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The defendant was observed passed out in his vehicle with the engine running
at the entrance to his security gate. The officer woke the defendant up
and observed a strong odor of alcohol, bloodshot watery eyes, as well
as slurred speech. When asked if he knew where he was, the defendant gave
the name of a completely different city. The defendant performed poorly
on a series of field sobriety exercises and was arrested for DUI. He subsequently
refused to submit to a breath test. This was the defendant's second DUI.
The defendant was detained by police when the police boarded his boat for
a safety inspection as he pulled up to the dock. They noticed an odor
of alcohol, unsteadiness, slurred speech, and bloodshot eyes. When asked
to perform roadside tests, he became very combative and refused. He was
then arrested for boating under the influence (BUI). He later refused
the breath test.
The defendant was found passed out in his vehicle in someone's driveway.
The homeowner called the police about a suspicious vehicle in their driveway.
Officers found the defendant passed out in his truck with the engine running.
They noticed the defendant to have an odor alcohol, slurred speech, and
blood shot eyes. He performed poorly on roadside tests and was arrested
for DUI. He later blew a .150 and .135 in the breath machine.
When the defendant blew into the machine three other times prior the police
obtaining the above results, there was a problem with the machine as it
kept purging. Also, one of the control tests was out of range. The control
test is supposed to be between .075 and .085, however, on one of his blows
it was .074 (out of range). Due to problematic issues with the machine,
the State Dropped the DUI.
The defendant was stopped for weaving all over the roadway. The officer
noticed an odor of alcohol, bloodshot eyes, and she appeared unsteady.
A bottle of Corona with a lime was found inside the car. After performing
field sobriety tests, she was arrested for DUI. She later refused the
Parks & Braxton announced ready for trial. After several conversations
about the evidence with the prosecutor, the State Dropped the DUI on the
day of trial.
The defendant was stopped for failing to maintain a single lane and almost
causing a collision with a police officer. Once stopped, the officer observed
an odor of alcohol, droopy eyes, and a glassy stare. His speech was slurred
and slow. He also staggered, swayed, and had bloodshot eyes. He then performed
various roadside tasks and was arrested for DUI. He later blew a .151
and .150 in the breath machine.
The officer’s written reports exaggerated the defendant's level
of impairment as to all physical observations and the roadside tests as well.
The defendant was stopped for driving with no lights after dusk. Officers
noticed an odor of alcohol, a flushed/red face, and slurred speech. The
defendant admitted to having drank one drink. He then performed the HGN
(eye test), walk and turn, and one leg stand exercises. He was then arrested
for DUI and later refused the breath test.
On video, we pointed out to the State that the defendant's roadsides
were much better than written in the reports and there was no probable
cause to arrest him based on his performance. In addition, he had no slurred
speech on tape. The State Dropped the DUI and he received no conviction.
After several negotiations with the State regarding the defendant himself
and the evidence, they Dropped the DUI and he received no conviction.
The defendant was stopped after the officer noticed him drifting and crossing
over the lane markers several times. The officer did not smell any alcohol,
but noticed the defendant to appear lethargic, his speech was slurred,
and his eyes were red and watery. His movements were slow and he performed
poorly on roadside tests. He was then arrested for DUI and later asked
to provide a urine sample as the officer believed he was impaired by drugs.
The FDLE lab report showed positive results for marijuana and Xanax.
The defendant was stopped for not having any headlights or tail lights
illuminated. The officer noticed an odor of alcohol, a blank/dazed stare,
and watery eyes. She had droopy eye lids and fumbling fingers. She then
performed roadside tests such as the walk and turn and one leg stand.
She was subsequently arrested for DUI and later blew a .119 and .112 in
the breath machine.
The defendant was stopped for having no taillights on and drifting by crossing
over the fog line. The officer noticed an odor of alcohol watery/bloodshot
eyes, and slurred speech. He also appeared unsteady and had to lean on
his car for balance. He refused to perform roadside tests and was arrested
for DUI. He later refused the breath test. This was the defendant's
Third DUI arrest and also he was charged with a second refusal.
The defendant was stopped for weaving and speeding. The officer noticed
an odor of alcohol, red/glassy eyes, and a flushed face. The defendant
had a stamp on his hand from a bar. He was asked to perform roadside tests,
but he refused. He was then arrested for DUI and later refused the breath test.
The defendant was stopped after he was weaving all over the road for a
lengthy period of time. The officer noticed an odor of alcohol, slurred
speech, and bloodshot watery eyes. Two unopened cases of beer were also
spotted in the defendant's car. He was then asked to perform various
roadside sobriety tests. He was then arrested for DUI and later refused
the breath test. While being arrested, he allegedly pulled away and was
tackled. He was also charged with resisting an officer without violence.
Although the erratic driving pattern was captured on video tape, the officer
at that point only had reasonable suspicion to believe the defendant was
DUI. After the defendant performed well on the field sobriety tests on
tape, there was now a lack of probable cause to arrest him for DUI. The
defendant did perform well on video tape and was still arrested. On the
day of trial, the State Dropped the DUI and also he received no criminal
conviction on the resisting without violence charge.
The roadside observations as written in reports were highly exaggerated
as compared to the video. After several negotiations with the prosecutor,
the State Dropped the DUI.
As a result of the crash, the defendant's car was completely inoperable.
The defendant maintained that he did not begin drinking until after the
crash. In addition, the firm presented a call log that proved that the
defendant called the tow truck company shortly after the crash, and remained
in the vehicle for over an hour until the police arrived. The law requires
that the State prove beyond all reasonable doubt that the defendant was
impaired at the time the vehicle was operable. Without evidence of intoxication
at the time of the crash the State could not prove the DUI.
The State dropped the DUI.
The defendant was the at fault driver in a rear end crash. Officers did
not smell any alcohol, but they noticed glossy eyes, and lethargic behavior.
She was sweating profusely and was unsteady. Believing she was impaired
by drugs, she then performed roadside tests. She performed poorly on tape
and was arrested for DUI. She later refused a urine test.
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