abstract road

DUI Wins

Our Recent Victories

Oct 28, 2020 Case: 19-CT-013373 Judge Myers
The defendant ran a red light and ended up in an embankment. When officers and fire rescue arrived, they noticed the defendant to have an odor of alcohol, thick tongued speech, and a sway while he stood. He was asked to perform roadside tests but he refused. He was then arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
When a defendant refuses to perform roadside tests, the officer must advise of the adverse consequences for refusing. or the refusal is excluded from evidence. Here, the officer did not give any adverse consequences and immediately arrested the Defendant. The State Dropped the Defendant's Second DUI.
The State dropped the DUI.
Oct 28, 2020 Case: 19-CT-012953 Judge Myers
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, watery eyes, fumbling fingers, and slurred speech. She had difficulty following instructions and leaned on the car for balance. Roadside tests were stopped for safety concerns, due to her level of intoxication. She was arrested for DUI and later refused the breath test.
The firm was able to show that the defendant never actually refused to give a breath test and it was due to the machine. The State Dropped the DUI.
The State dropped the DUI.
Oct 28, 2020 Case: 20-CT-000597 Judge Nicola
The defendant was stopped for driving with his high beams on. The officer noticed an odor of alcohol, slurred speech, and a flushed face. He also admitted to having drank 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
The officer's reports exaggerated all the alleged indicators of impairment prior to and during the roadside tests. This was brought to the State's attention by the firm and they Dropped the Defendant's Second DUI and he received no criminal conviction on his record.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-004083 Judge Jeske
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and fumbling fingers. He also had bloodshot eyes and a blank stare. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Parks & Braxton was able to show that there was no probable cause to arrest the defendant for DUI based on all the reports and video tape. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-000303 Judge Jeske
The defendant was stopped after almost sideswiping an officer and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. After performing some field sobriety tests, he was arrested for DUI. He later refused the breath test.
On tape, the officer kept interrupting the defendant. The firm pointed out that this is what caused the defendant's mishaps on the roadside tests, not any alcohol impairment. The State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-003375 Judge Jeske
The defendant was stopped by police after a call went out about a reckless driver. Upon contact, the officers observed an odor of alcohol, watery eyes, and slurred speech. She performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand. She was then arrested for DUI and later blew a .142 and a .141 in the breath machine.
When there is an anonymous call, not only must be it be specific, but officers must corroborate some type of driving pattern. Here, there was no specifics (i.e. reckless driving) and also no corroboration. Since the lawfulness of the stop was called into question, the State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-003345 Judge Farr
The defendant was stopped for speeding. The officer noticed her to have an odor of alcohol, slurred speech, and bloodshot eyes. She also stated that she had drank 3 beers. After performing field sobriety tests, she was arrested for DUI. She later blew. a .097 and a .092 in the breath machine.
The firm was able to take the defendant's breath results below the legal limit due to the .02 margin of error. The State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-000309 Judge Farr
The defendant was stopped for running a red light. The officer observed the defendant to have an odor of alcohol, dilated pupils, and watery eyes. He also was nonreactive to light and had unstable balance. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The video contradicted the officer's reports on numerous specifics on the defendant's performance on the roadside tests. The State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-020145 Judge Farr
The defendant was stopped after a manager at a bar called police saying that the defendant was intoxicated and refused an Uber ride. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed while he stood and admitted to drinking. He was arrested for DUI after performing roadside tests. He later blew. a .129 and a .126 in the breath machine.
There was no corroboration by the officer of any erratic driving pattern or intoxication based on the call. Thus, the lawfulness of the traffic stop was called into question. The State Dropped the DUI.
The State dropped the DUI.
Oct 21, 2020 Case: 19-CT-015915 Judge Myers
The defendant was stopped for running a red light. The officer observed an odor of alcohol and slurred speech. He also had bloodshot eyes and admitted to having drank whiskey and beer. After performing numerous roadside tests, he was arrested for DUI. He later blew a .127 and a .126 in the breath machine.
The defendant performed the HGN (eye test) at the scene. Under Tharpe's Formula, if the officer does not get and angle of onset prior to 45 degrees in the defendant's eyes, he could have a breath alcohol level under the legal limit. Thus, the firm was able to show that the officer did not get an angle prior to 45 degrees and thus the defendant could have had a breath alcohol level under the legal limit at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Oct 21, 2020 Case: 20-CT-001077 Judge Myers
The defendant was stopped after almost hitting a police car. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having drank two IPA beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .168 and a .162 in the breath machine.
The firm was able to show that it was unclear who truly was at fault prior to the defendant being stopped. This called into question the lawfulness of the traffic stop. The State Dropped the DUI.
The State dropped the DUI.
Oct 21, 2020 Case: 20-CT-003696 Judge Myers
The defendant was stopped for having an expired tag. The officer observed an odor of alcohol, fumbling fingers, bloodshot eyes, and difficulty paying attention. The defendant admitted to having consumed alcohol. After performing field sobriety tests, he was arrested for DUI. He later blew a .084 and .084 in the breath machine.
The firm pointed out to the State that there is .005 and .02 margin of error in the breath machine. Thus, the firm was able to place the defendant's breath alcohol results under the legal limit. The State Dropped the DUI.
The State dropped the DUI.
Oct 15, 2020 Case: 20-CT-005321 Judge Gutman
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes, and an unsteady gait. After performing roadside tests, the defendant was arrested for DUI. She later refused the breath test.
The defendant never actually refused the breath test. She tried blowing into the machine numerous times. There was a problem with the machine. The control test solutions are supposed to be between .075 and .085. Here, a control test was .087. This could have led to higher breath result. The State Dropped the DUI.
The State dropped the DUI.
Oct 13, 2020 Case: 20-CT-019997 Judge Ingram
The defendant was stopped by police after a caller dialed 911 stating that the defendant was driving recklessly. Officers spotted the car driven by the defendant and observed her straddling the dashed lines. The officers did not detect an odor of alcohol, but observed the defendant to have mumbled/slurred speech, a flushed face, and she was slow and stumbling. She performed poorly on roadside tests and was arrested for DUI. She later refused to proved a urine sample.
The State could not prove by which specific chemical or controlled substance was impairing the defendant as required by Florida Statute 316.193. The State Dropped the DUI.
The State dropped the DUI.
Oct 13, 2020 Case: 20-CT-019386 Judge T. Brown
A concerned citizen called 911 stating that the defendant was unable to maintain a single lane of travel and was driving over the speed limit. Officers conducted a traffic stop and noticed the defendant to have slow/slurred speech, glassy eyes, and he was unsteady to the point of almost falling over. Believing he was impaired by drugs, the defendant then performed roadside tests. He performed very poorly and was arrested for DUI.
The State has to prove a defendant is impaired by a "specific" chemical and/or controlled substance to convict a defendant of DUI. Here, they they could not and the DUI was Dismissed.
The DUI was dismissed.
Oct 8, 2020 Case: 20-CT-030801 Judge Peacock
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot/glassy eyes. The officer then requested that she perform numerous field sobriety tests. The officer alleged that she failed and she was arrested for DUI. She later blew a .163 and a .149 in the breath machine.
In order to request field sobriety tests, the officer must have reasonable suspicion of a crime. In other words, there must be facts that would lead an officer to believe one was impaired by alcohol. Here, the observations made only led one to believe that she had consumed alcohol and not that she was impaired. The State Dropped the DUI.
The State dropped the DUI.
Oct 8, 2020 Case: 20-CT-026307 Judge Peacock
The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, and a pale face. The defendant swayed, fumbled with his items, and was slow to respond to questions. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .128 and a .128 in the breath machine.
Due to vagueness of the defendant's alleged driving pattern as written in the police reports (i.e. the weaving), the lawfulness of the traffic stop was called into question. The State Dropped the DUI.
The State dropped the DUI.
Oct 7, 2020 Case: 20-CT-501549 Judge Swett
The defendant was stopped for speeding. The officer noticed an odor of alcohol and watery/bloodshot eyes. The defendant then performed the HGN (eye test), walk turn, and one leg stand field sobriety exercises. According the officer, she performed poorly and was arrested for DUI. She later refused the breath test.
There was no video in the case. The firm pointed out to the State that the officer's reports contradicted each other as to many specifics of the defendant's performance on the field sobriety tests. Due to the conflicts in the reports, the officer's credibility was called into question.
The State dropped the DUI.
Oct 6, 2020 Case: 19-CT-015003 Judge Conrad
The defendant was the at fault driver in a rear end crash. There was no odor of alcohol. The defendant's speech was slow and lethargic. He had constricted pupils, droopy eyelids, and slow speech. The officer believed he was impaired by drugs, and not alcohol. He performed poorly on roadside tests and was arrested for DUI. He later provided a urine sample which revealed positive results for numerous illegal non prescribed controlled substances.
The defendant's video tape contradicted the officers written observations. Furthermore, the State couldn't prove that he was under the influence of those drugs that he tested positive for because the police never called a DRE (drug recognition officer) officer to do an evaluation.
The State dropped the DUI.
Sep 29, 2020 Case: 19-005732MU10A Judge Carpenter-Toye
The defendant was stopped for both speeding and weaving. The initial officer smelled a strong odor of alcohol and noticed bloodshot watery eyes. The defendant admitted to both drinking alcohol and smoking marijuana. After noticing that the defendant's pupils were dilated, he called for a DUI task force officer. Upon arrival, the task force officer made the same observations and began to conduct a DUI investigation. The defendant refused to perform any sobriety tests and was arrested for DUI. A search of the vehicle revealed THC oil canisters as well as a vape pen. Throughout the investigation the officers insisted that the defendant had body tremors consistent with both marijuana use as well as high levels of alcohol intoxication.
Parks & Braxton took independent statements (depositions) from the two officers. The statements were completely inconsistent with one another as well as with the video. Based on the inconsistencies by both officers the Prosecutor could not proceed to trial.
The State dropped the DUI.
Sep 23, 2020 Case: 20-CT-002962 Judge Gutman
The defendant was stopped for failing to maintain a single lane. She had an odor of alcohol, slurred speech, and watery/red eyes. She also had fumbling fingers and there was some vomit in the car. She refused to do the roadside tests and was arrested for DUI. She later refused the breath test.
The lawfulness of the traffic stop was called into question by the firm due to the fact that no other traffic was affected by her driving. The State Dropped the DUI.
The State dropped the DUI.
Sep 22, 2020 Case: 20-CT-018465 Judge Babb
The defendant was stopped for driving south bound in the north bound lane and speeding. The officer observed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant refused to do the field sobriety tests and was arrested for DUI. He later refused the breath test.
When a defendant refuses to perform roadside tests, the officer must advise the person of adverse consequences for refusing. If they do not, the refusal gets excluded from evidence. Here, the officer did not advise the defendant of any adverse consequences when he refused. The State Dropped the DUI.
The State dropped the DUI.
Sep 15, 2020 Case: 19-CT-051810 Judge T. Brown
The defendant was stopped for speeding. The defendant had an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to consuming two drinks and his movements were slow and unsure. After performing field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later refused the breath test.
The description of the defendant's performance on the roadside tests was vaguely written with hardly any specifics. The State Dropped the DUI.
The State dropped the DUI.
Sep 10, 2020 Case: 19-CT-002407 Judge Militello
The defendant was stopped when officers observed her driving at a slow rate of speed and weaving. They observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. She was unsteady, swayed, and appeared confused. After performing several field sobriety tests, she was arrested for DUI. She later refused the breath test.
Due to some conflicts between the reports and the video tape, the State Dropped the DUI.
The State dropped the DUI.
Sep 9, 2020 Case: 20-CT-013607 Judge Jacobus
The defendant was stopped coming out of a bar parking lot. According to the officer, his car lost traction and accelerated heavily. The officer observed an odor of alcohol and glassy eyes. The defendant admitted to having drank IPA beers. He then performed roadside tests and was arrested for DUI. He later blew a .08 and a .08 in the breath machine.
In order to lawfully stop an individual, there must be probable cause to conduct the traffic stop. Here, since no traffic or pedestrians were affected by the defendant's actions of peeling out, the stop was unlawful. The State Dropped the DUI.
The State dropped the DUI.
Sep 9, 2020 Case: 19-CT-019691 Judge Gutman
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank alcohol. He then performed numerous field sobriety tests and was arrested for DUI. He later blew a .093 and a .091 in the breath machine.
With the .02 margin of error in the breath machine, the firm was able to place the defendant's breath alcohol results under the legal limit. The State Dropped the DUI.
The State dropped the DUI.
Sep 8, 2020 Case: 20-CT-000066 Judge Farr
The defendant was stopped for weaving. He was straddling the lane markers and drifting from side to side. The officer noticed an odor of alcohol and bloodshot eyes. He then performed field sobriety tests and the defendant was arrested for DUI. He later blew a .153 and a .139 in the breath machine.
No traffic was affected by the defendant's driving and he was stopped very quickly. This called into question the lawfulness of the traffic stop. The State Dropped the DUI.
The State dropped the DUI.
Sep 2, 2020 Case: AALGLIE Judge Bedinghaus
The defendant was stopped for driving erratically. He was driving slow, then fast, and also weaving. The officer observed an odor of alcohol, slurred speech, and he had trouble finding his drivers license. He stated he had drank tequila and beer. After performing the walk and turn and one leg stand tests, he was arrested for DUI.
The police reports over exaggerated the defendant's level of impairment as compared to the police car dash cam video tape. The State Dropped the DUI.
The State dropped the DUI.
Sep 2, 2020 Case: 2018-MM-001126 Judge Hamilton
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. According to the officer she performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Before requesting field sobriety tests, an officer must have reasonable suspicion to believe that the defendant was impaired. There was only evidence the defendant had consumed alcohol. Here there was no erratic driving pattern nor any actual indicators of impairment. The State Dropped the DUI.
The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-003251 Judge Conrad
The defendant was stopped for violating the move over law. Officers observed an odor of alcohol, slurred speech, and lethargic movements. He had glassy eyes and admitting to having drank whiskey. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The lawfulness of the traffic stop was called into question and the defendant could not get over because there were other cars blocking him from doing so. The State Dropped the DUI.
The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-001820 Judge Conrad
The defendant was stopped after almost striking an officer with his car. The officers observed an odor of alcohol, lethargic movements, and slurred speech. The defendant admitted to having drank alcohol. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
The video tape contradicted many of the officer’s written reports. The State Dropped the DUI.
The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-001399 Judge Conrad
The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, thick tongued speech, and watery eyes. He also had to lean on the vehicle for balance. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
On video, the firm pointed out to the State that the officer had the defendant do the walk and turn and one leg stand tests on the highway with cars speeding by and also the roadway had a very large slope. Under the NHTSA guidelines, roadside tests should be conducted on level surface. Thus, any impairment could have been equally attributed to the conditions on the road versus alcohol. The State Dropped the DUI.
The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-016761 Judge Jeske
The defendant was found by police parked in a parking lot after hours. The area had experienced many thefts. The officer then approached the defendant. He was asleep at the wheel. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, bloodshot eyes, he swayed, and was very off balance. The defendant refused roadside tests and was arrested for DUI. He later refused the breath test after vomiting.
A high crime area alone doesn't give an officer "reasonable suspicion" of a crime to order a person to get out of their car. The State Dropped the DUI.
The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-057710 Judge Peacock
The defendant was passed out behind the wheel. When police awoke him, they observed an odor of alcohol, bloodshot eyes, and slurred speech. He swayed while he stood and his dexterity was clumsy. He was arrested for DUI after performing several field sobriety tests. He later blew a .119 and a .108 in the breath machine.
The defendant could not have been in actual physical control because one cannot have the capability of operating the motor vehicle while sleeping. The State Dropped the DUI.
The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-022104 Judge Damico
The defendant was stopped by police as she was stuck on the railroad tracks trying to move her vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. She stumbled and needed help balancing herself. She also stated she had consumed several drinks. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew. a .181 and a .178 in the breath machine.
There were issues as to whether the defendant was coerced into doing roadside tests at the scene. The State Dropped the DUI.
The State dropped the DUI.
Aug 26, 2020 Case: A6WGTQE Judge Dittmer
The defendant was the at fault driver in a rear end crash. Officers didn't smell an odor of alcohol, however, they noticed the defendant seems very confused, he staggered, and swayed while he stood. Believing he was impaired by drugs, he was asked to perform field sobriety tests. He exhibited numerous cues of impairment and was arrested for DUI. He later submitted to a Urine test. The FDLE report later revealed two different controlled substances.
Prior to trial, the firm submitted numerous medical documents to the State showing that the defendant had numerous injuries from a prior accident which severely affected his balance. In addition, we provided proof that he had been prescribed the two drugs to which he tested positive. The State Dropped the DUI.
The State dropped the DUI.
Aug 26, 2020 Case: 19-CM-013013 Judge Jeske
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank beers. The defendant then performed field sobriety tests and was subsequently arrested for DUI. He later refused the breath test.
The defendant had a pelvic hernia which was supported by medical documentation. Yet, the officer still had him do the one leg stand and walk and turn exercises. There was doubt whether any impairment was due to his injury versus alcohol. The State Dropped the DUI.
The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-011321MU10A Judge Diaz
The defendant was stopped for speeding. The officer observed an odor of alcohol and an odor of burnt marijuana coming from the vehicle. The defendant's eyes were red, his face was flushed, and he stated that he had drank beer. In addition, the officer noticed slurred speech and he appeared unsteady. According to the officer, he failed the roadsides and was arrested for DUI. He later refused the breath and urine tests.
Parks & Braxton took a pretrial deposition of the officer. In deposition, upon detailed questioning, the firm was able to establish numerous inconsistencies between his police reports and deposition sworn testimony. As the officer's credibility was now called into question, the State Dropped the DUI.
The State dropped the DUI.
Aug 25, 2020 Case: 20-CT-019479 Judge Friedland
The defendant was stopped after a caller notified police about a driver, the defendant, driving southbound in the north bound lane with no bumper. Upon contact with the defendant, the officer noticed an odor of alcohol and watery/bloodshot eyes. Her face was flushed and she swayed while she stood. After performing numerous field sobriety tests, she was arrested for DUI. She later blew. a .141 and a .141 in the breath machine.
There needs to be corroboration of the driving pattern when an anonymous caller dials 911. Here, the stop was unlawful because there was no corroboration of any erratic driving pattern. The State Dropped the DUI.
The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-016737 Judge Jeske
The defendant was stopped for driving with a defective tag light. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty opening the car door, difficulty understanding instructions, and his dexterity was poor. He refused to do roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Almost every observation that the officer wrote in his reports was contradicted by the video tape. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-019539 Judge Farr
The defendant was stopped for driving with no lights. Officers observed an odor of alcohol, glassy eyes, and he had stated he had drank wine. The defendant agreed to perform the HGN (eye test), walk and turn, and one leg stand exercises. He did not perform to satisfaction and was arrested for DUI. He later blew a .183 and a .177 in the breath machine.
Under the theory of absorption and elimination of alcohol, the video showed that the defendant may have been under the legal limit at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-012687 Judge Farr
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
The firm was able to show many contradictions between the written police reports and video tape. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-017861 Judge Farr
The defendant was involved in a traffic crash. It was determined by police he was not the at fault driver. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he fumbled with his documents. He stated he had drank beer. He performed roadside tests and was arrested for DUI. He later blew. a .167 and a .158 in the breath machine.
The defendant's performance on the field sobriety tests on video contradicted what the officer wrote in the reports. In addition, it was clear from his video that his breath alcohol level was lower at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 20-CT-002553 Judge Farr
The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank 5 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .194 and a .190 in the breath machine.
While conducting the HGN (eye test), one cue that the officer is looking for is to see if the defendant's eyes jerk (called nystagmus) prior to 45 degrees. Under Tharpes formula, if the officer doesn't see an angle of onset prior to 45 degrees, this could indicate the defendant was under the legal limit. Here, the officer never observed an angle prior to 45 degrees leading one to believe he may have been under the legal limit at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-015940 Judge Farr
The defendant was stopped for driving with no lights and speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. Her movements were clumsy and slow, and she had a confused look on her face. After performing roadside tests, she was arrested for DUI. She later blew a .089 and a .089 in the breath machine.
There is a .02 margin of error in the breath machine. Thus, the firm was able to place the defendant 's breath alcohol level under the legal limit at the time of driving.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-014103 Judge Jeske
The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, and unstable balance. The defendant stated he had drank beer. He performed poorly on the roadside tests and was arrested for DUI. He later blew a .195 and a .189 in the breath machine.
The firm was able to demonstrate, that based on various issues on the video, there was a lack of probable cause to make the arrest. The State Dropped the DUI.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-016301 Judge Conrad
The defendant was stopped for running a stop sign. Officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant then performed the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later blew a .162 and a .157 in the breath machine.
There was some confusion on the defendant 's behalf as to whether to take the breath test. There was some conversation back and forth with the officer which left the defendant believing he had no choice but to blow.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-016315 Judge Conrad
The defendant was stopped trying to drive to a checkpoint at the Port. He was detained for police. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty standing and almost fell. He couldn't even perform some of the roadsides due to his level of intoxication. He was arrested for DUI and later blew a .198 and a .190 in the breath machine.
There was no reasonable suspicion of a crime justifying the defendant's detainment by civilian port employees. In legal terms, it was an unlawful citizen's arrest by detaining him until police arrived. The State Dropped the DUI.
The State dropped the DUI.
Aug 11, 2020 Case: 20-CT-000306 Judge Conrad
The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, slurred speech, and red eyes. She was also unsteady on her feet. She was arrested for DUI after performing several filed sobriety tests. She later refused the breath test.
The defendant had several medical issues which could have affected her balance and performance on the walk and turn and one leg stand. The State Dropped the DUI.
The State dropped the DUI.
Aug 6, 2020 Case: 19-CT-018267 Judge Jeske
A civilian called 911 stating that the defendant was driving all over the road. When police found the defendant, he was standing outside his car at a gas station. Officers noticed an odor of alcohol, watery eyes, unstable balance, and slurred speech. He stated he had drank 3 to 4 beers. He performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .216 and a .204 in the breath machine.
Under Florida Statue 901.15, when there is no crash, an officer must observe every element of the crime of DUI, including seeing the defendant either driving or in actual physical control. Otherwise, the arrest is unlawful. Here, the arrest was unlawful because no officer saw the defendant driving or behind the wheel. The State Dropped the DUI.
The State dropped the DUI.
Aug 5, 2020 Case: 2020-CT-014428 Judge Babb
The defendant was stopped for driving with no lights and weaving. The officer observed an odor of alcohol, slurred speech, and glassy eyes. She also admitted to having consumed a couple of drinks. She swayed and appeared unsteady. After performing the roadside tests, she was arrested for DUI. She later blew. a .162 and a .162 in the breath machine.
The reports contradicted the video as to numerous specifics on the field sobriety tests. The State Dropped the DUI.
The State dropped the DUI.
Aug 5, 2020 Case: 20-CT-002585 Judge Gutman
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol and his eyes were bloodshot. He then performed roadside tests such has the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
There must be reasonable suspicion of a crime to request field sobriety tests. In other words, the officer must observe some indication of impairment. Here, there was no erratic driving and the bloodshot eyes and odor of alcohol are indicators of consumption of alcohol, not impairment. Thus, the State was at risk of having all the roadsides excluded from evidence. The State Dropped the DUI.
The State dropped the DUI.
Jul 30, 2020 Case: 19-CT-057709 Judge Peacock
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. His movements were slow, he was clumsy, and he swayed. After performing filed sobriety tests, he was arrested for DUI. He later blew a .20 and a .199 in the breath machine.
Due to contradictions in the reports versus the video, the State Dropped the DUI.
The State dropped the DUI.
Jul 29, 2020 Case: 19-CT-018436 Judge Gutman
The defendant was found passed out his car. Officers observed an odor of alcohol, slurred speech, and watery/glassy eyes. The defendant agreed to perform the walk and turn, one leg stand, and finger to nose exercises. He failed them and was arrested for DUI. He later blew a .136 and a .130 in the breath machine. This was the defendant's Third DUI arrest.
Prior to trial, the firm pointed out issues as to the lawfulness of the initial contact and ordering him out of the car. We put forth that the officers didn't have the requisite reasonable suspicion of crime to justify ordering him to step out. The State Dropped the DUI.
The State dropped the DUI.
Jul 29, 2020 Case: 20-CT-001817 Judge Gutman
The defendant was found passed out in her car in a parking lot. The officers also observed alcohol in the car. It took numerous attempts to get the defendant to respond and wake up. Upon awakening the defendant, they observed an odor of alcohol, slurred speech, and she had to use the car to maintain her balance. She performed poorly on the field sobriety tests and was arrested for DUI. She later blew a .178 and a .159 in the breath machine.
In order to prove that the defendant was in actual physical control, the of State must prove that the defendant had the capability of operating the vehicle. Here, they could not because one cannot operate the vehicle while sleeping. The State Dropped the DUI.
The State dropped the DUI.
Jul 29, 2020 Case: 20-CT-002203 Judge Gutman
The defendant was involved in a crash in a parking garage. The officer observed an odor of alcohol and bloodshot eyes. The defendant agreed only to perform the HGN (eye test). He was then arrested for DUI and later refused the breath test.
The firm pointed out to the State that while performing the HGN (eye test) the defendant stated he had eye damage, yet the officer still continued to check his eyes. The officer didn't even clarify what type of injury it was that could affect the nsytagmus in his eyes. Thus, the officer's credibility was called into question and the State dropped the DUI.
The State dropped the DUI.
Jul 29, 2020 Case: 19-CT-019541 Judge Gutman
The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed while he stood. He performed the field sobriety tests and was arrested for DUI. He later blew a .129 and a .126 in the breath machine.
The video contradicted the officer's reports as to the level of impairment. The defendant's performance on the field sobriety tests also showed that the defendant's breath alcohol level has to have been lower at the time of driving under the theory of absorption and elimination of alcohol. The State Dropped the DUI.
The State dropped the DUI.
Jul 28, 2020 Case: 19-CT-010248 Judge Panse
The defendant was in involved in a single vehicle motorcycle accident whereby he crashed and flipped the bike over. The defendant had already been transported the hospital when police arrived at the scene of the crash. Upon going to the hospital to make contact with the defendant, the officers observed an odor of alcohol. The officer then requested the defendant provide a blood sample. The blood alcohol results from the FDLE lab were a .239 and a .240. The defendant was then charged with DUI.
Under Florida law, there must be more than a mere odor of alcohol to request blood. Here, the blood was drawn illegally without the requisite observations by the officer. The State Dropped the DUI.
The State dropped the DUI.
Jul 28, 2020 Case: 19-CT-023581 Judge Hanser
The defendant was the at fault driver in a rear end crash. Officers observed the defendant to have slurred speech and lethargic movements. He also swayed and had trouble maintaining his balance. There was no odor of alcohol. Believing that the defendant was impaired by drugs, he was asked to perform field sobriety tests. For example, on the alphabet, the defendant missed letters and stated the letters out of order. On the one leg stand, he almost fell. The defendant was then arrested for DUI. The defendant later refused to provide a urine sample.
One cannot simply just be impaired by "something." Here, the State could not prove by which specific drug was impairing the defendant. The State Dropped the DUI and the defendant received no criminal conviction.
The State dropped the DUI.
Jul 27, 2020 Case: 19-CT-020062 Judge Alijewicz
The defendant was stopped for driving with no lights. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and he appeared dazed and confused. He was also observed to have very slurred speech. After performing field sobriety tests, he was arrested for DUI. He later blew a .201 and a .202 in the breath machine.
The officer did not write any specific details as to the defendant's performance on the field sobriety tests in the probable cause affidavit. Due to the vagueness in the reports, the State Dropped the DUI.
The State dropped the DUI.
Jul 20, 2020 Case: 19-CT-504466 Judge Gagliardi
The defendant was the at fault driver in a rear end crash. The defendant allegedly drove at a high rate rate of speed over a bridge and struck another car. The officers observed the defendant to have an odor of alcohol, dilated pupils, and bloodshot/watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath tests.
The impairment observed on the roadside tests, such as the walk an turn and one leg stand, could have as easily been attributed to the defendant being hit in the face by the airbags which caused him to be very unsteady, versus impairment by alcohol.
The State dropped the DUI.
Jul 1, 2020 Case: 19-CT-001340 Judge Burns
The defendant was stopped for weaving. He was crossing over the lane markers numerous times and driving on the grassy shoulder. The officer conducted a traffic stop believing that he may be an impaired driver. The officer observed an odor of alcohol, watery eyes, and he swayed. He refused to do roadsides and was arrested for DUI. He later refused the breath test.
Parks and Braxton filed a motion to exclude any evidence that the defendant refused field sobriety tests. Under Florida case law, a defendant must be given adverse consequences by the officer if he refuses roadside tests, before the refusal can be admissible in court. Here, the officer did not give any. The State Dropped the DUI.
The State dropped the DUI.
Jun 26, 2020 Case: AB6TC6E Judge Bedinghaus
The defendant was stopped for allegedly cutting off a motorcycle. The officer noticed an odor of alcohol, watery/glassy eyes, and mumbled speech. He was also unsteady and admitted to having drank two beers. After performing the HGN (eye test), walk and turn, and finger to nose tests, he was arrested for DUI. Believing he may have also been impaired by a controlled substance, the officer requested urine in which the defendant tested positive for marijuana.
Prior to trial the firm was able to show the State that the defendant had knee injuries which affected his performance on the roadsides. In addition, the State could not prove that he was impaired by marijuana as no DRE (drug recognition officer) evaluated the defendant and marijuana stays in one's system for 30 days. The State Dropped the DUI.
The State dropped the DUI.
Jun 26, 2020 Case: AB7HF3E Judge Bedinghaus
The defendant was stopped for having inoperable taillights. The officer observed an odor of alcohol, bloodshot/watery eyes, and he stated he had drank beer. According to the officer, he failed the roadside tests and was arrested for DUI. He later blew a .084 and a .081 in the breath machine.
The firm was able to point out to the State that the defendant's breath alcohol level was under the legal limit at the time of driving through the theory of retrograde extrapolation. In other words, going back in time. Under Florida law, for one to be guilty of DUI, one has to have an unlawful breath alcohol level "at the time of driving."
The State dropped the DUI.
Jun 26, 2020 Case: AALGCJE Judge Bedinghaus
The defendant was stopped for driving without his headlights. The officer noticed an odor of alcohol, glassy eyes, and mumbling speech. The defendant also had fumbled dexterity and the front of his pants were wet. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
The defendant performed much better on the roadsides on videotape than as described by the officer in his reports. His speech was also clear and he did not appear to be off balance in regards to his dexterity. The State Dropped the DUI.
The State dropped the DUI.
Jun 22, 2020 Case: 19-CT-056664 Judge Babb
The defendant was stopped for an inoperable tag light. The officer noticed an odor of alcohol, red/glassy eyes, and she admitted to having consumed a couple of drinks. The defendant had clumsy dexterity and mumbled speech. After performing field sobriety tests, she was arrested for DUI. She later blew a .184 and a .172 in the breath machine.
Many of the officer's observations, prior to and during the roadside tests, were contradicted by the video tape. The State Dropped the DUI.
The State dropped the DUI.
Jun 11, 2020 Case: AALGFFE Judge Berlin
The defendant was found passed out in his car in a construction site after a call went out about a suspicious vehicle. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot/watery eyes, and dilated pupils. The defendant was unsteady exiting his car and swayed while he stood. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
The video of the roadsides and the defendant's entire demeanor contradicted the officer's reports as to the level impairment. The State Dropped the DUI.
The State dropped the DUI.
Jun 2, 2020 Case: 20-CT-500329 Judge Swett
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, thick tongued speech, and bloodshot/watery eyes. She also had a flushed face. After performing field sobriety tests, she was arrested for DUI. The officer also called in a DRE (drug recognition expert) because he had a belief she was also impaired by a controlled substance in addition to alcohol. She then submitted to the DRE exam at the BAT facility.
After the officer's DRE exam, the DRE officer concluded that she was impaired by controlled substances. The firm was able to show through further discovery that his conclusion was wrong. The State Dismissed the DUI.
The DUI was dismissed.
Mar 10, 2020 Case: 19-CT-016734 Judge Conrad
The defendant was stopped for weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed the field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test.
The officer made the defendant look like a very impaired person on his field sobriety test reports. This was contradicted by the video tape. The State Dropped the DUI.
The State dropped the DUI.
Mar 10, 2020 Case: 2019-CT-012318 Judge Conrad
The defendant was stopped for speeding and cutting off another car. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. The defendant also had a suspended license.
Per the NHTSA manual on roadside tests, officers should use caution administering the walk and turn and one leg stand to people who may be severely overweight. On video, it was clear the defendant was having trouble performing the physical exercises due to weight issues. The State Dropped the DUI and also the suspended license charge.
The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-029266 Judge Jacobus
The defendant was pulled over for weaving. The officer observed an odor of alcohol, watery eyes, a flushed face, and slow movements. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
The officer did not advise the defendant of any adverse consequences, as required by law, when he refused the roadside tests. Thus, the defendant's refusal would have been suppressed. The State dropped the Second DUI to a civil infraction.
The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-051738 Judge Jacobus
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. He also had slurred speech and a drowsy expression. He then performed roadside tests and was arrested for DUI. He later blew a .083 in the breath machine.
Due to the margins of error in the breath machine, the firm was able to bring the defendant's breath alcohol under the .08 legal limit. The State Dropped the DUI.
The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-048644 Judge Jacobus
The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed while he stood. He appeared unsteady and moved slowly. After performing very poorly on the roadside tests, he was arrested for DUI. He later blew a .217 and a .212 in the breath machine.
The firm raised issues as to the lawfulness of the traffic stop. The State Dropped the DUI.
The State Dropped the DUI.
Mar 5, 2020 Case: 19-CT-013977 Judge Farr
The defendant was stopped for weaving and braking erratically. The defendant had an odor of alcohol, bloodshot eyes, and he he swayed while he stood. The defendant only agreed to perform HGN (eye test) and then refused further testing. He was arrested for DUI and later refused the breath test.
Under Florida law, an officer must explain that there are adverse consequences if you refuse to perform field sobriety tests. Here, the officer did not, so the refusal would have been excluded from evidence. The State Dropped the DUI.
The State dropped the DUI.
Mar 4, 2020 Case: 19-CT-017527 Judge Myers
The defendant was stopped for following another car too closely and speeding. The officer noticed an odor of alcohol, slurred speech, and unstable balance. The defendant performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Prior to trial, the firm pointed out to the State that the the defendant had medical issues, yet the officer still had him do the one leg stand versus non physical exercises. Also, many observations were contradicted by the video as the defendant's speech was not slurred and he was not off balance. The State Dropped the DUI.
The State dropped the DUI.
Mar 4, 2020 Case: 19-CT-009766 Judge Jeske
The defendant was the at fault driver in a rear end traffic crash. There was no odor of alcohol, however, the officer observed the defendant to have pinpoint pupils, slow/slurred speech, and he was falling asleep mid-sentence. He also had a very difficult time focusing. After failing roadside tests, he was arrested for DUI. He later provided a urine sample which tested tested positive at FDLE for various controlled substances. This was the defendant's Second DUI.
Although the officer stated in his reports that the defendant was falling asleep, that was contradicted by the video where he seemed alert and awake. Also, the officer should have called for a DUI officer who specializes in detecting impairment by specific categories of drugs, called a DRE (drug recognition officer). That was not done. The State dropped the defendant's Second DUI.
The State dropped the DUI.
Mar 3, 2020 Case: 19-CT-021367 Judge Friedland
The defendant was the at fault driver in a crash. He made a wide turn and hit someone head on. The officer observed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. He swayed and was very unsteady. After performing the roadside tests, he was arrested for DUI. He later blew a .107 a and .106 in the breath machine.
The video evidence contradicted a large majority of what as written in the reports. The State Dropped the DUI.
The State dropped the DUI.
Mar 3, 2020 Case: 19-CT-045707 Judge Friedland
A concerned citizen called police after observing the defendant chugging beers in a Publix parking lot and then drive off. Police then stopped the vehicle. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank 3 beers. He also had slurred speech and his dexterity was clumsy. He performed poorly on the roadside tests and was arrested for DUI. The officer asked for a blood test. The defendant agreed and the FDLE report later indicated a blood alcohol level .186 and .185.
If an officer asks for a voluntary blood test outside of a hospital, the defendant must be informed that it is an alternative to a breath or urine test. Here, the officer did not inform the defendant of that. It was also unclear why the officer was even asking for blood versus taking him to jail to provide a breath test. Thus, the blood would have been suppressed from evidence. The State Dropped the DUI.
The State dropped the DUI.
Mar 2, 2020 Case: 2019-MM-003600 Judge D. Roberts
The defendant was at the wheel of her Boat when she was ordered by Florida Fish and Wildlife police come to the dock, as she was violating a restricted speed zone. The officer noticed an odor of alcohol and bloodshot eyes. The defendant stated she had consumed two drinks. She then performed roadside tests on the officer's boat. She was then arrested for Boating Under the Influence. The defendant refused the breath test after her arrest.
Bloodshot eyes can also have come from being on the water and in the sun, not just alcohol. Based on odor and bloodshot eyes, there was no reasonable suspicion of a crime (i.e. no impairment) to even request field sobriety tests to begin with. Also, when the officer did the eye test (HGN), he got an angle of onset in her eyes prior to 45 degrees. This meant that the defendant may been under the legal limit at the time of driving the boat. This is based on a theory called Tharp's Formula. The State dropped the BUI and the defendant received no conviction on her record.
The State dropped the DUI.
Feb 18, 2020 Case: 19-CT-503983 Judge Paluck
The defendant was found passed out and unresponsive. EMS was called and they got the defendant to regain consciousness. They then brought him into the ambulance for treatment. Police arrived on scene and noticed the defendant to have an odor of alcohol, mumbled speech, and glassy eyes. He seemed confused, clumsy, and was falling asleep. He performed poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test.
Under Florida Statute 901.15, an officer must observed all elements off a misdemeanor crime, such as a DUI. In a DUI, the officer must see the defendant behind the wheel when there is no crash. Here, no officer observed the defendant behind the wheel as he was coming out of the ambulance when police arrived. Thus, the arrest was unlawful pursuant to the above mentioned statue. The State Dropped the DUI.
The State dropped the DUI.
Feb 12, 2020 Case: 19-CT-002783 Judge Sestak
The defendant was found passed out at a gas pump. The defendant advised he was too drunk to drive so he pulled over. Officers noticed an odor of alcohol, glassy eyes, and he was very unsteady. The defendant advised he had been drinking alcohol all day. He refused roadside tests and was arrested for DUI. He later refused the breath test.
On video, the officer received a cell phone call during the DUI investigation. Prior to asking the defendant to do roadsides, the officer is heard telling the caller on the cell phone, referring to the defendant, that he was "gonna snatch his ass and read him implied consent.” In other words, he already had his mind made up he was going to arrest him prior to any investigation. This was brought to the State's attention who hadn't watched the video. The State Dropped the DUI.
The State dropped the DUI.
Feb 11, 2020 Case: 19-CT-017389 Judge Conrad
The defendant was stopped for driving at a slow rate of speed (15 mph in a 30 mph zone). The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant was very unsteady on video and non responsive. The defendant could not perform any roadside tests due to his intoxication level. He was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
In order to violate Florida's Statute by driving too slow, one must affect and/or impede other traffic. The firm provided case law to the State that the stop was unlawful. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Feb 10, 2020 Case: 19-021218MU10A Judge Evans
The defendant was stopped for both speeding and weaving. He admitted to drinking three beers and had slurred speech. In addition, the officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant refused to perform any field sobriety tests or a breath test. A few months after this case, the defendant was arrested again on a new charge of DUI. The prosecutor filed a motion to revoke the defendant's bond and have him incarcerated. Counsel presented the video which contradicted many of the officer's conclusions.
Rather than revoke the defendant's bond, the prosecutor agreed to drop the DUI on the first case. The second case is still pending.
The State dropped the DUI.
Feb 10, 2020 Case: 19-CF-009983 Judge K. Fernandez
The defendant was the at fault driver in a traffic crash whereby he left the scene. When officers finally caught him, they observed the defendant to have slow/slurred speech, and constricted pupils. He also had blood shot eyes, swayed, and was nodding off. The officers believed he was impaired by a chemical or controlled substance. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, officers found liquid, which they believed to be liquid hydrocodone, to which the defendant did not have a prescription. He was he was also charged with Felony possession. This was also the defendant's Second DUI.
First, the firm was able to prove that the drug was not hydrocodone and the officers were wrong. The felony was Dismissed. Also, to convict a defendant of DUI, one has to be impaired by alcohol and/or a chemical and/or a controlled substance. Here, the State could not prove what substance (i.e. not hydrocodone) was impairing the defendant. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Feb 7, 2020 Case: 2019-CT-504346 Judge Gonzalez
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, watery/bloodshot eyes, and slurred speech. She stated she had consumed two glasses of wine and appeared unsteady. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .102 and a .101 in the breath machine.
When the NHTSA manual on roadside tests was created, it stated that an officer should use caution or not even administer the walk and turn or one leg stand to to individuals 60 years old or older. Here, the officer administered those difficult physical tests to a defendant who was almost 70 years old. The State Dropped the DUI.
The State dropped the DUI.
Feb 4, 2020 Case: 19-CT-007727 Judge Farr
The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, slurred speech, and he had fumbling fingers. The defendant had bloodshot eyes and admitted to having consumed a couple of glasses of wine. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The officer's reports exaggerated the defendant's level of impairment as compared to the video tape. The firm pointed out all the specific details to the prosecutor. The State Dropped the DUI.
The State dropped the DUI.
Feb 4, 2020 Case: 19-CT-001164 Judge Bell
The defendant was stopped for driving erratically. He ran a stop sign, rolled past a stop bar, weaved, and almost caused a crash. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having 2-3 beers. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew .186, .147, and .168 in the breath machine.
Only two breath samples are required in the State of Florida. Here, the machine was having issues and three were obtained. Two of them were outside the margin of error.
The State dropped the DUI.
Feb 4, 2020 Case: 19-MM-007569 Judge Collins
The defendant was seen by civilians driving erratically and into oncoming traffic. When officers arrived, they observed an odor of alcohol, slurred speech, and blood shot eyes. The defendant stated she had consumed 2-3 mixed drinks. After performing the field sobriety tests, she was arrested for DUI.
When officers arrived, the defendant was outside her car. Since there was no crash, the arrest was unlawful under Florida Statute 901.15 as no officer saw her behind the wheel.
The State dropped the DUI.
Jan 28, 2020 Case: 19-CT-502728 Judge Hayward
The defendant crashed his car into a ditch. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. He also swayed while he stood and appeared off balance. He told the officers under oath that a few individuals tried to rob him and there was a struggle which caused him to roll the car into the ditch. The defendant refused to perform the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's third DUI and second refusal charge.
Under the legal doctrine of corpus delicti, there must be substantial independent evidence of a crime, other than the defendant's statements. Here, the State could not prove that the defendant was the driver other than his statement admitting to rolling the car into the ditch. The State Dismissed the defendant's Third DUI and also the refusal charge.
The DUI was dismissed.
Jan 28, 2020 Case: 19-021238MU10A Judge Levy
The defendant was speeding and was the at fault drier in a head on collision. Upon arrival, officers observed a strong odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. On video, the defendant dropped his paperwork multiple times. The defendant complained of chest injuries and was taken to the hospital. At the hospital, a DUI officer conducted an investigation and through the interview process the defendant acknowledged to drinking 4 beers. He later refused a blood test and admitted he might he might be over the legal limit. He was arrested for DUI. This was the defendant's Second offense.
Parks & Braxton retrieved a second video. The second video revealed a DUI investigation of the victim in the crash. The State acknowledged the lack of credibility of their wheel witness and dropped the DUI.
The State dropped the DUI.
Jan 27, 2020 Case: 19-CT-035684 Judge Ingram
An anonymous person told the police that the defendant was passing in out of consciousness at a red light. The officer made contact with her and smelled an odor of alcohol. He also observed glassy eyes, slurred/mumbled speech, and she swayed as she stood. She refused to perform roadside tests and was arrested for DUI. This was the defendant's Second DUI.
Parks and Braxton filed pretrial motions to suppress evidence. The first motion was that the defendant was never given any adverse consequences when she refused field sobriety tests. Also, under Florida law, a request for a breath test must be incident to lawful arrest. Here, the officer asked for a breath test on video tape prior to her arrest. The firm then filed a motion to exclude the refusal to provide breath sample. Prior to any motion hearings, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 24, 2020 Case: 19-CT-039783 Judge Jacobus
Officers saw the defendant as his car was stuck in a grassy drainage ditch. Officers observed the defendant to have an odor of alcohol, slurred speech, and he was staggering. The defendant's movements were slow, lethargic, and he also stated he had drank three beers and two shots. The defendant refused to perform roadside tests and was arrested for DUI.
There was no proof that the defendant had driven while under the influence of alcohol because time had passed while the vehicle was stuck in the ditch and it was not operable when the police arrived.
The State dropped the DUI.
Jan 24, 2020 Case: 2019-CT-017464 Judge Bonavita
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had an orbital sway. According to the officer, he failed the field sobriety tests, and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI within five years.
In the NHTSA manual on roadside tests, it states that the area where roadside tests are performed must be level. In the police reports, the officer wrote that the area was level where he had the defendant do the walk and turn and one leg stand. However, the defense pointed out to the State that the parking lot area where they were performed was on a big slope. This was captured on tape. Thus, the roadsides were conducted in violation of the manual. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 22, 2020 Case: 19-CT-010416 Judge Gutman
The defendant was stopped for driving without his headlights activated. The defendant had an odor of alcohol, lethargic movements, and glassy eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .180 and a .176 in the breath machine.
The firm was able to show that the officer's video contradicted the officer's reports. Thus, the officer's credibility was called into question.
The State dropped the DUI.
Jan 22, 2020 Case: 19-CT-013937 Judge Myers
The defendant was stopped for driving with no headlights and no taillights. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. After performing the roadside tasks, she was arrested for DUI. After her arrest, she blew a .123 and a .117 in the breath machine.
Under the theory of absorption and elimination of alcohol, called retrograde extrapolation, the firm was able to put the defendants breath alcohol level under a .08 at the time of driving.
The State dropped the DUI.
Jan 20, 2020 Case: 18-036103MU10A Judge Solomon
The defendant was stopped for speeding, running a red light, and running a stop sign. Officers smelled an odor of alcohol as well as an odor of marijuana. They observed bloodshot eyes and slurred speech. He performed very poorly on the video taped roadside tests and was arrested for DUI. He later refused the breath and urine tests.
The defendant suffers from ADHD, whereby many of the characteristics he exhibits mirror the effects of alcohol impairment. Despite the fact that the defendant's performance on the field sobriety tests were less than perfect, the defendant's medical history proved as a good explanation for the impairment. The State dropped the DUI and he received no conviction.
The State dropped the DUI.
Jan 14, 2020 Case: 19-021210MU10A Judge Pole
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and red/glassy eyes. He also noticed the defendant swaying. The defendant had a flushed face and difficulty locating his registration, which was in his hand. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test.
The video was inconsistent with the police reports and testimony of the officer. The State Dropped the DUI and he received no conviction.
The State dropped the DUI.
Jan 10, 2020 Case: 2019-CT-011168 Judge Harper for Cunningham
The defendant was involved in a crash at a fast food restaurant parking lot. He fled the scene and went back to his neighborhood. The tag on his vehicle was run after police were called and they tracked him down. He was sitting on the ground next to the vehicle in question. The officer observed an odor of alcohol, extremely slurred/not understandable speech, and bloodshot eyes. He was unsteady, lethargic, and very argumentative. He refused to perform field sobriety tests and was arrested for DUI. He was also charged with leaving the scene of an accident and willfully refusing to sign the DUI citation.
Parks and Braxton pointed out to the State that the victim of the alleged crash stated that the truck was red in the 911 call. However, the truck the defendant was found sitting next to was blue. Thus, the caller's credibility about being able to actually ID the defendant as the driver was called into question. We also provided pictures to the State showing no damage. Thus, there was no "accident" as defined by case law. Therefore, the defendant could not have left the scene of an accident. If there was no actual crash initially as defined by the case law, the defendant was then being unlawfully detained by the police. The State Dropped the DUI and Dismissed all the other charges.
The State dropped the DUI.
Jan 8, 2020 Case: 19-CT-007318 Judge Jeske
The defendant was the at fault driver whereby he hit two parked cars. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He swayed as he stood and was not making any sense in his statements to police. He refused to do roadside tests and was arrested for DUI.
Parks & Braxton provided pictures to the State of the defendant's windshield after the crash, showing it had been shattered. The defendant's head had slammed into the windshield. Thus any impairment could have been as equally attributable to the crash versus alcohol. The State Dropped the DUI.
The State dropped the DUI.
Jan 7, 2020 Case: 19-CT-013229 Judge Farr
The defendant was stopped after an officer said the defendant cut him off. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
The officer exaggerated the level of impairment in the roadside reports as compared to the video tape. The State dropped the DUI.
The State dropped the DUI.
2538 results found. Viewing page 1 of 26. Go to page 1 2 3 4 5 6 7  . . . 22 23 24 25 26   Next

Obtain Immediate Legal Help

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.

Get in Touch Now