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DUI Wins

Our Recent Victories

Aug 28, 2025 Case: 25-CT-003704 Judge Rich
The defendant was stopped for failing to maintain a single lane, stopping past a stop bar at a red light, and accelerating unusually fast. Officers noticed an odor of alcohol, fumbling fingers, glassy eyes, and unsteady balance. The defendant admitted to having consumed alcohol at a work event. He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
After pretrial negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 28, 2025 Case: 25-CT-005459 Judge Rich
The defendant was stopped for speeding. Officers observed an odor of alcohol, glossy eyes, unsteady balance, and the defendant admitted to having consumed alcohol. After performing the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .122 and .119 in the breath machine.
After pretrial conversations with the State regarding the evidence and the Defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 28, 2025 Case: 25-CT-004941 Judge Rich
The defendant was found passed out in her can in the middle of the road. Officers observed an odor of alcohol, red/watery eyes, and she also swayed and stumbled. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .155 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.
Aug 27, 2025 Case: 25-CT-005455 Judge Valkenburg
The defendant was stopped after his car jumped over the curb at a Chick fil-A and almost hit a police car. Officers approached the defendant's car and he was passed out. Upon awakening him, they noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He also had decreased motor skills. After performing poorly on the HGN (eye test), walk and turn, and one leg stand exercises, he 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.
Aug 21, 2025 Case: AJ8ZRWE Judge Lawhorne
The defendant drove over a curb, struck a pedestrian crossing sign, and then struck a light pole. The car skidded in the grass and then turned upright. There was no odor of alcohol, but officers noticed droopy eyelids, swaying, unsteadiness, he was very uncooperative/combative. His speech was mumbled and incoherent, as well. EMS arrived and had to strap him down and sedate him. He was then taken to the hospital for treatment. The police charged him with DUI and he later provided a urine sample. The defendant's urine tested positive for midazolam ( a sedating drug used in hospitals) and also evidence of marijuana.
The defendant was definitely impaired and out of his mind on tape. However, the firm got the defendant's EMS records from the scene. They revealed that it was EMS that gave him the drug (midazolam), not as the State originally thought that the defendant used it to get drugged up. We also pointed out that the urinalysis for marijuana was not suitable for analysis and was flawed. The State agreed Dropped the DUI.
The State dropped the DUI.
Aug 21, 2025 Case: AJF4T1E Judge Dittmer
The defendant was found by police in his car parked sideways and across multiple parking spaces. When officers went up to talk to him, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. He swayed and stumbled while standing outside the car. The defendant performed poorly on the walk and turn and one leg stand exercises. The defendant couldn't perform the HGN (eye test), because kept moving his head. He was arrested for DUI and later refused a breath test.

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

The State dropped the DUI.
Aug 21, 2025 Case: ALE824E Judge Szematowicz
The defendant was stopped for running a flashing red light and almost hitting a cop. The officer pulled the defendant over and went up to his car. Right off the bat, the officer calls in "signal one" (code for DUI). The officer says he noticed a marijuana shaker on the floorboard. The officer observed the defendant to have red/glassy eyes, slow/raspy speech, lethargic movements, and there was no odor of alcohol. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a urine test.
The officer had no basis to call in signal one (code for DUI) as he hadn't even made any observations. It was obvious he was aggravated the defendant had almost cut him off. However, that was not true, because on tape, the defendant hadn't even come close to the officer when he ran the flashing red. In fact, the defendant realized he had went past it then stopped short. Also, there were no pictures taken nor any discussion of any marijuana shaker, if it even existed to begin with. The officer never asked the defendant one question such as: where are you coming from, have you taken drugs, gave you been drinking (Nothing). The firm sent a letter requesting a dismissal of the DUI and the State agreed and they Dismissed the DUI.
The DUI was dismissed.
Aug 19, 2025 Case: 25-CT-028011 Judge T. Brown
The defendant was stopped for swerving all over the roadway, failing to maintain a single lane, and driving in the emergency lane. There was no odor of alcohol, but officers noticed slurred speech, she was unable to formulate a sentence, and had a flushed face. Her eyes appeared slightly dilated, she stumbled, could not stand up straight, and she needed to lean on her car for balance. The defendant denied taking any drugs, but officers believed she was under the influence of drugs based on their observations. She performed poorly on roadside tests which consisted of the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later refused a breath and urine test. Officers found a pill bottle with D-Amphetamine salt combo upon a search incident to arrest.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 18, 2025 Case: 25-CT-033052 Judge Koenig
The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glossy eyes, and slurred speech. He also appeared disoriented, walked slow, and seemed confused. The defendant then performed the HGN (eye test), one leg stand, and finger to nose exercises. He was subsequently arrested for DUI.
On tape, the defendant seemed to have no idea what the officers were telling him or advising him as far as the instructions on the field sobriety tests. His first language is Creole, not English. Officers made no effort to try to find an officer who speaks Creole. After conversations with the State about what took place on tape, the State Dropped the DUI to a Civil Careless Driving infraction.
The State dropped the DUI.
Aug 18, 2025 Case: 24-CT-004534 Judge Gould
The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/glassy eyes, and droopy eyelids. He also seemed to appear sluggish, have an uneasy walk, and an orbital sway. The defendant denied consuming any alcohol. The defendant agreed to perform the HGN (eye test) and refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Third DUI arrest.
The firm announced ready for trial. On tape, the defendant had no sway, was not sluggish, and did not appear "uneasy." In fact, we put forth that to us, none of his normal faculties were impaired. After negotiations a couple of weeks prior to the trial date, the State Dropped the defendant's Third DUI.
The State dropped the DUI.
Aug 18, 2025 Case: 25-CT-025456 Judge Jacobus
The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery eyes, and he stumbled while walking. He also appeared to move slow, appeared unsteady, and staggered. After performing various field sobriety tests such as the HGN (eye test), walk and turn, one leg stand, he was arrested for DUI and later refused a breath test.

On tape, the defendant had no understanding of the instructions on the field sobriety tests. His first language is Vietnamese and speaks very little English. In addition, he did not appear off balance or unsteady on tape, versus what was written in the police reports. After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.
Aug 14, 2025 Case: 25-CT-001761 Judge Bonavita
The defendant was stopped for speeding. He was traveling 116 mph. Officers stopped him and noticed an odor of alcohol, bloodshot/watery eyes, and slow/slurred speech. The defendant stated he had drank beer. He then performed the HGN (eye test), walk and turn, one leg stand, and estimation of 30 seconds exercises. He was arrested for DUI and also reckless driving for his very excessive speed. After his arrest, he refused a breath test.
The firm had conversations with the State regarding the videotape that we received in discovery. On tape, the defendant did not appear to be impaired on any of his field sobriety tests. This was truly a case about excessive speeding, not DUI. The State agreed and Dismissed the DUI charge and we resolved the other charge of reckless driving.
The DUI was dismissed.
Aug 14, 2025 Case: 25-CT-007823 Judge Taylor
The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and unsteadiness. The defendant denied consuming any alcohol. The defendant then stated, "Just arrest me," and refused to do any field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI arrest.

On tape, the defendant's speech was not slurred and he did not appear unsteady. After negotiations with the prosecutor, the State Dropped his Second DUI.

The State dropped the DUI.
Aug 14, 2025 Case: 25-CT-002446 Judge Scott

The defendant was stopped for careless driving. He was alleged to have rapidly accelerated spinning his tires, crossing over three lanes to enter a turn lane, and speeding. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. The defendant later blew .179 and .178 in the breath machine.

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

The State dropped the DUI.
Aug 14, 2025 Case: 25-CT-001395 Judge Scott
The defendant was found passed out in his car on the side of the road blocking an entrance way. Upon awakening the defendant, they noticed an odor of alcohol, glassy eyes, slurred speech, and unsteady balance. The defendant performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was his Second DUI.
After negotiations with State, we pointed out that on tape the defendant told them that he was trying to do the right thing by not driving. He also told them that he had pulled over hours before the police came in contact with him. We also raised issues about a lack of actual physical control. Prior to the trial date, the State Dropped the Second DUI.
The State dropped the DUI.
Aug 12, 2025 Case: 25-CT-000265 Judge Gutman
The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery/bloodshot eyes, slow and sluggish movements, and slurred speech. The defendant stated he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
On tape, the defendant's speech was not slurred and his movements were not sluggish at all. The defendant performed much better on the roadside tests on tape than as described in the police reports. After negotiations just before the trial date, the State Dropped his Second DUI.
The State dropped the DUI.
Aug 12, 2025 Case: 25-CT-000509 Judge Gutman
The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy/watery eyes, and slurred speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
After conversations with the State before the trial date regarding the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.

Aug 12, 2025 Case: 25-CT-007372 Judge Rich
The defendant was stopped for speeding. Officers observed and odor of alcohol, glassy/watery eyes, and slow/lethargic movements. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
We had a conversation with the prosecutor and pointed out that on tape, not one of the defendant's normal faculties were impaired. In addition, his movements were not slow or lethargic. Also, one deputy told the defendant on tape that he was being arrested for "drinking and driving." It is not a crime in Florida to drink and drive. What is a crime is to drive while your normal faculties are impaired. The State agreed and Dismissed the DUI.
The DUI was dismissed.
Aug 11, 2025 Case: ADO78QE Judge Urbistondo
The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, rapid speech, and dilated pupils. The defendant admitted to drinking one beer. The defendant performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. She was arrested for DUI and later refused a breath test.
Field sobriety tests are supposed be conducted in a dry area. In this case, he had the defendant perform them in the rain. Also, officers are supposed to demonstrate the roadside tests properly on tape and here they were demonstrating in a very confusing way. Finally, the State could not place the defendant in actual physical control of the car at the time of the crash. On the day of trial, the DUI was Dismissed.
The DUI was dismissed.
Aug 7, 2025 Case: 25-CT-000315 Judge J. Steele

The defendant crashed her car into a ditch. Officers arrived and noticed an odor of alcohol, slurred speech, watery/glassy eyes, and stuttering/slurred speech. The defendant stated that she had consumed three vodka tonics and three shots. She performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was arrested for DUI and later refused a breath test.

After negotiations with the State regarding the evidence and the DUI, they Dropped the DUI.
The State dropped the DUI.
Aug 7, 2025 Case: 25-CT-024243 Judge Skinner

The defendant was stopped for driving too slowly and drifting back and forth. Officers stopped the defendant and noticed an odor of alcohol, slurred speech, a sway, and watery eyes. The defendant performed the HGN (eye test), one leg stand, and walk and turn exercises. He was subsequently arrested for DUI and later blew a .143 and .142 in the breath machine.

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

The State dropped the DUI.
Aug 6, 2025 Case: 25-CT-002018 Judge Taylor
The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, slurred speech, unsteady balance, a flushed face, and glossy/bloodshot eyes. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
All the airbags deployed during the crash in the defendant's vehicle. We pointed out to the State that any impairment, such as unsteady balance, bloodshot eyes, and slurred speech could have been equally attributed to being hit in the head and body with airbags versus alcohol. The State agreed and Dropped the DUI.
The State dropped the DUI.
Aug 6, 2025 Case: 25-CT-016884 Judge Taylor

The defendant was stopped for speeding. Officers observed an odor of alcohol, fumbling fingers, a blank/dazed stare, droopy eyelids, a sway to his stance, and slow/lethargic movements. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. The defendant later refused a breath test.

The defendant's performance on the field sobriety tests was much better on video tape than as described in the reports. Additionally, on tape, his speech was not slurred and he was not lethargic. The State Dropped the DUI after negotiations.

The State dropped the DUI.
Aug 6, 2025 Case: 25-CT-004362 Judge Taylor

The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, watery eyes, and slurred speech. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .120 and .114 in the breath machine.

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

The State dropped the DUI.
Aug 6, 2025 Case: 25-CT-008203 Judge Menz
Police were called to a bar regarding an intoxicated male (i.e., the defendant). The defendant was causing a disturbance as he was allegedly threatening bar staff and telling them he was going to kick their asses. Officers located the defendant and conducted a traffic stop. They observed an odor of alcohol and mumbled speech. Due to the defendant a having various medical ailments, he performed nonphysical field sobriety tests such as the HGN (eye test), finger to nose, palm pat, and hand coordination. He was then arrested for DUI and later refused a breath test.
On tape, the officer had no idea how to instruct the defendant on the field sobriety tests. Her instructions were so confusing that no one could understand them. The defendant had to ask several clarifying questions over and over on tape. Even the prosecutor, after viewing the tape, agreed with our position. After a few conversations, the State Dropped the DUI and he received no criminal conviction.
The State dropped the DUI.
Aug 5, 2025 Case: AJF4PBE Judge Lawhorne

The defendant was stopped for running a red light. Officers noticed an odor of alcohol, a flushed face, slurred speech, and he was unsteady. He also staggered and swayed. The defendant only performed the HGN (eye test) and then refused to perform all other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.

On tape, the defendant was not unsteady, his speech was not slurred, and he never staggered or swayed. Also, the officer never gave any adverse consequences when the defendant refused roadside tests as required by law. Also, when a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. The State Dropped the defendant's Second DUI.

The State dropped the DUI.
Aug 5, 2025 Case: 25-CT-001216AX Judge J. Steele
The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a sway. The defendant stated that he had drank beer and performed poorly on the field sobriety tests such as the HGN (eye test), one leg stand, and walk and turn. 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.
Aug 5, 2025 Case: 24-CT-020526 Judge Gutman
The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and bloodshot/glossy eyes. The defendant performed poorly on roadside tests, such as HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .150 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.
Aug 4, 2025 Case: 25-MM-001760AP Judge Hamilton
The defendant was stopped for failing to use a turn signal. Officers noticed an odor of alcohol, incredibly slurred speech, droopy eye lids, a flushed face and bloodshot/watery eyes. 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 refused a breath test.
Parks & Braxton filed a motion to suppress all the evidence. In our motion, we alleged that the traffic stop was unlawful. Pursuant to Florida Statute 316.155(1) and Florida case law (i.e., State v Riley), a traffic stop can only be conducted for failure to use turn signal if other traffic is affected. Here, there was no traffic affected. Thus, the stop was unlawful and all the evidence subsequent to the stop would have been suppressed (excluded). The State agreed and Dismissed the DUI.
The DUI was dismissed.
Aug 1, 2025 Case: 25-CT-004231 Judge Valkenburg
The defendant was stopped for driving the wrong way down a one-way street and almost causing a crash with another car. Officers noticed an odor of alcohol, unsteady balance, slurred speech, and a wristband on from a bar. He performed poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .182 and .180 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.
Aug 1, 2025 Case: 25-CT-006495 Judge Valkenburg

The defendant was stopped for speeding. Officers observed an odor of alcohol, unsteady balance, and red/watery eyes. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .164 and .156 in the breath machine.

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

The State dropped the DUI.
Aug 1, 2025 Case: 25-MM-001137 Judge Jo-Bell
The defendant was on the river in his kayak which a had a trolling motor. The police stopped him because he had no registration. Officers noticed an odor of alcohol, unsteady balance, and bloodshot eyes. After performing various boating under the influence field sobriety tests such as the HGN (eye test), finger to nose, palm pat, and hand coordination, he was arrested for Boating Under the Influence and later blew a .137 and .134 in the breath machine.
Under the law, the kayak having a motor can be the basis for a BUI charge. However, after conversations with the State about the ridiculousness of being arrested for BUI on a kayak on a river with a trolling motor, that can only go about 2 mph, the State Dismissed the BUI.
The BUI was dismissed.
Jul 31, 2025 Case: 25-CT-004387 Judge Rich
The defendant crashed his car on the highway into a median wall. Officers arrived and noticed an odor of alcohol, watery eyes, and slurred speech. He also had trouble balancing. The defendant stated someone else was driving the car. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.

When officers arrived, the defendant was standing outside his car. He denied being the driver. Other officers from a different agency were on scene as well and the State could not provide their names. The State could not prove that the defendant was the driver based on a lack of evidence and Dropped the DUI.

The State dropped the DUI.
Jul 31, 2025 Case: 25-CT-003084 Judge Rich

The defendant was found by police passed out in his running vehicle in the middle of an intersection. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was arrested for DUI after performing the HGN (eye test), walk and turn, and one leg stand exercises. He later blew a .132 and .130 in the breath machine.

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

The State dropped the DUI.
Jul 29, 2025 Case: 25-CT-023508 Judge T. Brown
The defendant was stopped for weaving and her driving pattern affected other traffic and pedestrians. Officers noticed an odor of alcohol, slurred speech, and slow movements. She performed poorly on 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 .173 and .172 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.
Jul 29, 2025 Case: 25-CT-006094 Judge Casanova
The defendant was stopped for swerving within the lane of travel and drifting over the dashed divider lines. Officers noticed an odor of alcohol and the defendant was requested to perform field sobriety tests. She then performed the HGN (eye test), walk and turn, one leg stand, and estimation of 30 seconds exercises. She was arrested for DUI and later refused a breath test.
An odor of alcohol alone is not enough to give an officer reasonable suspicion of a crime to request field sobriety tests. The firm put forth that all of her roadside tests were unlawfully obtained. In addition, the officers overexaggerated the extent of the weaving in their reports as compared to the videotape. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Jul 28, 2025 Case: 24-CT-054188 Judge Jacobus
The defendant was stopped for driving with no lights and crossing over the solid white line and right side of the roadway multiple times. There was no odor of alcohol, but officers noticed glassy eyes, slurred speech, a flushed face, and her movements were clumsy and slow. The defendant admitted to having taken several medications. She performed very poorly on roadside tests, such as the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later provided a urine sample. The sample was sent to the FDLE lab and came back positive for numerous illegal controlled substances.
After numerous conversations with the prosecutor and providing mitigation evidence on behalf of the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jul 22, 2025 Case: AJB43OE Judge Mckyton
The defendant was stopped for almost hitting an officer's police car. Officers observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. The defendant admitted to having drank Vodka, she staggered, and she swayed. The defendant performed poorly on various field sobriety tests such as HGN (eye test), the one leg stand, walk and turn, alphabet, and count backwards. She was arrested for DUI and later refused a breath test.
After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jul 1, 2025 Case: 25-CT-000380 Judge Distler
The defendant was stopped for speeding as she was traveling 107 mph in a 70 mph zone. Officers noticed an odor of alcohol, bloodshot/glossy eyes, and her pupils were dilated. The defendant admitted to having consumed two vodka drinks. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and later blew a .165 and .161 in the breath machine.

After conversations with the State and providing mitigation evidence to them regarding the defendant, the State Dropped the DUI.

The State dropped the DUI.
Jul 1, 2025 Case: 25-CT-003421 Judge Scott
The defendant was stopped for drifting all over the road and speeding. Officers noticed an odor of alcohol, slow movements, slurred speech, and watery eyes. The defendant appeared unsteady and admitted to drinking alcohol. After performing the HGN (eye test), he refused to do any further field sobriety testing. He was arrested for DUI and 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.

Jul 1, 2025 Case: 25-CT-003402 Judge Scott
The defendant was stopped for taking off at a red light at a high rate of speed. Officers noticed an odor of alcohol, slow movements, water/glossy eyes, and slurred speech . The defendant stated he was out looking for a physical therapy clinic. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
There was no probable cause to stop the defendant. The State agreed with our position and Dropped the DUI. The defendant received no penalties other than court costs.
The State dropped the DUI.
Jul 1, 2025 Case: 25-CT-000981 Judge Scott
The defendant was stopped for weaving and running a stop sign. Officers noticed an odor of alcohol, a dazed stare, a flushed face, and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .180 and .178 in the breath machine.

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

The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-019969 Judge Skinner
The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, and slow/clumsy/lethargic movements. The defendant stated that he had consumed three beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .176 and .174 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.
Jun 30, 2025 Case: 25-MM-010023 Judge Skinner
The defendant was stopped for driving 45 mph in a 60 mph zone and weaving. Officers observed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. After commands for the defendant to stand in a certain location, the officer grabbed the defendant's arm. He tensed up and was taken to the ground. He was charged with DUI and resisting an officer without violence. He later refused a breath test.
The police reports were highly exaggerated and made the defendant out to be falling down drunk. The video contradicted almost every observation written in the reports. Officers were the aggressors in the takedown, not the defendant. The State Dropped the DUI and Dismissed the resisting charge.
The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-014142 Judge Skinner
The defendant was stopped for weaving. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant stated that she had drank two beers. She performed very 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 refused a breath test.
After negotiations with the prosecutor, regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-014204 Judge Skinner
The defendant was stopped for speeding. Officers noticed an odor of marijuana and saw rolling papers as well as a partially burned paper. They also observed mumbling speech, a sway, and glassy eyes. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg, he was arrested for DUI. He provided a urine test which came back from the lab positive for marijuana.
After several conversations with the prosecutor regarding the defendant and evidence, the State Dropped the DUI.
The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-019911 Judge Skinner
The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot eyes, slurred speech, a sway, and he stated that he had consumed two beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .141 and .130 in the breath machine.

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

The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-019406 Judge Skinner
The defendant was stopped for weaving on five occasions. Officers observed an odor of alcohol, glassy/red eyes, and slow/slurred speech. The defendant performed the HGN (eye test), walk and turn, one leg stand, and alphabet exercises. He was arrested for DUI and later refused a breath test.

After several conversations with the prosecutor, the State Dropped the DUI.

The State dropped the DUI.
Jun 27, 2025 Case: 25-CT-003558 Judge Bonavita
The defendant was stopped for driving with a left headlight being out. Officers noticed an odor of alcohol, she was slow and fumbled with her paperwork, and admitted to having consumed three drinks. After performing the HGN (eye test), walk and turn, one leg stand, and estimation of 30 seconds exercises, she was arrested for DUI. She later blew a .144 and .138 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 26, 2025 Case: 25-CT-018011 Judge T. Brown

The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and she had a sway to her stance. She performed the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was subsequently arrested for DUI and later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 25, 2025 Case: AJF4QVE Judge Croff
The defendant was stopped for following too closely and weaving. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, fumbled dexterity, and unsteady balance. The defendant refused to perform any 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.
Jun 25, 2025 Case: AJF4PGE Judge Croff
The defendant was stopped for sitting through a light cycle, weaving, and speeding. Officers noticed an odor of alcohol, he exited the car slowly, and had glassy eyes. He swayed while standing and walked unsteadily. The defendant performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and subsequently refused a breath test.
After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jun 25, 2025 Case: AJ8ZENE Judge Lawhorne
The defendant was stopped for weaving and speeding. Officers noticed and odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed a battery of nonphysical field sobriety tests due a medical condition which prevented him from performing the walk and turn and one leg stand. The officer had him do the HGN (eye test), estimation of 30 seconds, and finger to nose exercises. He was arrested for DUI and later refused a breath test.
Medical records were provided to the State by the firm regarding his severe medical condition which caused his speech to be slurred, as well has his balance and physical capabilities. After a review, the State Dropped the DUI.
The State dropped the DUI.
Jun 23, 2025 Case: 25-CT-002967 Judge Griner
The defendant was stopped for speeding as he was driving in excess of 90 mph. Officers noticed an odor of alcohol, red/bloodshot eyes, and slurred speech. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew .098 and .096 in the breath machine.
The officer misstated the law to the defendant while requesting a breath test. He told him on tape that if he blew under the legal limit, he would be good to go and "wouldn't have to worry about a DUI." That is not true because he cannot be unarrested, can still be charged with DUI by the State, and the officer has no idea what a prosecutor will do. The State Dropped the DUI realizing the breath test would be excluded from evidence.
The State dropped the DUI.
Jun 23, 2025 Case: 25-CT-500419 Judge Gonzalez

The defendant crashed his car into a concrete drain on a front lawn. Officers arrived and noticed an odor of alcohol, watery/bloodshot eyes, and slow speech. The defendant was combative and very sweaty. The defendant then performed the HGN (eye test), walk and turn, one leg stand, finger to nose, alphabet, estimation of 30 seconds, and count backwards exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.

On tape, the defendant told the officer that he could not perform the physical exercises such as the walk and turn and one leg stand due to previous injuries. They still made him do it and he performed poorly. However, on the nonphysical exercises, such as the finger to nose, alphabet, count backwards, and estimation of time (30 seconds), he performed very well. The officer can even be heard on tape prior to the walk and turn telling the defendant, "it is not a normal way to walk." The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jun 23, 2025 Case: 25-CT-500443 Judge Gonzalez
The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, a flushed face, red eyes, and slurred speech. The defendant stated that she had consumed a few drinks after work. She performed very poorly on the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
On tape, the officer misstated the law when requesting her to perform the field sobriety tests. He told her that on the back of her driver's license it says what is going to happen if she refused, that she would go to jail and be given a breath test. None of that is on the back of anyone's driver's license. It was not only a misstatement of law but also coercion. It should be noted that the officer could be heard on video stating that this was his first DUI.
The State dropped the DUI.
Jun 23, 2025 Case: 25-CT-503877 Judge Gagliardi

The defendant was stopped for swerving, improper lane changes, and changing speeds up and down. Officers noticed an odor of alcohol, a flushed face, watery eyes, and she swayed and staggered. Her speech was thick tongued as well. She performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.

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

The State dropped the DUI.
Jun 18, 2025 Case: 25-CT-004886 Judge Taylor
The defendant was stopped for driving the wrong way and nearly struck the officer's police car. Officers observed an odor of alcohol, unsteady balance, a blank stare, and slurred speech. The defendant performed sobriety tests such as the HGN (eye test) and walk and turn. For safety reasons, due to her level of intoxication, the one leg stand was not performed. She was arrested for DUI and later blew a .204 and .199 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 18, 2025 Case: 25-CT-010810 Judge Musselman
The defendant was stopped for driving 95 mph in a 70 mph zone and also swerving numerous times. Officers noticed an odor of alcohol, he stumbled getting out of the car and had watery eyes. When asked if he had been drinking, he replied, "not enough" then laughed. He performed poorly on various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .163 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.
Jun 18, 2025 Case: 25-CT-017979 Judge Mussleman
The defendant was involved in an accident whereby he hit a light pole. Officers caught him leaving the parking lot and stopped him. They noticed an odor of alcohol, he appeared confused, and had bloodshot/glassy eyes. The defendant was arrested for DUI and later refused a breath test.
For whatever unknown reasons on tape, the officers never even asked the defendant to perform any field sobriety tests. Thus, they didn't conduct any DUI investigation. After conversations with the State about the lack of evidence, they Dismissed the DUI and he pled to a leaving the scene of accident. He received no conviction, no points, and only had to pay court costs.
The DUI was dismissed.
Jun 17, 2025 Case: 24-CT-018785 Judge Valkenburg

The defendant was stopped for weaving as he crossed over the lines several times, almost hit a curb, and almost struck another car. Officers observed an odor of alcohol, bloodshot eyes, and he admitted to having consumed three beers. He then performed various field sobriety tests, such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test.

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

The State dropped the DUI.
Jun 17, 2025 Case: 24-CT-021397 Judge Valkenburg
The defendant was stopped after he drove through a checkpoint at the port. He told the cops he had to pee. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred/thick tongue speech. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
On tape, the defendant's speech was not slurred, he had no balance issues, walked normal, stood normal, and was responsive and coherent. In conversations with State, we pointed out that he was not impaired. Prior to trial, the State Dropped the Second DUI.
The State dropped the DUI.
Jun 16, 2025 Case: 24-CT-002365 Judge Hendricks
The defendant was found by police passed out in his car on the side of a Denny's restaurant. Officers noticed an odor of alcohol, vomit on the defendant, slurred speech, and he admitted to having consumed rum and cokes. 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. This was the defendant's Second DUI arrest.

The officer’s reports were contradicted by the video. On tape, he performed much better on the field sobriety tests than as described in the reports. In addition, we raised issues about actual physical control due to the keys being in the defendant's pocket.

The State dropped the DUI.
Jun 16, 2025 Case: 25-CT-015889 Judge Jacobus
The defendant was stopped for driving with no lights and also failing to maintain a single lane. Officers observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He also swayed while he stood, appeared unsteady on his feet, and his movements were slow. After performing the HGN (eye test), one leg stand, and walk and turn roadside tests, he was arrested for DUI. He later refused a breath test.
On tape, the officer misinformed the defendant that the field sobriety tests were required by law. That is a misstatement, as only a blood, breath, or urine test is required by law. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Jun 16, 2025 Case: 25-CT-013068 Judge Jacobus
The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery eyes, and his pupils were dilated. Officers also observed two Bud Light beers in the car and the defendant stated that he had consumed four beers. The defendant performed various field sobriety tests such as the one leg stand, finger to nose, alphabet, HGN (eye test) and estimation of 30 seconds. He was arrested for DUI and later blew a .187 and .182 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 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.
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