Our Recent Victories

Jun 15, 2022 Case: Komninos Judge AEBMOME

Facts:

The defendant was stopped for not having his tag fastened on his car. The defendant had an odor of alcohol and admitted to having drank at least 3 beers. The officer also observed bloodshot eyes, slurred speech and he swayed while he stood. He then performed various roadside tests. He was then arrested for DUI and later refused the breath test.

Defense:

May observations in the police reports were contradicted by the video tape.

Result:

The State dropped the DUI.

Jun 15, 2022 Case: AEBMPIE Judge Komninos

Facts:

The defendant was stopped for speeding and cutting off an officer. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed. After refusing to perform various roadside tests, he was arrested for DUI. He later refused the breath test.

Defense:

On video, the defendant was trying to ask the officer questions about the DUI investigation. The officers can be seen and heard on tape telling him to shut up, shut his mouth, and stop with the monkey shit. This rudeness was pointed out to the State. The State then Dropped the DUI.

Result:

The State dropped the DUI.

Jun 15, 2022 Case: AEX8UDE Judge Komninos

Facts:

The defendant was stopped for swerving and weaving. The defendant also did not stop immediately even though there were places to pull over. The officer noticed an odor of alcohol, red/watery eyes, and slurred speech. She also appeared disoriented, confused, and unbalanced. After refusing field sobriety tests, she was arrested for DUI. She later refused the breath test.

Defense:

After several conversations with the State about the lack of evidence, such as no roadside tests and/or a breath test, the State Agreed to Drop the DUI.

Result:

The State dropped the DUI.

Jun 14, 2022 Case: 21-CT-014423 Judge Galen

Facts:

The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. The defendant stated that he was at a local bar and had 3 shots. When asked on a scale from 0-10 how he felt, he stated a "4". After performing various roadside tests he was arrested for DUI. He later blew a .130 and .127 in the breath machine.

Defense:

After several conversations with the prosecutor regarding the case, the State Dropped the DUI.

Result:

The State dropped the DUI.

Jun 10, 2022 Case: 21-CF-015800 Judge Goudie

Facts:

The defendant was stopped for weaving and almost hitting a police car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. He also appeared lethargic, his movements were slow, and he had a blank/dazed look. After refusing to perform roadside tests, he was arrested for DUI. This was his Second DUI. He was also charged with driving on a suspended license, second refusal, and possession of a controlled substance. He later refused to provide a breath sample.

Defense:

The firm showed proof that the drugs found were prescribed. The felony possession charge was Dismissed. After several negotiations with the State, they also Dropped the defendant's Second DUI and he received no further sanctions on DWLS and the refusal. In fact, the DWLS was amended to a No valid DL.

Result:

The State dropped the DUI.

Jun 9, 2022 Case: 22-CT-013251 Judge T. Brown

Facts:

The defendant crashed her car into a ditch and got stuck on rocks. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant gave confusing answers while speaking to police. She appeared very clumsy and exhibited mood swings. She started to perform the HGN (eye test), but did not finish it and refused to perform any further field sobriety tests. She was arrested for DUI and later refused the breath test.

Defense:

Under Florida law, a breath test can only be requested after the DUI arrest. Here, the officer asked the defendant for a breath test prior to arresting her. Thus, her refusal would have been excluded from evidence.

Result:

The State dropped the DUI.

Jun 9, 2022 Case: 22-CT-045327 Judge Jacobus

Facts:

The defendant was the at fault driver in a rear end crash. Officers did not smell an odor of alcohol, however, they noticed him to be swaying, have watery/red eyes, and his movements were slow. The defendant stated he had just taken Xanax. Believing he was impaired by drugs, he then performed field sobriety tests. He performed the HGN (eye test) and the walk and turn. He was then arrested for DUI and later refused to provide a urine test.

Defense:

On video, the officer did not read the defendant his Miranda rights. Thus, the defendant's statement about taking Xanax would have been excluded from evidence as a violation of the accident report privilege. Also, when the officer read the defendant implied consent prior to requesting urine, he explained the wrong penalties for refusing. Thus, the refusal would have been excluded as well. With the Xanax statement out and the refusal out, the State dropped the DUI to a civil careless driving.

Result:

The State dropped the DUI.

Jun 9, 2022 Case: 22-CT-000989 Judge Taylor

Facts:

The defendant was stopped for weaving and interfering with traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also appeared very unsteady on her feet. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test.

Defense:

Many written observations were contradicted by the video tape.

Result:

The State dropped the DUI.

Jun 9, 2022 Case: 22-CT-000676 Judge Taylor

Facts:

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and water/glassy eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .20 and .19 in the breath machine.

Defense:

After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.

Result:

The State dropped the DUI.

Jun 8, 2022 Case: 22-CT-000068 Judge Farr

Facts:

The defendant was stopped for speeding and driving with no lights. The officer noticed an odor of alcohol, glassy eyes, and he appeared lethargic. After performing various roadside tests, he was arrested for DUI. He later blew a .099 and .102 in the breath machine.

Defense:

Under the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath results under the legal limit.

Result:

The State dropped the DUI.

Jun 8, 2022 Case: 21-CM-011119 Judge Farr

Facts:

The defendant was involved in a crash. Officers noticed an odor of alcohol, water/bloodshot eyes, and slurred speech. She also was unsteady and had dilated pupils. She only performed HGN (eye test) then refused to perform any others. While being arrested, she attempted to avoid being handcuffed and was also charged with resisting an officer without violence. She later refused the breath test.

Defense:

The firm pointed out that the defendant was not the at fault driver in the crash. In addition, on tape her speech was not slurred and she was not unsteady.

Result:

The State Dropped the DUI and the Resisting charge was Dismissed.

Jun 8, 2022 Case: 22-CT-000813 Judge Dekleva

Facts:

The defendant was the at fault driver in a rear end crash. The defendant had been transported to the hospital prior to the officer arriving on scene. The officer made contact with the defendant at the hospital and noticed an odor of alcohol, red/glossy eyes, and slurred speech. The defendant stated that he was driving fast and couldn't stop in time. The officer then attempted to have the defendant perform roadside tests in the hospital parking lot. He refused after a lengthy conversation back and forth. He was then arrested for DUI and later blew a .100 and .102 in the breath machine.

Defense:

The firm convinced the State that breath test was unreliable due to it being administered over five hours later. There was no way to scientifically show if the defendant was absorbing or eliminating alcohol. Also, we put forth that it is ridiculous that an officer would try to administer roadside tests after someone was just released from the hospital after a crash.

Result:

The State dropped the DUI.

Jun 6, 2022 Case: 21-CT-504371 Judge Hayward

Facts:

The defendant was the at fault driver in a sideswipe crash. He swerved into another lane and hit the other driver’s side fender. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and he lost his balance. He then refused to perform roadside tests and was arrested for DUI. He later refused the breath test.

Defense:

When a defendant refuses to perform roadside tests, the officer must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences.

Result:

The State dropped the DUI.

Jun 6, 2022 Case: 22-CT-500398 Judge Paluck

Facts:

The defendant was found passed out in his car with the driver's door open in a 7-11 parking lot. A witness called police that the defendant was urinating on the side of the building. It took a while for police to wake him up after numerous nudgings and verbal commands. The keys were in his front pocket and he had stated he had drank 4 or 5 drinks at a bar. Officers observed an odor of alcohol, slurred speech, and glossy eyes. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. He later blew a .158 and .152 in the breath machine.

Defense:

The defendant was not in actual physical control as he had no "capability" to operate the car while he was sleeping, none the less with the driver's door open.

Result:

The State dropped the DUI.

Jun 2, 2022 Case: 20-CT-503366 Judge Hayward

Facts:

The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. He admitted to drinking alcohol and his appearance was sluggish. He then performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.

Defense:

The video contradicted almost every observation written in the police reports. His speech was not slurred or mumbled, and he did not appear sluggish on tape. His field sobriety test performance was much better on tape than as described by the exaggerated reports.

Result:

The State dropped the DUI.

Jun 2, 2022 Case: 19-CT-504590 Judge Hayward

Facts:

The defendant was stopped after making an illegal U-turn. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The officer also saw an empty bottle of Corona beer in the car as well. He then performed various roadside tests such as the HGN, walk and turn, and the one leg stand. He was then arrested for DUI and later refused the breath test.

Defense:

There was no video in the case and the police reports were very vague.

Result:

The State dropped the DUI.

Jun 1, 2022 Case: 21-CT-008878 Judge Jeske

Facts:

The defendant was stopped for driving westbound in the eastbound lane. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She then performed various field sobriety tests and was arrested for DUI. She later blew a .134 and .125 in the bath machine.

Defense:

Just prior to trial, the defense pointed out various inconsistencies in the police reports versus the video tape.

Result:

The State dropped the DUI.

Jun 1, 2022 Case: 21-CT-014050 Judge Jeske

Facts:

The defendant was stopped for weaving, speeding up, and then slowing down for no apparent reason. The Officer observed an odor of alcohol, watery eyes, and he admitted to having drank two beers. He also had a continuous sway while standing. After performing roadside tests, he was arrested for DUI. After being arrested, he blew a .158 and .146 in the breath machine.

Defense:

After several conversations with the prosecutor just prior to trial, the State Dropped the DUI.

Result:

The State dropped the DUI.

Jun 1, 2022 Case: 21-CT-015413 Judge Jeske

Facts:

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot/water eyes. He also appeared to have unstable balance. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .160 and .163 in the breath machine.

Defense:

Prior to trial, after several negotiations between the State and the firm, the State Dropped the DUI.

Result:

The State dropped the DUI.

May 31, 2022 Case: 21-CT-002957 Judge Wansboro

Facts:

The defendant was stopped after he drove off the road into shrubbery. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had an orbital body sway. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .146 and a .146 in the breath machine.

Defense:

After negotiations with the State regarding the evidence, the State Dropped the DUI.

Result:

The State dropped the DUI.

May 25, 2022 Case: AEBMMME Judge Hessinger

Facts:

The defendant was stopped after a BOLO went out about the defendant's erratic driving called in by a civilian. When the officer spotted the defendant, he also observed the defendant weaving. After the traffic stop, the officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared unsteady. He also had dilated pupils and appeared to be moon walking when he was walking around. He then performed various roadside tests such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused the breath test.

Defense:

After several pretrial negotiations with the State about the evidence and the defendant himself, they Dropped the DUI.

Result:

The State dropped the DUI.

May 17, 2022 Case: 21-CT-013451 Judge Jeske

Facts:

The defendant was stopped for sitting through several light cycles. When officers approached him, they observed an odor of alcohol, slurred speech, and bloodshot eyes. He was also very unsteady on his feet. After performing poorly on roadside tests , he was arrested for DUI. He later refused the breath test.

Defense:

After several negotiations with the State about the vagueness of the officer's reports, they Dropped the DUI.

Result:

The State dropped the DUI.

May 17, 2022 Case: 21-CT-010090 Judge Jeske

Facts:

The defendant was stopped for speeding, for driving 90 mph in a 45mph zone. The officer observed an odor of alcohol, slow/slurred speech, and glassy eyes. The defendant stated she had drank two long island iced teas. After refusing to perform roadside tests, she was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest.

Defense:

If a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. Here the officer did not follow the law and arrested her immediately upon her refusal. Thus, the defendant's refusal would have been excluded from evidence. In addition, on tape, her speech was not slurred. The State Dropped the defendant's Second DUI.

Result:

The State dropped the DUI.

May 16, 2022 Case: 20-006408MU10A Judge Lerner-Wren

Facts:

The defendant was observed passed out in his vehicle with the engine running at the entrance to his security gate. The officer woke the defendant up and observed a strong odor of alcohol, bloodshot watery eyes, as well as slurred speech. When asked if he knew where he was, the defendant gave the name of a completely different city. The defendant performed poorly on a series of field sobriety exercises and was arrested for DUI. He subsequently refused to submit to a breath test. This was the defendant's second DUI.

Defense:

Counsel took the deposition of the arresting officer. In an effort to answer specific questions about the incident, the officer's recollection was extremely poor. Parks & Braxton filed a motion to suppress the evidence as a result of no probable cause to make a lawful arrest. At the hearing, the officer's testimony was inconsistent with his reports. As a result, the Judge granted the motion to suppress.

Result:

The DUI was dismissed.

May 11, 2022 Case: 21-CM-010932 Judge Farr

Facts:

The defendant was detained by police when the police boarded his boat for a safety inspection as he pulled up to the dock. They noticed an odor of alcohol, unsteadiness, slurred speech, and bloodshot eyes. When asked to perform roadside tests, he became very combative and refused. He was then arrested for boating under the influence (BUI). He later refused the breath test.

Defense:

The firm announced ready for trial. Prior to trial, we had the State watch the video. There was no probable cause to arrest him for BUI and it was obvious they were just arresting him because he was being combative and argumentative while proclaiming his innocence.

Result:

The State Dropped the BUI and he received no conviction and no penalties.

May 10, 2022 Case: 22-CT-000571 Judge Woodard

Facts:

The defendant was stopped for weaving. He is alleged to have left his lane multiple times and also followed another car too closely. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had consumed 2 alcoholic beverages. He then performed various roadsides such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused the breath test.

Defense:

The defendant told the officer he had various medical issues prior the roadside tests, yet the officer still did the physical exercises with him. This was brought to the attention of the State and after a review of the facts, they Dropped the DUI.

Result:

The State dropped the DUI.

May 9, 2022 Case: 21-CT-013106 Judge Oster

Facts:

The defendant was found passed out in his vehicle in someone's driveway. The homeowner called the police about a suspicious vehicle in their driveway. Officers found the defendant passed out in his truck with the engine running. They noticed the defendant to have an odor alcohol, slurred speech, and blood shot eyes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .150 and .135 in the breath machine.

Defense:

When the defendant blew into the machine three other times prior the police obtaining the above results, there was a problem with the machine as it kept purging. Also, one of the control tests was out of range. The control test is supposed to be between .075 and .085, however, on one of his blows it was .074 (out of range). Due to problematic issues with the machine, the State Dropped the DUI.

Result:

The State dropped the DUI.

May 9, 2022 Case: 21-CT-012921 Judge Oster

Facts:

The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, bloodshot eyes, and she appeared unsteady. A bottle of Corona with a lime was found inside the car. After performing field sobriety tests, she was arrested for DUI. She later refused the breath test.

Defense:

After numerous conversations with the prosecutor about the defendant and evidence, the State Dropped the DUI.

Result:

The State dropped the DUI.

May 3, 2022 Case: 21-002891MU10A Judge Mollica

Facts:

The defendant was found passed out behind the wheel blocking an exit lane to a parking lot. Officers noticed an odor of alcohol, mumbled speech, and a fatigued look on his face. He also had glassy eyes and he appeared unsteady. The defendant was nonresponsive to the officer’s questions. The officer found a bottle of Patron tequila on the passenger seat. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test.

Defense:

Parks & Braxton announced ready for trial. After several conversations about the evidence with the prosecutor, the State Dropped the DUI on the day of trial.

Result:

The State dropped the DUI.

Apr 26, 2022 Case: 21-CT-502840 Judge Gagliardi

Facts:

The defendant was stopped after a motorist told officers that the defendant was driving all over the road. The officer located the defendant's car and noticed heavy front-end damage to the passenger side. A traffic stop was conducted. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he appeared disoriented. The defendant was unsteady, wobbling, and catching his feet. The defendant was apologetic and stated that he was really drunk. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.

Defense:

Parks & Braxton filed a pretrial motion to suppress the field sobriety tests. In our motion, we alleged that the officer misinformed the defendant of the law by telling him he would lose his driver's license if he didn't perform them. He also pointed to the bottom of his driver's license which states once consents to any sobriety test required by law. However, one's license can only be suspend if they don't comply with a breath, blood, or urine test as that is what is required by law, and not field sobriety tests. The Judge Granted the motion and threw out all of the roadsides from evidence. The firm later announced ready for trial and the State then Dropped the defendant's Second DUI.

Result:

The State dropped the DUI.

Apr 22, 2022 Case: 22-CT-000975 Judge Silver

Facts:

The defendant was stopped for failing to maintain a single lane and almost causing a collision with a police officer. Once stopped, the officer observed an odor of alcohol, droopy eyes, and a glassy stare. His speech was slurred and slow. He also staggered, swayed, and had bloodshot eyes. He then performed various roadside tasks and was arrested for DUI. He later blew a .151 and .150 in the breath machine.

Defense:

After several pretrial negotiations about the defendant himself and the evidence, the State Dropped the DUI and he received no criminal conviction.

Result:

The State dropped the DUI.

Apr 22, 2022 Case: 22-CT-001134 Judge Silver

Facts:

The defendant was the at fault driver in a rear end crash. Officers observed the defendant to have an odor of alcohol, glossy/watery eyes, and unstable balance. The defendant admitted to having drank 3 shots of Jack Fire. Her movements were also slow and uncoordinated. She performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.

Defense:

The officer’s written reports exaggerated the defendant's level of impairment as to all physical observations and the roadside tests as well.

Result:

The State dropped the DUI.

Apr 22, 2022 Case: 21-CT-019674 Judge Bonavita

Facts:

The defendant crashed her car into the side of a building. When officers arrived, they noticed the defendant to have an odor of alcohol, droopy eyelids, and sluggish behavior. She had vomit on her clothes, was uncoordinated, and appeared clumsy. She performed very poorly on roadside tests and was arrested for DUI. She later blew a .182 and .172 in the breath machine.

Defense:

After several conversations with the State about the case, the State Dropped the DUI.

Result:

The State dropped the DUI.

Apr 21, 2022 Case: ADW4Q2E Judge Croff

Facts:

The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, slurred/mumbled speech, and red/watery eyes. She then performed various field sobriety tests and was arrested for DUI. She later blew a .121 and .110 in the breath machine.

Defense:

After several discussions with the prosecutor about the evidence, the State Dropped the DUI and the defendant received no conviction on her record.

Result:

The State dropped the DUI.

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

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 21, 2022 Case: 21-CT-020114 Judge Moses-Stephens

Facts:

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.

Defense:

After several negotiations with the State regarding the defendant himself and the evidence, they Dropped the DUI and he received no conviction.

Result:

The State dropped the DUI.

Apr 19, 2022 Case: 21-CT-000592 Judge Nicola

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 19, 2022 Case: 21-CT-012838 Judge Jeske

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 19, 2022 Case: 21-CT-005297 Judge Farr

Facts:

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.

Defense:

The State could not prove that the drugs impaired him that day as they could have been in his system for days.

Result:

The State dropped the DUI.

Apr 19, 2022 Case: 21-CT-014712 Judge Jeske

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 19, 2022 Case: 21-CT-001005 Judge Burns

Facts:

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.

Defense:

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.

Result:

The State Dropped the Defendant's Third DUI.

Apr 19, 2022 Case: 21-CT-000592 Judge Nicola

Facts:

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.

Defense:

Result:

The State dropped the DUI.

Apr 18, 2022 Case: 21-MM-000749 Judge Wallace

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 14, 2022 Case: 22-CT-000714 Judge Booras

Facts:

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.

Defense:

After many negotiations with the prosecutor about the evidence, the State Dropped the DUI.

Result:

The State dropped the DUI.

Apr 14, 2022 Case: 22-CT-000002 Judge Damico

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 13, 2022 Case: 21-CM-009488 Judge Taylor

Facts:

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.

Defense:

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.

Result:

The State dropped the BUI.

Apr 12, 2022 Case: 21-CT-011754 Judge Oster

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 12, 2022 Case: 21-CT-010991 Judge Oster

Facts:

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.

Defense:

The defendant's performance on the roadside tests as written by the officer was contradicted by the video tape.

Result:

The State dropped the DUI.

Apr 12, 2022 Case: 21-CT-002939AX Judge J. Steele

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 12, 2022 Case: 19-007943MU10A Judge Brown

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 11, 2022 Case: 21-CT-008106 Judge Bigney

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 7, 2022 Case: 21-CT-020277 Judge Zuckerman

Facts:

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.

Defense:

After several conversations with the prosecutor about the evidence, the State Dropped the DUI.

Result:

The State dropped the DUI.

Apr 5, 2022 Case: 21-CT-012354 Judge Oster

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Apr 5, 2022 Case: 21-CT-011175 Judge Oster

Facts:

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.

Defense:

After several conversations with the State regarding various issues in the discovery, the State Dropped the DUI.

Result:

The State dropped the DUI.

Apr 1, 2022 Case: 21-CT-053341 Judge Silverman

Facts:

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.

Defense:

After several talks with the prosecutor about the evidence, the State Dropped the DUI.

Result:

The State dropped the DUI.

Mar 29, 2022 Case: ADW4OEE Judge Croff

Facts:

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.

Defense:

Many observations that the officer wrote in his reports, such as slurred speech and balance issues, were refuted by the video tape.

Result:

The State dropped the DUI.

Mar 29, 2022 Case: AENLH3E Judge Lawhorne

Facts:

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.

Defense:

After several negotiations and discussions with the State regarding the evidence, the State Dropped the DUI.

Result:

The State dropped the DUI.

Mar 25, 2022 Case: 21-CT-050603 Judge Garagozlo

Facts:

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.

Defense:

The defendant performed the field sobriety tests much better on tape than as described. After negotiations, the State Dropped the DUI.

Result:

The State dropped the DUI.

Mar 25, 2022 Case: 21-CT-052648 Judge Peacock

Facts:

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.

Defense:

After several conversations with the prosecutor, the State Dropped the DUI.

Result:

The State dropped the DUI.

Mar 25, 2022 Case: 21-CT-020159 Judge Peacock

Facts:

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.

Defense:

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.

Result:

The State Dropped the defendant's Second DUI.

Mar 25, 2022 Case: 21-CT-050654 Judge Garagozlo

Facts:

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.

Defense:

Issues were raised as to the lawfulness of traffic stop. The description of the driving pattern was very vague.

Result:

The State dropped the DUI.

Mar 24, 2022 Case: 21-CT-013582 Judge T. Brown

Facts:

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.

Defense:

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.

Result:

The State Dropped the defendant's Second DUI.

Mar 22, 2022 Case: 21-CT-502310 Judge Swett

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Mar 21, 2022 Case: 21-MM-003709 Judge D. Roberts

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Mar 21, 2022 Case: 21-CT-002506 Judge D. Roberts

Facts:

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.

Defense:

The firm raised issues that the stop by the civilians was unlawful due to an illegal citizen's arrest.

Result:

The State dropped the DUI.

Mar 15, 2022 Case: 21-CT-009500 Judge Oster

Facts:

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.

Defense:

The facts and circumstances surrounding the traffic stop were vague and lacked specificity. Thus, we called into question the lawfulness of the traffic stop.

Result:

The State dropped the DUI.

Mar 15, 2022 Case: 21-CT-005909 Judge Oster

Facts:

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.

Defense:

Many observations on the report were contradicted the video tape.

Result:

The State dropped the DUI.

Mar 15, 2022 Case: 21-CT-003395 Judge Oster

Facts:

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.

Defense:

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.

Result:

The DUI was dismissed.

Mar 11, 2022 Case: 21-CT-018370 Judge Bonavita

Facts:

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.

Defense:

After several negotiations with the State about numerous issues in the discovery, the State Dropped the DUI.

Result:

The State dropped the DUI.

Mar 9, 2022 Case: AEBM3HE Judge Komninos

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Mar 9, 2022 Case: AEBMBZE Judge Komninos

Facts:

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.

Defense:

There were several inconsistencies in the discovery. After discussion with the prosecutor, the State Dropped the DUI.

Result:

The State dropped the DUI.

Mar 8, 2022 Case: 21-CT-007779 Judge Conrad

Facts:

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.

Defense:

After several negotiations with the State and pointing out various contradictions between the reports and the video, the State Dropped the DUI.

Result:

The State dropped the DUI.

Mar 2, 2022 Case: 21-CT-010707 Judge Jeske

Facts:

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.

Defense:

Due to a lack of an accident investigation, the firm was able to convince the State to Drop the DUI.

Result:

The State dropped the DUI.

Mar 2, 2022 Case: 21-CT-003009 Judge Jeske

Facts:

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.

Defense:

After pointing out inconsistencies in the discovery, both in the reports and video, the State Dropped the DUI.

Result:

The State dropped the DUI.

Mar 1, 2022 Case: 21-CT-011176 Judge Conrad

Facts:

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.

Defense:

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.

Result:

The State Dropped the DUI and the firm beat his Second case as well.

Feb 22, 2022 Case: 21-CT-502851 Judge Gagliardi

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Feb 17, 2022 Case: 21-CT-013649 Judge Moses-Stephens

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Feb 17, 2022 Case: A7638UE Judge Cuervo

Facts:

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.

Defense:

Issues were raised by the firm about the lawfulness of the traffic stop.

Result:

The State dropped the DUI.

Feb 16, 2022 Case: AE62STE Judge Komninos

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Feb 14, 2022 Case: 21-CT-011401 Judge Hanser

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Feb 8, 2022 Case: 21-CT-502985 Judge Swett

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Feb 2, 2022 Case: 20-CT-007817 Judge Jeske

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Feb 2, 2022 Case: 20-CT-006706 Judge Jeske

Facts:

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.

Defense:

On tape, the defendant felt scared like he was being profiled. Also, he didn't appear unsteady and his speech seemed normal.

Result:

The State dropped the DUI.

Feb 2, 2022 Case: 20-CT-001632 Judge Jeske

Facts:

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.

Defense:

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.

Result:

The State Dropped the DUI.

Feb 2, 2022 Case: 21-CT-005301 Judge Farr

Facts:

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.

Defense:

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.

Result:

The State Dropped the DUI.

Feb 2, 2022 Case: 21-CT-005299 Judge Farr

Facts:

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.

Defense:

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.

Result:

The State Dropped the DUI.

Feb 2, 2022 Case: 20-CT-007729 Judge Farr

Facts:

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.

Defense:

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.

Result:

The State Dropped the defendant's Second DUI.

Feb 2, 2022 Case: 21-CT-005715 Judge Farr

Facts:

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.

Defense:

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.

Result:

The State Dropped the DUI.

Feb 2, 2022 Case: 21-CT-007620 Judge Farr

Facts:

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.

Defense:

After several negotiations with the State discussing various inconsistencies in the evidence, the State Dropped the DUI.

Result:

The State dropped the DUI.

Feb 2, 2022 Case: 21-CM-004471 Judge Taylor

Facts:

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.

Defense:

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.

Result:

The State Dropped the DUI.

Feb 1, 2022 Case: 21-CT-010337 Judge Conrad

Facts:

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.

Defense:

After viewing the video tape of the defendant's roadsides, there were many inconsistencies between the reports and the video.

Result:

The State dropped the DUI.

Feb 1, 2022 Case: 21-CT-013118 Judge Conrad

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Feb 1, 2022 Case: 21-Ct-011194 Judge Conrad

Facts:

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.

Defense:

After several rounds of talks with the prosecutor, the firm was able to get the State to Drop the DUI.

Result:

The State dropped the DUI.

Feb 1, 2022 Case: 21-Ct-008607 Judge Conrad

Facts:

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.

Defense:

After the firm reviewed all the discovery, we pointed out various contradictions within the reports and also the reports compared to the video footage.

Result:

The State Dropped the defendant's Second DUI.

Jan 28, 2022 Case: 21-CT-037775 Judge Atkin

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

Jan 28, 2022 Case: 21-CT-047877 Judge Atkin

Facts:

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.

Defense:

After several conversations with the State about discrepancies between the written reports and the video, the State Dropped the DUI.

Result:

The State dropped the DUI.

Jan 28, 2022 Case: 21-CT-044261 Judge Atkin

Facts:

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.

Defense:

Due to a lack of corroboration of the driving pattern, the lawfulness of the traffic stop was called into question.

Result:

The State dropped the DUI.

Jan 26, 2022 Case: 21-CT-006796 Judge Allen

Facts:

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.

Defense:

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.

Result:

The DUI was dismissed.

Jan 25, 2022 Case: 21-CT-002328 Judge Conrad

Facts:

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).

Defense:

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.

Result:

The State dropped the DUI.

Jan 24, 2022 Case: 21-CT-001924 Judge Poblick

Facts:

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.

Defense:

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.

Result:

The State dropped the DUI.

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