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DUI Wins

Our Recent Victories

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.
Apr 19, 2012 Case: 10-012936MM10A Judge Solomon

The defendant was the at fault driver in a two car traffic crash. The officers observed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant failed the roadside tests which were video taped and then was arrested for DUI. This was the defendant's second DUI.

Parks & Braxton took a pre-trial deposition of the arresting officer. In that deposition, we established through detailed questioning that the impairment the defendant exhibited could have been due to the crash along with her numerous prior injuries versus alcohol. She told the police on tape about numerous back injuries she suffered from prior the officer administering the tests.

The State Dropped the DUI.

Apr 19, 2012 Case: 10-012936MM10A Judge Solomon
The defendant was the at fault driver in a two car traffic crash. The officers observed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant failed the roadside tests which were video taped and then was arrested for DUI. This was the defendant's second DUI.
The State Dropped the DUI.
Apr 18, 2012 Case: 05-2010-CT-053446AXXX Judge Garagozlo

The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He also was unsteady, staggering, swaying, and clumsy on his feet per the officer. He performed very poorly on the roadside tests which were video taped. He was then arrested for DUI.

Prior to trial, Parks & Braxton obtained medical records from the defendant and presented them to the State. The records indicated that the defendant's impairment was due to a medical condition versus alcohol.

The State dropped the DUI.

Apr 18, 2012 Case: 48-2012-CT-001373-O Judge Clark

The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, glassy eyes, and almost lost his balance upon exiting the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .087 in the breath machine.

Parks & Braxton announced ready for jury trial.

On the morning of trial the State Dropped the DUI.

Apr 18, 2012 Case: 05-2010-CT-053446AXXX Judge Garagozlo
The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He also was unsteady, staggering, swaying, and clumsy on his feet per the officer. He performed very poorly on the roadside tests which were video taped. He was then arrested for DUI.
The State dropped the DUI.
Apr 18, 2012 Case: 48-2012-CT-001373-O Judge Clark
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, glassy eyes, and almost lost his balance upon exiting the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .087 in the breath machine.
On the morning of trial the State Dropped the DUI.
Apr 17, 2012 Case: 10-004500MM10A Judge Lerner-Wren

The defendant was pulled over for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant exhibited slow and lethargic movements and could not seem to put the car in park. The defendant was asked to exit the car for purposes of a DUI investigation. The defendant stated over and over "I do not want to do this" and refused the roadside tests. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton announced ready for jury trial.

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

Apr 17, 2012 Case: 10-004500MM10A Judge Lerner-Wren
The defendant was pulled over for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant exhibited slow and lethargic movements and could not seem to put the car in park. The defendant was asked to exit the car for purposes of a DUI investigation. The defendant stated over and over "I do not want to do this" and refused the roadside tests. He was then arrested for DUI. After his arrest, he refused the breath test.
On the morning of jury trial, the State Dropped the DUI.
Apr 16, 2012 Case: 7164-XEX Judge Ortiz

The defendant was involved in a hit and run crash. He was stopped by the alleged victim and several other civilians were standing around him so he could not leave. Upon contact with the police when they arrived, the officers noticed an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. He failed the HGN (eye test) and refused the rest of the tests. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton announced ready for trial.

On the morning of trial, the State could not place the defendant in actual physical control of the motor vehicle. The State Dropped the DUI.

Apr 16, 2012 Case: 7164-XEX Judge Ortiz
The defendant was involved in a hit and run crash. He was stopped by the alleged victim and several other civilians were standing around him so he could not leave. Upon contact with the police when they arrived, the officers noticed an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. He failed the HGN (eye test) and refused the rest of the tests. He was then arrested for DUI. After his arrest, he refused the breath test.
On the morning of trial, the State could not place the defendant in actual physical control of the motor vehicle. The State Dropped the DUI.
Apr 12, 2012 Case: 2012-39354MMAES Judge Davidson
The defendant was stopped for driving without head lights after dark. The officer observed an odor of alcohol, slurred speech, and dilated pupils. He also observed bloodshot eyes and she used the vehicle for support. According to the officer, she failed the video taped roadsides. After her arrest, she refused the breath test.
The State Dropped the DUI.
Apr 12, 2012 Case: 2012-CT-041996AXXX Judge Baker
The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech, and glassy eyes. A bottle of rum was found in the car. According to the officer she failed the video taped roadside tests. After her arrest for DUI, she refused the breath test.
The State Dropped the DUI.
Apr 10, 2012 Case: 2012-CT-96-AXXXXX Judge Carr

The defendant was stopped for significant and continuous weaving in and out in his lane. The officer observed an odor of alcohol, red eyes, and slurred speech along with a heavy eastern European accent. The defendant explained the way he was driving to the officer in that he was arguing with his wife over directions and using the GPS. The defendant was asked to perform roadside tasks on video tape which he refused and then was arrested or DUI. He then refused the breath test.

Parks & Braxton prepared and were ready for jury trial. The firm pointed out to the State that the video tape was in conflict with officer's observations in his reports. We told the State that the alleged indicators of impairment used in the officer's decision to arrest our client were clearly based upon the client's accent, inability to understand English, and communicate properly with the officer.

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

Apr 10, 2012 Case: 2011-CT-003803 Judge Crown
The defendant was stopped for speeding and making a wide turn. The officer noticed an odor of alcohol, slow dexterity, and red/watery eyes. The defendant admitted to drinking a few beers and wine. On the roadside tasks, the defendant had difficulty balancing and was unsteady. He was then arrested for DUI. After his arrest, he blew a .084 and .082 in the breath machine.
On the morning of the jury trial date, the State Dropped the DUI.
Apr 10, 2012 Case: 3456-XDK Judge Hague
The defendant was stopped for failing to maintain a single lane while affecting other traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the walk and turn test poorly, the defendant refused further roadside testing and was arrested for DUI. After her arrest, she refused the breath test.
The State Dropped the DUI.
Apr 10, 2012 Case: 9270-XEQ Judge Hague
The defendant was stopped for peeling out his tires while making a left turn and almost hitting other cars. The defendant had an odor of alcohol, slow speech, and watery eyes. He admitted to drinking six bottles of beer. According to the officer, he did not perform up to standards on the roadside tasks and was arrested for DUI. After his arrest, he blew a .192 and .191 in the breath machine.
The State Dropped the DUI.
Apr 9, 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.

Parks & Braxton prepared the case for trial and also pointed out to the State that almost none of the DUI investigation was captured on the in-car video camera at the scene.

The State Dropped the DUI.

Apr 9, 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.

Parks & Braxton prepared the case for trial.

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

Apr 9, 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.

Parks & Braxton prepared and filed motions to suppress. In one motion, we argued all the defendant's statements at the crash scene should be suppressed as they were obtained in violation of the accident report privilege. We also filed another motion to exclude the defendant's refusal to take the roadside tests.

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

Apr 3, 2012 Case: CT-7276-GWJ Judge Jeske

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes and he admitted to drinking a "few". The defendant used the car door for leverage and was unsteady. According to the officer, he performed poorly on the roadside tests which were video taped and then he was arrested for DUI.

Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired on the video tape.

The DUI was Dismissed.

Apr 1, 2012 Case: 0021-XBU (JURY TRIAL) Judge Seraphin
The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest.
The Jury found the defendant Not Guilty.
Mar 29, 2012 Case: 2011-CT-6398-XBN Judge Roberts

The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was unsteady and staggering according to the officer. He performed the roadside tasks at the request of the officer which were video taped. According to the officer, he performed very poorly and was arrested for DUI.

Parks & Braxton pointed out to the State that almost every observation that the officer made in his written reports were contradicted by the video tape.

The DUI was Dismissed.

Mar 29, 2012 Case: 2011-CT-6398-XBN Judge Roberts
The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was unsteady and staggering according to the officer. He performed the roadside tasks at the request of the officer which were video taped. According to the officer, he performed very poorly and was arrested for DUI.
The DUI was Dismissed.
Mar 28, 2012 Case: CT-253597-X Judge Dominguez

The defendant was detained by the police at the airport exit for failing to pay for parking. The officers observed an odor of alcohol, inconsistent responses upon questioning by the police, bloodshot eyes, and unsteadiness upon exiting the vehicle. The defendant refused the roadside tasks and was arrested for DUI. The officers considered her to be impaired by a chemical and/or controlled substance versus alcohol due to her actions.

Parks & Braxton prepared the case for trial. The State could not prove which specific chemical and/or controlled substance impaired the defendant as required by Florida Law.

The DUI was Dismissed.

Mar 28, 2012 Case: 11-005676MM10A Judge Cowart

The defendant was stopped for driving on the wrong side of the road on a highway. The defendant was going southbound in the northbound lanes. The officer observed a strong odor of alcohol, watery eyes as well as slurred speech. The defendant stated that she knew she was wrong and was coming home from a restaurant. She then stated that she had two captain and cokes. The defendant was allegedly off balance as she exited the car. The defendant was asked to perform field sobriety tests. After performing the walk and turn, one leg stand and HGN (eye test), she was arrested for DUI. She subsequently refused to provide a breath test. This was the defendant's 3rd DUI.

Parks & Braxton filed a motion to suppress based on coercion to perform the field sobriety tests. Specifically, the defense alleged that the Trooper made an improper statement while requesting the defendant to perform field sobriety tests.

The State conceded the motion to suppress and dropped the DUI.

Mar 28, 2012 Case: 2012-CT-004929AXXX Judge Castor

The defendant was seen by a police officer standing outside his car talking on a cell phone stumbling around. Both tires were flat on the car and the officer wanted to see if the defendant was okay. He then observed the defendant to have an odor of alcohol and slurred speech. He was requested to perform field sobriety tests and after refusing to do them and being very argumentative, he was arrested for DUI. The defendant was also almost falling over while talking to the officer.

Prior to court, Parks & Braxton spoke to the prosecutors and pointed out that there was no witness who placed the defendant in actual physical control of the motor vehicle. Thus, pursuant to Florida Statute 901.15, the arrest for DUI was unlawful.

The DUI was Dismissed.

Mar 28, 2012 Case: CT-253597-X Judge Dominguez
The defendant was detained by the police at the airport exit for failing to pay for parking. The officers observed an odor of alcohol, inconsistent responses upon questioning by the police, bloodshot eyes, and unsteadiness upon exiting the vehicle. The defendant refused the roadside tasks and was arrested for DUI. The officers considered her to be impaired by a chemical and/or controlled substance versus alcohol due to her actions.
The DUI was Dismissed.
Mar 28, 2012 Case: 11-005676MM10A Judge Cowart
The defendant was stopped for driving on the wrong side of the road on a highway. The defendant was going southbound in the northbound lanes. The officer observed a strong odor of alcohol, watery eyes as well as slurred speech. The defendant stated that she knew she was wrong and was coming home from a restaurant. She then stated that she had two captain and cokes. The defendant was allegedly off balance as she exited the car. The defendant was asked to perform field sobriety tests. After performing the walk and turn, one leg stand and HGN (eye test), she was arrested for DUI. She subsequently refused to provide a breath test. This was the defendant's 3rd DUI.
The State conceded the motion to suppress and dropped the DUI.
Mar 28, 2012 Case: 2012-CT-004929AXXX Judge Castor
The defendant was seen by a police officer standing outside his car talking on a cell phone stumbling around. Both tires were flat on the car and the officer wanted to see if the defendant was okay. He then observed the defendant to have an odor of alcohol and slurred speech. He was requested to perform field sobriety tests and after refusing to do them and being very argumentative, he was arrested for DUI. The defendant was also almost falling over while talking to the officer.
The DUI was Dismissed.
Mar 22, 2012 Case: 2011-CT-7167-A-O Judge Shoemaker

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed the roadside tasks at the request of the officer and they were video taped. According to the officer, he performed poorly and was arrested for DUI.

Parks & Braxton pointed out to the State that on the video tape none of the defendant's "normal faculties" were impaired.

The State Dropped the DUI.

Mar 22, 2012 Case: CT-006903-XEY Judge Myers

The defendant was stopped by police after allegedly being involved in a hit and run traffic crash. The officers noticed damage to the defendant's car. He had an odor of alcohol upon his breath, slurred speech, bloodshot eyes, and he walked in a "zig zag" pattern once out of the car. They also saw the defendant stumble. There was no video tape of the DUI investigation at the scene. The defendant refused the roadside tests and was arrested for DUI. This was the defendant's Second DUI.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Mar 22, 2012 Case: 2011-CT-7167-A-O Judge Shoemaker
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed the roadside tasks at the request of the officer and they were video taped. According to the officer, he performed poorly and was arrested for DUI.
The State Dropped the DUI.
Mar 22, 2012 Case: CT-006903-XEY Judge Myers
The defendant was stopped by police after allegedly being involved in a hit and run traffic crash. The officers noticed damage to the defendant's car. He had an odor of alcohol upon his breath, slurred speech, bloodshot eyes, and he walked in a "zig zag" pattern once out of the car. They also saw the defendant stumble. There was no video tape of the DUI investigation at the scene. The defendant refused the roadside tests and was arrested for DUI. This was the defendant's Second DUI.
The State Dropped the DUI.
Mar 21, 2012 Case: 11-CT-504601 Judge Hayes

The defendant was stopped for having illegal tint on his car windows. The officer noticed an odor of alcohol and red/watery eyes. The defendant also admitted to drinking beer. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and refused the breath test.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Mar 21, 2012 Case: 11-CT-504601 Judge Hayes
The defendant was stopped for having illegal tint on his car windows. The officer noticed an odor of alcohol and red/watery eyes. The defendant also admitted to drinking beer. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and refused the breath test.
The State Dropped the DUI.
Mar 20, 2012 Case: CT-003286-XGA Judge Jeske

The defendant was found passed out in his vehicle at an intersection by the police. The officers noticed an odor of alcohol, bloodshot eyes, a dazed look, and unsteadiness. The defendant refused the roadside tasks and was arrested for DUI. He then refused the breath test.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Mar 20, 2012 Case: CT-005851-XFA Judge Jeske

The defendant was stopped for weaving. The officer noticed an odor of alcohol, lethargic movements, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were video taped. She was then arrested for DUI. After her arrest for DUI, she blew a .117 and .115 in the breath machine.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Mar 20, 2012 Case: 48-2011-CT-013646-A-O Judge Craner

The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. Upon initial questioning the defendant admitted to drinking that evening. The defendant consented to perform field sobriety exercises which were video taped. The defendant performed the HGN (eye test), walk and turn as well as the one leg stand test. The defendant was subsequently arrested for DUI.

Prior to trial, Parks & Braxton pointed out to the State that the results of the field sobriety tests were administered improperly. For example, on video you can clearly see a distinct pitch on the roadway where the defendant was asked to perform the walk and turn test.

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

Mar 20, 2012 Case: CT-005851-XFA Judge Jeske
The defendant was stopped for weaving. The officer noticed an odor of alcohol, lethargic movements, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were video taped. She was then arrested for DUI. After her arrest for DUI, she blew a .117 and .115 in the breath machine.
The State Dropped the DUI.
Mar 20, 2012 Case: CT-003286-XGA Judge Jeske
The defendant was found passed out in his vehicle at an intersection by the police. The officers noticed an odor of alcohol, bloodshot eyes, a dazed look, and unsteadiness. The defendant refused the roadside tasks and was arrested for DUI. He then refused the breath test.
The State Dropped the DUI.
Mar 20, 2012 Case: 48-2011-CT-013646-A-O Judge Craner
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. Upon initial questioning the defendant admitted to drinking that evening. The defendant consented to perform field sobriety exercises which were video taped. The defendant performed the HGN (eye test), walk and turn as well as the one leg stand test. The defendant was subsequently arrested for DUI.
On the morning of Jury trial, the State Dropped the DUI.
Mar 19, 2012 Case: CT-006900-XEF Judge Conrad

The defendant was stopped for driving the wrong way down a one way street. The officers noticed an odor of alcohol, bloodshot/watery/glassy eyes, "fumbling" fingers, and slurred speech. They also noticed she was unsteady on her feet upon exiting the vehicle. The defendant performed the roadside tests at the request of the DUI officer which were video taped. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the finger to nose, she did not touch the tip of her nose with her index finger and used the wrong hand. The defendant was arrested for DUI and subsequently refused the breath test. This was the Defendant's Second DUI.

Parks & Braxton were ready for a jury trial.

The State Dropped the DUI.

Mar 19, 2012 Case: CT-006900-XEF Judge Conrad
The defendant was stopped for driving the wrong way down a one way street. The officers noticed an odor of alcohol, bloodshot/watery/glassy eyes, "fumbling" fingers, and slurred speech. They also noticed she was unsteady on her feet upon exiting the vehicle. The defendant performed the roadside tests at the request of the DUI officer which were video taped. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the finger to nose, she did not touch the tip of her nose with her index finger and used the wrong hand. The defendant was arrested for DUI and subsequently refused the breath test. This was the Defendant's Second DUI.
The State Dropped the DUI.
Mar 13, 2012 Case: 2012-CT-481-A-O Judge Miller

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and difficulty finding his registration. The officer observed unsteadiness as the defendant exited the car. He was asked to perform roadside sobriety exercises. The defendant performed poorly on the first test and then he refused to continue with the rest of the tests. The defendant said "just talk me to jail" and he was arrested for DUI. He then refused the breath test.

Parks & Braxton were ready for jury trial.

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

Mar 13, 2012 Case: 2011-CT-4134 Judge Hitzemann

The defendant was involved in a single car crash whereby he allegedly struck a tree off the roadway. The defendant made several statements to the officer about being involved in the crash and how it happened. The officer made contact with the the defendant while he was in the ambulance. The officer observed an odor of alcohol, slurred speech, and unsteadiness upon exiting the ambulance. He was asked to perform roadside tasks which he performed very very poorly on video tape. He was then arrested for DUI. This was the defendant's Second DUI.

Parks & Braxton filed a pre-trial motion to suppress all of the defendant's statements to the police. We alleged in our motion all statements were obtained in violation of the accident report privilege. The State conceded the motion. Without the statements, the State could not prove the defendant was driving or in actual physical control the motor vehicle at the time of the of crash.

The DUI was Dismissed.

Mar 13, 2012 Case: 2012-CT-481-A-O Judge Miller
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and difficulty finding his registration. The officer observed unsteadiness as the defendant exited the car. He was asked to perform roadside sobriety exercises. The defendant performed poorly on the first test and then he refused to continue with the rest of the tests. The defendant said "just talk me to jail" and he was arrested for DUI. He then refused the breath test.
On the morning of Jury Trial, the State Dropped the DUI.
Mar 13, 2012 Case: 2011-CT-4134 Judge Hitzemann
The defendant was involved in a single car crash whereby he allegedly struck a tree off the roadway. The defendant made several statements to the officer about being involved in the crash and how it happened. The officer made contact with the the defendant while he was in the ambulance. The officer observed an odor of alcohol, slurred speech, and unsteadiness upon exiting the ambulance. He was asked to perform roadside tasks which he performed very very poorly on video tape. He was then arrested for DUI. This was the defendant's Second DUI.
The DUI was Dismissed.
Mar 12, 2012 Case: 11-017612MM10A Judge Brown
The defendant was stopped for driving on the wrong side of the road almost colliding with a police officer. The officer approached the defendant and observed a strong odor of alcohol, glassy eyes, a flushed face, dilated pupils and slurred speech. She admitted to drinking and had difficulty exiting the car. She refused all testing. This is the 2nd time Parks & Braxton has successfully defended the client after being arrested for DUI.
The Judge determined that the officer lacked credibility and granted the motion. The DUI was dropped.
Mar 10, 2012 Case: CT-005173-XGA Judge Greco
The defendant was stopped because the passenger side headlight was not illuminated. The officer noticed an odor of alcohol, watery eyes, and slurred speech. The defendant handed the officer a Wal-Mart receipt instead of his registration and insurance. The defendant had difficulty standing, swayed, and admitted to having three drinks. He performed the walk and turn test at the request of the officer. For example, he had trouble walking, took an incorrect number of steps, and started to early. After the walk and turn, the defendant started to do the one leg stand and stopped stating he was not doing any more tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
The State Dropped the DUI.
Mar 4, 2012 Case: CT-7276-GWJ Judge Jeske
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes and he admitted to drinking a "few". The defendant used the car door for leverage and was unsteady. According to the officer, he performed poorly on the roadside tests which were video taped and then he was arrested for DUI.
The DUI was Dismissed.
Mar 2, 2012 Case: 05-2011-CT-037416-AXXX-XX (JURY TRIAL) Judge Atkin
The defendant was found passed out in the drive thru of a fast food restaurant. Officers were called to the scene and could not wake him up even by shaking him and yelling. They had to use a sternum rub to wake him up. They then observed an odor of alcohol, bloodshot eyes, and slurred speech. Upon being woken up, the defendant began to scream at the officers. A DUI investigator/drug recognition expert was called to the scene and made similar DUI observations. He also stated the defendant staggered upon exiting the car. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant was then arrested for DUI and subsequently refused the breath test. This was the defendant's second DUI within five years.
During jury deliberations, the State Dropped the DUI.
Mar 1, 2012 Case: 5970-XEM Judge Ortiz
The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine.
The DUI was Dismissed.
Feb 24, 2012 Case: 2011-CT-022808AXXX Judge Castor

The defendant was stopped for continually swerving and weaving. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. She stated she drank two beers. She performed very poorly on the roadside tests and was arrested for DUI. She then refused the breath test.

Parks & Braxton discovered during a pre-trial discovery investigation that the roadside video tape had been lost, destroyed, and/or corrupted. No one at the police department could answer our questions as to the whereabouts of the tape which was material evidence in the case.

Prior to filing any motions to dismiss for destruction of material evidence, the State Dropped the DUI.

Feb 24, 2012 Case: 2011-CT-022808AXXX Judge Castor
The defendant was stopped for continually swerving and weaving. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. She stated she drank two beers. She performed very poorly on the roadside tests and was arrested for DUI. She then refused the breath test.
Prior to filing any motions to dismiss for destruction of material evidence, the State Dropped the DUI.
Feb 23, 2012 Case: 2012-CT-001340AXXX Judge Eissey

The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on the roadside tests which were video taped and was arrested for DUI. The officer suspected he was impaired not by alcohol, but rather by a chemical and/or controlled substance.

Parks & Braxton conducted a pre-trial investigation prior to the filing of the charges.

The State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. The DUI was Dismissed.

Feb 23, 2012 Case: 2011-CT-00913-A-M Judge Becker

The defendant was involved in a one car crash whereby she was ran over several rocks and ended up in a flower bed. No one witnessed the crash, and when the police officer arrived, the defendant was outside the car. The officer noticed an odor of alcohol and unsteadiness. The defendant admitted to being involved in the crash. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .192 and .177.

Parks & Braxton prepared and filed a pre-trial motion to exclude the defendant's statements about her involvement in the crash. In our motion, we alleged the statements were obtained in violation of the accident report privilege. The State conceded the motion and all statements were excluded. Thus, the State could not place the defendant in actual physical control at the time of the crash.

The DUI was Dismissed.

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