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DUI Wins

Our Recent Victories

Sep 11, 2012 Case: 2011-CT-6342-AXXX Judge Shore

The officer pulled up behind the defendant who was passed out in his car. The defendant was parked on the side of the road and the car was running. The officer then made contact with the defendant and noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .118 and .117 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Sep 11, 2012 Case: 2012-CT-5852-AXXX Judge Shore

The defendant was stopped for speeding. The officer observed an odor of alcohol, droopy eye lids, slurred speech, and lethargic movements. The defendant admitted to drinking two beers. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Sep 10, 2012 Case: 2012-CT-041525AXXX Judge Baker
The defendant was stopped for pulling out of a roadway/alley way without stopping. The officer noticed an odor of alcohol, glassy/watery eyes, and the defendant admitted to having three beers. The defendant performed the beginning portions of the roadside tests on video tape and exhibited signs of intoxication such as stumbling. He refused to complete each task to completion when asked by the officer. He was arrested for DUI and then he refused the breath test. It should be noted, this was the defendant's Third DUI.
The State conceded the motion and Dropped the DUI.
Sep 10, 2012 Case: 12-CT-501719 Judge Paluck
The defendant was stopped for weaving, driving too slowly, and nearly causing a collision. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was verbally abusive toward the officer. He was arrested for DUI and then refused the breath test.
The State Dropped the DUI.
Sep 7, 2012 Case: 11-027007MM10A Judge Brown

The defendant was found passed out in a parking lot at approximately 1:00 in the morning. The officers stated that the keys were in the ignition and the engine was running. In addition, the officers said the vehicle was parked across two spaces. The officers observed a strong odor of alcohol, bloodshot eyes, a flushed face as well as slurred speech. The officers then called for a DUI task force officer. The Trooper made similar observations to the other officers and conducted field sobriety tests. After the walk and turn test, one leg stand and the finger to nose test, the defendant was placed under arrest for DUI. The Trooper stated in his report that the investigation was placed on video. This was the the defendant's 3rd DUI offense.

Despite the Troopers contention, the video only captured a portion of a bumper and then the back of an empty police car. Parks & Braxton filed a motion to dismiss based on destruction of evidence. During cross-examination of the motion, the Trooper testified that he had previously fabricated a police report.

After the Trooper's testimony, the State dropped the DUI.

Sep 7, 2012 Case: 1261-XEU Judge Wolfson

The defendant was detained by the police after a verbal dispute with a neighbor. The officer noticed the defendant with an odor of alcohol, stumbling, bloodshot eyes, and slurred speech. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the officer had no legal reason to initially detain the defendant as no crime was or had been committed.

The State Dropped the DUI.

Sep 6, 2012 Case: 2011-CT-00165701XXBA (JURY TRIAL) Judge Kirkland

The defendant was stopped for driving with loud music in violation of Florida Statutes. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the car door for balance and swayed. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test. He was charged with not only DUI, but also a Second and/or subsequent refusal to submit to breath testing. This was also the defendant's Fourth DUI arrest.

Parks & Braxton went to jury trial on the case. The State tried the defendant on the refusal charge first, prior to the DUI, as they were separated by law. At jury trial, Parks & Braxton argued there was no probable cause to arrest the defendant for DUI which is an element of the refusal crime.

In the middle of jury trial, the State not only Dropped the DUI charge but also closed the refusal charge out very favorably to the defendant.

Sep 6, 2012 Case: CT-005019-XEP Judge Jeske

The defendant was stopped for weaving and making an improper right turn. The officer noticed an an odor of alcohol, a sway, and bloodshot/watery eyes. She then performed roadside tasks at the request of the officer on video tape. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton pointed out to the State, prior to trial, that none of the defendant's normal faculties were impaired on video tape versus what was written in the officer's reports.

The State dropped the DUI.

Sep 6, 2012 Case: 2791-XDP Judge Altfield

The defendant was stopped for violating the State's move over law. The officer noticed an odor of alcohol, bloodshot eyes, and he stumbled. According to the officer, he failed the roadside tests. The officer wrote a very vague report as it related to the roadside tests. He was arrested for DUI and then subsequently refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Sep 5, 2012 Case: CT-004911-XGA Judge Myers

The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed and odor of alcohol, bloodshot eyes, unsteadiness, and slurred speech. The defendant admitted to drinking at a local bar. He failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he took an incorrect number of steps and stepped off the line a number of times. On the one leg stand test, he almost fell over at one point. After his arrest, he refused the breath test.

Parks & Braxton prepared the case for trial.

The State dropped the DUI.

Sep 4, 2012 Case: CT-6221-XFA Judge Weis
The defendant was confronted by the police when his vehicle was stopped in the middle of the roadway. The officers noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot/glassy eyes. He was also observed to be unsteady on his feet. He refused to perform field sobriety exercises requested by the officers and was arrested for DUI.
The State Dropped the DUI.
Sep 4, 2012 Case: 6691-XDX Judge Seraphin
The defendant was the at fault driver as she drove up on a curb and hit a stop sign. Officers observed an odor of alcohol, slow speech, and watery eyes. According to the officers, she performed poorly on the roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, used her arms for balance, and lost her balance during the instructions. On the one leg stand, she used her arms for balance, hopped, and put her foot down. She was then arrested for DUI.
On the morning of trial, the State Dropped the DUI.
Sep 4, 2012 Case: 0085-XER Judge Krieger-Martin
The defendant was the at fault driver as he hit a parked car. Officers observed an odor of alcohol, rapid speech, and bloodshot/watery eyes. The defendant admitted to being involved in the crash and coming from a party. The defendant was asked to conduct roadside tests but refused stating "it is your word against mine." He was then arrested for DUI Causing Property Damage and then he refused the breath test.
On the morning of trial, the State Dropped the DUI.
Sep 1, 2012 Case: 09-012353MM10A Judge Lerner-Wren
The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.
The motion to suppress was granted. The DUI was Dismissed.
Aug 24, 2012 Case: 2011-MM-018282AXXX Judge Bryson

The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.

Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant could not move over as another car was blocking him from doing so and he did slow down in his lane of travel as required. We also alleged that the officer's motioning to the defendant to roll his window down and the taking of his keys were seizures. It should be noted that the officer was impeached at the motion hearing based on his pre-trial deposition whereby he previously stated that he never smelled any alcohol. The defendant also testified at the motion hearing in total contradiction to the officer. For example, he testified that he ended up farther back from the patrol car and never screeched his tires.

The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.

Aug 24, 2012 Case: 8486-XEX Judge Ortiz

The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Aug 24, 2012 Case: 2011-MM-018282AXXX Judge Bryson
The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.
The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.
Aug 24, 2012 Case: 8486-XEX Judge Ortiz
The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.
The State Dropped the DUI.
Aug 21, 2012 Case: 11-013468MM10A Judge Ross

The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.

Parks & Braxton filed a motion to suppress based on an unlawful stop. Despite the fact that the motion to suppress the stop was denied, the deputy provided several statements on the stand that were inconsistent with both the video as well as his reports.

On the morning of trial the State dropped the DUI.

Aug 21, 2012 Case: 11-013468MM10A Judge Ross
The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.
On the morning of trial the State dropped the DUI.
Aug 20, 2012 Case: 2011-CT-021108AAXXX Judge Hudson

The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. According to the officer, he failed the field sobriety tests which were not video taped. After his arrest for DUI, he refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's vehicle.

Prior to the motion ever being heard, the State Dropped the DUI.

Aug 20, 2012 Case: 11-2523MM10A Judge Brown

The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.

Parks & Braxton took the depositions of both officers on scene. The arresting officer was unable to provide a clear and independent recollection to the facts that were included in his reports.

The DUI was dismissed.

Aug 20, 2012 Case: 2011-CT-021108AAXXX Judge Hudson
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. According to the officer, he failed the field sobriety tests which were not video taped. After his arrest for DUI, he refused the breath test.
Prior to the motion ever being heard, the State Dropped the DUI.
Aug 20, 2012 Case: 11-2523MM10A Judge Brown
The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.
The DUI was dismissed.
Aug 17, 2012 Case: 3348-XEX Judge Ortiz

The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and he admitted drinking three rum and cokes. A bottle of vodka was found in the car. After performing poorly on the roadside tests according to the officer, he was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton announced ready for trial.

The State Dropped the DUI.

Aug 17, 2012 Case: 7477-XDK Judge Ortiz

The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, slow movements, and slurred speech. According to the officer, he failed the roadside tests. For example, on the walk and turn test, he stepped off the line and stopped walking to regain his balance. On the one leg stand, he put his put down and swayed. After his arrest for DUI, he refused the breath test.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Aug 17, 2012 Case: 8100-XEE Judge Ortiz

The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant could not perform any roadside tests due to his high level of intoxication. After his arrest for DUI, he blew a .237 and .242 in the breath machine.

Parks & Braxton announced ready for trial.

The State Dropped the DUI.

Aug 17, 2012 Case: 7477-XDK Judge Ortiz
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, slow movements, and slurred speech. According to the officer, he failed the roadside tests. For example, on the walk and turn test, he stepped off the line and stopped walking to regain his balance. On the one leg stand, he put his put down and swayed. After his arrest for DUI, he refused the breath test.
The State Dropped the DUI.
Aug 17, 2012 Case: 8100-XEE Judge Ortiz
The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant could not perform any roadside tests due to his high level of intoxication. After his arrest for DUI, he blew a .237 and .242 in the breath machine.
The State Dropped the DUI.
Aug 17, 2012 Case: 3348-XEX Judge Ortiz
The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and he admitted drinking three rum and cokes. A bottle of vodka was found in the car. After performing poorly on the roadside tests according to the officer, he was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Aug 16, 2012 Case: 2767-XDP Judge Newman

The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he swayed while standing, and dropped his driver's license. According to the officer, he did not perform to standards on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Aug 16, 2012 Case: 8233-XEU Judge Denaro

The defendant was found passed out behind the wheel of his car up on a curb. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to sharing two pitchers of beer. The defendant refused to perform the roadside tests as he became argumentative. After his arrest for DUI, he blew a .153 and .151 in the breath machine.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Aug 16, 2012 Case: 2767-XDP Judge Newman
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he swayed while standing, and dropped his driver's license. According to the officer, he did not perform to standards on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Aug 16, 2012 Case: 8233-XEU Judge Denaro
The defendant was found passed out behind the wheel of his car up on a curb. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to sharing two pitchers of beer. The defendant refused to perform the roadside tests as he became argumentative. After his arrest for DUI, he blew a .153 and .151 in the breath machine.
The State Dropped the DUI.
Aug 14, 2012 Case: 11-4709MM10A Judge Solomon

The defendant was stopped for running a stop sign. The officer smelled an odor of alcohol. The defendant also had a difficult time exiting her vehicle. The officer called for DUI task force to complete the investigation. The defendant agreed to perform field sobriety tests. On the finger to nose test she failed to remove her finger from her nose and failed to keep her eyes closed. On the one leg stand she dropped her foot after 3 seconds. On the walk and turn test she took 29 steps instead of 18 steps. She stepped off the line and failed to walk heel to toe. The officer arrested the defendant for DUI. This was her second DUI.

Despite the officer's report indicating her poor performance on the field sobriety tests, there was no video to substantiate his observations. As a result, Parks & Braxton announced ready for trial.

The State dropped the DUI on the morning of trial.

Aug 14, 2012 Case: 12-33661MMAES Judge Schumann

The defendant was stopped for running a stop sign and weaving. The officer observed an odor of alcohol, glassy eyes, he took almost five minutes to find his registration, and he stumbled upon exiting the car. The defendant stated he had drank a few beers. He failed the roadside tests according to the officer and was arrested for DUI. After his arrest for DUI, he blew a .138 and .140 in the breath machine.

Parks & Braxton were prepared for trial.

The State Dropped the DUI.

Aug 14, 2012 Case: 11-4709MM10A Judge Solomon
The defendant was stopped for running a stop sign. The officer smelled an odor of alcohol. The defendant also had a difficult time exiting her vehicle. The officer called for DUI task force to complete the investigation. The defendant agreed to perform field sobriety tests. On the finger to nose test she failed to remove her finger from her nose and failed to keep her eyes closed. On the one leg stand she dropped her foot after 3 seconds. On the walk and turn test she took 29 steps instead of 18 steps. She stepped off the line and failed to walk heel to toe. The officer arrested the defendant for DUI. This was her second DUI.
The State dropped the DUI on the morning of trial.
Aug 14, 2012 Case: 12-33661MMAES Judge Schumann
The defendant was stopped for running a stop sign and weaving. The officer observed an odor of alcohol, glassy eyes, he took almost five minutes to find his registration, and he stumbled upon exiting the car. The defendant stated he had drank a few beers. He failed the roadside tests according to the officer and was arrested for DUI. After his arrest for DUI, he blew a .138 and .140 in the breath machine.
The State Dropped the DUI.
Aug 11, 2012 Case: CT-007915-XFA Judge Conrad
The defendant was involved in a one car crash whereby he drove off the road and hit a pole. The defendant told the police that he was trying to avoid a crash with another car. Officers observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant refused to perform the roadside tests on video tape and then was arrested for DUI. After his arrest, he refused the breath breath test.
The State Dropped the DUI.
Aug 10, 2012 Case: 5767-XDY Judge Ortiz

The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the officer made several errors in his reports. The most important being a mistake of the race of the defendant.

The State Dropped the DUI.

Aug 8, 2012 Case: 9666-XEX Judge Seraphin

The defendant was stopped for swerving. The officer noticed the defendant to be disoriented/confused, an odor of alcohol, mumbled/slurred speech, watery eyes, and he almost fell getting out of the car. He failed every roadside test and was arrested for DUI. After his arrest, he blew a .234 and .229 in the breath machine.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Aug 8, 2012 Case: 9666-XEX Judge Seraphin
The defendant was stopped for swerving. The officer noticed the defendant to be disoriented/confused, an odor of alcohol, mumbled/slurred speech, watery eyes, and he almost fell getting out of the car. He failed every roadside test and was arrested for DUI. After his arrest, he blew a .234 and .229 in the breath machine.
The State Dropped the DUI.
Aug 7, 2012 Case: CT-004921-XGA Judge Weis

The defendant was stopped by a police officer as he was walking out of a concert. The officer noticed an odor of alcohol, slurred speech, and saw the defendant stumbling. She told the defendant do not drive. About 45 minutes later, he was seen driving out of parking garage and was then stopped again in his car. A DUI officer was called and made similar observations. The defendant was requested to perform the roadside tasks and did not perform up to standards. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Aug 6, 2012 Case: 9095-XEC Judge Wolfson
The defendant was found by police sitting in his car through several red and green light cycles. Upon contact, the officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .108 and .101 in the breath machine.
The State Dropped the DUI.
Aug 5, 2012 Case: 11-CT-506073 Judge Adams
The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, slurred speech, and a sarcastic attitude. According to the officer, she performed poorly on the roadside tests which were video taped. She was then was arrested for DUI. After her arrest, she refused the breath test.
On the morning of Jury Trial, the State Dropped the DUI.
Aug 1, 2012 Case: 5606-CZO Judge Seraphin

The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn test, he stepped off the line and took an incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Jul 30, 2012 Case: CT-009660-XEG Judge Greco

The defendant was stopped for swerving. The officer observed an odor of alcohol, fumbling fingers, and watery/glassy eyes. The defendant exhibited lethargic movements and admitted to drinking beer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .156 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged that the officer misinformed and misstated the law as to the consequences of refusing and/or blowing over the legal limit.

The Judge granted our motion and threw out the breath test results. The State then Dropped the DUI.

Jul 30, 2012 Case: CT-009660-XEG Judge Greco
The defendant was stopped for swerving. The officer observed an odor of alcohol, fumbling fingers, and watery/glassy eyes. The defendant exhibited lethargic movements and admitted to drinking beer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .156 in the breath machine.
The Judge granted our motion and threw out the breath test results. The State then Dropped the DUI.
Jul 27, 2012 Case: 3823-XED Judge Wolfson

The defendant was stopped for running a red light and swerving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unable to maintain his balance. He did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .234 and .224 in the breath machine.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Jul 27, 2012 Case: 12-CT-501836 Judge Hayes

The defendant was stopped for driving the wrong way down a one way road towards a patrol car. A traffic stop was conducted and the officer noticed an odor of alcohol, unsteadiness, and bloodshot eyes. According to the officer, the defendant performed poorly on the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .092 and .085 in the breath machine.

Parks & Braxton were prepared for trial.

The State Dropped the DUI.

Jul 27, 2012 Case: 3823-XED Judge Wolfson
The defendant was stopped for running a red light and swerving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unable to maintain his balance. He did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .234 and .224 in the breath machine.
The State Dropped the DUI.
Jul 27, 2012 Case: 12-CT-501836 Judge Hayes
The defendant was stopped for driving the wrong way down a one way road towards a patrol car. A traffic stop was conducted and the officer noticed an odor of alcohol, unsteadiness, and bloodshot eyes. According to the officer, the defendant performed poorly on the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .092 and .085 in the breath machine.
The State Dropped the DUI.
Jul 25, 2012 Case: CTC11-6024XDVANC-L Judge Vaccaro

The defendant was stopped for not being able to maintain proper lane positions and then veered into an other lane narrowly missing two other cars. He then pulled into a gas station and was ordered out of the car. The officer then noticed bloodshot/watery eyes, unsteadiness, a fumbling dexterity, and mumbling speech. The officer also noticed a white frothy substance on the corners of the defendant's mouth. The officer suspected that he was impaired by a chemical and/or controlled substance and requested the defendant to perform field sobriety tests which the defendant refused. He was arrested for DUI and then later refused a urine test. After his arrest for DUI, the officers found Hydrocodone and also charged him with felony possession.

Pre-trial, Parks & Braxton presented prescription evidence to the State that the defendant had a valid prescription of the hydrocodone at the time of the arrest. Also, prior to the jury trial date, we pointed out to the State that the officers had an in-car video camera. However, they never filmed the defendant for almost the entire time of the DUI investigation. Rather, they filmed the gas station for almost the whole time.

The State Dismissed the Felony possession charge and on the day of jury trial they Dropped the DUI. It should be noted, this is the second time the firm has gotten this client's DUI dropped in the past five years.

Jul 25, 2012 Case: CTC11-6024XDVANC-L Judge Vaccaro
The defendant was stopped for not being able to maintain proper lane positions and then veered into an other lane narrowly missing two other cars. He then pulled into a gas station and was ordered out of the car. The officer then noticed bloodshot/watery eyes, unsteadiness, a fumbling dexterity, and mumbling speech. The officer also noticed a white frothy substance on the corners of the defendant's mouth. The officer suspected that he was impaired by a chemical and/or controlled substance and requested the defendant to perform field sobriety tests which the defendant refused. He was arrested for DUI and then later refused a urine test. After his arrest for DUI, the officers found Hydrocodone and also charged him with felony possession.
The State Dismissed the Felony possession charge and on the day of jury trial they Dropped the DUI. It should be noted, this is the second time the firm has gotten this client's DUI dropped in the past five years.
Jul 12, 2012 Case: 12-2184XGRTWS Judge Salton
The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a couple of drinks. According to the arresting officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.
Three days before Jury Trial, the State Dropped the DUI.
Jul 9, 2012 Case: 1261-XEU Judge Wolfson
The defendant was detained by the police after a verbal dispute with a neighbor. The officer noticed the defendant with an odor of alcohol, stumbling, bloodshot eyes, and slurred speech. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Jul 9, 2012 Case: 11-027007MM10A Judge Brown
The defendant was found passed out in a parking lot at approximately 1:00 in the morning. The officers stated that the keys were in the ignition and the engine was running. In addition, the officers said the vehicle was parked across two spaces. The officers observed a strong odor of alcohol, bloodshot eyes, a flushed face as well as slurred speech. The officers then called for a DUI task force officer. The Trooper made similar observations to the other officers and conducted field sobriety tests. After the walk and turn test, one leg stand and the finger to nose test, the defendant was placed under arrest for DUI. The Trooper stated in his report that the investigation was placed on video. This was the the defendant's 3rd DUI offense.
After the Trooper's testimony, the State dropped the DUI.
Jul 8, 2012 Case: CT-004921-XGA Judge Weis
The defendant was stopped by a police officer as he was walking out of a concert. The officer noticed an odor of alcohol, slurred speech, and saw the defendant stumbling. She told the defendant do not drive. About 45 minutes later, he was seen driving out of parking garage and was then stopped again in his car. A DUI officer was called and made similar observations. The defendant was requested to perform the roadside tasks and did not perform up to standards. He was then arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Jul 5, 2012 Case: 5834-XEM Judge Denaro

The defendant was stopped for weaving. The officer noticed an odor of alcohol, she was falling asleep, slurred speech, and bloodshot eyes. The defendant admitted that she felt the effects of the alcohol at the time of driving. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .129 and .128 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jul 2, 2012 Case: 2011-CT-022698AXXX Judge Evans
The defendant was stopped for driving the wrong way down a one way street. The officers observed slurred/mumbled speech, an odor of alcohol, and unsteadiness exiting the vehicle. The defendant admitted to having a couple of drinks. According to the arresting officer, he did not perform up to standards on the roadside tests which were video taped and then he was arrested for DUI.
The State Dropped the DUI.
Jun 27, 2012 Case: 2012-CT-003478AXXX Judge Bonavita

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and the defendant admitted to consuming two drinks. According to the officer, she failed the roadside tests which were not video taped. For example, she mixed up the letters to the alphabet several times on the alphabet test. Furthermore, on the one leg stand, she put her foot down numerous times. Also, on the walk and turn, the first time she tried it she took 16 steps instead of the required 9 steps. She was arrested for DUI and later refused the breath test.

Parks & Braxton prepared the case and announced ready for trial.

On the morning of trial, the State Dropped the DUI.

Jun 27, 2012 Case: 2117-XAZ Judge Seraphin

The defendant was stopped for speeding as he was driving over 120 miles per hour. The officer noticed an odor of alcohol, a confused look, mumbled speech, and he used the car for support. He refused the roadside tests and was arrested for DUI. He then refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Jun 27, 2012 Case: 2012-CT-003478AXXX Judge Bonavita
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and the defendant admitted to consuming two drinks. According to the officer, she failed the roadside tests which were not video taped. For example, she mixed up the letters to the alphabet several times on the alphabet test. Furthermore, on the one leg stand, she put her foot down numerous times. Also, on the walk and turn, the first time she tried it she took 16 steps instead of the required 9 steps. She was arrested for DUI and later refused the breath test.
On the morning of trial, the State Dropped the DUI.
Jun 27, 2012 Case: 2117-XAZ Judge Seraphin
The defendant was stopped for speeding as he was driving over 120 miles per hour. The officer noticed an odor of alcohol, a confused look, mumbled speech, and he used the car for support. He refused the roadside tests and was arrested for DUI. He then refused the breath test.
The State Dropped the DUI.
Jun 22, 2012 Case: 2011-MM-011427-A Judge Schott

The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly during the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's truck. In our motion, we alleged that the officer did not observe any driving pattern on video tape consistent with a "reckless" driver as required by Florida Law.

On the day of the motion hearing, the State Dropped the DUI.

Jun 22, 2012 Case: 2011-MM-011427-A Judge Schott
The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly on the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine.
On the day of the motion hearing, the State Dropped the DUI.
Jun 21, 2012 Case: 810-183MM10A Judge Cowart

The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's second DUI.

Parks & Braxton pointed out to the State that all of the observations by the officer were contradicted by the video tape.

The State Dropped the DUI.

Jun 21, 2012 Case: 10-183MM10A Judge Cowart
The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's Second DUI.
The State Dropped the DUI.
Jun 19, 2012 Case: 8419-XEX Judge Miranda

The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine.
Defense Parks & Braxton were ready for trial.

The State Dropped the DUI.

Jun 19, 2012 Case: 4380-XDY Judge Miranda

The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Jun 19, 2012 Case: 8419-XEX Judge Miranda
The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine.
The State Dropped the DUI.
Jun 19, 2012 Case: 4380-XDY Judge Miranda
The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine.
The State Dropped the DUI.
Jun 9, 2012 Case: 2011-CT-00165701XXBA (JURY TRIAL) Judge Kirkland
The defendant was stopped for driving with loud music in violation of Florida Statutes. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the car door for balance and swayed. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test. He was charged with not only DUI, but also a Second and/or subsequent refusal to submit to breath testing. This was also the defendant's Fourth DUI arrest.
In the middle of jury trial, the State not only Dropped the DUI charge but also closed the refusal charge out very favorably to the defendant.
Jun 9, 2012 Case: CT-005019-XEP Judge Jeske
The defendant was stopped for weaving and making an improper right turn. The officer noticed an an odor of alcohol, a sway, and bloodshot/watery eyes. She then performed roadside tasks at the request of the officer on video tape. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test.
The State dropped the DUI.
Jun 9, 2012 Case: 2791-XDP Judge Altfield
The defendant was stopped for violating the State's move over law. The officer noticed an odor of alcohol, bloodshot eyes, and he stumbled. According to the officer, he failed the roadside tests. The officer wrote a very vague report as it related to the roadside tests. He was arrested for DUI and then subsequently refused the breath test.
The State Dropped the DUI.
Jun 8, 2012 Case: 9095-XEC Judge Wolfson

The defendant was found by police sitting in his car through several red and green light cycles. Upon contact, the officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .108 and .101 in the breath machine.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Jun 1, 2012 Case: 2011-CT-036569AXXX Judge Damico

The defendant was stopped by the police after he allegedly backed his white car into a green dumpster which was allegedly witnessed by the officer. The officer then noticed an odor of alcohol, red eyes, slurred speech, and the defendant was verbally combative. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. He then refused the breath test.

Parks & Braxton took a pre-trial deposition of the arresting officer. In deposition, we pointed out that the officer never even checked to see if there was any paint transfer from the dumpster to the car. Also, it was brought out during questioning that the defendant performed much better on the roadside tests than described in the reports as the officer wrote a very vague report with hardly any details. The officer also could not remember many specifics.

The State Dropped the DUI.

May 29, 2012 Case: 2011-CT-006104-XFA Judge Weis

The defendant was stopped for allegedly driving erratically. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on the video taped roadside tests and was arrested for DUI. Paramedics arrived due the defendant having a major medical situation due to a diabetic condition. Once taken to jail, he blew a
.158 and .164 in the breath machine

Parks & Braxton pointed out to the State that the majority of the driving pattern on video tape showed no erratic driving. Also, the machine the defendant blew into had prior maintenance problems. Further, we pointed out to the State that the defendant's medical diabetic condition that he was suffering from at the scene could have enhanced the breath test readings.

The State Dropped the DUI.

May 29, 2012 Case: CT-006104-XFA Judge Weis
The defendant was stopped for allegedly driving erratically. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on the video taped roadside tests and was arrested for DUI. Paramedics arrived due the defendant having a major medical situation due to a diabetic condition. Once taken to jail, he blew a .158 and .164 in the breath machine.
The State Dropped the DUI.
May 23, 2012 Case: 2011-CT-006100-XFA Judge Dominguez

The defendant was stopped at a stop sign on a side street arguing with his girlfriend who was across the street. The officer pulled up and told the defendant not to move his vehicle. He also turned on his overhead police lights. The defendant got out of the car and was told to get back in the car. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and lethargic movements. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .087 and .086 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial contact with the defendant. In our motion, we alleged that the officer gave numerous commands (ie. shows of authority) to the defendant without probable cause or reasonable suspicion of a crime. Also, the video contradicted the officer's reports of his observations of the defendant's roadsides, speech pattern, and movements.

The State Dropped the DUI.

May 23, 2012 Case: CT-006100-XFA Judge Dominguez
The defendant was stopped at a stop sign on a side street arguing with his girlfriend who was across the street. The officer pulled up and told the defendant not to move his vehicle. He also turned on his overhead police lights. The defendant got out of the car and was told to get back in the car. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and lethargic movements. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .087 and .086 in the breath machine.
The State Dropped the DUI.
May 22, 2012 Case: 2011-MM-00922-A-M Judge Becker

The defendant was the at fault driver in a two car crash. Officers smelled an odor of alcohol, saw bloodshot eyes, and a flushed face. According to the DUI officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .130 and .133 in the breath machine. It should also be noted that marijuana was found in the car and the State charged the defendant with possession of marijuana.

Parks & Braxton pointed out to the State pre-trial that the video tape of the defendant's roadside tests contradicted the officer's reports and the defendant's breath test level.

The State Dropped the DUI and dismissed the possession of marijuana charge.

May 22, 2012 Case: 2011-MM-00922-A-M Judge Becker
The defendant was the at fault driver in a two car crash. Officers smelled an odor of alcohol, saw bloodshot eyes, and a flushed face. According to the DUI officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .130 and .133 in the breath machine. It should also be noted that marijuana was found in the car and the State charged the defendant with possession of marijuana.
The State Dropped the DUI and dismissed the possession of marijuana charge.
May 22, 2012 Case: 8374-XEE Judge Miranda
The defendant was stopped for speeding and driving in the wrong lane of travel. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he had four drinks. According to the officer's reports, he performed poorly on the roadside tests and was arrested for DUI. He then blew a .125 and .122 in the breath machine after his arrest.
The State Dropped the DUI.
May 21, 2012 Case: 2012-CT-678-A-O Judge Bell

The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and after his arrest he refused the breath test.

Parks & Braxton were prepared and ready for trial. The video contradicted the officer's reports as to the defendant's performance on the field sobriety tests.

On the morning of trial, the State Dropped the DUI.

May 21, 2012 Case: 2012-CT-678-A-O Judge Bell
The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and after his arrest he refused the breath test.
On the morning of trial, the State Dropped the DUI.
May 17, 2012 Case: CTC-11-5072XBNANC Judge Vaccaro

The defendant was stopped for speeding in a work zone. The officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was very off balance. She refused to participate in field sobriety exercises and was arrested for DUI. She then refused the breath test. This was the defendant's Third DUI.

Parks & Braxton conducted a pre-trial investigation gathering evidence from the jail booking area which showed the defendant being tased for no reason, strapped into a chair, and thrown into a locked room. This corroborated her story that the officers were very aggressive towards her during the entire DUI investigation. We showed this to the State the before the trial date along with pictures of the defendant's injuries caused by being tased.

On the morning of Jury Trial, the State dropped the DUI.

May 17, 2012 Case: CTC-11-5072XBNANC Judge Vaccaro
The defendant was stopped for speeding in a work zone. The officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was very off balance. She refused to participate in field sobriety exercises and was arrested for DUI. She then refused the breath test. This was the defendant's Third DUI.
On the morning of Jury Trial, the State dropped the DUI.
May 16, 2012 Case: 59-2011-MM-012626AXXX Judge Schott

<p>The defendant pulled up to a flashing red light. The officer pulled in behind the defendant and another vehicle. The defendant&#39;s car failed to proceed through the flashing red light in a timely fashion according to the officer. The officer activated her emergency lights and pulled up next to the defendant&#39;s car in order to determine why the defendant was not proceeding through the light. The defendant rolled down his window and the officer noticed the defendant&#39;s movements were lethargic and speech was extremely slurred. Based on the officer&#39;s initial observations, she thought the defendant was impaired. The officer then went up to the car and observed an odor of alcohol, bloodshot eyes, and a flushed face. He handed a credit card to the officer instead of his driver&#39;s license. The defendant refused the roadside tests. Also, the defendant admitted that on a scale of 1-10 (ten being the most impaired) he was a seven and that he drank a lot. He was arrested for DUI and subsequently refused the breath test.</p>

<p>Parks &amp; Braxton filed a motion to suppress the initial contact between the officer and the defendant. In our our motion, we alleged that the officer&#39;s initial use of her emergency lights constituted an unlawful seizure.</p>

<p>Based upon the motion, the State Dropped the DUI.</p>

May 16, 2012 Case: 59-2011-MM-012626A Judge Schott
The defendant pulled up to a flashing red light. The officer pulled in behind the defendant and another vehicle. The defendant's car failed to proceed through the flashing red light in a timely fashion according to the officer. The officer activated her emergency lights and pulled up next to the defendant's car in order to determine why the defendant was not proceeding through the light. The defendant rolled down his window and the officer noticed the defendant's movements were lethargic and speech was extremely slurred. Based on the officer's initial observations, she thought the defendant was impaired. The officer then went up to the car and observed an odor of alcohol, bloodshot eyes, and a flushed face. He handed a credit card to the officer instead of his driver's license. The defendant refused the roadside tests. Also, the defendant admitted that on a scale of 1-10 (ten being the most impaired) he was a seven and that he drank a lot. He was arrested for DUI and subsequently refused the breath test.
Based upon the motion, the State Dropped the DUI.
May 15, 2012 Case: 05-2011-CT-050106-AXXX Judge Baker

The defendant was found passed out in his vehicle in a bank parking lot by police. The keys were in the ignition and the engine was running. It took several attempts for two officers to wake the defendant up. Once awoken, the officers observed the defendant to have strong odor of alcohol, slurred speech, bloodshot eyes, and he was disoriented. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .177 and .161 in the breath machine. This was the defendant's Second DUI.

Parks and Braxton were prepared and were ready for trial. The firm pointed out to the State prior to trial that the defendant had no "capabilty" of operating the vehicle.

On the morning of jury trial, the State Dropped the DUI.

May 15, 2012 Case: 05-2011-CT-050106-AXXX Judge Baker
The defendant was found passed out in his vehicle in a bank parking lot by police. The keys were in the ignition and the engine was running. It took several attempts for two officers to wake the defendant up. Once awoken, the officers observed the defendant to have strong odor of alcohol, slurred speech, bloodshot eyes, and he was disoriented. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .177 and .161 in the breath machine. This was the defendant's Second DUI.
On the morning of jury trial, the State Dropped the DUI.
May 11, 2012 Case: 11-026590MM10A Judge Merrigan

The defendant was the at fault driver in a two car crash. Upon the officer's arrival, the defendant was already outside the car. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and she was unsteady on her feet. The defendant refused the roadside tests and then was arrested for DUI. She then refused the breath test.

Parks & Braxton pointed out to the State in a pre-trial investigation that they could not place the defendant in actual physical control of the car at the time of the crash as required by Florida law.

Due to the above fact and speedy trial expiring, the DUI was Dismissed. It should be noted, this is the Second DUI a member of the firm has obtained a dismissal for this client on a DUI charge.

May 9, 2012 Case: CT-004911-XGA Judge Myers
The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed and odor of alcohol, bloodshot eyes, unsteadiness, and slurred speech. The defendant admitted to drinking at a local bar. He failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he took an incorrect number of steps and stepped off the line a number of times. On the one leg stand test, he almost fell over at one point. After his arrest, he refused the breath test.
The State dropped the DUI.
May 8, 2012 Case: 11-CT-506073 Judge Adams

The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, slurred speech, and a sarcastic attitude. According to the officer, she performed poorly on the roadside tests which were video taped. She was then was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton prepared and were ready for Trial.

On the morning of Jury Trial, the State Dropped the DUI.

May 7, 2012 Case: 5834-XEM Judge Denaro
The defendant was stopped for weaving. The officer noticed an odor of alcohol, she was falling asleep, slurred speech, and bloodshot eyes. The defendant admitted that she felt the effects of the alcohol at the time of driving. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .129 and .128 in the breath machine.
The State dropped the DUI.
May 6, 2012 Case: 7457-XEE Judge Miranda
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, mush mouthed speech, and a blank "1000 yard" stare. The defendant stumbled and used the door for support. He performed poorly the roadside tests and was arrested for DUI. After his arrest, he blew a .149 and .132 in the breath machine.
The State Dropped the DUI.
May 1, 2012 Case: 2011-CT-02041-A-K Judge Fowler
The defendant was stopped for driving his motorcycle without eye protection. The officer observed an odor of alcohol, slurred speech, and red eyes. According to the officer, he did not perform the roadside tests up to standards which were video taped. He was arrested for DUI and then refused the breath test.
The Defendant received No DUI conviction on his record.
Apr 27, 2012 Case: 2011-CT-036472AXXX Judge Damico

The defendant was found passed out in his car by the police outside a bar. The headlights were on and the engine was running. The officer noticed the defendant in the car to be drooling and unresponsive. It took the officer almost five minutes to awaken the defendant. He eventually noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes upon awakening him. The defendant stated he was at happy hour earlier. He was also argumentative and unable to follow instructions. He performed poorly on the roadside tests and was arrested for DUI. This was the defendant's second DUI.

Parks & Braxton took a pre-trial deposition of the arresting officer. At the deposition, we established the defendant had no "capability" of operating the motor vehicle while sleeping.

The State Dropped the DUI.

Apr 27, 2012 Case: 2011-CT-036472AXXX Judge Damico
The defendant was found passed out in his car by the police outside a bar. The headlights were on and the engine was running. The officer noticed the defendant in the car to be drooling and unresponsive. It took the officer almost five minutes to awaken the defendant. He eventually noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes upon awakening him. The defendant stated he was at happy hour earlier. He was also argumentative and unable to follow instructions. He performed poorly on the roadside tests and was arrested for DUI. This was the defendant's second DUI.
The State Dropped the DUI.
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