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DUI Wins

Our Recent Victories

Jan 9, 2018 Case: 16-0022906MU10A Judge Solomon
The defendant was stopped after his tires struck a curb and his car lost traction. The officer observed the defendant to have an odor of alcohol, red eyes, and he appeared unsteady. The defendant held onto the car for balance after he exited. He then refused the roadside tests and was arrested for DUI. This was the defendant's Second DUI.
Parks & Braxton filed a pretrial motion to exclude the defendant's refusal to perform roadside tests because the officer did not advise him of any adverse consequences. The Judge granted the motion and the State later Dropped the DUI. The firm also took a pretrial deposition of the arresting officer whereby his deposition testimony contradicted his police reports. Thus, his credibility was also called into question.
The State dropped the DUI.
Jan 9, 2018 Case: 16-001350MU10A Judge Brown
The defendant was stopped after a caller dialed 911 stating that the defendant was driving all over the road. When the officer pulled in behind her, he observed her slowing down then speeding up. Upon activating his overhead lights, the defendant did not pull over immediately. Once stopped, the officer drew his gun and ordered her out of the car. He then observed her to have an odor of alcohol, slurred speech, and red/glossy eyes. She then performed the field sobriety tests. For example, on the one leg stand, she stopped the exercise numerous times, used her arms for balance, and stopped counting. On the walk and turn, she stepped off the line numerous times, used her arms for balance, and took an incorrect number of steps. She was then arrested for DUI.
Parks & Braxton took a pretrial deposition of the arresting officer. After taking his sworn testimony, the firm filed an pretrial motion to suppress for an unlawful stop. Also, the firm filed another motion to suppress, alleging in our motion that the defendant was unlawfully ordered out of her car and unlawfully detained at gun point. The firm won the motions and and all of the evidence was thrown out. The DUI was then Dismissed.
The DUI was dismissed.
Dec 18, 2017 Case: 14-041218MU10A Judge Evans
The defendant was stopped for running a solid red arrow light. The stopping officer observed signs of impairment and called for a DUI unit. The officer who arrived, observed the defendant to have an odor of alcohol, slurred speech, and he was unsteady. His eyes were glassy and bloodshot and he had trouble answering simple questions. The defendant agreed to perform the HGN (eye test) then refused all further field sobriety tests. He was then arrested for DUI. He later refused the breath test. The defendant was also criminally charged with a second or subsequent refusal to provide a breath test. It should be noted, this was the Defendant's SEVENTH DUI Arrest.
Parks & Braxton took pretrial depositions of the two officers. Each officer gave conflicting sworn statements about their observations. Thus, both of the officers’ credibility were now called into question. In addition, the firm filed a motion to exclude the defendant's refusal to perform the field sobriety tests because the officer did not to advise him of any adverse consequences for refusing. The Judge then excluded the refusal based on the case law provided by the defense. After reading the two depositions and knowing that the refusal was excluded, the State then Dropped the Defendant's Seventh DUI.
The State dropped the DUI.
Dec 15, 2017 Case: A6MM10E Judge Vacarro
A Tampa police officer was summoned, while sitting in traffic, by civilians that the defendant and another individual were fighting. The officer was on his way to work and was in Clearwater. The officer got out of his car and saw the fight in the street. Upon breaking up the fight, he observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant swayed while he stood and admitted drinking vodka. That officer then called for a Clearwater police officer as it was their jurisdiction. Upon arrival, the defendant was then asked to perform field sobriety tests to which he refused. He was arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI.

Parks & Braxton filed a pretrial motion to suppress the evidence. In our motion we alleged that under Florida Statute 910.15, when there is no crash, an officer must observe every element of a misdemeanor crime for the arrest to be lawful. Here, the Tampa officer was outside his jurisdiction, thus he was considered a civilian. The Clearwater officer never saw the defendant behind the wheel. Therefore, the DUI arrest was unlawful. Prior to the motion hearing, the State dropped the DUI.

The State dropped the DUI.
Dec 15, 2017 Case: 2017-CT-012415 Judge Bryson
The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. His face was flushed and he admitted to consuming three drinks. According to the officer, he failed the walk and turn, one leg stand and HGN (eye test) tests and was arrested for DUI. After his arrest, he blew a .094 and .091.
Due to the .02 margin of error in the breath machine, the firm was able to place the defendant's breath test results under the legal limit. Also, there was no video tape at the scene and the officer did not write any specific details outlining the defendant's performance on the field sobriety tests. The State then Dropped the DUI.
The State dropped the DUI.
Dec 15, 2017 Case: 2017-CT-011212 Judge Eissey
The defendant was stopped because her taillights were not functioning. Upon making contact, the officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. She admitted to having consumed whiskey, was stumbling, and was off balance. She then performed poorly the roadside tasks and was arrested for DUI. She later blew a. 134 and .131 in the breath machine.
After pre trial negotiations, the State dropped the DUI.
The State dropped the DUI.
Dec 14, 2017 Case: 2017-CT-006068 Judge Valkenburg
The defendant was involved in a two car crash whereby by his car flipped over. When police and fire rescue arrived, they observed the defendant crawling out of the car. They observed him to have an odor of alcohol, bloodshot eyes, and slurred speech. He appeared confused and off balance. The defendant performed very poorly the roadside tests and was arrested for DUI. He subsequently refused a blood draw. This was the defendant's Second DUi.
Fire rescue had placed a neck brace on the defendant. The investigating DUI officer asked him to take it off prior to conducting field sobriety tests, shortly after he had been a rollover crash. The officer then had the defendant perform walk and turn and one leg stand exercises. It was obvious from the videotape that the defendant had been injured in the crash and that any impairment was due to the injuries from the crash (ie. neck brace) and not alcohol.
The State dropped the DUI.
Dec 13, 2017 Case: 2017-CT-000754 Judge McGarity
The defendant was stopped for driving without his seat belt. The officer noticed an odor of alcohol and thick tongued speech. The defendant admitted to drinking 3 beers. An open cold beer was found in the car, along with closed beer cans. He refused to perform the field sobriety tests and was arrested for DUI. He later refused the breath test.
Parks & Braxton had many pretrial discussions with the State prior to trial.
The State dropped the DUI.
Dec 13, 2017 Case: 2015-CT-000456 Judge Bell
The defendant was stopped for driving without headlights on. Once stopped, the officer observed the defendant to have an odor of alcohol, an odor of marijuana, bloodshot/glassy eyes, and slurred speech. The defendant admitted to consuming Vodka and he also had an orbital sway. He then performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .199 and .195 in the breath machine.
After pretrial negotiations with the State, they Dropped the DUI.
The State dropped the DUI.
Dec 12, 2017 Case: 17--MM-001420 Judge J. Martin
THIS IS A BUI CASE – BOATING UNDER THE INFLUENCE. The defendant's boat was boarded by Florida Fish and Wildlife police for a light violation. Upon contact with the defendant, officers noted him to have an odor of alcohol, slurred speech, and talked as if he had a dry mouth. The defendant stated he had drank about 4 to 5 beers, and smoke some pot. Due to the fact the defendant had been out on the water, the officers administered nonphysical field sobriety tests. They included the HGN (eye test), finger to nose, palm pat, and hand coordination tests. He was then arrested for boating under the influence. A search incident to arrest revealed a baggie of marijuana and a pipe. He was also charged with possession of marijuana and possession of paraphernalia. After his arrest, he blew a .109 and .105 in the breath machine.
The firm noted that each officer had written a different report. On each report, they all made contradictory statements and observations of the defendant. Also, the roadside test report was vaguely written with hardly any specific details. The State Dropped the BUI and the defendant also received no convictions for the two possession charges.
The State dropped the BUI.
Dec 12, 2017 Case: 14-0002369MU10A Judge Lerner-Wren
The defendant was stopped for straddling the bicycle lane and almost striking other vehicles. The officer noticed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant then performed the walk and turn, finger to nose, and HGN (eye test) exercises. For example, on the walk and turn, he missed heel to toe, stumbled, and took an incorrect number of steps. On the finger to nose, he kept his eyes open and missed the tip of his nose. He was then arrested for DUI and later refused the breath test.
The defendant had a very thick Spanish accent and was also speaking Spanish. The officer, who did not speak Spanish, did not ever call for a translator. It was clear form the tape that there was a language barrier and any impairment was not due to alcohol, but due to the language barrier.
The State dropped the DUI.
Dec 11, 2017 Case: 17-000048TTAXMX Judge Cowden for Judge Riteneour
The defendant was involved in a sideswipe crash. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant stated he had also taken Xanax and muscle relaxers earlier that morning. He was also observed to have been stumbling. The defendant then performed the HGN (eye test) and finger to nose tests. The walk and turn and one leg stand tests were not administered due to the defendant's prior injuries. He was then arrested for DUI. This was the defendant's Second DUI arrest and he was also charged with Second or subsequent refusal to provide a breath test and/or urine test.
The firm pointed out to the State that the HGN would not be admissible into evidence because the officer was not a DRE (drug recognition expert). In addition, since the officer did not read the defendant his Miranda rights, all of the defendant's statements about the drugs would have been excluded from evidence pursuant to the accident report privilege. Furthermore, there were conflicting stories as to who caused the crash. Finally, the firm pointed out that the video never showed the defendant stumbling or speaking with a slurred/mumbled voice. The State Dropped the DUI and the Second Refusal charge was Dismissed.
The State dropped the DUI.
Dec 6, 2017 Case: 17-CT-006257 Judge Myers
The defendant was stopped for driving in a reckless manner and speeding. Officers noted the defendant to have an odor of alcohol, slurred speech, and a drowsy appearance. He also had droopy eyelids and red/glassy eyes. He was unsteady and off balance. He then performed the field sobriety tests and was subsequently arrested for DUI. This was the defendant's THIRD DUI arrest this year.
The video contradicted the officer's reports and this was brought to the State's attention. Just prior to trial, the State Dropped the DUI. It should be noted, Parks & Braxton represented this client on all three of his DUI cases this year. The firm won all three DUI's and the defendant did NOT receive one DUI conviction on his record.
The State dropped the DUI.
Nov 29, 2017 Case: 2017-CT-015660 Judge McNeil
The defendant was involved in a sideswipe crash. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was making unusual statements and denied drinking. The defendant then performed the walk and turn, one leg stand, and finger to nose tests. He was then arrested for DUI. This was the defendant's Third DUI.
First, there were two different stories of how the accident occurred and who was actually at fault. Also, the defendant told the officer prior the field sobriety tests that he had a screw in his right ankle from breaking it years ago. In addition, he told him he was under the care of a doctor for the injury. The officer still proceeded to administer the one leg stand and walk and turn tests. The defense provided the medical records as proof to the State. There was doubt as to whether the defendant's alleged impairment was due to alcohol or the injuries he had sustained.
The State dropped the DUI.
Nov 29, 2017 Case: A760BZE Judge Bedinghaus
The defendant was found the by the police passed out and slumped over the wheel at an intersection. Officers observed the defendant to have bloodshot/glassy eyes, he was very unsteady, and swayed while he stood. The officer, having not observed an odor of alcohol, believed that the defendant was impaired by a chemical and/or controlled substance based on the defendant telling him he had been taking pain medication by the dentist for a dental procedure earlier that week. The defendant then performed the roadside tests. For example, on the walk and turn, he took an incorrect number of steps, stepped off the line, did not touch heel to toe, and lost his balance during the turn. He was then arrested for DUI. He subsequently refused both a breath and urine test.
The defendant wasn't able to articulate what specific medication he had been taking. Under Florida law, a defendant, to be convicted of DUI, must either be impaired by alcohol and/or a chemical and/or a controlled substance. Here, the State could not prove by which specific chemical and/or controlled substance was impairing the defendant as required by Florida Statute 316.193. This was brought to the State’s attention during pretrial discussions. The State Dropped the DUI to civil traffic infraction
The State dropped the DUI.
Nov 22, 2017 Case: 2017-CT-007425 Judge Cameron
The defendant was stopped for weaving in and out of his lane of travel. The officer observed an odor of alcohol, slurred speech, and he appeared confused and disoriented. He admitted to having consumed 3 bourbons. The defendant was off balance and stumbled while exiting the car. He then performed very poorly on the field sobriety tasks. For example, he almost fell over while walking the line. The defendant was arrested for DUI and subsequently blew .175 and .170 in the breath machine.
After pretrial negotiations with the State, they Dropped the DUI short of a trial.
The State dropped the DUI.
Nov 20, 2017 Case: 2017-CT-000558AX Judge Henderson
The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol and slurred/thick tongued speech. The officer could smell the alcohol from six feet away. The defendant performed the field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI.
It was clear from the officer's reports describing the defendant's performance on the roadside tasks that they were contradictory to the video tape. In fact, the officer had written a females name when describing the roadside tasks, and not the defendant's in certain parts of the report. Thus, the question then became, was the officer writing about this defendant or another. His credibility was now called into question.
The State dropped the DUI.
Nov 16, 2017 Case: 2017-CT-031179 Judge T. Brown
The defendant was stopped for driving with no rear lights illuminated. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and was slow in her movements. She then performed the HGN (eye test), walk and turn, and one leg stand tests. She was arrested for DUI and subsequently blew a .101 and .094 in the breath machine.
The firm pointed out with the .02 margin of error in the breath machine, one of the defendant's breath tests results would have been under the legal limit. In addition, on video, we pointed out to the State that the officer conducting the roadside tests was a trainee. It was clear from the tape that she was unsure whether to arrest the defendant as she had to consult with the FTO (field training officer) a few times. In addition, on the HGN (eye test), there was no angle of onset in the defendant's eyes prior to 45 degrees. That would indicate, under Tharpe's Formula, the defendant's breath alcohol level would have been under the legal limit.
The State dropped the DUI.
Nov 16, 2017 Case: 2017-CT-025541 Judge T. Brown
The defendant was stopped for speeding and following too closely. The officer noticed the defendant to have an odor of alcohol, watery eyes, and mumbled speech. He also had a flushed face, staggered while walking, and swayed while he stood. He was then asked to perform the field sobriety tests. He was then arrested for DUI and subsequently refused the breath test.
Parks & Braxton pointed out to the State that the defendant did not speak any English on video tape. Yet, the officer who only spoke English, was trying to get the defendant to understand the instructions to the roadside tests by having read the instructions himself in Spanish from a card. This was a direct violation of the NHTSA rules on roadsides They require that an officer explain and then demonstrate the tests, not hand an instruction card to a defendant. Furthermore, the video contradicted the officer's report as the defendant was not staggering or swaying on tape.
The State dropped the DUI.
Nov 16, 2017 Case: 2017-CT-030408 Judge T. Brown
The defendant was found by police passed out in his car in a parking lot. Upon awakening the defendant, the officer observed him to have an odor of alcohol and bloodshot eyes. He exited the car slowly and and swayed while he stood. He was then asked to perform the field sobriety tests. According to the officer, he failed and was arrested for DUI.
The defendant was not in actual physical control of the vehicle even though the engine was running. Per the jury instruction on actual physical control, one has to have the "capability" to operate a motor vehicle. Here, he could not be "capable" of operating the car because he was sleeping. The State dropped the DUI and the defendant received no conviction on his record.
The State dropped the DUI.
Nov 7, 2017 Case: 17-CT-501760 Judge Gill
The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had a blank stare. The defendant stated he had drank beer and a bottle of tequila was found in the car. The defendant then performed the HGN (eye test), walk and turn, and one leg stand tests. He was then arrested for DUI and subsequently refused the breath test.
Parks & Braxton announced ready for trial. On the day of trial, the State Dropped the DUI.
The State dropped the DUI.
Nov 7, 2017 Case: 2017-CT-022307 Judge Baker
The defendant was stopped for crossing over the center lane marker and stopping in the middle of the roadway. The officer noticed the defendant to have an odor of alcohol, glassy eyes, lethargic movements, and he admitted to having drank two beers. The defendant then performed the roadside tests. He was then arrested for DUI.
The officer had wrote in the reports that the walk and turn and one leg stand tests were conducted on a level surface. When the defense watched the video, one could clearly see that the ground was not level and was on a major slant. This was a violation of the NHTSA manual on filed sobriety tests. Further, the officer made the police reports seem like the defendant was a falling down drunk, yet the video tape contradicted those allegations.
The State dropped the DUI.
Nov 7, 2017 Case: 17-000003MU10A Judge Pole
The defendant was stopped for driving slow and swerving. Upon contact with the defendant after the traffic stop, the officer observed the defendant to have an odor of alcohol, red eyes, and slurred speech. The defendant stated he had been coming from the casino and had drank beer. The defendant was asked to perform the field sobriety tests. For example, on the walk and turn, he stepped off the line, missed heel toe, and had to stop and steady himself. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest, he blew .165 and .162 in the breath machine.
Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no probable cause or reasonable suspicion of a crime for the officer to lawfully stop the defendant. At the motion hearing, the officer, upon cross examination by the defense, was not able to testify to any specifics of the defendant's driving pattern such as distance traveled, time he was behind the defendant, speed, or how many times he had weaved. After hearing all the testimony and being provided case law by the defense, the judge Granted the motion and threw out all of the evidence.
The DUI was dismissed.
Nov 3, 2017 Case: 2017-CT-002215 Judge Bryson
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was then asked to step out of the car and perform field sobriety tests. He then performed the HGN (eye test), one leg stand, and walk and turn tests. For example, on the walk and turn, he missed heel to toe, lost his balance, and used his arms for balance. On the one leg stand, he swayed, used his arms for balance and did not complete the test. He was then arrested for DUI and later refused the breath test. This was the Defendant's Second DUI.
The firm pointed out to the State that the roadsides were conducted on a very large slant in the road, on the side of I-95. Per the NHTSA manual on field sobriety tests, they are supposed to be conducted on level ground. In addition, rather than taking the defendant off the highway to do them, he had him perform the test within a few feet of moving traffic. Finally, per the NHTSA manual, roadsides are supposed to be explained and demonstrated prior to administering them. Here, the officer violated procedure and did not demonstrate the walk and turn. In fact, after the defendant performed it, another officer actually came over to help the first officer and he demonstrated it. The defendant had to then do it a second time. Prior to trial, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Nov 1, 2017 Case: 2017-CT-007660 Judge Cameron
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank a couple of whiskeys. The defendant then performed the roadside tasks. According to the officer, he performed poorly and was arrested for DUI.
The video tapes totally contradicted the officer's reports about the extent of the defendant's level of impairment. After a full review of the evidence, the DUI was Dismissed prior to trial.
The DUI was dismissed.
Oct 31, 2017 Case: 2017-CT-010599 Judge Farr
A call went out about a driver who was all over the road. The driver was the defendant. Officers spotted the car in question parked upon a curb on the side of the road. When the officer went up to the car, he noticed vomit on the ground outside the driver's door. Upon talking to the defendant, he noticed an odor of alcohol, bloodshot eyes, and she admitted to having drank 4 beers and getting sick. The defendant was unsteady and then performed poorly on the field sobriety tests. She was arrested for DUI and subsequently refused the breath test.
After numerous pretrial talks with the prosecutor, the State Dropped the DUI just prior to trial.
The State dropped the DUI.
Oct 26, 2017 Case: 2016-MM-009267MMAXWS Judge Grey
The defendant was stopped for weaving all over the road which was captured on video tape. Upon contact, the officer observed the defendant to have an odor of alcohol, he smelled marijuana coming from the interior of the car, and noticed bloodshot/watery eyes. The officer had to repeat questions to the defendant as she wasn't listening. The defendant was detained as the officers searched for marijuana. After finding marijuana, the officer then asked the defendant to perform roadside tests to which she refused. She was arrested for DUI and possession of marijuana. After her arrest, she refused the breath test. This was the Defendant's Second DUI and also her second refusal charge for failing to provide a breath and/or urine test.
The firm was able to enhance the poor audio quality on the officers' body cameras. After we were able to that, the defense was able to hear the arresting officer talking to the other officer and commenting that the defendant may not be impaired, yet he was going to conduct a DUI investigation. This was immediately brought to the attention of the State. The refusal charge was Dismissed, the defendant received no conviction at all on the marijuana charge, and the DUI was Dismissed.
The DUI was dismissed.
Oct 26, 2017 Case: 2017-CT-001115 Judge Cameron
The defendant crashed his car into a parked car. When officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and he had glossy eyes. He also had a hard time walking and keeping his balance. The defendant admitted to having a few drinks and just stared into space on numerous occasions. The defendant performed poorly on field sobriety tests and was arrested for DUI. After his arrest, he attempted to blow into the breath machine but the machine registered invalid samples of a .185 and .198. Thus they stated he refused.
Parks & Braxton had pre trial negotiations with the State. The State then Dropped the DUI.
The State dropped the DUI.
Oct 25, 2017 Case: 2017-MM-029088 Judge Atkin
Officers responded to a beach parking lot in response to call about an unresponsive male. When they arrived, they noticed the defendant passed out in his car. Upon awakening the defendant, the officer observed him to have bloodshot eyes and dilated pupils. His speech was mumbled and slurred. The defendant was asked to perform field sobriety tests. He performed very poorly and was arrested for DUI.
The defendant had been arrested in May of 2017. He did not hire the firm until September. He had been going to court by himself for months with no lawyer. The State had not provided him any discovery or even filed any charges. Parks & Braxton, upon obtaining the police reports called the State. We pointed out that under Florida law, to prove DUI, a defendant must be under the influence of either alcohol and/or a "specific" chemical and/or controlled substance. Here, since there was no odor of alcohol, the State could not prove by which "specific" chemical and/or controlled substance was allegedly impairing the defendant as required by the DUI Statute, 316.193. The firm convinced the State to not even file any charges against the defendant.
The DUI was dismissed.
Oct 23, 2017 Case: 2413-XBS Judge Newman
The defendant was the at fault driver in a sideswipe crash. Upon arrival, the officer noticed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having consumed a glass of wine. She was then asked to perform the field sobriety tests. For example, on the walk and turn, she stopped walking to steady herself, didn't touch heel to toe, and took an incorrect number of steps. On the one leg stand, she put her foot down. She was then arrested for DUI and subsequently refused the breath test.
Parks & Braxton announced ready for trial. On the day of trial, we pointed out to the State that the officer had a video camera, yet he did not capture any specifics as to the defendant's performance on the filed sobriety tests. It was clear that he had no idea how to utilize his in car camera. Prior to trial, the State Dropped the DUI and the defendant received no conviction at all on her record.
The State dropped the DUI.
Oct 19, 2017 Case: 2017-CT-006889 Judge Starr
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and an orbital sway. The officer also noticed some plastic wine bottles in the car. The defendant was then asked to perform field sobriety tests. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and took an incorrect number of steps. On the one leg stand, she swayed and used her arms for balance. She was arrested for DUI.
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and an orbital sway. The officer also noticed some plastic wine bottles in the car. The defendant was then asked to perform field sobriety tests. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and took an incorrect number of steps. On the one leg stand, she swayed and used her arms for balance. She was arrested for DUI.
The officer concluded she was actually impaired by a chemical or controlled substance versus alcohol based on general conversations at the scene about drug and alcohol consumption. The State couldn't prove by what "specific" chemical and/or controlled substance allegedly impaired the defendant as required by the DUI statute 316.193. The DUI was Dismissed.
The DUI was dismissed.
Oct 17, 2017 Case: 17-CT-501117 Judge Gonzalez
The defendant was stopped after being observed doing "burnouts" and "donuts" in a parking lot. The officer observed an an odor of alcohol, a flushed face, and his coordination was slow. The defendant then performed the field sobriety tests. For example, on the one leg stand test, the defendant almost fell once, miscounted, and used his arms for balance. He was arrested for DUI and then refused the breath test.
Parks & Braxton announced ready for trial. On the day of trial, the State Dropped the DUI after there were pretrial negotiations.
The State dropped the DUI.
Oct 12, 2017 Case: A3PVH6E Judge Denaro
An officer was dispatched to a car with individuals drinking inside the car. When he walked up to the car, the defendant was in the driver's seat. He asked the defendant to step out and then observed an odor of alcohol, watery eyes and low/slurred speech. The defendant then performed poorly on the field sobriety tests. For example, on the one leg stand test, the officer had to stop it for the defendant's safety. He was then arrested for DUI and then blew a .200 and .184 in the breath machine.
In order for the police to order someone out of their car in this situation, there must be reasonable suspicion of a crime. Here, there was no suspicion of any crime. When the officer went up to the car, he saw no one drinking and yet still ordered the defendant out. It wasn't until after the initial illegality of ordering him out did the officer make the DUI observations.
The State dropped the DUI.
Oct 6, 2017 Case: 2017-CT-004264 Judge Bell
The defendant was the at fault driver in a crash whereby he had swerved in front of another car. The officer noticed the defendant to have an odor of alcohol, slightly slurred speech, and he appeared to be very confused. The defendant's gait was slow and unsteady. He was then asked to submit to field sobriety tests to which he refused. He was then arrested for DUI.
The firm had pretrial talks with the State. After those talks, the State agreed to drop the DUI.
The State dropped the DUI.
Oct 5, 2017 Case: 2017-CT-005861 Judge Jeske
The defendant was stopped for weaving inside his lane of travel and drifting over the lane markers. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and bloodshot eyes. The defendant admitted to consuming a few drinks. He had clumsy movements, was unsteady, and he also swayed. A Coors light bottle was found in the car. He then performed field sobriety tests. For example, on the walk and turn test, the officer wrote he stepped off the line, raised his arms for balance, and missed heel to toe. After performing the one leg stand and finger to nose exercises, he was arrested for DUI. After his arrest, he refused the breath test.
Based on the officer's reports, he had made the defendant out to be a falling down drunk. However, the videotape contradicted those reports. Those inconsistencies were pointed out to the State by the firm.
The State dropped the DUI.
Oct 4, 2017 Case: 2016-CT-032188 Judge Koenig
The defendant was stopped after an officer observed him drifting to the right and over the fog line numerous times over the course of about two miles. Upon contact, the officer observed the defendant to have slightly slurred speech, dry mouth, bloodshot/glassy eyes, and the defendant admitted to having consumed one or two drinks earlier in the night. That officer then called for a DUI officer to come to the scene. The DUI officer made similar observations. That officer also observed the defendant exit his truck slowly, walk slowly, and sway while he stood. The defendant was then asked to perform field sobriety tests. For example, on the walk and turn test, he took 24 steps instead of 18, used his arms for balance, and did not touch heel to toe. On the one leg stand, he hopped all over the place, started kicking his leg forward and backwards, and used his arms for balance. He was then arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video. This was the defendant's Second DUI within a five year period.
Parks & Braxton announced ready for jury trial. Upon cross examination of the officer who stopped the defendant, the defense got the officer to admit that he never even smelled an odor of alcohol. Upon further questioning on cross examination, the officer stated "maybe it was the wind." The defense then asked the officer sarcastically if there was wind in the defendant's truck as he looked in and spoke with defendant. The testimony was not credible. After he testified, the State agreed with the defense that his testimony was not credible and agreed to Drop the DUI in the middle of trial, before the arresting officer even took the stand.
The State dropped the DUI.
Oct 3, 2017 Case: 2017-CT-007789 Judge Farr
An officer came into contact with defendant as she was sitting at a traffic light when he observed her car to have heavy front end damage and smoke coming from under the hood. Upon contact, airbags had been deployed and the defendant stated "she thinks she may have hit a mailbox." The officer observed her to have an odor of alcohol, slurred speech, bloodshot eyes, and the defendant admitted to having consumed shots of Hennessy. After performing the HGN (eye test), walk and turn, one legs stand, and finger to nose exercises, she was arrested for DUI. After her arrest, she blew a .094 and .095 in the breath machine.
Due to the .02 margin of error in the breath machine, the firm was able to show that both breath results could have been under the legal limit of .08. Also, the officer did not have an in-car camera, nor did he ever call for one. His police reports were not detailed and provided no specifics of the defendant's performance on the field sobriety tests.
The State dropped the DUI.
Oct 2, 2017 Case: 2017-CT-005773 Judge Drake
The defendant was found passed out in the driver's seat of his car. The car was parked in a parking space in the parking lot of the restaurant he had just ate at. The officer who found the defendant, noticed a pile of vomit outside his car. After the officer knocked on the window, the defendant stepped out of the car. The officer noticed an odor of alcohol and other signs of impairment so he called for a DUI unit. That officer made similar DUI observations including slurred speech and bloodshot eyes. The defendant also admitted to having consumed at least 5 drinks. He then performed the field sobriety tests. He performed poorly on video and was arrested for DUI . After his arrest, he refused the breath test.
Under Florida law, a person who is actual physical control must have the "capability" to operate that vehicle. Here, the defendant had the keys to the rental car in his pocket according to the first officer. The DUI officer, on tape, kept trying to tell the defendant that the other officer told him that the engine was on and the keys were in the ignition. That was a lie as the first officer overheard it and even came over and told him the keys were not in the engine. Thus, the arresting officer's credibility was clearly called into question. In addition, the defendant had "no capability" of operating that vehicle while not only sleeping, but the keys were in his pocket. The State Dropped the DUI and the defendant received NO conviction at all on his record.
The State dropped the DUI.
Oct 2, 2017 Case: 2017-CT-004862 Judge Starr
The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, a flushed face, and red eyes. Her demeanor was slow and she had slurred speech. The defendant was then asked to perform the field sobriety tests. She performed poorly and was arrested for DUI. After her arrest, she blew a .211 and .213 in the breath machine.
After the firm had pretrial talks with the prosecutor, the State agreed to Drop the DUI on the day of trial.
The State dropped the DUI.
Sep 28, 2017 Case: 16-022258MU10A Judge Levy
The defendant was stopped for straddling the lane markers, weaving, and driving under the speed limit. The officer noticed the defendant to have an odor of alcohol, slurred speech, and he seemed disoriented. He also observed watery eyes and the defendant had trouble finding his documents. The defendant was unsteady and staggered. He then performed the roadside tests very poorly and was arrested for DUI.
Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no probable cause, nor reasonable suspicion of a crime, to lawfully stop the defendant. Upon cross examination of the motion by the defense, the officer could not provide any specifics as to the driving pattern, such as how many time the defendant allegedly weaved and straddled the lane markers. After hearing the testimony and reviewing the case law, the Judge granted the motion and threw out all the evidence. The State then Dismissed the DUI.
The DUI was dismissed.
Sep 20, 2017 Case: A6MKYTE Judge Bedinghaus
An anonymous caller called the police via 911 stating that the defendant was driving at a very high rate of speed and weaving all over the road. The officer located the vehicle and initiated a traffic stop. Upon making contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he was staggering and unsteady. The defendant then performed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .108 and .097 in the breath machine.
Under the law, an officer can only stop a person based on an anonymous tip if there is corroboration. In other words, the officer must see something consistent with the driving pattern relayed by the caller for the traffic stop to be lawful. Here, the officer saw no driving pattern prior to conducting the traffic stop. This was brought to the attention of the State and the DUI was Dropped.
The State dropped the DUI.
Sep 19, 2017 Case: 17-CT-500731 Judge Adams
The defendant was stopped for speeding and driving erratically. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking beer and he was observed to be leaning on his vehicle for support. The defendant then performed the HGN (eyes test), one leg stand, and walk and turn exercises. After performing them, he was arrested for DUI. This was the defendant's Second DUI within five years.
Parks & Braxton announced ready for trial. The officer in this case wrote a very vague report. The police report contained very few details of the defendant's performance on the field sobriety tests, as they all would have been on the officer's body camera. The State is under an ongoing obligation to provide any material/relevant discovery to the defendant. In this case, the defense was not provided the officer's body camera. On the day of trial, the State Dropped the DUI.
The State dropped the DUI.
Sep 18, 2017 Case: 17-CT-501344 Judge Hayward
The defendant was stopped for weaving all over the road. Once stopped, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted to drinking margaritas. Upon walking over to the sidewalk for field sobriety tests, the defendant tripped on the curb and fell over. She then performed poorly on the roadside tests and was arrested for DUI.
Prior to the trial date, the firm had pretrial talks with the prosecutor. The State then agreed to Drop the DUI and the defendant received No conviction at all on her record.
The State dropped the DUI.
Sep 5, 2017 Case: 2017-CT-500872 Judge Paluck
The defendant was found passed out in his running car in front of a convenience store. Officers knocked on his window with negative results in an attempt to wake him up. They then opened the door and finally awoke the defendant. They noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a pale face and constricted pupils. The defendant would not initially get out of the car, so the officers immediately tased him and then placed him in cuffs. He was then arrested for resisting an officer without violence and DUI. After his arrest, he refused the breath test.
The firm announced ready for trial. The firm pointed out to the State that the officers prematurely tased him as heard by the conversation in the video and then the screaming. The videotape was not facing the defendant or his car at any time. Also, the officers never even asked the defendant to perform field sobriety exercises nor did they conduct any type of actual DUI investigation. On the day of trial, the State Dropped the DUI and the defendant also received No conviction on the resisting charge.
The State dropped the DUI.
Aug 29, 2017 Case: 2017-CT-001605 Judge S. Jewitt
The defendant was stopped because a 911 caller had stated to the police that the defendant as driving all over the road. There was also evidence that she may have hit a cement barrier. Officers observed the defendant to have an odor of alcohol, slow motor skills, and bloodshot eyes. The defendant stated she had consumed a few drinks at a friends house. The defendant performed the field sobriety tests at the request of the officer. She performed very poorly and was arrested for DUI. After her arrest, she blew a .168 and .167 in the breath machine.
Parks & Braxton announced ready for trial. During pretrial talks with the State, we pointed out how the defendant's first language was not English. It was clear on the video that she did not understand any of the instructions on the roadside tests that the officers were giving her. In addition, she did not understand the implied consent warnings prior to being offered a breath test.
The State dropped the DUI.
Aug 24, 2017 Case: 2016-CT-049101 Judge Naberhaus
The defendant was found passed out in his car in a McDonald's parking lot. Upon awakening the defendant, officers observed an odor of alcohol, bloodshot eyes, and his speech was incoherent. He was unsteady exiting his car and his dexterity was clumsy. The defendant then performed the field sobriety tests. For example, on the walk and turn test, he used his arms for balance and took an incorrect number of steps. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest he blew a .162 and .174 in the breath machine. This was the defendant's Second DUI.
Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the officer misled (coerced) the defendant into believing that if he took the breath test, he can continue to drive by obtaining a work permit, however, if he refused, he could not get one. That was a misstatement of the law. Prior to the motion hearing, the State agreed with our position after being provided all the applicable case law and Dropped the DUI.
The State dropped the DUI.
Aug 22, 2017 Case: 2015-CT-008603 Judge Bell
Officers made contact with the defendant, while she was sitting in her car in a parking garage, after a call had gone out about a girl being hit by a guy. The defendant was the female in question. Upon contact with the defendant, the officer observed the defendant to have an odor of alcohol. He then asked her to step out of the vehicle and observed slurred speech, bloodshot/dilated eyes, and she was swaying. She was then asked to perform field sobriety tests to which she refused. She as then arrested for DUI.
Parks & Braxton announced ready for trial. The officer had informed the defendant that if she refused the field sobriety tests, her license would be suspended. That was a misstatement of the law as one's license is only suspended for refusing a breath, blood, or urine test. On the day of trial, the State Dropped the DUI and the defendant received no criminal conviction at all.
The State dropped the DUI.
Aug 17, 2017 Case: 2017-CM-000865 Judge Lelfler
The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and his movements were slow and uncoordinated. The defendant was asked several times to put his slice of pizza away, yet he kept eating. At one point, he was removed by force by the police as he would not exit the car and continued to keep eating the pizza. No field sobriety tests were conducted due to the defendant's belligerence and disregard for police commands. He was arrested for DUI and also resisting an officer without violence.
Parks & Braxton announced ready for trial. Days before trial, after negotiations, the State Dropped the DUI and the defendant received no conviction on the resting charge.
The State dropped the DUI.
Aug 17, 2017 Case: 17-CT-000168 Judge Cupp
Police arrived after being called to a crash whereby the defendant had backed into another car. The officers observed the defendant to have an odor alcohol, watery eyes, and slow/slurred speech. The defendant stated she had drank wine and beer. The defendant then performed the roadside tests and was arrested for DUI. After her arrest, she blew a .154 and .151 in the breath machine.
When the officers arrived, there was no damage to the vehicles, thus, by definition in the case law, there was no crash (accident). Since the defendant was outside her car when the police arrived, and there was no crash exception, she was unlawfully arrested pursuant to Florida Statute 901.15 as no officer observed her behind the wheel.
The State dropped the DUI.
Aug 15, 2017 Case: 16-009972MU10A Judge Solomon
The defendant was the at fault driver in a rear end crash. When officer arrived, they noticed the defendant to have an odor of alcohol, bloodshot eyes, and she was very unsteady on her feet. The defendant used her vehicle for support on a few occasions. The defendant then performed the field sobriety tests. For example, on the walk and turn, she almost fell and the exercise was terminated for her safety. On the HGN (eye test), she did not follow the stimulus with her eyes and looked straight ahead. She was then arrested for DUI.
Parks & Braxton took pre trial depositions of the officers and civilians involved in the case. All of the officers' sworn testimony contradicted each other’s and also the testimony of the civilians involved in the crash. The firm announced ready for trial and on the day of trial, the State Dropped the DUI.
The State dropped the DUI.
Aug 15, 2017 Case: 16-022638MU10A Judge Pole
The defendant was found passed out in his car at a traffic light. Upon waking the defendant, he took his foot off the brake and started rolling forward. The defendant's car eventually stopped after rolling up on a curb. Officers immediately noticed a Corona bottle in the car and the defendant was sweating profusely. They then noticed an odor of alcohol, flushed face, and glossy eyes. The defendant was asked to perform the roadside tests, to which he refused after being advised of the adverse consequences of refusing. He was then arrested for DUI and later refused the breath test.
The firm announced ready for trial. Although the officer stated in her reports that the defendant refused the roadside tests, the video contradicted that allegation. In fact, after being placed in cuffs, the defendant asked several times to be allowed to take the tests. The officer's credibility was now being called into question as her reports were contradicted by the video tape. On the morning of jury trial, the State Dropped the DUI.
The State dropped the DUI.
Aug 14, 2017 Case: 17-CT-000533 Judge M. Brown
The defendant was stopped for running a red light. The officer smelled an odor of alcohol and the defendant appeared very confused as to her direction of travel. EMS was called to the scene to check the defendant out for any medical issues. After being cleared medically, the defendant then performed the field sobriety tests. She then performed the HGN (eye), walk and turn, and one leg stand tests. According to the officer, she did not perform to standards and was arrested for DUI. After her arrest, she refused the breath test.
In order to conduct field sobriety tests, an officer must have "reasonable suspicion" of a crime (i.e. that the defendant was impaired) in order to administer roadside tests. Here, there was a lack of "reasonable suspicion" thus the roadsides would have been excluded from evidence.
The State dropped the DUI.
Aug 14, 2017 Case: 2017-CT-000815NC Judge Denkin
The defendant was stopped for speeding and swerving. Upon contact with the defendant, the officer observed an odor of alcohol and bloodshot/watery eyes. The defendant stated he had been drinking beer that night. He was then asked to perform the roadside tests. According to the officer, he exhibited several signs of impairment and was arrested for DUI. After his arrest, he blew over the legal limit by providing breath samples of a .088 and .082 in the breath machine.
Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the officer coerced the defendant into taking a breath test by advising the defendant that he can get a work permit and continue to drive if he took a breath test, however, if he refused, he would not be able to get a hardship license nor continue to drive. The Judge watched the video, read the applicable case law, heard argument of counsel, and then Granted the motion. The breath test results were then excluded from evidence. On the day of trial, the State Dropped the DUI and the defendant received no conviction at all on his record.
The State dropped the DUI.
Aug 3, 2017 Case: 2017-CF-000120 Judge Barber
The defendant was stopped after being observed squealing his tires in a gas station parking lot and attempting to exit at a high rate of speed. Once stopped, the officer observed the defendant to have an odor of alcohol, slurred speech, and noticed an unopened 18 pack of of beer in the front seat. While waiting for the DUI unit to arrive, he observed the defendant to be unsteady while exiting his truck. When the DUI unit arrived, he made similar observations and then conducted roadside tests. After the defendant performed them, he was arrested for DUI. After his arrest, he blew a .164 and .166 in the breath machine. The defendant was later charged with a Felony DUI by the State as this was his Third DUI within ten years.
Parks & Braxton took pretrial depositions of both the officer who stopped the defendant and the arresting officer. Subsequently, the firm filed a motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no reasonable suspicion of a crime, nor probable cause to believe an infraction occurred. Under Florida law, it is not an infraction to squeal one's tires unless other people or vehicles are affected. At the motion hearing, although the officer testified that he thought maybe a robbery had just occurred, that explanation was not "reasonable" because in the same breath on cross examination he also testified maybe the defendant was having a medical emergency. It was obvious he was speculating and and had no rational basis for giving those opinions. In addition, at the motion hearing, the defense called the DUI officer as a witness. He testified that the stopping officer told him he that he only "heard" the squealing of the tires, not seeing it as he had testified. Thus, his credibility was now be called into question. The Judge Granted the motion, threw out all of the evidence, and the Defendant's Felony DUI was Dismissed.
The DUI was dismissed.
Aug 3, 2017 Case: 2016-CT-023394 Judge Jeske
The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he was unsteady exiting his car. The defendant admitted to drinking and there were some beer bottles in the car. The defendant then performed the field sobriety tests on video. According to the officer, he failed and was arrested for DUI. After his arrest, he refused the breath test.
The firm pointed out to the State that the video contradicted the officer's police reports. For example, the officer wrote that the defendant had stepped off the line on the walk and turn test. Yet on video, that was not the case. Also, he had written that the defendant was unsteady, however, he was not off balance or unsteady at all on tape. Since the officer's credibility was being called into question, the State Dropped the DUI just prior to the trial date.
The State dropped the DUI.
Aug 1, 2017 Case: 2017-CT-003435 Judge Lefler
The defendant was stopped for speeding. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to consuming two Crown Royals with ginger ale and two shots of Jack Daniels over the course of the evening. The defendant then performed the HGN (eye test), walks and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and subsequently blew a .098 and a .091 in the breath machine.
Due to the .02 margin of error in the breath machine, the firm was able to place the defendant under the legal limit on both breath tests results.
The State dropped the DUI.
Jul 28, 2017 Case: 2017-CT-004023 Judge Cunningham
The defendant was stopped for weaving and speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and he admitted to drinking four cups of rum. According to the officer, he performed poorly on the walk and turn, one leg stand, and finger to nose tests. He was arrested for DUI and subsequently blew a .196 and .195 in the breath machine.
After numerous negotiations with the prosecutor, the State agreed to drop the DUI.
The State dropped the DUI.
Jul 28, 2017 Case: 2016-CT-024093 Judge Bryson
The defendant was stopped for speeding and swerving. The officer noticed the defendant to have an odor of alcohol, a sarcastic attitude, and slurred speech. Once outside the car, the defendant swayed while she stood. The defendant performed the field sobriety tests and was then arrested for DUI. After her arrest, she blew a .144 and .138 in the breath machine.
Parks & Braxton had numerous pretrial negotiations with the State prior to trial.
The State dropped the DUI.
Jul 25, 2017 Case: 2017-CT-003006 Judge Starr
The defendant was the at fault driver in a rear end crash. When the officer arrived on the scene, he observed the defendant to have an odor of alcohol and bloodshot/watery eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. According to the officer, she failed and was arrested for DUI.
On video, the defendant was stating repeatedly that she had to "pee" really bad prior to and during the roadsides and it was an emergency. The officer would not let her urinate until after she performed the tests. The defense then pointed out to the State that she was "coerced" into doing them under duress. After reviewing the case law, it was clear the roadside tests would have been excluded from evidence.
The State dropped the DUI.
Jul 20, 2017 Case: 2017-CT-000404 Judge Valkenburg
The defendant was stopped for weaving and swerving. She nearly struck several mail boxes. Officers observed an odor of alcohol, slurred speech, bloodshot eyes, and she was very unsteady on her feet. The defendant refused to perform the roadside tasks and was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI within five years.
The firm pointed out to the State prior to trial that on the video tape, the officer had told the defendant she would be arrested whether she did the field sobriety tests or not. Thus, he already had his mind made up whether she did them or not. This showed the officer's clear bias toward making an arrest vs. giving her a fair opportunity to avoid arrest.
The State dropped the DUI.
Jul 20, 2017 Case: 2016-CT-830395CTAXWS Judge Grey
The defendant was stopped for weaving all over the road and braking erratically which was captured on video. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed the field sobriety tests. According the officer, he failed and was arrested for DUI. This was the Defendant's Second DUI.
On video, the officer, upon following the defendant, already had another person he had just arrested for DUI in the back seat. Prior to pulling the defendant over, he blurted out on tape "He's drunk" before even making any contact with the defendant. When he pulled the defendant over, he had the defendant perform the roadside tasks on a hill, not level ground. It starting becoming obvious that he was looking to make as many DUI arrests as he could. Once the defendant was arrested, the officer is then heard bragging about the number of DUI arrests he had made in the past week. Although the officer also said he smelled an odor of alcohol on the defendant's breath, the defendant blew triple 0's in the breath machine. The officer then asked for a urine sample. The defendant provided a sample which came back from the FDLE lab positive for Methamphetamine and Xanax. Due to the fact that the firm called the officer's credibility into question, the State Dropped the DUI short of trial. It should be noted that the firm also got the Defendant's first DUI Dropped as well.
The State dropped the DUI.
Jul 19, 2017 Case: 2017-CT-000717-A-W Judge Shoemaker
The defendant was located by the police as he was stopped on the side of the road. A citizen, who provided their name, had called 911 stating that the defendant was driving all over the roadway and speeding. The officer observed the defendant to have an odor of alcohol and slurred speech. He also had red eyes and there was an open bottle of beer in the car. He swayed while he stood and told the officer he had drank a few beers. He was asked to perform the roadside tasks but he refused. He was then arrested for DUI.
The firm announced ready for trial. Just prior to trial the defense pointed out to the State that the officer never advised the defendant of any adverse consequences as required by case law when he refused to perform the roadside tests. Thus the defendant's refusal would have been excluded from evidence. On the day of trial, the State Dropped the DUI.
The State dropped the DUI.
Jul 18, 2017 Case: 2017-CT-011217 Judge Harper
The defendant was the at fault driver in a rear end crash. Officers observed the defendant to have an odor of alcohol, slurred speech, and he was very agitated. He also had a flushed face and admitted to drinking. He then performed the field sobriety exercises. According to the officer, he exhibited many cues of impairment and was arrested for DUI. After his arrest, he refused the breath test.
The State could not prove that the defendant was the driver of the car upon arriving at the crash scene. Without being able to prove that the defendant was either driving or in actual physical control, they could not prove the first element of a DUI charge.
The DUI was dismissed.
Jul 17, 2017 Case: 2016-CT-039846AXXX-XX Judge Koons
The defendant was stopped for stopping over the stop bar after coming out of a bar and then weaving while on her three wheel motorcycle. Upon contact with the defendant, the officer smelled an odor of alcohol, observed slow/slurred speech, and red/glassy eyes. The defendant stated she had drank 2 beers and a glass of wine earlier in the night. She was off balance, unsteady, and staggered. The officer then had the defendant perform the HGN (eye test), walk and turn, one leg stand, finger to nose, and finger count tests. The defendant was then arrested for DUI and subsequently refused the breath test.
Parks & Braxton announced ready for trial. Through pretrial investigation, it was learned that this particular officer and others were on a DUI saturation patrol that night simply looking to make DUI arrests. They had been watching the bar that the defendant had exited and then were pulling people over after they had left. It was also uncovered, that the defendant's neighbor had been arrested the same night by the the same officer. The firm got the testimony of the officer from that case and used it to attack his credibility in our case since many facts were similar. This was brought to the attention of the prosecutor. Also, in our case, the officer wrote a very vague report as he did not write any specific details of the defendant's performance on the roadside tests and simply checked off boxes on his Alcohol Influence Report. After reviewing the case, the State Dropped the DUI.
The State dropped the DUI.
Jul 17, 2017 Case: 2017-CT-004559AXXMA Judge Mitchell
The defendant was the at fault driver in a rear end crash. When officers arrived, the defendant had an odor of alcohol, bloodshot eyes, and he admitted to drinking 3 beers. The defendant was unsteady, had a flushed face, and at one point officers had to hold onto him to keep him from falling. The defendant was then asked to perform field sobriety tests. He refused and was arrested for DUI.
Under Florida law, one’s drivers license can only be suspended for refusing to submit to a breath, blood, or urine tests. Here, the officer erroneously advised the defendant on the law by telling him he would lose his driver's license for refusing field sobriety tests. Also, on tape, the defendant never appeared off balance or unsteady as the officers had written in their reports.
The State dropped the DUI.
Jun 29, 2017 Case: 2016-CT-007883000-A-O-X Judge Starr
The defendant crashed into a sign at a McDonald's restaurant hard enough to cause his airbags to deploy. Officers observed the defendant to have an odor of alcohol, slurred speech, and an orbital sway. He had a turquoise film surrounding the top layer of his tongue, bloodshot eyes, and he admitted to drinking two long island iced teas. He performed poorly on the roadside tests and vomited on video tape. He was arrested for DUI and blew a .152 and .157 in the breath machine.
Parks & Braxton had pretrial negotiations with the State. Any unsteadiness exhibited by the defendant could have easily just have been attributed to getting hit with the airbags vs alcohol. Also, his vomiting a few times prior to the breath test and the police giving him water could have skewed his breath test results.
The State dropped the DUI.
Jun 16, 2017 Case: 2017-CT-002531 Judge Bell
The defendant was the at fault driver in a rear end crash. Upon arriving, the officer noticed the defendant to have an odor of alcohol, slow speech, bloodshot eyes, and dry lips. The defendant stated he had drank a couple of beers. The defendant was then asked to perform the field sobriety tests. According to the officer, he didn't perform to standards and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
The defendant was misinformed by the officer that if he refused the breath test, he would be charged with a misdemeanor. That was a misstatement of the law as it's only a misdemeanor to refuse the breath test and an additional crime if it is a Second or subsequent refusal.
The State dropped the DUI.
Jun 12, 2017 Case: 17-CF-001453 Judge Pomponio
The defendant was found asleep in his car while stopped at an intersection. Upon waking the defendant, officers noticed the defendant to be confused and disoriented. Also, they observed him to have extremely slurred speech, bloodshot/watery eyes, and a heavy orbital sway. The defendant appeared very sleepy during the entire investigation. Believing the defendant to be impaired by either a chemical and/or controlled substance, the defendant was requested to perform roadside tasks. For example, on the one leg stand, he put his foot down, he used his arms for balance, and swayed. On the walk and turn, he lost his balance, took an incorrect number of steps, and used his arms for balance. He was then arrested for DUI. In a search incident to arrest, officers found cocaine in the defendant's wallet. That cocaine did test positive at the FDLE lab. He was also charged with possession of cocaine.
Parks & Braxton pointed out to the prosecutor that all the signs observed by the officers did not point to the fact that the defendant was impaired by cocaine, a stimulant. In fact, on the other hand, all the observations were consistent with impairment by a depressant. Thus, the State would have been unable to prove that he was impaired by cocaine. The State Dropped the DUI and the defendant also received No conviction the felony possession charge.
The State dropped the DUI.
Jun 6, 2017 Case: 2016-CT-022268 Judge Conrad
The defendant was stopped when an officer saw him driving around a parking lot with his door open. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stumbled as he walked and had an "orbital sway." He was then asked to perform the roadside tasks to which he complied. According to the officer, he performed poorly on the walk and turn and one leg stand tests . He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Parks & Braxton pointed out to the prosecutor that the defendant had numerous medical issues such as a prior traumatic brain injury. This injury led to all his balance issues prior to and during the roadside tests, to which the officer totally ignored.
The State dropped the DUI.
Jun 2, 2017 Case: 2016-CT-017044 Judge Bonavita
The defendant was stopped for following to closely behind another vehicle. Once stopped, the officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he had drank a few beers. The defendant agreed to perform the roadside tests on video and according to the officer he failed. He was then arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI.
There was reasonable doubt as to whether the defendant's poor performance on the roadside tests was due to alcohol or his medical issues. He is on tape telling the officer about a bad back which affects his balance. The officer then is heard telling the defendant that his bad back won’t affect his performance on the walk and turn or one leg stand, which is false as both are physical exercises. The firm brought these medical issues to the attention of the State just prior to trial. Also, the officer is heard telling the defendant on tape that it is a crime to drink and drive. That statement is false and showed the officer did not even know the law. To be guilty of DUI, one must be either driving with an unlawful breath alcohol level and/or be driving under the influence to the extent that their normal faculties are impaired.
The State dropped the DUI.
May 15, 2017 Case: 2016-CT-039857AXXXXX Judge Naberhaus
The defendant was stopped for not stopping at a stop bar and failing to maintain a single lane. Once stopped, the officer noticed the defendant to have an odor of alcohol, constricted pupils, and slurred speech. The defendant was sluggish and also had glassy eyes. The defendant admitted to consuming some beer and having taken his prescribed pain medication called "Percocet." That drug is considered a controlled substance. The defendant was then asked to then perform field sobriety exercises. The defendant complied, and according to the officer, he failed and was arrested for DUI. The officer, who was a DRE (drug recognition expert), believed the defendant was impaired by a controlled substance, (i.e. the Percocet), so he has asked the defendant for a urine sample. The defendant refused to provide a urine sample. This was the defendant's Second DUI.
Parks & Braxton announced ready for trial. Just prior trial, the defense brought to the attention of the State that the officer had administered a walk and turn and one leg stand test. Normally that would be ok, but here the defendant was over 65 years old. The NHTSA manual, which sets forth the parameters for administering the field sobriety tests, states in part that an officer should use caution in administering the those tests to people over 60 years old. Here, even though the defendant kept telling them he had back and neck issues due to his age, the officer still proceeded with the exercises. In addition, we pointed out that the defendant's speech sounded slurred because he had hearing issues and even wore a hearing aid.
The State dropped the DUI.
May 12, 2017 Case: 2016-CT-042764AXXXXX Judge Atkin
The defendant was stopped for a broken tag light. The officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had consumed 3 drinks and appeared confused while answering the officer's questions. After performing the HGN (eye test), finger to nose, and the finger count exercises, the defendant was arrested for DUI.
Parks & Braxton announced ready for trial. Just prior to trial, the firm pointed out various conflicts within the arresting officer's own police reports.
The State dropped the DUI.
May 5, 2017 Case: 2014-CT-011284 Judge Hanser
The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. He was off balance, unsteady, and lethargic in his movements. The defendant also admitted to drinking. He was taken to the hospital due to his injuries. Due to a breath test being impracticable or impossible, the officer requested a blood sample from the defendant. The blood came back from the toxicology lab indicating a blood alcohol level of a .204 and .205. This was the defendant's Third DUI.
Parks & Braxton raised several pretrial issues with the State regarding legality of the blood draw. After reviewing the applicable case law and officer's testimony, the State agreed and Dropped the DUI.
The State dropped the DUI.
May 5, 2017 Case: 2016-CT-017469ASB Judge Bonavita
The defendant was the at fault driver in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, mumbled/slurred speech, and she admitted to having drank three glasses of wine. The defendant appeared very sleepy and off balance. She then performed the roadside tests such as the walk and turn, one leg stand, and finger to nose. She performed poorly and was arrested for DUI. After her arrest, she blew a .169 and .168 in the breath machine.
Parks & Braxton had pretrial negotiations with the State.
The State dropped the DUI.
May 4, 2017 Case: 2016-CT-019784 Judge Jeske
A caller had called 911 stating that the defendant was driving very erratically. When the officer spotted her, he observed her weaving and then initiated a traffic stop. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant denied having anything to drink. After asking the defendant four times to perform field sobriety exercises, and her continuing to refuse, the officer arrested her for DUI. After her arrest, she refused the breath test.
Under Florida Case Law, a defendant must be advised of the adverse consequences of refusing to perform the field sobriety tests or the refusal is inadmissible into evidence. Here the officer simply arrested the defendant without advising her of any adverse consequences.
The State dropped the DUI.
May 2, 2017 Case: 2016-CT-029534AXXXXX Judge Garagozlo
The defendant was the at fault driver in a side swipe crash. After the crash, she left the scene and went to her house. The victim gave a description of the defendant, the make and model of the car, and tag number. The officers then went to the defendant's home a short time later. They made contact with her when she opened the front door. They observed an odor of alcohol, incoherent speech, and droopy eyelids. The defendant stated she had drank and taken pain medication prior to the crash. She then performed poorly on the roadside tests and was arrested for DUI and leaving the scene of an accident.
Parks & Braxton filed a pretrial motion to suppress the defendant's statements about drinking and taking pain medications. Our motion was premised under the legal doctrine of corpus delicti which states that there must be independent substantial proof of a crime other than the defendant's statements. Here, there was no such evidence that the defendant was under the influence of alcohol or drugs at the time of the crash (i.e. driving). Prior to the motion hearing, the State Dropped the DUI. The defendant also received NO conviction for the LSA charge.
The State dropped the DUI.
May 1, 2017 Case: 2017-CT-000178 Judge Bell
The defendant was stopped for speeding as he was going 91 mph in a 35 mph zone. Once stopped, the officer observed the defendant to have an odor of alcohol, slow movements, and bloodshot eyes. His speech was slow and slurred and he was off balance. The defendant also had vomit on him. The defendant did not perform any physical roadside tests due to having a prosthetic leg. He was arrested for DUI and subsequently refused the breath test.
Parks & Braxton announced ready for trial. Just prior to trial, and after negotiations, we pointed out that the officer had several opportunities to have the defendant submit to non-physical roadside tests, but rather quickly arrested the defendant without even offering them to him.
The State dropped the DUI.
Apr 28, 2017 Case: 2016-CT-018199AXXX Judge Harper
The defendant was found passed out in his car at an intersection. When officers awoke the defendant, they smelled an odor of alcohol and noticed bloodshot eyes and slurred speech. The defendant was very off balance and also had open alcoholic beverages in the car. On video, he performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .173 and .188 in the breath machine.
During a pretrial investigation of the case, it was uncovered by the defense that the arresting officer was under a federal investigation for theft. This information was brought to the State's attention.
The State Dismissed the DUI.
Apr 27, 2017 Case: 2016-CM-013349 Judge Myers
The defendant was stopped for weaving within its lane of travel and crossing over the white lane markers. Once stopped, the officer noticed the defendant to have an odor of marijuana, slurred/mumbled speech, and lethargic movements. The defendant admitted to smoking pot a few hours before he was stopped. He then performed the roadside tests. According to the officer, he failed and was arrested for DUI. After his arrest, he submitted to a urine test which came back from the toxicology lab positive for marijuana and also another controlled substance. In addition, the officer found marijuana and drug paraphernalia in a search incident to arrest in the car.
Parks & Braxton pointed out to the State numerous conflicts in the police reports versus the video tape. After pretrial discussions, the prosecutor Dropped the DUI and the defendant also received no convictions on his record for the drug charges.
The State Dropped the DUI.
Apr 26, 2017 Case: 15-017183MU10A Judge Levy-Cohen
The defendant was stopped for driving at a high rate of speed after a BOLO had gone out describing the defendant's car. The BOLO had stated that the defendant had left the scene of an accident. Officers observed the defendant's car to have a right front tire missing and it had left several scrapes in the roadway. Officers then observed the defendant to have an odor of alcohol, flushed face, and bloodshot/watery eyes. He then was asked to perform the field sobriety tests. Due to his high level of intoxication, he could not perform the walk and turn or the one leg stand tests. He was then arrested for DUI. This was the defendant's Second DUI.
Parks & Braxton took pretrial depositions of all the officers involved in the case. After cross examination of each officer, they all contradicted each other and their respective police reports. The State was then presented with all the transcripts. After reviewing them, the State realized every officer's credibility had been called into question.
The DUI was dismissed.
Apr 10, 2017 Case: 2016-CT-002204 Judge Caraballo
The defendant was the at fault driver in a rear end crash on the Turnpike. The defendant was estimated to have been driving 90 mph prior to the crash. The officer smelled an odor of alcohol on the defendant's breath and noticed bloodshot/glassy eyes. The officer then conducted the HGN (eye test). The defendant then refused all subsequent field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Prior to trial, we pointed out to the State that the defendant's eyes were bloodshot due to the air bag being deployed in his face, and not from the alcohol. Also, HGN was conducted two times, but only one was documented in the police reports. Furthermore, the defendant was not advised of any adverse consequences regarding his refusal to perform any further roadsides as required by law. The firm announced ready for trial.
The State Dropped the DUI.
Apr 7, 2017 Case: 2016-CT-017882 Judge Eissey
The defendant was involved in a crash whereby she struck a mailbox while driving at a high rate of speed. The police observed an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking and smoking marijuana prior to the crash. She was taken to the hospital due to injuries sustained from the crash. At the hospital, a blood draw was conducted and the toxicology results revealed the defendant had a blood alcohol level of .097 along with marijuana being detected. She was subsequently arrested and charged with DUI.
Under Florida law, a breath test must be impracticable or impossible in order to request a blood test. Here, there was no showing by the police that a breath test was impracticable or impossible. Thus, the defendant's blood draw was unlawful.
The State Dropped the DUI.
Apr 6, 2017 Case: 2016-CT-019362 Judge Jeske
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, and fumbling fingers. The defendant admitted to drinking at a friend's house. The defendant then performed the field sobriety exercises which consisted of the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Parks & Braxton announced ready for trial. The defendant's roadsides were not video taped. After pretrial negotiations with the prosecutor regarding the lack of specificity in the officer's reports regarding the field sobriety tests, the State Dropped the DUI.
The State Dropped the DUI.
Apr 3, 2017 Case: 2017-CT-015683 Judge Lefler
The defendant was stopped for speeding, following too closely, and running a stop sign. The defendant had an odor of alcohol, bloodshot/watery eyes, and the defendant admitted to having consumed two drinks. The defendant performed the walk and turn, one leg stand, and HGN (eye test) tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI in the last seven years.
Parks & Braxton announced ready for trial. During pretrial negotiations about the facts of the case with the prosecutor, the State agreed to drop the DUI.
The State Dropped the DUI.
Mar 31, 2017 Case: 2017-CT-000060 Judge Starr
The defendant was the at fault driver in a rear end crash. When the police arrived, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant, at one point, had bent over to tie his shoes and almost fell over. The defendant only performed the HGN (eye test) due to his level of intoxication. After his arrest, he blew a .141 and .145 in the breath machine.
Parks & Braxton announced ready for trial. Under Florida law, the State and police are required to turn over all discovery. Due to various discovery violations prior to trial, the State Dropped the DUI.
The State Dropped the DUI.
Mar 29, 2017 Case: 7798-XEQ Judge Ortiz
A civilian went over to a police officer and told him that someone was sleeping behind the wheel of their car. That person was the defendant. The officer then went over, awoke the defendant, and told him to get out of the car. Once outside of the car, the officer noticed an odor of alcohol, slurred speech, and a flushed face. The defendant staggered upon exiting the car and was very off balance. Due to the defendant's high level of impairment, he was not asked to perform the walk and turn or one leg stand tests. He was then arrested for DUI and subsequently refused the breath test.
An officer must have reasonable suspicion of a crime and/or have a legitimate concern that a person is sick or injured before ordering them out of their car, which constitutes a seizure. In this case, the only evidence presented was that the defendant was simply sleeping in his car. Thus, when the officer ordered him out of the car, he was unlawfully seized.
The State Dropped the DUI.
Mar 29, 2017 Case: A59B3SE Judge Bedinghaus
The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and the defendant was swaying and off balance. The defendant stated she had drank a few beers. The defendant was then asked to perform the roadside tests on video tape. According to the officer, she failed them and was arrested for DUI. After her arrest, she refused the breath test.
On video, we pointed out to the State that the defendant's speech was not slurred and she was not off balance as was written in the officer's report. Also, the officer administering the roadside tests was a new officer and kept confusing the defendant as she was giving the instructions. The defendant kept trying to clarify what she was being asked to do over and over. The defendant even stated at one point prior the walk and turn, "this is not a normal thing to do." After numerous pretrial talks with the prosecutor, the State Dropped the DUI.
The State Dropped the DUI.
Mar 24, 2017 Case: 16-CF-001069 Judge Greider
The defendant was the at fault driver in a rear end crash, allegedly driving at least 30 mph in a 45 mph zone. EMS personnel were already on scene checking out the defendant prior to the police arriving. When the officer made contact with the defendant, he smelled a strong odor of alcohol, but the defendant denied drinking. She did admit to haven taken "Alprazolam." The defendant was shaking, had slurred speech and an open container of beer was found in the car. The defendant then performed the HGN (eye test), finger to nose, palm pat, and finger count exercises because she stated she could not perform any physical exercises due to her Multiple Sclerosis. She was then arrested for DUI and subsequently refused a breath and urine test. This was the defendant's Third DUI within ten years and she was charged with a Felony DUI.
Through cross extermination, Parks & Braxton were able to establish that the State's witnesses all contradicted each other. For example, one EMS person testified the defendant appeared impaired while the other stated he didn't notice any signs of impairment. Furthermore, although the officer stated that he smelled an odor of alcohol, an EMS person who was with the defendant stated she never smelled anything. Also, though cross examination, the defense established that any shaking, slurred speech, and balance issues on the part of the defendant were just as reasonably due to the defendant's MS diagnosis versus alcohol or any drugs. After cross examination, and all of the State's witnesses were impeached. The State Dismissed the Felony DUI.
The DUI was Dismissed.
Mar 23, 2017 Case: 15-025118MU10A Judge Gottlieb
The defendant was stopped for driving the wrong way down a one way street. Once stopped, the officer noticed the defendant to have an odor of alcohol, very glassy eyes, and she fumbled retrieving her documents. The defendant stated that she had drank two glasses of white wine. The defendant appeared to be off balance upon exiting the car. She then performed the roadside tests which were not video taped. She was then arrested for DUI and subsequently refused the breath test.
Parks & Braxton met with the State prior to trial. We pointed out that none of the roadside tests were specifically detailed. In fact, the reports were very vaguely written. Prior to trial, the State Dropped the DUI.
The State Dropped the DUI.
Mar 17, 2017 Case: 16-CT-014684 Judge Hanser
The defendant was the at fault driver in a rear end crash. When the officer arrived, he noticed that the defendant had an odor of alcohol and glazed/glassy eyes. The defendant stated she had consumed three margaritas. She then performed the field sobriety tests on video tape and was subsequently arrested for DUI. After her arrest, she blew a .149 and .149 in the breath machine.
Under Florida law, a person can only be convicted of DUI if "while driving" they had a breath alcohol level of .08 of higher. Here, under the the theory of retrograde extrapolation (ie. going back in time to calculate the defendant's BAC level earlier), it was shown by the defense that she may have been under the legal limit at the time of the driving.
The State Dropped the DUI.
Mar 7, 2017 Case: 16-CT-503610 Judge Swett
The defendant was stopped by the police for driving on the rims of her blown out tires. A caller had called 911 alerting the police to her car prior to the traffic stop as she had been driving recklessly. The defendant had an odor of alcohol, mumble/slurred speech, and bloodshot eyes. The defendant performed the roadside tests. For example, on both the finger to nose and one leg stand tests, she almost fell over so the exercises were stopped. She was then arrested for DUI and subsequently blew a .102 and .100 in the breath machine.
Under Florida law, the State is required to provide all discovery in their possession as well as in the possession of the police department. If all the evidence is not turned over to the defense in a timely fashion, the State would be prevented from using it against he defendant. Due to various discovery issues, the State Dropped the DUI on the day of trial.
The State Dropped the DUI.
Mar 6, 2017 Case: 2016-CM-009424 Judge Lefler
The defendant was stopped for driving the wrong way down a one way street. The officer observed the defendant to have an odor of alcohol and glassy eyes. The defendant admitted to drinking beer at "The World of Beer." The defendant then performed the walk and turn, HGN (eye test), one leg stand, and finger to nose tests. After doing them, he was arrested for DUI and subsequently refused the breath test. In a search incident to arrest, the officer found marijuana and a glass pipe. The defendant was also charged with possession of marijuana and possession of paraphernalia. This was the defendant's Second DUI.
Under Florida law, a defendant who is agreeing to perform roadside tests cannot be coerced into doing them by a misstatement of the law. Here, the defendant relied upon misinformation from the officer about the potential consequences of performing them vs. not performing them. The State agreed and Dropped the DUI. The two possession charges were also Dismissed.
The State Dropped the DUI.
Feb 17, 2017 Case: 2016-CT-011561AXXX Judge Hanser
The defendant was stopped for having an expired tag. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He also had difficulty completing sentences at times. The defendant stated that he had consumed one beer. The defendant then performed the roadside tests. For example, on the walk and turn, he stepped off the line and took an incorrect number of steps. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI.
Parks & Braxton announced ready for trial. During pretrial negotiations, we pointed out various conflicts in the officer's reports versus what was on the video tape.
The State Dropped the DUI.
Feb 16, 2017 Case: 7367-XFF Judge Newman
The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He also swayed while he stood and had bloodshot eyes. The defendant was then asked to perform the roadside tests. According to the officer, he did not perform to standards and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton brought to the State's attention documentation that the defendant suffered from serious mental health issues. This caused speech issues for the defendant as well as a lack of comprehension when he was being instructed on the field sobriety tests.
The State Dropped the DUI.
Feb 14, 2017 Case: 2016-CT-503301 Judge Gonzalez
The defendant was stopped for swerving. Upon stopping the defendant, the officer observed an odor of alcohol, as well as an odor of marijuana coming from the defendant. The officer noticed slurred speech, glossy eyes, and the defendant fumbled with his items. The defendant had crumbs on his shorts which appeared to be marijuana to the officer. The defendant was then asked to perform roadside tasks. For example, on the walk and turn, the defendant stepped off the line, took an incorrect number of steps, and used his arms for balance. On the one leg stand, he put his foot down and used his arms for balance. After his arrest for DUI, he refused a breath and urine sample. The officer also found marijuana and drug paraphernalia in a search incident to arrest. The defendant was also charged with possession of marijuana and paraphernalia.
Parks & Braxton had pretrial discussions with the State on the day of the trial. We pointed out various contradictions within the officer's reports. Furthermore, there were contradictions in his reports versus what was captured on tape. The State Dropped the DUI and Dismissed the two possession charges.
The State Dropped the DUI.
Feb 1, 2017 Case: 2015-CT-048387 Judge Koons
An anonymous caller called 911 stating they observed a "reckless driver unable to maintain a lane of travel." The officer spotted the vehicle in question, which was the defendant, and observed him touch a lane marker one time. The officer then initiated a traffic stop. Upon contact, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and he stated he had consumed 3 to 4 beers. He then performed the field sobriety exercises and was subsequently arrested for DUI. The defendant stated after his rights were read that he felt the effects of the alcohol and should not have been driving. He also blew a .123 and .120 in the breath machine.
Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant was unlawfully stopped by the police. Pursuant to the Florida and U.S. Supreme Courts, in order to stop a defendant based on an anonymous tip, the officer must corroborate the tip. Here, the officer did not observe any reckless driving, nor any failure to maintain a lane of travel. In fact, the officer wrote in her report the defendant "crossed" over the white line of travel. However, on video, the defendant merely touched the lane marker. Prior to the motion hearing date, the state agreed to drop the DUI based on the case law.
The State Dropped the DUI.
Jan 26, 2017 Case: 2016-CT-017199 Judge Bryson
The defendant was stopped for weaving and swerving. The officer observed the defendant to have blood shot eyes and she was confused in providing the appropriate documents to the officer. The officer noticed what he believed to be and alcoholic beverage in her car. Believing she was impaired, he requested her to perform roadside tests. For example, on the one leg stand, she almost fell over and asked if she had to count to 600, not 30 as instructed. On the walk and turn, the defendant crisscrossed her feet, did not touch heel to toe, and and instead of counting out loud, she raised her fingers to her nose. She was then arrested for DUI. Subsequently, she refused both breath and urine tests.
In Florida, to be convicted of DUI, a defendant must be impaired by alcohol, a chemical and/or chemical controlled substance. Here the State could not prove by what substance the defendant was allegedly impaired by as there was no odor of alcohol noted.
The State dropped the DUI.
Jan 23, 2017 Case: 8505-XEZ Judge Riba
The defendant was first observed by an undercover Detective as the defendant appeared to be following behind him for a lengthy period of time and distance. The detective radioed out that he believed he was being followed. Another Deputy then got behind the defendant and observed him slow down, brake heavily, and almost come to a stop in the roadway. The officer turned on his lights and sirens and pulled the defendant over. He then called for a DUI unit. Upon the DUI officer making contact, the officer noticed the defendant to have an odor of alcohol, slurred speech, and glossy/droopy eyes. The defendant then performed the roadside tests. He failed them and was arrested for DUI. After his arrest, the defendant stated that he did not want to take a breath test because he did not want to take the risk that he was over the legal limit.
Parks & Braxton filed a pretrial motion to suppress the lawfulness of the initial traffic stop. At the motion hearing, we argued the officer's belief that the defendant was following him did not rise to a "reasonable suspicion of a crime." Also, upon cross examination, the officers could not articulate any specific traffic infractions that were committed. Thus, there was no reasonable suspicion of a crime, nor probable cause to believe there were any any traffic infractions committed justifying the stop. Based on the testimony, case law provided, and legal argument, the Judge granted the motion and threw out all of the evidence.
The DUI was Dismissed
Jan 23, 2017 Case: 2016-CT-022192 Judge Eissey
The defendant was stopped for weaving all over the road. The officer observed the defendant crossing over the white lane markers numerous times. Upon contact, the officer noticed the defendant to have an odor of alcohol and slurred speech. A DUI officer was then called to the scene. The defendant then performed the roadside tests. According to the officer, she exhibited several clues of impairment and was arrested for DUI. This was the defendant's Second DUI.
The defense brought to the State's attention that although the first cop smelled an odor of alcohol, the DUI cop did not. Also, the first officer stated he did not observe balance issues, yet the DUI officer wrote she was off balance. Also, the DUI officer did not observe the angle of onset in the defendant's eyes prior to 45 degrees on the HGN test, which would be present if one was impaired by alcohol. Due to the numerous conflicts between the two officer's testimony, the DUI was dismissed.
The DUI was Dismissed.
Jan 19, 2017 Case: 2015-CT-072385 Judge Irizarry
The defendant was found in his car by the police as it had went off the road into a ditch. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He noticed the defendant to stagger, be unsteady, and sway. The defendant then performed the roadside tests on video tape. According to the officer, he performed poorly and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Parks & Braxton had a jury trial over a year ago with the same officer. In that case, the defendant was found Not Guilty. In the current case, as was with our older case that went to trial, the officer did the same thing by exaggerating each defendant's impairment in his reports versus what was captured on tape. The firm then brought this to the attention of the State as this officer continually did not tell the truth in his reports even though he had a camera. The firm did an investigation and found out that just prior to our court date, the officer had been caught lying in his reports in another unrelated case by his department and punished.
The State Dismissed the DUI.
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