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DUI Wins

Our Recent Victories

Apr 21, 2022 Case: 21-CT-019001 Judge Moses-Stephens

The defendant was stopped for driving with no lights after dusk. Officers noticed an odor of alcohol, a flushed/red face, and slurred speech. The defendant admitted to having drank one drink. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused the breath test.

On video, we pointed out to the State that the defendant's roadsides were much better than written in the reports and there was no probable cause to arrest him based on his performance. In addition, he had no slurred speech on tape. The State Dropped the DUI and he received no conviction.
The State dropped the DUI.
Apr 21, 2022 Case: 21-CT-020114 Judge Moses-Stephens
The defendant was stopped after he ran a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant had vomit on his pants and shirt. The defendant also had difficulty walking and maintaining balance. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .109 and .105 in the breath machine.

After several negotiations with the State regarding the defendant himself and the evidence, they Dropped the DUI and he received no conviction.
The State dropped the DUI.
Apr 19, 2022 Case: 21-CT-000592 Judge Nicola
The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, red/glassy eyes, and a flushed face. The defendant had a stamp on his hand form a bar. He was asked to perform roadside tests, but he refused. He was then arrested for DUI and later refused the breath test.

Parks & Braxton announced ready for trial. Just prior trial, the firm pointed out to the State that the officer never even asked the defendant to step out of the car for the DUI investigation until he was being arrested. Thus, no-one could even see if he had any balance issues. Also, his speech was not slurred on tape. Furthermore, we provided case law to the State that the defendant's silence in not answering questions would be a violation of his Miranda rights.
The State dropped the DUI.
Apr 19, 2022 Case: 21-CT-012838 Judge Jeske
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and unstable balance. The defendant admitted to having consumed four drinks. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test.
On tape, the defendant did not exhibit any unstable balance. In fact, he stood and walked quite normally. The officer exaggerated the level of impairment of the roadsides as compared to the video.
The State dropped the DUI.
Apr 19, 2022 Case: 21-CT-005297 Judge Farr

The defendant was stopped after the officer noticed him drifting and crossing over the lane markers several times. The officer did not smell any alcohol, but noticed the defendant to appear lethargic, his speech was slurred, and his eyes were red and watery. His movements were slow and he performed poorly on roadside tests. He was then arrested for DUI and later asked to provide a urine sample as the officer believed he was impaired by drugs. The FDLE lab report showed positive results for marijuana and Xanax.
The State could not prove that the drugs impaired him that day as they could have been in his system for days.
The State dropped the DUI.
Apr 19, 2022 Case: 21-CT-014712 Judge Jeske

The defendant was stopped for not having any headlights or tail lights illuminated. The officer noticed an odor of alcohol, a blank/dazed stare, and watery eyes. She had droopy eye lids and fumbling fingers. She then performed roadside tests such as the walk and turn and one leg stand. She was subsequently arrested for DUI and later blew a .119 and .112 in the breath machine.
The defendant's demeanor and performance on the roadside tests clearly showed she was absorbing alcohol and was under the .08 at the time of driving.
The State dropped the DUI.
Apr 19, 2022 Case: 21-CT-001005 Judge Burns

The defendant was stopped for having no taillights on and drifting by crossing over the fog line. The officer noticed an odor of alcohol watery/bloodshot eyes, and slurred speech. He also appeared unsteady and had to lean on his car for balance. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI arrest and also he was charged with a second refusal.
The officer's reports were contradictory. For example, one officer stated that the defendant had slurred speech and the other stated he had good speech. One officer observed balance issues and the other did not. Also, there were contradictions between the administrative hearing testimony, as compared to the police reports.
The State Dropped the Defendant's Third DUI.
Apr 19, 2022 Case: 21-CT-000592 Judge Nicola

The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, red/glassy eyes, and a flushed face. The defendant had a stamp on his hand from a bar. He was asked to perform roadside tests, but he refused. He was then arrested for DUI and later refused the breath test.
Parks & Braxton announced ready for trial. Just prior trial, the firm pointed out to the State that the officer never even asked the defendant to step out of the car for the DUI investigation until he was being arrested. Thus, no-one could even see if he had any balance issues. Also, his speech was not slurred on tape. Furthermore, we provided case law to the State that the defendant's silence in not answering questions would be a violation of his Miranda rights.
The State dropped the DUI.
Apr 18, 2022 Case: 21-MM-000749 Judge Wallace

The defendant was stopped after he was weaving all over the road for a lengthy period of time. The officer noticed an odor of alcohol, slurred speech, and bloodshot watery eyes. Two unopened cases of beer were also spotted in the defendant's car. He was then asked to perform various roadside sobriety tests. He was then arrested for DUI and later refused the breath test. While being arrested, he allegedly pulled away and was tackled. He was also charged with resisting an officer without violence.

Although the erratic driving pattern was captured on video tape, the officer at that point only had reasonable suspicion to believe the defendant was DUI. After the defendant performed well on the field sobriety tests on tape, there was now a lack of probable cause to arrest him for DUI. The defendant did perform well on video tape and was still arrested. On the day of trial, the State Dropped the DUI and also he received no criminal conviction on the resisting without violence charge.
The State dropped the DUI.
Apr 14, 2022 Case: 22-CT-000714 Judge Booras
The defendant was stopped after she was observed drifting in and out of her lane. The front and rear tires also had no rubber attached to the rims. The officer noticed an odor of alcohol, slurred speech, and varying emotions. The defendant admitted to having drank beer. She performed various field sobriety tests and was arrested for DUI. She later blew a .146 and a .146 in the breath machine.
After many negotiations with the prosecutor about the evidence, the State Dropped the DUI.
The State dropped the DUI.
Apr 14, 2022 Case: 22-CT-000002 Judge Damico
The defendant was stopped after she crossed over the double yellow lines into oncoming traffic. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant used the car for balance and stated she had consumed two mimosas. The defendant then performed various roadside tests such as the alphabet, finger to nose, and one leg stand exercises. She was then arrested for DUI and later refused the breath test.

The roadside observations as written in reports were highly exaggerated as compared to the video. After several negotiations with the prosecutor, the State Dropped the DUI.
The State dropped the DUI.
Apr 13, 2022 Case: 21-CM-009488 Judge Taylor
The defendant was stopped on his boat because it had no lights. The officer observed the defendant to have an odor of alcohol, glassy eyes, and droopy eyelids. The defendant had trouble walking and using his fingertips. The defendant then performed various roadside tests designed for Boating under the influence cases, such as the palm pat, finger to nose, and hand coordination tests. He was then arrested for BUI and later refused the breath test.
All the events were captured on a body worn camera. However, Florida Fish and Wildlife, the arresting agency, never turned it over to the prosecutor in discovery. The State Dropped the Boating under the Influence (BUI) and the defendant received no conviction on his record.
The State dropped the BUI.
Apr 12, 2022 Case: 21-CT-011754 Judge Oster
Police were called out to a disturbance. The defendant was found in the driver's seat of a Polaris slingshot vehicle. The officer noticed an odor of alcohol, slurred speech, and an unstable balance. The defendant admitted to having consumed four beers. After performing roadside tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest. The firm beat his last Boating under the influence charge.
There was a lack of reasonable suspicion of a crime due to a lack of specifics based on a "disturbance" call to detain the defendant. The State Dropped the Defendant's Second DUI and this is the Second time the firm beat the defendant's case.
The State dropped the DUI.
Apr 12, 2022 Case: 21-CT-010991 Judge Oster
The defendant was stopped for running a red light. The defendant had an odor of alcohol, red/glassy eyes, and was very belligerent. After performing the walk and turn and one leg stand exercises, he was arrested for DUI. He later refused the breath test.
The defendant's performance on the roadside tests as written by the officer was contradicted by the video tape.
The State dropped the DUI.
Apr 12, 2022 Case: 21-CT-002939AX Judge J. Steele
Several civilians notified the police that the defendant was a reckless driver and had just pulled into a KFC drive through. An officer walked up to the defendant and noticed he appeared sleepy and drinking from a metallic cup. The officer then asked the defendant to pull off to the side and the defendant took off. The officer went after him eventually initiating a traffic stop. The officer noticed an odor of alcohol, very slurred speech, lethargic movements, and he admitted to having drank margaritas. He performed very poorly on roadside tests and was almost incoherent. He was arrested for DUI and later blew a .208 and a .193 in the breath machine.
Based on the information provided which was very vague, a "reckless driver," without more, was legally insufficient for the officer to justify stopping the defendant. He made no specific DUI observations when he first went up to the car. The lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Apr 12, 2022 Case: 19-007943MU10A Judge Brown
The defendant was involved in a one car crash on the highway. The officers arrived on scene and made a series of observations consistent with impairment. The officers observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused to perform any field sobriety tests. While on video, the defendant apologized for 30 straight minutes begging the officer to "cut him a break." The defendant admitted several times that he made a mistake and would not do it again. The defendant was arrested for DUI and subsequently refused a breath test. This was the defendant's second DUI within 6 months of his first offense.

As a result of the crash, the defendant's car was completely inoperable. The defendant maintained that he did not begin drinking until after the crash. In addition, the firm presented a call log that proved that the defendant called the tow truck company shortly after the crash, and remained in the vehicle for over an hour until the police arrived. The law requires that the State prove beyond all reasonable doubt that the defendant was impaired at the time the vehicle was operable. Without evidence of intoxication at the time of the crash the State could not prove the DUI.
The State dropped the DUI.
Apr 11, 2022 Case: 21-CT-008106 Judge Bigney
The defendant crashed his car into a concrete barrier on the interstate. Officers observed an odor of alcohol, glassy eyes, and slurred speech. He also appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
The firm announced ready for trial. The State and the police department never turned over the video with the roadsides in a timely matter. On the day of trial, due to the discovery issue, the State Dropped the DUI.
The State dropped the DUI.
Apr 7, 2022 Case: 21-CT-020277 Judge Zuckerman
The defendant was the at fault driver in a rear end crash. The officer noticed an odor of alcohol, his movements were slow and uncoordinated, and he admitted to having consumed vodka. His eyes were red and his speech was slurred. After performing various roadside tests, he was arrested for DUI. He later blew a .173 and a .159 in the breath machine.
After several conversations with the prosecutor about the evidence, the State Dropped the DUI.
The State dropped the DUI.
Apr 5, 2022 Case: 21-CT-012354 Judge Oster
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot/glassy eyes, and delayed verbal communication. He then refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
After several conversations with the prosecutor, we pointed out that based on the video tape evidence, there was no probable cause to arrest him. The State agreed and Dropped the Defendant's Second DUI and he received no conviction and no penalties.
The State dropped the DUI.
Apr 5, 2022 Case: 21-CT-011175 Judge Oster
The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, watery eyes, and slurred speech. She also admitted to having drank wine. After performing various roadside tests, she was arrested for DUI. She later blew a .134 and a .131 in the breath machine.
After several conversations with the State regarding various issues in the discovery, the State Dropped the DUI.
The State dropped the DUI.
Apr 1, 2022 Case: 21-CT-053341 Judge Silverman
The defendant was stopped for drifting and speeding. The officer noticed an odor of alcohol, as well as an odor of marijuana. The defendant's speech was slurred and she appeared clumsy and drowsy. She then performed various field sobriety tests and was subsequently arrested for DUI. She later blew a .133 and a .122 in the breath machine.
After several talks with the prosecutor about the evidence, the State Dropped the DUI.

The State dropped the DUI.

Mar 29, 2022 Case: ADW4OEE Judge Croff
The defendant was stopped for speeding. The officer noticed an odor of alcohol, a dazed look, and bloodshot eyes. She admitted to having drank champagne and had slurred speech. The defendant also swayed and staggered. After performing various roadside tests, she was arrested for DUl. She later blew a .117 and a .122 in the breath machine.
Many observations that the officer wrote in his reports, such as slurred speech and balance issues, were refuted by the video tape.
The State dropped the DUI.
Mar 29, 2022 Case: AENLH3E Judge Lawhorne
The defendant was stopped for weaving, drifting on the lane markers, and driving up on the raised concrete median. The officer noticed an odor of alcohol, a slur to his speech, and heavily watery/glassy eyes. He also had a dazed/drowsy look and a flushed face. After performing several roadside tests, such as the walk and turn, one leg stand, and finger to nose, he was arrested for DUI. He later refused the breath test.
After several negotiations and discussions with the State regarding the evidence, the State Dropped the DUI.
The State dropped the DUI.
Mar 25, 2022 Case: 21-CT-050603 Judge Garagozlo
The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having drank three beers. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
The defendant performed the field sobriety tests much better on tape than as described. After negotiations, the State Dropped the DUI.

The State dropped the DUI.

Mar 25, 2022 Case: 21-CT-052648 Judge Peacock
The defendant was the at fault driver in a rear end crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and a flushed face. His movements were slow and he appeared to sway. After performing roadside tests, he was arrested for DUI. He later blew a .217 and a .217 in the breath machine.
After several conversations with the prosecutor, the State Dropped the DUI.
The State dropped the DUI.
Mar 25, 2022 Case: 21-CT-020159 Judge Peacock
The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, however, the officer observed bloodshot eyes, a dazed look, swaying, and unsteadiness. She also walked slow and had constricted pupils and very slurred speech. Believing she was impaired by drugs, the officer had her perform roadside tests. She was then arrested for DUI. She later provided a urine sample which showed Xanax and Ambien. This was the defendant's Second DUI.
On tape, the officer had the defendant doing the roadside tests very far from the camera and she could hardly even be seen. Also, he had her do them on the dirt, not a smooth level pavement.
The State Dropped the defendant's Second DUI.
Mar 25, 2022 Case: 21-CT-050654 Judge Garagozlo
The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred/dry mouth speech, and bloodshot eyes. He then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later refused the breath test.
Issues were raised as to the lawfulness of traffic stop. The description of the driving pattern was very vague.
The State dropped the DUI.
Mar 24, 2022 Case: 21-CT-013582 Judge T. Brown
The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and a flushed face. He also had red/bloodshot eyes, was lethargic, and had mood swings. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
The firm pointed out to the State that the entire DUI investigation took place while the defendant was seated in his car. Prior to arresting the defendant, the officer never placed him in front of his dash camera so one could see how he was standing, walking, or even acting. One couldn't even hear whether the defendant's speech was actually slurred or not.
The State Dropped the defendant's Second DUI.
Mar 22, 2022 Case: 21-CT-502310 Judge Swett
The defendant was stopped for weaving six times from the middle lane into the right and left lanes of travel. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant struggled to unlock his glove compartment and also appeared unsteady outside the car. He then performed various roadside tests and was arrested for DUI. He later refused the breath test.
The defendant immediately told the officer that he was weaving because he needed an alignment. Also, the written report was highly exaggerated about the defendant's level of impairment as compared to the video tape. The firm announced ready for trial and the State Dropped the DUI.
The State dropped the DUI.
Mar 21, 2022 Case: 21-MM-003709 Judge D. Roberts
The defendant was stopped for driving with her high beams on. The officer noticed an odor of alcohol, slurred speech, and she stated she had one beer. The defendant performed the HGN (eye test) and refused to perform any other field sobriety tests. She was arrested for DUI and later refused the breath test. Marijuana was found and she was also charged with possession.
After several negotiations, we pointed out that on tape the defendant's speech was not slurred and she did not appear to be impaired. Thus, we pointed out that there was lack of probable cause to arrest her. The State Dropped the DUI and she also received no conviction in the possession charge.
The State dropped the DUI.
Mar 21, 2022 Case: 21-CT-002506 Judge D. Roberts
A call went out about a reckless driver. Civilians called 911 stating that the defendant was all over the road. The civilians ended up stopping the defendant due to his erratic driving. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and a dazed look. He struggled to exit the vehicle, used the car for balance, and he almost fell. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
The firm raised issues that the stop by the civilians was unlawful due to an illegal citizen's arrest.
The State dropped the DUI.
Mar 15, 2022 Case: 21-CT-009500 Judge Oster
The defendant was stopped for weaving. Upon the stop of the defendant's car, the officer noticed an odor of alcohol, glassy eyes, and he admitted to having consumed one drink. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
The facts and circumstances surrounding the traffic stop were vague and lacked specificity. Thus, we called into question the lawfulness of the traffic stop.
The State dropped the DUI.
Mar 15, 2022 Case: 21-CT-005909 Judge Oster
The defendant was stopped for failing to maintain a single lane, almost striking another car, and following too closely. He had an odor of alcohol, bloodshot eyes, and he appeared unsteady. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Many observations on the report were contradicted the video tape.
The State dropped the DUI.
Mar 15, 2022 Case: 21-CT-003395 Judge Oster
The defendant was stopped for speeding and failing to have her lights on. Once stopped, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI. She later refused the breath test.
The firm announced ready for trial. Prior to trial, we pointed out that on tape, her speech was not slurred at all. In addition, the video tape performance of her roadside tests clearly showed a lack of probable cause to arrest her.
The DUI was dismissed.
Mar 11, 2022 Case: 21-CT-018370 Judge Bonavita
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and he had mood swings. The defendant also exhibited a short attention span and was forgetful. The defendant only performed the HGN (eye tests) and walk and turn. He refused to perform all other tests and was arrested for DUI. He later blew a .246 in the breath machine but failed to provide second sample so they called it a refusal.
After several negotiations with the State about numerous issues in the discovery, the State Dropped the DUI.
The State dropped the DUI.
Mar 9, 2022 Case: AEBM3HE Judge Komninos
The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and depressed reflexes. He also had slow movements and dilated pupils. After performing roadside tests, he was arrested for DUI. He later blew a .109 and a .107 in the breath machine.
The defendant's performance on the field sobriety tests clearly showed that he may have been lower than the legal limit of .08 at the time of driving.
The State dropped the DUI.
Mar 9, 2022 Case: AEBMBZE Judge Komninos
The defendant was stopped for speeding. The officer observed an odor of alcohol, glassy eyes, and dilated pupils. His speech was also slow, slurred, and mumbled. He performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and a .142 in the breath machine.
There were several inconsistencies in the discovery. After discussion with the prosecutor, the State Dropped the DUI.
The State dropped the DUI.
Mar 8, 2022 Case: 21-CT-007779 Judge Conrad
The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. There was the smell of spilled alcohol on the defendant's arm. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .201 and a .192 in the breath machine.
After several negotiations with the State and pointing out various contradictions between the reports and the video, the State Dropped the DUI.
The State dropped the DUI.
Mar 2, 2022 Case: 21-CT-010707 Judge Jeske
The defendant's vehicle was observed with front end damage. The officer got out of his car and went up to the defendant's car. The defendant was surrounded in the driver's seat by airbags that had deployed. The officer, after cutting through the airbags, observed an odor of alcohol and bloodshot eyes. He admitted to having drank alcohol. After performing roadside tests, he was arrested for DUI. He later blew a .138 and a .133 in the breath machine.
Due to a lack of an accident investigation, the firm was able to convince the State to Drop the DUI.
The State dropped the DUI.
Mar 2, 2022 Case: 21-CT-003009 Judge Jeske
The defendant was stopped for having no taillights on. He was also weaving and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed roadside tests and was arrested for DUI. He later blew a .141 and a .138 in the breath machine.
After pointing out inconsistencies in the discovery, both in the reports and video, the State Dropped the DUI.
The State dropped the DUI.
Mar 1, 2022 Case: 21-CT-011176 Judge Conrad
The defendant was stopped for speeding and drifting back and forth. Officers observed an odor alcohol, glassy eyes, and slurred speech. The defendant then agreed to perform various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test. This was his Second DUI arrest. The firm beat his first DUI as well.
The firm pointed out that the defendant told the cop prior to the roadsides that he had head, back, and leg injuries, as well as metal plates in his ankles. These all stemmed from motorcycle accidents. The officer could have done alternative nonphysical exercises like the finger to nose, alphabet, or estimation of time, but chose not to. Instead, he had him do things he wasn't physically capable of doing. Thus, any impairment could have been due to his injuries as easily as alcohol.
The State Dropped the DUI and the firm beat his Second case as well.
Feb 22, 2022 Case: 21-CT-502851 Judge Gagliardi
The defendant was stopped after being observed by police facing west in the eastbound lane. The officer observed an odor of alcohol, glassy/watery eyes, and he admitted to having drank two beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .088 and a .081 in the breath machine.
Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was led to believe that if he blew under the legal limit, he could be released from jail. This was on the video tape as well. That was a coercive and misleading statement in order to get the defendant to blow in the machine. Prior to any motion hearing, the State Dropped the DUI.
The State dropped the DUI.
Feb 17, 2022 Case: 21-CT-013649 Judge Moses-Stephens
The defendant crashed her car into bushes and ended up down an embankment and into a shallow pool of water. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. She then performed poorly on roadside tests and was arrested for DUI. Blood was taken later at the hospital which revealed a blood alcohol result of .155.
Due to various medical and weight issues, the defendant had difficulty performing roadside tests. Thus, any impairment could have been due to those issues versus alcohol.
The State dropped the DUI.
Feb 17, 2022 Case: A7638UE Judge Cuervo
The defendant was stopped for swerving. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .212 and a .203 in the breath machine.
Issues were raised by the firm about the lawfulness of the traffic stop.
The State dropped the DUI.
Feb 16, 2022 Case: AE62STE Judge Komninos
The defendant was stopped for failing to maintain a single lane. The officers observed an odor of alcohol, bloodshot eyes, slow/slurred speech, and he swayed. He then performed various field sobriety tests and was arrested for DUI.
Prior to trial, we pointed out that on tape the defendant did not sway and his speech was normal. Also, there was a lack of probable cause to arrest him based on the evidence.
The State dropped the DUI.
Feb 14, 2022 Case: 21-CT-011401 Judge Hanser
The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of burnt marijuana emanating from his person, bloodshot/glassy eyes, and slurred speech. He also swayed side to side. The defendant admitted to smoking pot earlier in the day. Believing he was impaired by marijuana, he was asked to perform roadside tests. He complied and was then arrested for DUI. He later refused a urine test.
On video, the defendant's speech was not slurred and he was not swaying. The officer also never clarified how much "earlier" he had smoked the pot. Also, he performed much better on the field sobriety tests on tape versus what was written in the reports.
The State dropped the DUI.
Feb 8, 2022 Case: 21-CT-502985 Judge Swett
The defendant was found by police passed out in his car slumped over the wheel. He was parked on the side of the road in a neighborhood. Police were responding to a suspicious vehicle. Upon awakening him, they noticed an odor of alcohol, he was very disoriented, and had slurred speech. He also had bloodshot eyes and had an unsteady gait. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
The firm announced ready for trial. We pointed out that the defendant could not be in actual physical control because while sleeping he had no "capability" to operate the car.
The State dropped the DUI.
Feb 2, 2022 Case: 20-CT-007817 Judge Jeske
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and he appeared unsteady on his feet. The defendant stated he consumed "maybe 1, 2 or 3 drinks." The defendant performed poorly on field sobriety tests and was arrested for DUI. He later refused the breath test.
On tape, prior to performing the roadsides, the defendant stated he had hip issues which would cause him to have problems on the walk and turn and one leg stand. The officer disregarded that and still had him do them. The evidence of impairment could have just as easily been attributed to hip problems versus alcohol.
The State dropped the DUI.
Feb 2, 2022 Case: 20-CT-006706 Judge Jeske
The defendant was stopped after cutting off a cop on video then speeding past him. Once stopped, the officer noticed an odor of alcohol, red/glassy eyes, and low/mumbled speech. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
On tape, the defendant felt scared like he was being profiled. Also, he didn't appear unsteady and his speech seemed normal.
The State dropped the DUI.
Feb 2, 2022 Case: 20-CT-001632 Judge Jeske
The defendant was the at fault driver in a crash whereby she failed to yield and struck another car. Officers observed the defendant to have an odor of alcohol, slurred speech, and made inconsistent statements. She then refused to perform field sobriety tests and was arrested for DUI. She later refused the breath test.
Under Florida law, an officer must advise a defendant of adverse consequences if they refuse to perform roadside tests. Here, the officer did not, so the refusal would have been excluded from evidence.
The State Dropped the DUI.
Feb 2, 2022 Case: 21-CT-005301 Judge Farr
The defendant was found passed out in her car. When officers got her to wake up, they noticed an odor of alcohol, an odor of burnt marijuana, and bloodshot eyes. She then performed roadside tests and was arrested for DUI. She later blew a .162 and a .153 in the breath machine.
Issues were raised by the firm as to whether the defendant could have been legally in actual physical control while she was sleeping. While asleep, she had no "capability" to operate the car.
The State Dropped the DUI.
Feb 2, 2022 Case: 21-CT-005299 Judge Farr
The defendant was stopped for speeding, weaving, and making a wide turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant attempted roadside tests then refused. He was then arrested for DUI and later refused the breath test.
The defendant told the officer he had surgery a few years back and might have difficulty doing the roadside exercises. The officer immediately stated he was refusing the tests and arrested him for DUI.
The State Dropped the DUI.
Feb 2, 2022 Case: 20-CT-007729 Judge Farr
The defendant was stopped for driving the wrong way down a one-way street. The officer noticed the defendant to have an odor of alcohol, slurred speech, and exaggerated movements. He also displayed unsteadiness while walking and standing. The defendant then performed the walk and turn and finger to nose exercises. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
On video, the defendant told the officer numerous times about medical issues he suffered from. The medical issues he spoke about caused doubt as to whether his impairment was due to medical issues or alcohol.
The State Dropped the defendant's Second DUI.
Feb 2, 2022 Case: 21-CT-005715 Judge Farr
The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .170 and a .170 in the breath machine.
The firm raised issues that the defendant's videotape contradicted his breath test results. It was clear that his breath alcohol content (BAC) may have been lower at the time of driving and that he may have been absorbing alcohol at the time of driving.
The State Dropped the DUI.
Feb 2, 2022 Case: 21-CT-007620 Judge Farr
The defendant was found passed out in his car with every air bag deployed. When the officer cut through them to get to the defendant, he asked the defendant what was going on. The defendant stated that he was "just hanging out." The officer smelled an odor of alcohol, his speech was incoherent, and he was disoriented. After performing field sobriety tests, he was arrested for DUI. He later blew a .115 and a .114 in the breath machine.
After several negotiations with the State discussing various inconsistencies in the evidence, the State Dropped the DUI.
The State dropped the DUI.
Feb 2, 2022 Case: 21-CM-004471 Judge Taylor
The defendant was seen speeding and driving close behind another car which was driven by his wife. The defendant got out and was screaming at his wife. Officers were on scene and broke up the argument. They noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then performed various roadside tests and was arrested for DUI. He later blew a .123 and a .119 in the breath machine.
After several conversations with the prosecutor, we pointed out that the argument between the defendant and his wife was a misunderstanding which led to the defendant being detained for DUI. The State later Dropped the DUI.
The State Dropped the DUI.
Feb 1, 2022 Case: 21-CT-010337 Judge Conrad
The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, she admitted to having consumed two vodka drinks. After performing various field sobriety tests, she was arrested for DUI. She later blew a .115 and a .104 in the breath machine.
After viewing the video tape of the defendant's roadsides, there were many inconsistencies between the reports and the video.
The State dropped the DUI.
Feb 1, 2022 Case: 21-CT-013118 Judge Conrad
The defendant was stopped after making a right turn from the far left lane. The officer observed an odor of alcohol, glassy eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
The firm pointed out to the State that there was no probable cause to arrest the defendant. The level of impairment written in the reports was contradicted by the video tape. The State Dropped the defendant's Third DUI.
The State dropped the DUI.
Feb 1, 2022 Case: 21-Ct-011194 Judge Conrad
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having drank 4 beers. After performing various field sobriety tests, she was arrested for DUI. She later blew a .153 and a .153 in the breath machine.
After several rounds of talks with the prosecutor, the firm was able to get the State to Drop the DUI.
The State dropped the DUI.
Feb 1, 2022 Case: 21-Ct-008607 Judge Conrad
The defendant was stopped after he allegedly cut a cop off and drove into oncoming traffic. The officer observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He admitted to consuming a few drinks and wore a wristband from a bar. After performing field sobriety tests, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
After the firm reviewed all the discovery, we pointed out various contradictions within the reports and also the reports compared to the video footage.
The State Dropped the defendant's Second DUI.
Jan 28, 2022 Case: 21-CT-037775 Judge Atkin
The defendant was approached by the police after he was sitting in his car at an intersection for 30 seconds without moving. The defendant was passed out and the officer had to make several attempts to awaken him. The officer then opened the door and got the defendant to wake up. He noticed an odor of alcohol, mumbling speech, and he admitted to having dank 4 cocktails. Once out the car, he was very unsteady and clumsy. After performing various field sobriety tests, he was arrested for DUI. He later blew a .145 and a .143 in the breath machine.
Issues were raised about the lawfulness of the initial detention. We put forth that the officer had no right to open the defendant's door as that was an illegal seizure.
The State dropped the DUI.
Jan 28, 2022 Case: 21-CT-047877 Judge Atkin
The defendant was stopped after she was swerving all over the road and into oncoming traffic. She also forced another car off the road. Officers observed an odor of alcohol, dilated/watery eyes, and slow movements. She then performed roadside tests and was arrested for DUI. She later blew a .146 and a .144 in the breath machine.
After several conversations with the State about discrepancies between the written reports and the video, the State Dropped the DUI.
The State dropped the DUI.
Jan 28, 2022 Case: 21-CT-044261 Judge Atkin
A concerned citizen called 911 stating that the defendant was driving on the center lane, drifting into opposing lanes, and nearly crashing. Officers made contact with the defendant and noticed an odor of alcohol, he stated he had drank a couple of beers, had slurred speech, and bloodshot eyes. He also had urinated on himself. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Due to a lack of corroboration of the driving pattern, the lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Jan 26, 2022 Case: 21-CT-006796 Judge Allen
The defendant was the at fault driver in a rear end crash. Her car then exploded into flames. Officers observed her to have an odor of alcohol, slurred/mumbled speech, and she admitted to having dank two tequila drinks. She was then asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused the breath test.
When a defendant refuses to perform roadside tests, the officer must give adverse consequences. Here, they did not so the refusal to perform roadside tests would have been excluded from evidence. Also, on tape, the defendant’s speech was not mumbled or slurred. The firm pointed all this out to the prosecutor and the State Dismissed the DUI.
The DUI was dismissed.
Jan 25, 2022 Case: 21-CT-002328 Judge Conrad
The defendant was found passed out in her car in the middle of the roadway. Paramedics were on scene, as well as the police. Officers observed the defendant to have noticeable amount of mucus coming from her nose and her speech was unintelligible. She lost consciousness numerous times, had a blank stare, appeared confused, and was also crying at times. The defendant was transported to the hospital. At the hospital, the officer tried to do HGN (eye test), but the defendant couldn't follow the stimulus. Unable to interview her or gain consent for a blood draw due to the defendant losing consciousness, the officer had a nurse take the defendant's blood. That blood was sent to the FDLE lab and yielded blood alcohol concentration results of .432 and .429 (over 5 times the legal limit).
Parks & Braxton filed a pretrial motion to suppress the blood test results. In our motion, we alleged the officer had no "reasonable cause" under Florida Statute 316.1932 (c) to believe that the defendant was under the influence of alcohol, a chemical and/or controlled substance. No odor of alcohol was ever detected and no drugs were found. In addition, the officers on scene were constantly mentioning medical issues, and not DUI (or in police terms signal one). Prior to any motion hearing, the State Dropped the DUI in which the defendant's blood alcohol level was over 5 times the legal limit.
The State dropped the DUI.
Jan 24, 2022 Case: 21-CT-001924 Judge Poblick
Police received a call about the defendant driving southbound in the northbound lane of travel. When police found the defendant, he was parked in a 7-11 parking lot. Officers observed him to have an odor of alcohol, watery eyes, and slurred speech. He stumbled outside the car and also had an orbital sway. The defendant agreed to perform various roadside tests such as the HGN (eye test) and walk and turn. He was then arrested for DUI. He later refused the breath test.
The firm called into question the lawfulness of the initial contact. Other than the traffic infraction, there was no reasonable suspicion justifying ordering the defendant out of his car.
The State dropped the DUI.
Jan 24, 2022 Case: AEUO4AE Judge Vaccaro
An ambulance observed the defendant swerving all over the roadway. They used their air horn to try to get the defendant to stop. When the defendant stopped, paramedics from the ambulance went to check on her. Police were called and when they arrived, they observed the defendant to have slurred/mumbled speech, bloodshot/glassy eyes, and she spontaneously stated she had taken a Xanax. The defendant appeared incoherent at times. She was taken to the hospital. Believing that she was impaired by drugs, a blood draw was done. The blood results yielded a positive result for Xanax. The defendant was charged with DUI. This was the defendant's Second DUI arrest.
Parks & Braxton pointed out numerous inconsistencies in the police reports. For example, one officer stated they observed an odor of alcohol coming from the defendant, while the arresting officer stated there was no odor, Also, when one is under the influence of Xanax (a CNS depressant), officers would see HGN or VGN in the defendant eyes (i.e. nystagmus). Here, there was neither.
The State dropped the DUI.
Jan 20, 2022 Case: AEBM9GE Judge Komninos
The defendant was stopped after callers stated the defendant was intoxicated in a city parking lot. Officers observed the defendant to have an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He also appeared unsteady and gait ataxia. After refusing roadside tests, he was arrested for DUI. He later refused a breath test.
Due to the vagueness of the call and lack of driving pattern, the lawfulness of the stop was called into question.
The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-040051 Judge Garagozlo
The defendant was stopped for weaving and speeding. The officers observed an odor of alcohol, slow/slurred speech, and he fumbled around. While outside the car, he swayed while he stood and had bloodshot eyes. After performing various field sobriety tests, such as the walk and turn and one leg stand, he was arrested for DUI. He later refused a breath test.
The firm pointed out various inconsistencies between the video and police reports.
The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-045326 Judge Jacobus
A homeowner called police that they believed the defendant was impaired has he kept driving in their yard. Police were called and they made contact with the defendant in the homeowner's front yard. Officers noticed an odor of alcohol, he stated he had drank 3 beers, and his movements were slow. His eyes were glassy and he seemed confused. He performed poorly on roadside tests and was arrested for DUI. He later blew a .161 and a .155 in the breath machine.
After pretrial discussions, the firm pointed out that the officer had no right to order the defendant out of the car without any corroborating evidence of impairment.
The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-009011SC Judge Galen
The defendant was found by police in a lane of travel with a missing front left tire and the entire hub assembly was missing. Also, the rear left tire was flat. The officer concluded, without any witnesses, that the defendant failed to maintain a single lane, drove off the road, and hopped the median causing disabling damage. Officers noticed the defendant to have an odor of alcohol, red/watery eyes, and he would trip over his words. He admitted to having drank 5 Bacardi and Cokes. The defendant had prominent "gait ataxia" and would stagger as he walked. After performing field sobriety tests, he was arrested for DUI. He later blew a .197 and a .189 in the breath machine.
The firm pointed out to the State that the defendant couldn't be in "actual physical control "of a disabled (inoperable) vehicle.
The State dropped the DUI.
Jan 18, 2022 Case: 21-CF-000595 Judge Roby
The defendant was involved in a one car accident whereby she crashed into a parked vehicle. When officers arrived, they noticed the defendant to have an odor alcohol, slurred speech, and glossy eyes. She also seemed very confused. She then refused roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's Fourth DUI and she was charged by the State with Felony DUI.
Parks & Braxton took pretrial depositions of the two officers. In depo, they contradicted themselves numerous times and also each had a very vague recollection of the specific facts upon our questioning. After taking the depos, the State then Dismissed the Defendant's Felony Fourth DUI.
The DUI was dismissed.
Jan 18, 2022 Case: 21-CT-001566 Judge Burns
The defendant was stopped for speeding. The defendant had an odor of alcohol, a lack of dexterity, and he stated he had consumed one drink. He also had bloodshot eyes and fumbled with his documents. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
arrest him. The State agreed and the State Dismissed the defendant's Second DUI.
The DUI was dismissed.
Jan 12, 2022 Case: 21-CT-000801 Judge Dubois
The defendant was stopped for speeding. Officers observed an odor of alcohol, red/glassy eyes, and the defendant admitted to having drank. He also stumbled and appeared cocky. He was then asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Parks & Braxton announced ready for trial. Prior to trial, it was pointed out to the State that on tape the officer misinformed the defendant about the law relating to roadside tests. In addition, he never stumbled and actually appeared sober. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 12, 2022 Case: 21-CT-0111727 Judge Dominguez for Oster

The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but they noticed glossy eyes, and lethargic behavior. She was sweating profusely and was unsteady. Believing she was impaired by drugs, she then performed roadside tests. She performed poorly on tape and was arrested for DUI. She later refused a urine test.

For the State to prove a DUI under 316.193 (DUI Statute), the defendant must be impaired by alcohol and/or a specific chemical and/or controlled substance. Here, they could not prove that she was impaired by any specific substance.
The DUI was dismissed.
Jan 11, 2022 Case: ADW4LOE Judge Croff
The defendant was stopped for cutting in between cars and driving too closely. The defendant had an odor of alcohol, slurred speech, and bloodshot/watery eyes. She also had a blank stare, stated she had consumed martinis and beer, and slightly staggered. After performing various field sobriety tests, she was arrested for DUI. She later blew a .122 and a .117.
Issues were raised by the defense as to the lawfulness of the traffic stop.
The State dropped the DUI.
Jan 11, 2022 Case: AE8M1VE Judge Lawhorne
The defendant was stopped for weaving and stopping over the stop bar. Officers observed an odor of alcohol, slurred speech, and slow reactions to answering the officer's questions. He also had bloodshot eyes. After performing the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. The defendant blew numerous times into the machine all resulting in invalid samples. The invalid samples called VNM (volume not met) were .143, .108, .130, and .103. Since he could not provide two valid samples, the police wrote it up as a refusal.
According to the police reports provided in discovery by the State, all the defendant's roadside tests were videotaped. However, that tape was never turned over to the state by the police. In order to avoid the defense from filing a motion to dismiss the case for destruction of evidence, the State Dropped the DUI.
The State dropped the DUI.
Jan 11, 2022 Case: AEBM9OE Judge Lawhorne
The defendant was stopped for driving without headlights or taillights. Once stopped, the officer noticed the defendant to have an odor of alcohol, a flushed face, and he was sweating. The defendant appeared confused and had difficulty following directions. The defendant agreed to perform the HGN (eye test) and then refused to perform anymore exercises. He was then arrested for DUI and later refused the breath test.
Based on the written report and video tape evidence provided by the State in discovery, the defense raised issues as to the lack of probable cause to arrest the defendant.
The State dropped the DUI.
Jan 11, 2022 Case: AE8M8EE Judge Lawhorne
An individual working at a bar where the defendant was drinking stated she appeard intoxicated and attempted to get her an Uber. The defendant refused and drove off. Officers spotted the defendant driving and stopped her. They noticed an odor of alcohol, and glassy/watery eyes. After going back and forth with the officers, she performed field sobriety tests. She did not perform to their satisfaction and was arrested for DUI. She later refused the breath test.
The initial call leading to the traffic stop was vague and only had a conclusory statement that the defendant appeared intoxicated. Without more details, the stop was not corroborated and unlawful.
The State dropped the DUI.
Jan 11, 2022 Case: A6MGQIE Judge Lawhorne
The defendant was stopped for speeding. When the defendant rolled the window down, a large plume of marijuana smoke appeared. This made it difficult for the officer to see inside. The defendant appeared drowsy, disoriented, and stated he was "hot boxing." The defendant performed various field sobriety tests and was arrested for DUI. He the provided a urine sample which was sent to the lab. It tested positive for THC (marijuana).
There were numerous pretrial discussions with the state. Eventually the defense was able to convince the State to Drop the DUI.
The State dropped the DUI.
Jan 10, 2022 Case: 21-CT-007015 Judge Palomino for Oster
The defendant crashed her car into a concrete barrier. When officers arrived, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing roadside tests, she was arrested for DUI. She later blew a .195 and a .181 in the breath machine.
Parks & Braxton filed a motion to suppress the breath test results. In our motion we alleged that the officer misled the defendant into taking the breath test. Specifically, we put forth that the officer led her to believe she could get a hardship license if she blew, versus, she could not if she refused. Thus, the officer went outside Implied Consent by discussing hardships. On the day of the motion, the State Dropped the DUI.
The State dropped the DUI.
Jan 6, 2022 Case: 21-CM-7566 Judge Conrad
The defendant was driving his boat when it was boarded for a safety check. Officers observed an open container of alcohol at the helm. The defendant had an odor of alcohol, watery eyes, and slurred speech. The defendant fumbled around and had problems using his fingertips. He then performed various field sobriety exercises used in boating under the influence cases such as the HGN (eye test), finger to nose, palm pat, and hand coordination test. He was then arrested for BUI.
When the firm got the video (body worn camera) from the officer, it was missing all the field sobriety tests. The State, nor the police, could ever produce that evidence.
The Boating under the Influence charge was Dismissed by the State.
Jan 6, 2022 Case: 21-CM-006482 Judge Conrad
The defendant was stopped after driving westbound in the eastbound lane. Officers observed her to have an odor of alcohol, bloodshot eyes, and a blank/dazed stare. She had poor coordination, cyclical mood behavior, and she admitted to having drank alcohol. She then performed various roadside tests and was arrested for DUI. She resisted arrested by pulling away, stiffening her arms, and refusing to place her arms behind her back. She was also charged with resisting arrest. She later refused the breath test.
Every observation the officer wrote was either false or overly exaggerated. The DUI video completely contradicted everything that was on paper. In fact, the defendant actually performed very well on the tests.
The State Dropped the DUI and Dismissed the resisting charge.
Jan 6, 2022 Case: 21-MM-001545 Judge Wansboro
The defendant was the at fault driver in a crash whereby she backed into another car. Officers observed her to appear dazed, she had very slurred speech, and she could not comprehend commands. She threatened the officer by telling her she was going to kill her. Her speech became more incomprehensible as time went on. She was then asked to perform field sobriety tests. During the exercises, she started doing yoga and gymnast moves. She was then arrested for DUI and threatening a cop. She was also charged with criminal mischief for destroying the officers back seat camera. She later refused a breath and a urine test.
To prove DUI, the State must prove that the defendant was impaired by alcohol and/or a specific chemical and/or controlled substance. Although, the defendant was clearly impaired, the State could not prove why what specifically.
The State Dropped the DUI and the defendant was also not convicted on the other crimes.
Jan 5, 2022 Case: 21-CT-003471 Judge Taylor
The defendant was stopped for speeding and weaving. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. He was belligerent, argumentative, and he swayed. After performing various filed sobriety tests, he was arrested for DUI. He later blew a .130 and a .132 in the breath machine.
After numerous conversations with the prosecutor about various issues and discrepancies in discovery uncovered by the defense, the State Dropped the DUI.
The State dropped the DUI.
Jan 5, 2022 Case: 21-CT-037722 Judge T. Brown
The defendant was stopped for speeding and crossing over the fog line three times. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and she was emotional. She was asked to perform roadside tests to which she complied. She was then arrested for DUI and she later blew a .209 and a .204 in the breath machine.
Due to a lack of reasonable suspicion to conduct a DUI investigation, simply based on odor and bloodshot eyes, the State Dropped the DUI.
The State dropped the DUI.
Jan 5, 2022 Case: 21-CT-030819 Judge T. Brown
The defendant was stopped after callers dialed 911 stating that the defendant was driving out of control and recklessly. When officers spotted her, they saw her swerving and striking the curb. She did not stop upon the officers using their lights and sirens. When contact was made, the defendant was incoherent and almost fell. Believing that she was impaired by drugs, she was asked to perform roadside tests to which she couldn't do. It was also determined that she had left the scene of an accident. She was arrested for DUI and leaving the scene of an accident. She later provided a urine sample which was positive for marijuana.
The defendant admitted to having taken Ambien ten minutes before driving. The officers did not find nor smell any marijuana. The marijuana could have been in her system for 30 days. The lab didn't test for the Ambien for some unknown reason. Thus, the State couldn't prove by what specific chemical and/or controlled substance was impairing her as required by the DUI statute 316.193. The State Dropped the DUI and dismissed the Leaving the scene charge.
The State dropped the DUI.
Jan 4, 2022 Case: 21-CT-010333 Judge Palomino for Oster
The defendant was found passed out in his car. Upon awakening the defendant, the officer noticed an odor of alcohol, droopy eyes, slurred speech, and he admitted to consuming alcohol. He was also unsteady and had a bracelet from a bar. After performing field sobriety tests, he was arrested for DUI. He later blew a .158 and a .153 in the breath machine.
The State could not prove that the defendant was in actual physical control because he had no capability to operate the car while sleeping.
The State dropped the DUI.
Dec 16, 2021 Case: 21-CT-041687 Judge Peacock
The defendant was stopped for weaving and having no taillights. Once stopped, the officer noticed an odor of alcohol, watery eyes, and he stated that he had consumed a few drinks. He swayed while he stood and also vomited. After performing roadside tests, he was arrested for DUI. He later refused a breath test.
Due to various contradictions between the video and the written reports pointed out by the firm, the State Dropped the DUI.
The State dropped the DUI.
Dec 14, 2021 Case: 21-CT-013583 Judge Damico
The defendant was stopped for driving too fast for conditions. The officer noticed an odor of alcohol, glossy eyes, and a distant stare. The defendant's speech was slow and deliberate, and he had difficulty balancing himself. The defendant then performed various roadside tasks such and the finger to nose, alphabet, and walk and turn . He was then arrested for DUI and later refused the breath test.
Issues were raised as to the lawfulness of the traffic stop due to the fact that the officer allegedly only visually estimated the defendant's speed and the "conditions" were not articulated in any detail.
The State dropped the DUI.
Dec 10, 2021 Case: 21-CT-036776 Judge Garagozlo
The defendant was stopped for speeding. The officer noticed an odor of alcohol, glossy/bloodshot eyes, and he stated he had consumed 3 crown and cokes. He also swayed while he stood, had mumbled speech, and appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .146 and a .143 in the breath machine.
Due to inconsistencies between the police reports and the video tape that were pointed out by the firm to the State, the State Dropped the DUI.
The State dropped the DUI.
Dec 8, 2021 Case: 21-CT-5854 Judge Jewett
The defendant was involved in a traffic crash whereby she was the at fault driver. The defendant was taken to the hospital where she was met by officers. They observed an odor of alcohol and bloodshot eyes. The defendant was in and out of consciousness. She was asked to provide a blood sample and she refused. She was subsequently arrested for DUI.
There as a lack of probable cause to arrest her due to the officer being unable to communicate with her at the hospital due to her medical condition.
The State Dropped the DUI.
Dec 7, 2021 Case: 21-CT-000257 Judge Gutman
The defendant was involved in a traffic crash. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. While detained, he fell asleep. He was arrested for DUI because roadsides were not conducted for safety reasons. Believing he was impaired by drugs along with alcohol, a DRE (drug recognition exam) was conducted and a urine test was requested. He later tested positive at FDLE for Methamphetamines, benzos and marijuana. This was the defendant's Second DUI. He was also charged with leaving the scene of an accident.
Prior to trial, the defense pointed out to the State that the DRE was wrong. The officer called CNS depressants which has the opposite effect of a CNS simulant (methamphetamines). Also, the officers stated they smelled alcohol, but none was detected in his system. Their credibility was called into question. The State Dropped the defendant's Second DUI. The leaving the scene charge was Dismissed.

The State dropped the DUI.

Dec 7, 2021 Case: 21-CT-005079 Judge Gutman
The defendant was the at fault driver in a traffic crash. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant actually hit another car but thought he hit a guardrail. After performing roadside tests, he was arrested for DUI. He later refused a breath test. This was his Second DUI.
The officer administering the roadside tests was reading the instructions off a card. This made following instructions very difficult. Based on the video, we also pointed out that he performed better than the officer wrote in his report. The State Dropped the defendant's Second DUI days before trial.
The State dropped the DUI.
Dec 7, 2021 Case: 21-CT-000087 Judge Gutman
The defendant was found passed out in his car and slumped over the wheel. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The firm pointed out that the defendant could not be in actual physical control as he had no "capability" to operate the vehicle while asleep.
The State dropped the DUI.
Dec 7, 2021 Case: 21-CT-008306 Judge Jeske
The defendant was stopped for weaving and cutting off another car. The officer noticed an odor of alcohol and requested that she perform field sobriety tests. She then performed the HGN (eye test), walk and turn, and one leg stand. She was then arrested for DUI and later refused the breath test.
An odor of alcohol alone is not enough to give an officer reasonable suspicion of a crime (ie. DUI) to lawfully request roadside tests. Thus, there was a high likelihood that the field sobriety tests would have been excluded from evidence.
The State dropped the DUI.
Dec 7, 2021 Case: AEBLREE Judge Bedinghaus
The defendant was stopped for driving down the wrong lane, by driving westbound in the eastbound lane. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also gave the officer his debit card instead of his driver’s license. The defendant also appeared to stumble and he stated he had drank two beers. He then performed various roadside tests and was arrested for DUI. He later blew a 144 and a .143 in the breath machine.
The video of the defendant at the scene clearly contradicted many of the officer’s written observations which were highly exaggerated.
The State Dropped the DUI.
Dec 7, 2021 Case: AEBM7KE Judge Bedinghaus
The defendant was involved in a traffic crash with a police vehicle. Officers observed the defendant to have an odor of alcohol and bloodshot/watery eyes. He then performed various roadside tests and was arrested for DUI. He later blew a .119 and a .118 in the breath machine.
Issues were raised by the firm as to who was actually at fault in the crash. In addition, the defendant sustained head injuries when he fell off his motorcycle. This caused doubt as to whether impairment was due to alcohol or the crash itself.
The State Dropped the DUI.
Dec 1, 2021 Case: 21-CT-003360 Judge Grode
The defendant was stopped for driving with his high beams on. Officers noticed an odor of alcohol, slurred speech, and he needed to use his car for support. He also appeared dazed and confused. He then performed poorly on roadside tests and was arrested for DUI.
There was no video or body worn camera. Since the roadsides were vaguely described, the state Dropped the DUI.
The State dropped the DUI.
Nov 9, 2021 Case: 21-CM-002502 Judge Gutman
The defendant was found passed out in his car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. While outside the car, he swayed back and forth. After performing only the HGN (eye test), he was arrested for DUI. He later refused a breath test. After arrest, the officers found drug paraphernalia and he was charged with that as well.
To be in actual physical control, a defendant must have the "capability" to operate a motor vehicle. Here, the defendant was sleeping, so he had no capability to operate the car. The State Dropped the DUI and dismissed the possession charge.
The State dropped the DUI.
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