an odor of alcohol, bloodshot eyes, and he admitted to having consumed three beers. He then performed various field sobriety tests, such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The officer’s reports were contradicted by the video. On tape, he performed much better on the field sobriety tests than as described in the reports. In addition, we raised issues about actual physical control due to the keys being in the defendant's pocket.
The defendant was seen by a witness swerving in traffic, slumped over the steering wheel, and not responding to efforts to be woken up. Officers got called and found the defendant sitting in her car. The defendant had an odor of alcohol, slurred speech, and very slow coordination. A box of wine was observed in the front seat. She exhibited various mood swings, staggered, swayed, and was very unsteady. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
The defendant was found passed out behind the wheel at a green light, car in drive, and his foot on the brake. Officers noticed an odor of alcohol, water/glassy eyes, and slurred speech. After performing various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .117 and .104 in the breath machine.
The defendant was found passed out at red light with his wife and kid in the car. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant performed the HGN (eye), finger to nose, and estimation of 30 seconds exercises. He performed the non-physical tests due to prior injuries. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI arrest.
After negotiations with the State about the defendant and the evidence, the State Dropped the DUI.
After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The defendant was found passed out in his car while parked on a sidewalk with the engine running. Upon awakening the defendant, the officers noticed an odor of alcohol, glassy eyes, and slurred speech. His balance was unsteady and he had trouble communicating. The defendant admitted to consuming multiple drinks. He performed very poorly on field sobriety tests such as the HGN (eye test) and walk and turn. The one leg stand was not done for the safety of the defendant. He was arrested for DUI and later blew a .124 and .120 in the breath machine.
After conversations with the State regarding the evidence and providing mitigation to the State, they Dropped the DUI.
On body worn camera, the officer asked the defendant for a breath test prior to arresting him for DUI. Under Florida law, a breath test can only be requested after one is arrested for DUI (Florida Statute 316.1932). In Florida, we don't have prearrest breath tests or handheld devices. Thus, the refusal to provide a breath sample would have been excluded from evidence due to the officer not knowing the law.
After negotiations with State regarding the evidence and the defendant, they Dropped the DUI.
The defendant was stopped for driving too closely to another car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He was slow to exit the car and also slow when he walked. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .119 and .109 in the breath machine. This was his Second DUI and also enhanced for a child in the car.
The defendant was the at fault in a rear end crash. Officers noticed an odor of alcohol, slurred speech, and he fumbled with his documents. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
After several negotiations with the State regarding the defendant and the evidence, they Dropped the DUI.
The arresting officer had no body worn camera and had no idea how to work his dash camera. On the walk and turn and one leg stand, his car was too close to the defendant and no one could see him from the waist down. Also, during the finger to nose, the defendant was not facing the dash camera so no one could see where he was touching on his nose. After negotiations, the State Dropped the DUI.
The defendant was the at fault driver in a traffic crash and then she left the scene of the accident. Officers noticed an odor of alcohol, an orbital sway, and she stumbled. Her speech was incoherent, she had watery eyes, and a flushed face. The defendant refused to perform any roadside tests and was arrested for DUI. She later refused a breath test.
To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.