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DUI Wins

Our Recent Victories

Jun 10, 2025 Case: 25-CT-000273 Judge Rich
The defendant was stopped for speeding. Officers noticed an odor of alcohol, glossy eyes, slow responses, and an unsteady balance. He performed poorly on the field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 10, 2025 Case: 25-CT-000274 Judge Rich
The defendant was involved in a traffic crash. Officers arrived and noticed an odor of alcohol, watery eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and walk and turn exercises, she was arrested for DUI. She later blew a .107 and .104 in the breath machine.
During pretrial negotiations, we pointed out that the defendant was not the at fault driver in the crash. The other driver caused the crash and he also was arrested for DUI. In addition, the officer had the defendant doing the field sobriety tests on the side of the highway on a very slanted portion and with cars whizzing by.
The State dropped the DUI.
Jun 10, 2025 Case: 25-CT-000019 Judge Rich
The defendant was stopped for driving at a high rate of speed and almost causing a crash. Officers observed an odor of alcohol, slurred speech, glassy eyes, and unsteady balance. The defendant admitted to having come from a club and also drinking alcohol. She performed poorly on the field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later blew a .169 and .169 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 9, 2025 Case: 25-CT-000414 Judge Compton

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.
After providing mitigation evidence to the State regarding the defendant and having negotiations, the State Dropped the DUI.
The State dropped the DUI.
Jun 9, 2025 Case: 25-CT-000311 Judge Compton

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.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
May 29, 2025 Case: 25-CT-106942 Judge T. Brown
The defendant was stopped for weaving. Officers observed an odor of alcohol, extreme slurred speech, poor motor skills, and unsteady movements. The defendant started to do the walk and turn and one leg stand exercises, but refused to finish each one. He was arrested for DUI and later blew a .218 and .204 in the breath machine.

After several conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
May 29, 2025 Case: 25-CT-016123 Judge T. Brown

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.
The officer never put the defendant in front of his dash cam. Noone could see the finger to nose, see his balance, or even hear him. After negotiations, the State Dropped the Second DUI.
The State dropped the DUI.
May 28, 2025 Case: 24-CT-001928 Judge Hamilton
The defendant was stopped for speeding and weaving. He also nearly struck a golf cart. Officers noticed an odor of alcohol, slurred speech, and watery/glassy eyes. He was arrested for DUI after performing the HGN (eye test), walk and turn, and one leg stand exercises. He later blew a .131 and .127 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 27, 2025 Case: 25-CT-000153 Judge Gould
The defendant was found passed out in his car at a red light. It took several bangs on the window to get him to wake up. Officers noticed an odor of alcohol, bloodshot eyes, and thick/slurred speech. He passed over his driver's license several times before finding it. He also staggered, swayed, and had a blank stare. He performed very poorly on the field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI. He later refused a breath test.

After negotiations with the State about the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
May 27, 2025 Case: 24-CT-021049 Judge Gutman
The defendant was driving over 90 mph when his tire blew out. He then was driving on a rim causing smoke and flames. Eventually, his entire car caught fire and blew up. Luckily, he had gotten out of the car. Officers arrived and noticed an odor of alcohol, slurred speech, and he was very unsteady on tape. He appeared to have trouble standing still and straight. The defendant admitted to drinking one beer then refused to perform any roadside tests. He was arrested for DUI and 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.
May 22, 2025 Case: AJF4OEE Judge Szematowicz
The defendant was stopped for driving with no tail lights, weaving, and speeding. Officers noticed an odor of alcohol, an open can of vodka seltzer in the car, he was unsteady, swayed, and exited the car slowly. After performing the HGN (eye test) and walk and turn exorcises, he was arrested for DUI. The defendant 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.
May 22, 2025 Case: AKTDVHE Judge Szematowicz
The defendant was stopped for speeding and running a stop sign. Officers noticed an odor of alcohol bloodshot eyes, and swaying. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI.
There was no probable cause to arrest the defendant. He performed practically perfect on the field sobriety tests. The State Dropped the DUI to a Civil Careless driving infraction.
The State Dropped the DUI to a Civil Careless driving infraction.
May 22, 2025 Case: AI96FRE Judge Lawhorne
The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, droopy eyelids, and he stated that he drank beer. His speech was thick/slurred and his eyes visibly dilated. After performing the HGN (eye test), walk and turn, finger to nose, and one leg stand exercises, he was arrested for DUI. He later blew a .127 and .127 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 22, 2025 Case: A77I13E Judge Lawhorne
The defendant crashed her car into a disabled trailer. Officers observed an odor of alcohol, watery eyes, and incoherent/slurred speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
The firm provided mitigation evidence to the State on behalf of the defendant. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
May 21, 2025 Case: 24-CT-021052 Judge Taylor

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.
The State dropped the DUI.
May 21, 2025 Case: 25-CT003459 Judge Taylor
The defendant was stopped as she was lost and trying to enter a gate at a military base. Officers noticed an odor of alcohol, trouble keeping her eyes open, and slurred speech. Her eyes were glassy, she had a lethargic/slow demeanor, and she handed the officer her debit card instead of her driver's license. She performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew a . 162 and .156 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 21, 2025 Case: 25-CT-000625 Judge Gutman
The defendant was stopped for weaving all over road. He also almost sideswiped another car. Officers observed an odor of alcohol, glassy eyes, thick tongue speech, and fumbling fingers. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .120 and .118 in the breath machine.
After several conversations with the State regarding the defendant and the evidence, they Dropped the DUI.
The State dropped the DUI.
May 20, 2025 Case: 25-CT-002094 Judge Rich
The defendant failed to stop at a stop sign. Officers noticed an odor of alcohol, slurred speech, and he was unable to multitask. The defendant denied drinking alcohol and also appeared unsteady. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
The video contradicted the police reports. On tape, he performed much better on the field sobriety tests versus what was written in the reports. In addition, on tape, his speech was not slurred and he was not unsteady.
The State dropped the DUI.
May 20, 2025 Case: 25-CT-002447 Judge Rich
The defendant was stopped for speeding (86 mph in a 55 mph zone). Officers noticed an odor of alcohol, thick slurred speech, and droopy eyelids. He was also unsteady. After performing poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .181 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.
May 20, 2025 Case: 24-CT-021326 Judge Rich
A staff member at a bar called police stating that the defendant drove off very intoxicated and then came back. They were concerned because he was going to drive off again in a very intoxicated state. Officers arrived and found the defendant sitting in his car. They noticed an odor of alcohol, a dazed look, slurred/slow speech, and his pupils were dilated. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .162 and .154 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 20, 2025 Case: 24-CT-011598 Judge Legler
The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and a lethargic demeanor. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and 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.
May 19, 2025 Case: 24-CT-503795 Judge Gonzalez
The defendant crashed his car into a ditch. Officers observed an odor of alcohol, slurred speech, and watery eyes. His face was flushed and his coordination was poor. The defendant was then taken to the hospital. No roadside tests could be conducted due to him being in a hospital bed. Officers told him that he was going to be arrested for DUI once released. The defendant refused to provide a breath sample.

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.

The State dropped the DUI.
May 15, 2025 Case: 24-MM-003788 Judge Tew
The defendant was stopped on his boat for speeding in a slow speed minimum wake manatee protection zone. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and he stumbled and swayed. The defendant denied having anything to drink. He performed various field sobriety tests used in Boating Under the Influence cases, such as the palm pat, finger to nose, and hand coordination. He was arrested for BUI and later refused a breath test.
On tape, the defendant only appeared unsteady because the boat was rocking back and forth. Most importantly, the officer had a body worn camera on. However, it was getting dark out and he did not use any additional lighting while conducting the field sobriety tests. He actually did them in the pitch black and no-one could see anything on tape. The firm announced ready for jury trial. Prior to trial, the State Dropped the Boating under the influence charge.
The State Dropped the BUI.
May 15, 2025 Case: 24-CT-020164 Judge Scott
The defendant was stopped for driving with no headlights, weaving, and running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and she admitted to having drank alcohol. The defendant agreed to perform the HGN (eye test), but refused to perform any further field sobriety tests. She was arrested for DUI and later refused a breath test.

After negotiations with State regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
May 14, 2025 Case: 24-CT-045318 Judge Ingram

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 officer misinformed the defendant of the law when she asked him to do field sobriety tests. She told him on tape that if he refused field sobriety tests, she would be asking for a urine test. A urine test can only be requested after one is arrested for DUI, not before. Thus, all the field sobriety tests would have been excluded from evidence. Also, she told him on video that he actually did fairly good on the roadside tests and that she has only seen one person do better. After negotiations, the State Dropped the Second DUI.
The State dropped the DUI.
May 14, 2025 Case: 24-CT-049641 Judge Skinner
The defendant was the at fault driver in a sideswipe crash. Officers noticed an odor of alcohol, heavily slurred speech, and bloodshot eyes. He also swayed while outside the car. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
The arresting officer never put the defendant in front of the camera so no one could see him at all during any DUI investigation. 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. Finally, all of the defendant's statements about drinking and driving were obtained in violation of his Miranda Rights. After negotiations short of trial, the State Dropped the Second DUI down to a Civil Careless Driving Infraction.
The DUI was Dropped to a Civil Careless Driving Infraction.
May 13, 2025 Case: A776O2E Judge Alvarez-Zane

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.
The firm announced ready for trial. On the day of trial, the State could not prove that the defendant was in actual physical control. The DUI crash was Dismissed.
The DUI was dismissed.
May 9, 2025 Case: 24-CT-202243 Judge Duckworth
The defendant was the at fault driver when he crashed his car into an unoccupied police car. The officers noticed an odor of alcohol, glossy eyes, and slurred speech. He also had trouble standing and maintaining his balance. 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.
May 9, 2025 Case: 24-CT-000130 Judge Burns
The defendant was stopped for making a wide turn at a high rate of speed to which he ended up on the wrong side of the road. Officers noticed an odor of alcohol, thick tongued speech, and watery eyes. The defendant also admitted to having smoked marijuana. He refused to perform any field sobriety 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 State dropped the DUI.
May 6, 2025 Case: 24-CT-013185 Judge Rich
The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, bloodshot/watery eyes, slurred speech, and unstable balance. The defendant performed the HGN (eye test), walk and turn, finger to nose, and one leg stand exercises. He was arrested for DUI and later refused a breath test.

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 State dropped the DUI.
May 6, 2025 Case: 24-CT-018465 Judge Gutman
The defendant was found unresponsive in his car in the curved eastbound lane. His wheels were up on the curb. Officers noticed an odor of alcohol, bloodshot eyes, and he was unsteady on his feet. His pants appeared to be wet from urine. After performing poorly on roadside tests such as the HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later blew a .184 and .171 in the breath machine.
The defendant's car was off and the key fob was in the cup holder of the driver's seat. He was also in a residential neighborhood. Issues were raised by the firm as to whether the defendant was in actual physical control as he had no capability to operate the car while sleeping. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Apr 24, 2025 Case: 24-CT-002365 Judge Grey
A citizen called the police that the defendant was refusing to leave an Arby's business and the defendant smelled like alcohol. Officers approached the defendant as she was seated in her car. They observed an odor of alcohol, bloodshot eyes, and slurred speech. She struggled to manipulate the controls in order to roll the window down. She performed poorly on roadside tests, such as HGN (eye test), the walk and turn, and one leg stand. She was arrested for DUI and later refused a breath test.
Officers did not have reasonable suspicion of a crime (i.e., DUI) justifying ordering her out of the car. Odor alone is not enough. Due to the initial unlawful seizure, the State Dropped the DUI.
The State dropped the DUI.
Apr 24, 2025 Case: 24-CT-002858 Judge Justice
The defendant was stopped for swerving all over the road and running a stop sign. Officers noticed an odor of alcohol, slurred/mumbled speech, he appeared incoherent, had slow reflexes, and had droopy eyelids. The defendant only performed the HGN (eye test) and walk and turn exercises. The one leg stand was not performed due to safety concerns about his intoxication level. The defendant was arrested for DUI and 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 24, 2025 Case: 24-CT-407313 Judge Bova
The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, an orbital say, and poor balance. The defendant refused to perform any field sobriety tests other than HGN (eye test) and was arrested for DUI. He later refused to provide blood and breath tests.
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 23, 2025 Case: 24-162134MU10A Judge Gottlieb
The defendant was identified as the "at fault" driver in a rear-end collision. The officer observed a strong odor of alcohol and bloodshot watery eyes. Upon exiting the car, the officer stated that the defendant had a difficult time maintaining her balance. Based on the observations, the officer asked the defendant to participate in standard field sobriety exercises. The defendant refused to participate. Next, the officer asked the defendant to provide a breath test. Again, the defendant refused. She was subsequently arrested for DUI with Property Damage/Injury, DUI, and Following Too Closely.
Parks & Braxton filed a motion to exclude any evidence of a refusal to submit to a breath test on the grounds that the officer violated Florida Statute 316.1932(1)(a) by requesting a breath test prior to a lawful arrest. In addition, the firm filed a motion to exclude any mention of a refusal to perform field sobriety exercises based on a lack of adverse consequences. Parks & Braxton successfully argued the lead appellate case on this issue. Finally, Parks & Braxton filed a motion to exclude all statements made by the defendant as a violation of "accident report privilege."
All Charges Dismissed.
Apr 23, 2025 Case: 24-CT-014143 Judge Taylor
The defendant was found passed out on the side of the highway lying in the back seat of his car with the door open and the engine on. The defendant admitted to having drove the car there. Officers noticed an odor of alcohol, slow/slurred speech, glassy eyes, and an unsteady balance. He was also moving around very slowly and lethargically. The defendant started to do the field sobriety tests but did not continue. He was then arrested for DUI and later refused a breath test.
Even though he admitted to having drove there, the State could not prove beyond a reasonable doubt that the defendant was in actual physical control as he had no capability to operate the car from the back seat while asleep.
The State dropped the DUI.
Apr 23, 2025 Case: 24-CT-038433 Judge Ingram

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.
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 22, 2025 Case: 24-CT-059870 Judge Musselman
The defendant was found by police passed out at a gas pump. Officers noticed an odor of alcohol and watery eyes. He also had a flushed face, slurred speech, and appeared unsteady. He almost fell out of the car. He performed very poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .142 in the breath machine. Only one result was obtained because the defendant started to vomit so the second breath sample had to be aborted.
After providing mitigating evidence about the defendant to the State, they Dropped the DUI.
The State dropped the DUI.
Apr 22, 2025 Case: 24-CT-012580 Judge Ingram
The defendant was the at fault driver in a single car crash. When officers arrived, they noticed an odor of alcohol, she appeared drowsy and fatigued, had watery eyes, and had slurred speech. She also stumbled, staggered, and swayed. According to the officer, she performed poorly on the HGN (eye test), estimation of 30 second, and finger to nose exercises. She was then arrested for DUI. This was the defendant's Second DUI.
On tape, the defendant was not off balance, her speech was not slurred, and she did not appear fatigued. In addition, she performed much better on the roadside tests on tape than as described in the policer reports. Most importantly, the arresting officer can be heard on body worn camera, before even beginning the field sobriety tests, saying to another officer, "I'm gonna be arresting her so I’ll be taking her." It was clear the defendant had no chance even if she did well on the field sobriety tests as the officer had his mind made up from the beginning.
The defendant's Second DUI was Dismissed.
Apr 21, 2025 Case: 24-CT-023695 Judge Damico
The defendant was stopped for swerving left and right on the road. Officers noticed an odor of alcohol, slow responses, slurred speech, and red/glassy eyes. The defendant performed the HGN (eye test) and began the walk and turn, but refused to finish it. He was arrested for DUI and later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 21, 2025 Case: 24-CT-002783 Judge Wansboro
The defendant was stopped for running a red light. Officers observed an odor of alcohol, slow movements, and slurred speech. He also had poor motor skills and bloodshot/watery eyes. He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .121 and .140 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 14, 2025 Case: 24-CT-405863 Judge Bova
The defendant was stopped for running a stop sign and almost fishtailing. Officers noticed an odor of marijuana, a green leafy substance on the defendant's lap, bloodshot eyes, body tremors and droopy eye lids. The defendant performed the HGN (eye test), walk and turn, one leg stand, finger to nose, and estimation of 30 seconds roadside exercises. He was arrested for DUI and later refused a urine test. The defendant had a CDL as well.
The police reports overly exaggerated the defendant's alleged impairment. On video, the defendant's speech was not slurred, he was not off balance, and he appeared coherent and responsive. In fact, on the walk and turn, he walked backwards back down the line heel to toe and never even stepped off the line. He also kept his foot off the ground on the one leg stand for 30 seconds. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Apr 14, 2025 Case: 24-CT-054225 Judge Jacobus
The defendant was stopped for driving westbound in the east bound lane. Officers observed an odor of alcohol, slurred speech, and watery/glassy eyes. She exited the car slowly and had a sway to her stance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 14, 2025 Case: 24-CT-054196 Judge Jacobus
The defendant was stopped for driving on the wrong side of the road. Officers noticed an odor of alcohol, slow/slurred speech, and bloodshot eyes. His movements were slow and sluggish. After performing the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew a .244 and .234 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 8, 2025 Case: 24-CT-016885 Judge Valkenburg
The defendant was stopped for running two stop signs. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and he had difficulty dividing his attention. The defendant had a wristband on from a bar and denied drinking alcohol. The defendant only performed the HGN (eye test) and refused to perform any other roadside tests. He was arrested for DUI and 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 8, 2025 Case: 24-CT-016806 Judge Valkenburg
The defendant was stopped for failing to maintain a single lane. He also drifted into the oncoming lane of travel and drove on the grass. Officers observed an odor of alcohol, slurred speech and glassy eyes. He also had fumbling fingers, and difficulty following instructions. The defendant was unsteady and almost fell. For safety reasons, the defendant only performed the Finger to nose. He was arrested for DUI and later blew a .174 and .170 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 8, 2025 Case: 24-CT-017449 Judge Valkenburg
The defendant was stopped for driving with no lights and running a stop sign. Officers noticed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
On tape, the defendant's speech was not slurred, he was not unsteady, and he appeared responsive and coherent. After discussions with the State prior to trial, the State Dropped his Second DUI.
The State dropped the DUI.
Apr 7, 2025 Case: AJF4JKE Judge Lawhorne
The defendant was stopped for driving the wrong way by driving southbound in the northbound lane. Officers observed an odor of alcohol, glassy/watery eyes, and slurred speech. After performing the HGN (eye test), walk and turn, and one leg stand, she was arrested for DUI. She later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 7, 2025 Case: AKBGV7E Judge Lawhorne
The defendant was stopped after driving through a parking lot at a high rate of speed and slamming her brakes causing her to slow roll. Officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and a sway to her stance. She was also emotional. She performed poorly on the HGN (eye test), finger to nose, estimation of 30 seconds, walk and turn, and one legs stand exercises. She was arrested for DUI and later blew a.158 and .142 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 7, 2025 Case: AI96ENE Judge Lawhorne
The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, and fumbling fingers. The defendant agreed to do the HGN (eye test) and then refused to perform any further field sobriety tests. He was arrested for DUI and later refused a breath test.
After conversations with the State regarding the evidence and providing mitigation evidence on behalf of the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 7, 2025 Case: AJB3ZEE Judge Lawhorne

The defendant was stopped for driving eastbound in the westbound lane. Officers observed an odor of alcohol, watery eyes, and raspy/slow speech. He had a sway to his stance, was unable to balance, and had poor hand eye coordination. The defendant stated that he had drank five beers. He performed poorly on all the field sobriety exercises, such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later blew a .110 and .108.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 7, 2025 Case: AJF4KDE Judge Lawhorne
The defendant was found passed out in his running car at a stop sign. Officers knocked several times to try to awaken the defendant, but he was practically unconscious. Officers later noticed an odor of alcohol, very slurred speech (almost non-understandable), stumbling, staggering, and needing assistance to stand. He refused to perform any roadside tests and was arrested for DUI. The defendant later refused a breath test.
After discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 4, 2025 Case: 24-CT-014379 Judge Rich
The defendant was stopped for speeding. Officers observed an odor of alcohol and bloodshot eyes. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant Second DUI within five years and he was also charged with a Second refusal to take a breath test.
The firm pointed out to the State that not one of the defendant's normal faculties were impaired. In fact, the cop can be heard on video stating "I don't think you’re impaired over the legal limit but...." The State Dismissed the Second DUI and Second refusal charge.
The DUI was dismissed.
Apr 3, 2025 Case: 24-CT-502120 Judge Paluck
A BOLO (be on the lookout) went out that the defendant was driving all over the road. Officers spotted the defendant and observed him weaving all over the road. Officers noticed an odor of marijuana, red/glossy eyes, dilated pupils, and had a relaxed/carefree state of mind. The defendant stated that he had smoked pot before driving and exhibited a lack of concentration. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a urine test.
The firm announced ready for trial. We pointed out to the State that on tape the defendant's speech was normal and he had no balance issues. Just prior to trial and after conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Apr 3, 2025 Case: 24-CT-003886 Judge Gould

The defendant was stopped for speeding (90 mph in a 60 mph zone). Officers noticed an odor of alcohol watery/bloodshot eyes, and she stated that she had consumed three rum drinks. Once out of the car, she appeared unsteady. She performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. She later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 3, 2025 Case: 24-CT-004584 Judge Gould
The defendant was involved in a traffic crash in an intersection. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, unsteadiness, and droopy/glassy eyes. The defendant refused to do any field sobriety tests and was arrested for DUI. She later blew a .161 and .158 in the breath machine.

After a review of the evidence, it was determined that the defendant was not the at fault driver in the crash. On tape, her speech was normal and she had no balance issues. There was a complete lack of probable cause to arrest her. After conversations with the State about the evidence, they Dropped the DUI.
The State dropped the DUI.
Apr 2, 2025 Case: 24-CT-017450 Judge Taylor
The defendant was stuck in a ditch trying to put the vehicle in reverse when police arrived. They noticed an odor alcohol, glossy/watery eyes, and slurred speech. He was unsteady on his feet and had fumbling fingers. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 2, 2025 Case: 24-CT-012393 Judge Taylor
The defendant was stopped for swerving, braking inconsistently, and following too closely. Officers observed an odor alcohol, bloodshot eyes, slurred/thick speech, and a sway. Alcohol was also found in the car. He performed poorly on 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 .179 and .178 in the breath machine.
After conversation with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 1, 2025 Case: 24-CT-015491 Judge Gutman
The defendant was stopped for driving the wrong way in traffic. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. He was also unsteady on his feet and admitted to having drank alcohol prior to driving. He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .195 and .189 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 31, 2025 Case: 24-CT-002452 Judge Poblick
The defendant was stopped for weaving all over the road and driving at inconsistent speeds. Officers observed an odor of alcohol, a flushed face, bloodshot/watery eyes, and slurred speech. When asked how much he had drank, he stated "not much at all." He also appeared lethargic and confused. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.

The State dropped the DUI.
Mar 31, 2025 Case: 24-MM-011708 Judge Koenig

The defendant was found passed out and unresponsive in a Circle K parking lot. When officers finally got the defendant to respond, they noticed an odor of alcohol, he struggled to open his eyes, and his speech was not understandable. He was disoriented and couldn't even form a sentence. He refused to perform field sobriety tests, but was too intoxicated to perform them anyway. He was arrested for DUI and later refused a breath test. He was also charged with resisting an officer without violence for not obeying their commands. This was the defendant's Second DUI.
The firm provided mitigation to the State regarding the defendant. After conversations with the State, they Dropped his Second DUI and Dismissed the Resisting charge.
The State dropped the DUI.
Mar 25, 2025 Case: 24-CT-054994 Judge Skinner
The defendant was stopped for driving with no lights on after dark. Officers noticed an odor of alcohol and she stated she had drank a Jack and Coke. After performing the HGN (eye test), walks and turn, and one leg stand exercises, she was arrested for DUI.
An odor of alcohol alone is not enough to give an officer reasonable suspicion to request filed sobriety tests. As the roadside tests were obtained unlawfully, the State Dropped the DUI.
The State dropped the DUI.
Mar 25, 2025 Case: 24-CT-053179 Judge Skinner
The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, glossy eyes, and mumbling/slurred speech. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 25, 2025 Case: 24-MM-048849 Judge Skinner
A call went out about a hit and run accident. Officers located the defendant and noticed an odor of alcohol, bloodshot/watery eyes, and a slight sway. The defendant performed various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn. He was arrested for DUI and later blew a .108 and .101 in the breath machine. The defendant was also charged with domestic battery for an incident that occurred shortly before the DUI arrest the same night.
On tape, the defendant performed much better on the roadside tests than as described in the reports. Additionally, he was not the aggressor in the battery and it was determined that the other party started the fight. Finally, the breath test results were not turned over until months after the DUI arrest in violation of the discovery rules. The State Dropped the DUI and the defendant received no criminal conviction and only had to pay a fine. The Battery was Dismissed as well.
The State dropped the DUI.
Mar 24, 2025 Case: 24-075350MU10A Judge Evans
The defendant was detained for driving on a flat tire. The officer observed glassy eyes, sweating and constricted pupils. The defendant admitted to taking an Ambien. The deputy was a DUI and Drug Recognition Expert, and after believing the defendant was under the influence of the Ambien he began a DUI investigation. The defendant performed a series of 5 different field sobriety tests and was arrested for DUI. The defendant provided a urine sample which was positive for controlled substances.
Despite the presence of the controlled substance in his urine, the video was entirely inconsistent with the way the deputy wrote his report. The defendant was cooperative throughout the investigation. The defendant was presented with several offers including a reduced charge with points on his license. The firm announced ready for trial and the defendant walked away with no conviction on his record for any offense.
The State dropped the DUI.
Mar 24, 2025 Case: 23-017147MU10A Judge Lerner-Wren
The defendant was passed out behind the wheel of his vehicle in the middle of the street. The car was running and his foot was on the brake. When the police tried to wake him up, he hit the police car in front of him. After exiting the car, the defendant looked and sounded extremely lethargic. The officers asked the defendant if he had consumed any alcohol. He explained that he had two tequila drinks. After observing bloodshot eyes, slurred speech and an odor of alcohol, the officers asked the defendant to perform field sobriety tests. After performing the HGN (eye test), the one leg stand, the walk and turn, and the Romberg balance test (estimation of time), he was arrested for DUI. He refused to submit to a breath test.

Based on the initial portion of the video, it was clear that the defendant was lethargic and a bit out of it. However, the State was required to prove that the defendant was impaired from alcohol as opposed to merely being tired. On the walk and turn test, the officer picks up a pad to take notes and completely blocked the camera from videotaping the defendant's performance. In addition, the officer embellished in his report the defendant's performance on the other tests. The firm rejected all offers and announced ready for trial. The charges were dismissed.
The DUI was dismissed.
Mar 18, 2025 Case: 24-CT-013301 Judge Gutman
The defendant was stopped for running a stop sign, weaving, and driving at inconsistent speeds. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and slurred speech. When asked how much he had to drink, he replied, "not much at all." After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath a test.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 18, 2025 Case: 24-CT-017820 Judge Weis
Civilians at a bar called the police that the defendant threw a traffic cone at a parking attendant and was highly intoxicated. Police came in contact with the defendant as he was driving off. They noticed an odor of alcohol, blood shot eyes, and his speech was very slurred. He had difficulty answering basic questions due to his intoxication level. An open bottle of vodka was observed on the passenger seat. The defendant refused to perform any field sobriety tests, was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The officer stated in his police reports that he advised the defendant of the adverse consequences for refusing field sobriety tests. However, on tape, he never did. Thus, the officer's credibility was called into question. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Mar 18, 2025 Case: 24-CT-017969 Judge Gutman
The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, sluggish reflexes, and she appeared unsteady. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI.
Many observations written it the reports were contradicted by the video. On tape, she was not unsteady, her speech was not slurred, and she did not appear sluggish. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Mar 17, 2025 Case: 24-CT-503813 Judge Gonzalez

The defendant was stopped for having no illuminated driver's side light. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant only performed the HGN (eye test) and refused to do any other field sobriety tests. He was arrested for DUI and later refused a breath test.

During negotiations, we pointed out to the prosecutor that on video, none of the defendant's normal faculties were impaired. Thus, there was no probable cause to arrest him. After a few conversations, the State Dropped the DUI.
The State dropped the DUI.
Mar 13, 2025 Case: 24-CT-021408 Judge Burke
The defendant was stopped for speeding and weaving. Officers noted an odor of alcohol, bloodshot eyes, and thick/slurred speech. He performed the HGN (eye test), walk and turn, one leg stand, finger to nose, and alphabet field sobriety tests. He was arrested for DUI and later blew a .158 and .156 in the breath machine.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 13, 2025 Case: 24-CT-020491 Judge Burke
A concerned citizen called 911 stating that the defendant was swerving in and out of lanes, ran a red light, and almost crashed. Officers spotted the defendant and conducted a traffic stop. They noticed an odor of alcohol, unsteadiness, he staggered, had slow/unclear/slurred speech, and had glossy eyes. After performing various roadside tests such as the alphabet, finger to nose, one leg stand, walk and turn, and HGN (eye test), he was arrested for DUI. He later refused a breath test.
When the caller is anonymous, officers must have some corroborating evidence in order to legally stop a defendant. In other words, see some erratic driving pattern consistent with what the caller says. The reason is because an anonymous tipster is at the low end of the reliability scale versus someone who provides their name (i.e. a citizen informant). After negotiations regarding the lawfulness of the traffic stop, the State Dropped the DUI.
The State dropped the DUI.
Mar 12, 2025 Case: 24-CF-004830 Judge Coates
The defendant was found passed out behind the wheel of his truck in the middle of the road. Officers smelled an odor of alcohol, noticed pinpoint pupils, glassy eyes, and his speech was slow and slurred. He also had a hard time staying awake and was sweating profusely. Officers believed that he was under the influence of drugs, as well as alcohol. He performed very poorly on field sobriety tests such as HGN (eye test), the walk and turn, and the one leg stand. He was arrested for DUI and later provided a urine sample. It came back from the FDLE lab positive for a controlled substance that was not prescribed to the defendant. That drug was also found in a search incident to arrest of his truck. He was also charged with Felony Possession. It should be noted, this was his Second DUI.
Parks & Braxton took a pretrial deposition of the arresting officer. At depo, the officer contradicted herself many times with her depo testimony as compared to the police reports. Although she believed that the defendant was impaired by drugs, she never even asked the defendant one time if had taken any drugs that day or at any time for that matter. After depositions were completed, the State Dropped the defendant's Second DUI and he received no felony conviction on his record for the possession charge.

The State dropped the DUI.
Mar 11, 2025 Case: 24-CT-502369 Judge Gagliardi
The defendant was the at fault driver in a sideswipe crash with another vehicle. Officers noticed an odor of alcohol, mumbled speech, bloodshot/watery eyes, and he appeared unstable. He performed poorly on 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 a breath test. This was the defendant's Third DUI.
Prior to trial, the firm had negotiations with the prosecutor. We pointed out that the cop had totally messed up the investigation. First, he had the defendant hitting a regular car in his reports, but he actually hit a semi truck. The crash report was all wrong. Secondly, he did not position his car properly so his dash camera could catch all the roadside tests. His car was too close so no one could see the defendant's legs from the knee down on the one leg stand or walk and turn. Thirdly, the defendant told the cop that some of his toes had been cutoff, but the officer still made him do the physical exercises versus allowing him to do nonphysical tests. Finally, during the whole DUI investigation, the officer had his car music blasting so no one could hear anything. The State Dropped the Defendant's Third DUI.
The State dropped the DUI.
Mar 11, 2025 Case: 24-CT-502369 Judge Gagliardi
The defendant was the at fault driver in a sideswipe crash with another vehicle. Officers noticed an odor of alcohol, mumbled speech, bloodshot/watery eyes, and he appeared unstable. He performed poorly on 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 a breath test. This was the defendant's Third DUI.
Prior to trial, the firm had negotiations with the prosecutor. We pointed out that the cop had totally messed up the investigation. First, he had the defendant hitting a regular car in his reports, but he actually hit a semi-truck. The crash report was all wrong. Secondly, he did not position his car properly so his dash camera could catch all the roadside tests. His car was too close so no one could see the defendant's legs from the knee down on the one leg stand or walk and turn. Thirdly, the defendant told the cop that some of his toes had been cutoff, but the officer still made him do the physical exercises versus allowing him to do nonphysical tests. Finally, during the whole DUI investigation, the officer had his car music blasting so no one could hear anything. The State Dropped the Defendant's Third DUI.
The State dropped the DUI.
Mar 6, 2025 Case: 24-CT-004090 Judge Gould
The defendant drove his car into a ditch. Officers noticed an odor of alcohol, slurred speech, glassy/watery eyes, and he was unsteady. He had an orbital sway and "drifted" side to side when he walked. He performed poorly on the field sobriety tests which included the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .151 and .148 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.
Mar 5, 2025 Case: 24-CT-019718 Judge Moses-Stephens
The defendant was stopped for having illegal tint. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he swayed while he stood. He also stumbled and spoke loudly and repetitively. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 4, 2025 Case: 24-CT-011460 Judge Uzabel

The defendant was stopped for swerving within his lane and running a red light. Officers noticed an odor of alcohol, slurred speech, and he stumbled to catch his balance. He also had a bracelet on his wrist form a bar. He then performed the HGN ( eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .162 and .154 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.
Mar 4, 2025 Case: 24-CT-001088 Judge Wallace
The defendant was stopped for weaving. Officers observed an odor of alcohol, mumbled speech, bloodshot eyes, and a sway to his stance. The defendant stated he had just left a bar. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, finger to nose, and one leg stand. He was then arrested for DUI and later refused a breath test.
Many observations were contradicted by the video tape. His speech was normal and not mumbled and he had no sway to his stance. Also, many written observations of the field sobriety tests were contradicted by the tape. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Mar 3, 2025 Case: 24-CT-055483 Judge Koenig
The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and his hands were shaking. The defendant exited the car slowly, swayed while standing, and he stated that he had consumed one beer. He performed the HGN (eye test), walk and turn, and one leg stand exorcises. He was arrested for DUI and later blew a .118 and .117 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.
Feb 26, 2025 Case: 23-007747MU10A Judge Francois
The defendant was stopped for straddling lane markers on the highway. In addition, the defendant was clocked at 85mph in a 65mph zone. The defendant then slowed down in the far right lane to 10mph, eventually stopping in the right lane of traffic. Upon approaching the vehicle, the Trooper observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car, the officer observed extreme unsteadiness. The Trooper then asked the defendant to perform a series of field sobriety tests. The defendant responded by saying it was up to the Trooper. There was clearly a language barrier between the Trooper and the client. Since the defendant never answered with a clear yes or no answer the Trooper arrested him for DUI. The Trooper then asked for a breath and urine sample. The defendant responded by saying "whatever you want to do just do it." The Trooper took that as a refusal to submit to a breath test.
The evidence made clear that the defendant never specifically responded to the Trooper's requests. In addition, despite the heavy accent it was evident that there was a language barrier between the Trooper and the defendant. These specific issues were raised with the prosecutor. The defendant had his charges reduced to reckless driving with no conviction of any kind on his record.
The State dropped the DUI to a reckless driving.
Feb 25, 2025 Case: 24-CT-016598 Judge Rich
The defendant was stopped for failing to maintain a single lane and also driving in the middle of two lanes for several blocks. Officers noticed an odor of alcohol, unsteady balance, and he admitted to having consumed several mixed drinks. He also had glassy eyes and slurred speech. He performed very poorly on the field sobriety tests and was arrested for DUI. He later blew a .182 and .180 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 24, 2025 Case: 24-011987MU10A Judge Evans
The defendant was involved in a multiple car accident. Upon arrival, the officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway while she walked. Multiple witnesses identified the defendant as the driver involved in the accident. After the crash investigation, the defendant was informed that the officers were now conducting a DUI investigation. The defendant refused to participate in either field sobriety tests or a breath test. She was subsequently arrested for DUI Property Damage/Personal Injury. After arrest, the officers located 53 Lorazepam pills in the defendant's purse as well as well as a liquid THC Truelieve syringe.

Parks & Braxton filed a series of motions challenging the admissibility of the evidence. Specifically, the firm argued that both the field sobriety test request and subsequent refusal was unlawful. Next, the firm argued that the refusal to submit to a breath test was unlawful. The Court agreed, and excluded any mention that the defendant refused either a breath test or field sobriety tests. Lastly, Parks & Braxton filed a motion for Statement of Particulars. Specifically, the motion argued that the prosecutor needed to state with specificity what substance the defendant was allegedly impaired by. The prosecutor conceded the motion, and the defendant walked away with no criminal charges on her record.
The DUI was dismissed.
Feb 20, 2025 Case: 24-CT-019480 Judge Damico
The defendant was found unconscious in his car at an intersection. When he regained consciousness, his car began to roll forward almost striking the officers. Officers got the vehicle to stop rolling and upon contact noticed an odor of alcohol, delayed speech, and bloodshot/glossy eyes. He then performed various field sobriety tests such as the finger to nose, count backwards, walk and turn, one leg stand, and the HGN (eye test). He was subsequently arrested for DUI and later blew a .106 and .104 in the breath machine.

After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 19, 2025 Case: 24-CT-051274 Judge Ingram

The defendant was stopped for weaving. The officer noticed an odor of alcohol, thick/slurred speech, a flushed face, and bloodshot eyes. The defendant stated he had drank two Long Island Iced Teas. He then performed the HGN (eye test), estimation of 30 seconds, walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .098 and .095 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.
Feb 19, 2025 Case: 24-CT-041250 Judge Ingram
The defendant was stopped for speeding, swerving, and braking heavily. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a couple of drinks. He also appeared unsteady and walked slowly. After refusing to perform field sobriety tests, he was arrested for DUI. He later refused a breath test.

After conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI .
The State dropped the DUI.
Feb 19, 2025 Case: 24-CT-045334 Judge Ingram
The defendant was stopped for swerving and striking the median wall of the highway. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant staggered, swayed, and had an uneven gait. The defendant also stated that he had consumed two drinks. He performed poorly on the walk and turn, one leg stand, and HGN (eye test) exercises and was arrested for DUI. He later refused a breath test.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 13, 2025 Case: 24-CT-012747 Judge Scott
The defendant was stopped for speeding (83mph in a 55mph zone). Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady and had fumbling fingers. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
The firm pointed out to the State prior to trial that the defendant was not unsteady and had no slurred speech on tape. After negotiations, the State Dropped her Second DUI.
The State dropped the DUI.
Feb 13, 2025 Case: 24-CM-009995 Judge Scott
The defendant was stopped for making a wide turn and straddling the bike lane markers. Officers observed the defendant to have an odor of alcohol, an odor of marijuana, slurred speech, and red/watery eyes. The defendant only performed the HGN (eye test only). No walk and turn or one leg stand exercises were conducted due to his belligerent behavior. He was arrested for DUI and later refused a breath test. This was his Second DUI. He was also charged with resisting an officer without violence.
After conversations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI. They also Dismissed the resisting charge.
The State dropped the DUI.
Feb 13, 2025 Case: 24-CT-014431 Judge Scott
The defendant was stopped for almost crashing into an officer by violating his right of way. Officers noticed an odor of alcohol, slurred speech, and a tired/lethargic balance. He also had poor balance and admitted to drinking beer. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .110 and .110 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.
Feb 12, 2025 Case: A77GXKE Judge Vaccaro

Police got a call about a suspicious vehicle on the side of the highway. When the trooper arrived, he saw the defendant's vehicle on the side of the highway. At the same time, the defendant was inside an ambulance being evaluated by paramedics. The road ranger told the trooper that the defendant was sitting the driver's seat when he arrived. Officers made contact with the defendant and noticed an odor of alcohol, lack of balance, and thick tongued speech. He also had red/bloodshot eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later blew a .243 and .235 in the breath machine.
Parks & Braxton filed a pretrial motion to suppress the lawfulness of the arrest. In our motion, we alleged that under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime "in their presence." Here, the officer did not observe the defendant driving or in actual physical control when he arrived (i.e., the first element of a DUI). A civilian road ranger is not an officer so the fellow officer rule does not apply. After conversations with the State about the legal issue, the DUI was Dismissed.
The DUI was dismissed.
Feb 11, 2025 Case: 24-CT-011598 Judge Valkenburg
The defendant was stopped for failing to maintain a single lane (i.e. weaving). Officers noticed an odor of alcohol, slurred speech and bloodshot eyes. He also had fumbling fingers and exaggerated movements. Alcohol was found all over the car. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .088 and .088 in the breath machine.
Due to the .02 margin of error in the breath machine, we were able to place both breath results below the legal limit. After several negotiations regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502844 Judge Gonzalez
The defendant crashed his car into a concrete light pole. Officers noticed an odor of alcohol, slurred speech, and a sway to his stance. He also appeared unsteady, had bloodshot eyes, and dilated pupils. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
EMS was on scene and told the officers that the defendant appeared alert, oriented, answered all questions appropriately, and had a steady gait. This was all in contradiction to the officers' observations. In addition, the arresting officer stated that he conducted a DUI investigation, yet he never asked the defendant questions such as where he was coming from, where heading too, or if he even had a drink. He did not ask one question. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502019 Judge Gill
Police responded to a call regarding a drunk pedestrian (i.e. the defendant) that was stumbling around the restaurant parking lot trying to find his car and opening random car doors. Officers arrived and parked behind the defendant who was now in the driver's seat of his car. Officers knocked on the window and he rolled it down in response to their command. They noticed an odor of alcohol, slurred speech, and he appeared unsteady. The defendant stated he had drank two glasses of wine. He performed very poorly on field sobriety tests such as the HGN (eye test), walk and turn, finger to nose, and one leg stand. The walk and turn was actually terminated due to safety concerns as the defendant almost fell over. He was arrested for DUI and later blew a .170 and .164 in the breath machine. This was the defendant's Third DUI.

Since the caller was anonymous, the officers needed to have some type of corroboration of the defendant's intoxication in order to lawfully seize him. Here, the unlawful seizure, without corroboration, was blocking his car in and ordering him to roll down his window. Officers observed nothing prior to their actions. After conversations with the State regarding the actions by police, they Dropped his Third DUI.
The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502312 Judge Gonzalez
The defendant was stopped for weaving, running a red light, and having a defective headlight. Officers noticed an odor of alcohol, a disheveled look, she appeared confused, and had bloodshot eyes. Alcohol was found all over the car. The defendant performed very poorly on the field sobriety tests and was arrested for DUI. She later refused a breath test.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 5, 2025 Case: 24-CT-018325 Judge Gutman
The defendant was the at fault driver in a rear end traffic crash. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared confused, had a blank/dazed stare, exhibited poor balance, and had a lethargic appearance. He admitted to consuming a couple of beers. He refused to perform 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.
Feb 5, 2025 Case: 24-CT-012794 Judge Taylor

The defendant was stopped for weaving and nearly striking a vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had consumed several drinks prior to driving. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Many observations before and during the field sobriety tests written by the officer were contradicted by the video tape. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Feb 5, 2025 Case: 24-CT-503201 Judge Paluck
The defendant was stopped for having tinted windows too dark under Florida Law. Officers did not smell any alcohol, but noticed bloodshot eyes, an odor of burnt marijuana coming from the truck, bloodshot/watery eyes, and white foam on his lips. Believing that he was impaired by drugs, he was requested to perform field sobriety tests. He then performed the HGN (eye test), estimation of 30 seconds, finger to nose, walk and turn, and one leg stand exercises. According to the officer, he performed poorly and was arrested for DUI. He later provided a urine sample which revealed positive results from FDLE for marijuana and cocaine. This was the defendant's Second DUI.
Even though he tested positive for nonprescribed illegal drugs, the State still must prove that he was impaired. On tape, none of the defendant's normal faculties were impaired. In fact, the arresting officer can be heard on tape stating that he needed a DRE (drug recognition expert) to be sure that the defendant was impaired by the drugs. Well, no DRE was ever called. So, if the cop is not sure, then how can a jury convict? After conversations with the State, they Dismissed the Defendant's Second DUI.
The DUI was dismissed.
Feb 4, 2025 Case: 24-CT-002631CTAXMX Judge Hitzemann

The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that she had consumed five drinks while working in the yard earlier in the day. The defendant refused to perform roadside tests and was arrested for DUI. She later refused a breath test. This was her Second DUI.
On tape, the defendant's speech sounded normal and not slurred. She had no balance issues and was very responsive and coherent. After negotiations with the prosecutor, the State Dropped her Second DUI.
The State dropped the DUI.
Feb 4, 2025 Case: 24-CT-502497 Judge Swett
The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She then 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 firm announced ready for trial. After negotiations with the prosecutor, the State Dropped the DUI.
The State dropped the DUI.
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