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  • Mar 3, 2025 Case: 24-CT-055483 Judge Koenig
    Facts
    The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and his hands were shaking. The defendant exited the car slowly, swayed while standing, and he stated that he had consumed one beer. He performed the HGN (eye test), walk and turn, and one leg stand exorcises. He was arrested for DUI and later blew a .118 and .117 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 26, 2025 Case: 23-007747MU10A Judge Francois
    Facts
    The defendant was stopped for straddling lane markers on the highway. In addition, the defendant was clocked at 85mph in a 65mph zone. The defendant then slowed down in the far right lane to 10mph, eventually stopping in the right lane of traffic. Upon approaching the vehicle, the Trooper observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car, the officer observed extreme unsteadiness. The Trooper then asked the defendant to perform a series of field sobriety tests. The defendant responded by saying it was up to the Trooper. There was clearly a language barrier between the Trooper and the client. Since the defendant never answered with a clear yes or no answer the Trooper arrested him for DUI. The Trooper then asked for a breath and urine sample. The defendant responded by saying "whatever you want to do just do it." The Trooper took that as a refusal to submit to a breath test.
    Defense
    The evidence made clear that the defendant never specifically responded to the Trooper's requests. In addition, despite the heavy accent it was evident that there was a language barrier between the Trooper and the defendant. These specific issues were raised with the prosecutor. The defendant had his charges reduced to reckless driving with no conviction of any kind on his record.
    Result
    The State dropped the DUI to a reckless driving.
  • Feb 25, 2025 Case: 24-CT-016598 Judge Rich
    Facts
    The defendant was stopped for failing to maintain a single lane and also driving in the middle of two lanes for several blocks. Officers noticed an odor of alcohol, unsteady balance, and he admitted to having consumed several mixed drinks. He also had glassy eyes and slurred speech. He performed very poorly on the field sobriety tests and was arrested for DUI. He later blew a .182 and .180 in the breath machine.
    Defense

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

    Result
    The State dropped the DUI.
  • Feb 24, 2025 Case: 24-011987MU10A Judge Evans
    Facts
    The defendant was involved in a multiple car accident. Upon arrival, the officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway while she walked. Multiple witnesses identified the defendant as the driver involved in the accident. After the crash investigation, the defendant was informed that the officers were now conducting a DUI investigation. The defendant refused to participate in either field sobriety tests or a breath test. She was subsequently arrested for DUI Property Damage/Personal Injury. After arrest, the officers located 53 Lorazepam pills in the defendant's purse as well as well as a liquid THC Truelieve syringe.
    Defense

    Parks & Braxton filed a series of motions challenging the admissibility of the evidence. Specifically, the firm argued that both the field sobriety test request and subsequent refusal was unlawful. Next, the firm argued that the refusal to submit to a breath test was unlawful. The Court agreed, and excluded any mention that the defendant refused either a breath test or field sobriety tests. Lastly, Parks & Braxton filed a motion for Statement of Particulars. Specifically, the motion argued that the prosecutor needed to state with specificity what substance the defendant was allegedly impaired by. The prosecutor conceded the motion, and the defendant walked away with no criminal charges on her record.
    Result
    The DUI was dismissed.
  • Feb 20, 2025 Case: 24-CT-019480 Judge Damico
    Facts
    The defendant was found unconscious in his car at an intersection. When he regained consciousness, his car began to roll forward almost striking the officers. Officers got the vehicle to stop rolling and upon contact noticed an odor of alcohol, delayed speech, and bloodshot/glossy eyes. He then performed various field sobriety tests such as the finger to nose, count backwards, walk and turn, one leg stand, and the HGN (eye test). He was subsequently arrested for DUI and later blew a .106 and .104 in the breath machine.
    Defense

    After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 19, 2025 Case: 24-CT-041250 Judge Ingram
    Facts
    The defendant was stopped for speeding, swerving, and braking heavily. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a couple of drinks. He also appeared unsteady and walked slowly. After refusing to perform field sobriety tests, he was arrested for DUI. He later refused a breath test.
    Defense

    After conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI .
    Result
    The State dropped the DUI.
  • Feb 19, 2025 Case: 24-CT-045334 Judge Ingram
    Facts
    The defendant was stopped for swerving and striking the median wall of the highway. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant staggered, swayed, and had an uneven gait. The defendant also stated that he had consumed two drinks. He performed poorly on the walk and turn, one leg stand, and HGN (eye test) exercises and was arrested for DUI. He later refused a breath test.
    Defense
    After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 19, 2025 Case: 24-CT-051274 Judge Ingram
    Facts

    The defendant was stopped for weaving. The officer noticed an odor of alcohol, thick/slurred speech, a flushed face, and bloodshot eyes. The defendant stated he had drank two Long Island Iced Teas. He then performed the HGN (eye test), estimation of 30 seconds, walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .098 and .095 in the breath machine.
    Defense

    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 13, 2025 Case: 24-CT-014431 Judge Scott
    Facts
    The defendant was stopped for almost crashing into an officer by violating his right of way. Officers noticed an odor of alcohol, slurred speech, and a tired/lethargic balance. He also had poor balance and admitted to drinking beer. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .110 and .110 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 13, 2025 Case: 24-CT-012747 Judge Scott
    Facts
    The defendant was stopped for speeding (83mph in a 55mph zone). Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady and had fumbling fingers. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
    Defense
    The firm pointed out to the State prior to trial that the defendant was not unsteady and had no slurred speech on tape. After negotiations, the State Dropped her Second DUI.
    Result
    The State dropped the DUI.
  • Feb 13, 2025 Case: 24-CM-009995 Judge Scott
    Facts
    The defendant was stopped for making a wide turn and straddling the bike lane markers. Officers observed the defendant to have an odor of alcohol, an odor of marijuana, slurred speech, and red/watery eyes. The defendant only performed the HGN (eye test only). No walk and turn or one leg stand exercises were conducted due to his belligerent behavior. He was arrested for DUI and later refused a breath test. This was his Second DUI. He was also charged with resisting an officer without violence.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI. They also Dismissed the resisting charge.
    Result
    The State dropped the DUI.
  • Feb 12, 2025 Case: A77GXKE Judge Vaccaro
    Facts

    Police got a call about a suspicious vehicle on the side of the highway. When the trooper arrived, he saw the defendant's vehicle on the side of the highway. At the same time, the defendant was inside an ambulance being evaluated by paramedics. The road ranger told the trooper that the defendant was sitting the driver's seat when he arrived. Officers made contact with the defendant and noticed an odor of alcohol, lack of balance, and thick tongued speech. He also had red/bloodshot eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later blew a .243 and .235 in the breath machine.
    Defense
    Parks & Braxton filed a pretrial motion to suppress the lawfulness of the arrest. In our motion, we alleged that under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime "in their presence." Here, the officer did not observe the defendant driving or in actual physical control when he arrived (i.e., the first element of a DUI). A civilian road ranger is not an officer so the fellow officer rule does not apply. After conversations with the State about the legal issue, the DUI was Dismissed.
    Result
    The DUI was dismissed.
  • Feb 11, 2025 Case: 24-CT-011598 Judge Valkenburg
    Facts
    The defendant was stopped for failing to maintain a single lane (i.e. weaving). Officers noticed an odor of alcohol, slurred speech and bloodshot eyes. He also had fumbling fingers and exaggerated movements. Alcohol was found all over the car. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .088 and .088 in the breath machine.
    Defense
    Due to the .02 margin of error in the breath machine, we were able to place both breath results below the legal limit. After several negotiations regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 10, 2025 Case: 24-CT-502844 Judge Gonzalez
    Facts
    The defendant crashed his car into a concrete light pole. Officers noticed an odor of alcohol, slurred speech, and a sway to his stance. He also appeared unsteady, had bloodshot eyes, and dilated pupils. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
    Defense
    EMS was on scene and told the officers that the defendant appeared alert, oriented, answered all questions appropriately, and had a steady gait. This was all in contradiction to the officers' observations. In addition, the arresting officer stated that he conducted a DUI investigation, yet he never asked the defendant questions such as where he was coming from, where heading too, or if he even had a drink. He did not ask one question. After negotiations, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 10, 2025 Case: 24-CT-502019 Judge Gill
    Facts
    Police responded to a call regarding a drunk pedestrian (i.e. the defendant) that was stumbling around the restaurant parking lot trying to find his car and opening random car doors. Officers arrived and parked behind the defendant who was now in the driver's seat of his car. Officers knocked on the window and he rolled it down in response to their command. They noticed an odor of alcohol, slurred speech, and he appeared unsteady. The defendant stated he had drank two glasses of wine. He performed very poorly on field sobriety tests such as the HGN (eye test), walk and turn, finger to nose, and one leg stand. The walk and turn was actually terminated due to safety concerns as the defendant almost fell over. He was arrested for DUI and later blew a .170 and .164 in the breath machine. This was the defendant's Third DUI.
    Defense

    Since the caller was anonymous, the officers needed to have some type of corroboration of the defendant's intoxication in order to lawfully seize him. Here, the unlawful seizure, without corroboration, was blocking his car in and ordering him to roll down his window. Officers observed nothing prior to their actions. After conversations with the State regarding the actions by police, they Dropped his Third DUI.
    Result
    The State dropped the DUI.
  • Feb 10, 2025 Case: 24-CT-502312 Judge Gonzalez
    Facts
    The defendant was stopped for weaving, running a red light, and having a defective headlight. Officers noticed an odor of alcohol, a disheveled look, she appeared confused, and had bloodshot eyes. Alcohol was found all over the car. The defendant performed very poorly on the field sobriety tests and was arrested for DUI. She later refused a breath test.
    Defense

    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 5, 2025 Case: 24-CT-018325 Judge Gutman
    Facts
    The defendant was the at fault driver in a rear end traffic crash. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared confused, had a blank/dazed stare, exhibited poor balance, and had a lethargic appearance. He admitted to consuming a couple of beers. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    After conversations with the State regarding the evidence and the Defendant, the State Dropped the DUI.
    Result

    The State dropped the DUI.
  • Feb 5, 2025 Case: 24-CT-503201 Judge Paluck
    Facts
    The defendant was stopped for having tinted windows too dark under Florida Law. Officers did not smell any alcohol, but noticed bloodshot eyes, an odor of burnt marijuana coming from the truck, bloodshot/watery eyes, and white foam on his lips. Believing that he was impaired by drugs, he was requested to perform field sobriety tests. He then performed the HGN (eye test), estimation of 30 seconds, finger to nose, walk and turn, and one leg stand exercises. According to the officer, he performed poorly and was arrested for DUI. He later provided a urine sample which revealed positive results from FDLE for marijuana and cocaine. This was the defendant's Second DUI.
    Defense
    Even though he tested positive for nonprescribed illegal drugs, the State still must prove that he was impaired. On tape, none of the defendant's normal faculties were impaired. In fact, the arresting officer can be heard on tape stating that he needed a DRE (drug recognition expert) to be sure that the defendant was impaired by the drugs. Well, no DRE was ever called. So, if the cop is not sure, then how can a jury convict? After conversations with the State, they Dismissed the Defendant's Second DUI.
    Result
    The DUI was dismissed.
  • Feb 5, 2025 Case: 24-CT-012794 Judge Taylor
    Facts

    The defendant was stopped for weaving and nearly striking a vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had consumed several drinks prior to driving. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
    Defense
    Many observations before and during the field sobriety tests written by the officer were contradicted by the video tape. After negotiations, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 4, 2025 Case: 24-CT-002631CTAXMX Judge Hitzemann
    Facts

    The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that she had consumed five drinks while working in the yard earlier in the day. The defendant refused to perform roadside tests and was arrested for DUI. She later refused a breath test. This was her Second DUI.
    Defense
    On tape, the defendant's speech sounded normal and not slurred. She had no balance issues and was very responsive and coherent. After negotiations with the prosecutor, the State Dropped her Second DUI.
    Result
    The State dropped the DUI.
  • Feb 4, 2025 Case: 24-CT-013096 Judge Scott
    Facts
    The defendant was stopped for swerving, making a wide turn into oncoming traffic, and running a stop sign. Officers observed an odor of alcohol, slurred speech, and red/glassy eyes. After allegedly performing poorly on field sobriety tests such as the HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later refused a breath test.
    Defense

    After conversations with the State regarding the evidence and the Defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Feb 4, 2025 Case: 24-CT-502497 Judge Swett
    Facts
    The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
    Defense
    The firm announced ready for trial. After negotiations with the prosecutor, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 30, 2025 Case: 23-CT-021608 Judge Bonavita
    Facts

    Police dispatch was notified regarding a sick person passed out in a lane of travel. EMS found the defendant passed out in the car with it still in drive. Upon trying to awake the defendant, he tried to drive off with an EMS worker hanging on for almost 300 feet. Police arrived and noticed an odor of alcohol, glassy eyes, and slurred speech. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    When the DUI officer arrived, the defendant was already detained in handcuffs. The firm took a pretrial deposition of the first officer on scene. He stated that he was not the one who cuffed the defendant and did not know the officer's name who did. The firm then raised an issue with the State that the defendant was unlawfully detained and cuffed for no reason as no-one could explain why he was in handcuffs prior the DUI officer's arrival.
    Result
    The State dropped the DUI.
  • Jan 30, 2025 Case: 24-CT-019490 Judge Bonavita
    Facts
    The defendant was stopped for speeding. Officers noticed an odor of alcohol and he stated he had consumed two vodkas. He had bloodshot eyes and slurred speech. He performed poorly on the field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .207 and .194 in the breath machine.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 29, 2025 Case: 24-CT-018256 Judge Griner
    Facts
    A named citizen called police and stated that the defendant was swerving all over the road and cut him off. Officers conducted a traffic stop and observed an odor of alcohol, bloodshot eyes, and slurred speech. After performing various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew .189 and .182 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 28, 2025 Case: 24-CT-002821 Judge K. Roberts
    Facts
    The defendant crashed his car into the center median and then a fence. There was heavy front-end damage to his car. Officers noticed an odor of alcohol and watery/glassy eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
    Defense
    Prior to trial, the firm pointed out to the State that on tape, his speech was normal, he was responsive and coherent, polite, and he had no balance issues. In addition, his field sobriety tests were much better on tape than as described in the police reports.
    Result
    The State dropped the DUI.
  • Jan 23, 2025 Case: 24-MM-002668MMAXWS Judge Grey
    Facts
    The defendant was stopped for swerving and failing to maintain her lane. Officers noticed an odor of alcohol, slurred speech, and she was unsteady. She admitted to having drank alcohol and also stumbled. She refused to perform field sobriety tests and was arrested for DUI. She refused to get into the patrol car and was also charged with resisting an officer without violence. She later refused a breath test.
    Defense
    When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI and she received no conviction on the resisting charge.
    Result
    The State dropped the DUI.
  • Jan 23, 2025 Case: 24-CT-002005CTAXWS Judge Grey
    Facts
    The defendant was stopped for swerving, drifting in his lane, rapidly accelerating, following too closely, and almost striking another car. Officers observed an odor of alcohol and he admitted to consuming four beers. He also had slurred speech, dry mouth, watery eyes, and he made unusual/inconsistent statements. He was also unsteady and swayed while he stood. After performing HGN (eye test), the walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
    Defense
    After conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 23, 2025 Case: 24-CT-001584CTAXWS Judge Swett
    Facts
    Police were called to a McDonalds regarding drunk patron (i.e., the defendant). When police arrived, they came into contact with the defendant and smelled alcohol, observed slurred speech, and had an inability to walk without swaying. No one could find the keys to the car as the defendant had discarded them before the cops arrived. In a jail call later to his mother, he stated that he hid them. Officers went into McDonalds and saw the video of him behind the wheel. He refused to do roadside tests and was arrested for DUI. He later refused a breath test.
    Defense
    Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime "in their presence." Here, the officer did not observe the defendant driving or in actual physical control when he arrived (i.e., the first element of a DUI). Watching him on a McDonalds video is not in his presence. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dropped.
    Result
    The State dropped the DUI.
  • Jan 22, 2025 Case: 24-CT-013306 Judge Taylor
    Facts
    The defendant was stopped for running a stop sign and weaving. Officers noticed an odor of alcohol, slurred speech, confusion, and watery eyes. He admitted to drinking alcohol and had a wristband on from a bar. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
    Defense
    The defendant's field sobriety tests on tape were much better than as described in the police reports. Also, his speech was not slurred on tape and he did not appear confused. After conversations with the State, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 22, 2025 Case: 24-CT-013268 Judge Taylor
    Facts
    The defendant was stopped for speeding and also nearly striking a police car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He exhibited unsteady balance and admitted to having drank alcohol. He performed poorly on the roadside tests such as the walk and turn and one leg stand. He was arrested for DUI and later blew a .182 and .175 in the breath machine.
    Defense
    After negotiations regarding the defendant and evidence, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 22, 2025 Case: 24-CT-013463 Judge Taylor
    Facts
    The defendant drove up to officers as they were on an unrelated traffic stop/crash scene. Officers approached him and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also urinated on himself and had an unsteady stance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
    Defense
    After conversations with the State regarding the defendant and the evidence, they Dropped his Second DUI.
    Result
    The State dropped the DUI.
  • Jan 22, 2025 Case: 24-CT-011540 Judge Bagge-Hernandez
    Facts
    The defendant was the at fault driver in a rear end traffic crash. Witnesses stated that she was driving at a high rate of speed and cutting across lanes of traffic prior to the accident. Officers noticed an odor of alcohol, slurred speech, and watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 21, 2025 Case: 24-CT-013299 Judge Gutman
    Facts
    The defendant was stopped after he was weaving and nearly struck a concrete barrier. Officers noticed an odor of alcohol, several open beer bottles in the cabin of the truck, and bloodshot eyes. His speech was slurred and he was unable to answer basic questions. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    After several negotiations regarding the case, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 21, 2025 Case: 24-CT-010797 Judge Gutman
    Facts
    The defendant was stopped for swerving, running a stop sign, and speeding. Officers noticed an odor of alcohol, slurred/slow speech, and glassy eyes. He provided incorrect paperwork, swayed while he stood, and stated he had consumed three alcoholic beverages. After performing the HGN (eye tests), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
    Defense

    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 21, 2025 Case: 24-CT-011792 Judge Gutman
    Facts
    The defendant was the at fault driver in a front bumper to front bumper crash because he was driving the wrong way. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant Second DUI.
    Defense
    Many observations written in the reports were contradicted by the video. After negotiations, the State Dropped the defendant's Second DUI.
    Result
    The State dropped the DUI.
  • Jan 21, 2025 Case: 24-CT-013276 Judge Gutman
    Facts
    The defendant was stopped for making an illegal turn. The officer noticed an odor of alcohol, a tired/lethargic appearance, and slurred speech. He also had a blank/dazed stare, slow/deliberate movements, and watery eyes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .147 and .147 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 21, 2025 Case: 24-CT-011420 Judge Gutman
    Facts
    The defendant was stopped for crossing over the double yellow lane divider. When running her tag, she had a suspended driver's license. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. During field sobriety tests, she was acting in a bizarre fashion by doing dance moves and air squats. She performed poorly and was arrested for DUI. She later refused a breath test.
    Defense

    After conversations about the case just prior to trial, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 21, 2025 Case: 24-CT-400419 Judge D. Johnson
    Facts
    The defendant was pulling out of a parking lot. Before pulling out, he reversed and backed up into a police car. Once out the car, the officer had him kneel on the ground. Due the defendant's "erratic behavior," the officer called for other officers and handcuffed him. Once other officers arrived, he was then placed in the back of patrol car while still cuffed. He was in the back seat cuffed for well over 30 minutes until a DUI officer arrived. Officers noticed an odor alcohol, he admitted to having drank two beers and taking illegal drugs, and he was argumentative. His speech was confused and rapid. He performed poorly on all the field sobriety tests and was arrested for DUI. He later blew a .137 and .136 in the breath machine.
    Defense
    The firm filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was illegally being seized by being cuffed not only from the beginning, but also while cuffed in the back of a patrol car for over 30 minutes without probable cause to believe that he was DUI. On video, the DUI officer arrived and even asked why was he in the back of the patrol car cuffed. The Judge agreed that he was unlawfully seized, granted the motion, and threw out all the evidence. The State then Dropped the DUI to a civil infraction of careless driving. No points, no conviction, and all the defendant had to do was pay a fine.
    Result
    The State dropped the DUI.
  • Jan 21, 2025 Case: 24-CT-047530 Judge Skinner
    Facts
    The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He appeared clumsy, swayed while he stood, and his movements were slow. The defendant stated that he had consumed multiple shots of vodka and drank beers. He performed very poorly roadside tests and was arrested for DUI. He later blew a .204 and .200 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 21, 2025 Case: 24-CT-045137 Judge Skinner
    Facts
    Police were called to a hospital parking lot due to a male being passed out in his car with the engine running. The officer arrived and noticed the defendant slumped over the wheel. The officer got the defendant out of the car to check on his well-being. He noticed an odor of alcohol, glassy eyes, and pinpoint pupils. He was unsure, confused, and was very unsteady. He almost fell over and officers had to grab him to keep him from falling. The defendant stated he "was drunk as fuck." No roadside tests were conducted and he was arrested for DUI. He later blew a .313 and .310 in the breath machine (almost 4 times the legal limit).
    Defense
    The firm provided mitigation evidence to the State regarding the defendant. After reviewing the mitigation documents and many conversations with the prosecutor, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 14, 2025 Case: 24-CT-502689 Judge George
    Facts
    The defendant was stopped for making an illegal U-turn. Officers observed an odor of alcohol, an odor of marijuana, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI.
    Defense

    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 14, 2025 Case: 24-CT-002096 Judge
    Facts
    The defendant was alleged to have been the at fault driver in a traffic crash. Officers noticed an odor of alcohol, a flushed face, swaying, and staggering. His speech was slurred and he appear disheveled. He performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    On video, the defendant was blaming his girlfriend as being the driver and she was blaming him for being the driver. The civilian witnesses could not make a positive ID who was driving at the time of the crash. The officers tried to pull video from the WAWA but couldn't. After negotiations, the State could not prove who was driving at the time of the crash and they Dismissed the DUI.
    Result
    The DUI was dismissed.
  • Jan 10, 2025 Case: 24-CT-003245 Judge Gould
    Facts
    The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, sluggish speech, a flushed face, droopy/glassy eye lids, and he admitted to having consumed a beer and one Jack Daniels after playing golf. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later refused a breath test.
    Defense
    The firm announced ready for trial. Just prior to the trial date, we pointed out to the State that the officer had the defendant, who is 71 years old, do the walk and turn and one leg stand, even though he told them on tape he had two hip replacements and ankle/foot issues. In addition, his speech was normal on tape and not sluggish, he was not off balance, totally responsive and coherent, and very polite. The firm had also listed the three witnesses who he had played golf with were ready to testify that the defendant was not impaired when he left the golf club just prior to the crash. The State Dropped the DUI a few days before the trial date.
    Result
    The State dropped the DUI.
  • Jan 9, 2025 Case: 24-CT-502647 Judge Paluck
    Facts

    The defendant was involved in a traffic crash where she was found to not be at fault. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. She performed poorly on field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand, and was arrested for DUI. She later blew a .125 and .119 in the breath machine.
    Defense
    The firm provided mitigating evidence to the State regarding the defendant and they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 9, 2025 Case: 24-CM-008904 Judge Scott
    Facts
    The defendant was stopped for speeding, weaving within his lane, and being over the lane markers. Officers noticed an odor of alcohol, confusion, bloodshot eyes, and he admitting to drinking alcohol. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 9, 2025 Case: 24-CT-012609 Judge Rich
    Facts
    The defendant was stopped after traveling the wrong way on a one-way street. Officers observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He was unsteady and had a wristband on from a bar. He performed various field sobriety tests and was arrested for DUI. He later blew a .101 and .098 in the breath machine. This was the defendant's Second DUI.
    Defense

    On tape, the defendant's speech was not slurred and he was not unsteady. Many observations written in the police reports were contradicted by the video tape. In addition, due the .02 margin of error in the breath machine, we are able to place one of his breath results under the legal limit. The State Dropped his Second DUI.
    Result
    The State dropped the DUI.
  • Jan 9, 2025 Case: 24-CT-012400 Judge Rich
    Facts
    The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy eyes, and slurred speech. He appeared unsteady and stated that he had consumed several drinks at a club. He performed poorly on roadside tests and was arrested for DUI. He later blew a .172 and .167 in the breath machine.
    Defense

    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 9, 2025 Case: 24-CT-013684 Judge Rich
    Facts
    The defendant was stopped for swerving and straddling lane markers. Officers noticed an odor of alcohol, red/glassy eyes and he denied drinking alcohol. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    Many observations written about the defendant's performance on the roadside tests were exaggerated as compared to the video tape. After negotiations, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 9, 2025 Case: 24-CT-012800 Judge Rich
    Facts

    Facts:

    A call was made that the defendant appeared intoxicated at a convenience store. Officers found the defendant and observed an odor of alcohol, very slurred speech, and he was disoriented. He had bloodshot eyes and appeared unsteady. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
    Defense
    When officers located the defendant in the parking lot, they did not observe an indicators of intoxication. When they pulled up they turned their overhead lights on a blocked him in. Thus, the firm raised the issue with the State that there was an unlawful detention because one cannot feel free to leave when blocked in by a police car with lights on. The State Agreed and Dropped his Second DUI.
    Result
    The State dropped the DUI.
  • Jan 8, 2025 Case: 24-CT-042515 Judge T. Brown
    Facts
    The defendant crashed his vehicle into a light pole. Officers noticed an odor of alcohol, watery eyes, slurred speech, and a flushed face. The defendant performed very poorly on field sobriety tests. He also admitted on video tape to being intoxicated. He was arrested for DUI and later blew a .161 and .160 in the breath machine.
    Defense
    After negotiations and providing mitigating evidence to the State, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 8, 2025 Case: 24-CT-042502 Judge T. Brown
    Facts
    The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and slow/lethargic movements. He also appeared clumsy and had bloodshot eyes. He performed poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 8, 2025 Case: 24-CT-042259 Judge Koenig
    Facts
    Police were called to do a welfare check on the defendant as the defendant's ex-boyfriend stated she was going to do harm to herself. Officers responded and found the defendant in the driver's seat. They observed an odor of alcohol, slurred speech, and glassy eyes. An open container of wine was found in the front seat. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath. This was the defendant's Third DUI.
    Defense
    After discussions with State about the defendant and the underlying basis of welfare check call, the State Dropped the defendant's Third DUI.
    Result
    The State dropped the DUI.
  • Jan 8, 2025 Case: 24-CT-052043 Judge Musselman
    Facts
    Officers were called reference a suicidal person (i.e. the defendant). They found the defendant sitting in his running truck trying to get though a security gate. He had and odor of alcohol, slurred speech, glassy eyes, and slight confusion answering questions. He also staggered and swayed. He refused to get out of the car and was extracted. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    After conversations with the State, about the defendant and the evidence, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 8, 2025 Case: 24-CT-044719 Judge Musselman
    Facts
    The defendant was stopped for speeding. Officers noticed an odor of alcohol, mumbled speech, and a fixed gaze. She stated she had consumed two beers, swayed while she stood, and she used the car for balance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.
    Defense

    After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 8, 2025 Case: 23-CT-057754 Judge Musselman
    Facts
    Officers were called to a single motorcycle accident to which the defendant was driving. The defendant was taken to the hospital before officers arrived. After speaking to the witness who saw the crash and identified the defendant as the driver, officers then went to the hospital. They observed an odor of alcohol and he stated he had drank a few beers. No field sobriety tests were conducted due to him being in the hospital. Later on, the State attempted get his medical blood from the hospital. It revealed an alcohol level almost three times the legal limit( i.e. .213). He was then charged by the State with DUI.
    Defense
    After several conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 7, 2025 Case: 24-CT-009580 Judge Valkenburg
    Facts
    The defendant was stopped for speeding. Officers noticed an odor of alcohol, red/glassy eyes, and he had a bracelet on his wrist from a bar. The defendant was argumentative, uncooperative, and refused to get out the car. He was eventually "escorted" out the car by police. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 7, 2025 Case: 24-CT-010712 Judge Valkenburg
    Facts
    The defendant was stopped for having a tag not assigned to his car. Officer noticed an odor of alcohol, eye lid tremors, and bloodshot eyes. The defendant stated he had just smoked pot earlier in the night. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later provided a urine sample, which after being tested at FDLE, was positive for marijuana.
    Defense
    The defendant’s performance on the field sobriety tests was much better on video than as described by the officer in the reports. After conversations with the State, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Jan 6, 2025 Case: 24-CT-002798 Judge Burns
    Facts
    The defendant's daughter called police stating that her mother (i.e. the defendant) was highly intoxicated and afraid she may hurt herself. Officers located the vehicle on the interstate and saw her weaving all over the road. Once stopped, officers noticed an odor of alcohol, bloodshot/watery eyes, her speech was incoherent/slurred, and she could not focus. She swayed, staggered, and was very off balance. She was only able to safely perform the HGN (eye test) and then was arrested for DUI. She later blew a .137 and .134 in the breath machine. This was the defendant's Second DUI.
    Defense
    The firm provided mitigating evidence to the State regarding the defendant and after negotiations, the State Dropped the defendant's Second DUI.
    Result
    The State dropped the DUI.
  • Dec 19, 2024 Case: 24-CT-001459 Judge B. Jo Bell
    Facts

    The defendant was stopped for swerving all over. Officers observed an odor of alcohol, mumbled speech, and bloodshot eyes. He also appeared unsteady on his feet. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .091 and .088 in the breath machine.
    Defense
    When they do the monthly maintenance on the breath machines, they use various solutions to test the machine for alcohol. Those solutions must be with certain ranges. If the solutions are out of range, the machine should not pass. Here, the solutions were out of range, yet they still passed the machine during inspection. This was brought to the State's attention. After negotiations, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 18, 2024 Case: 24-CT-011951 Judge Taylor
    Facts
    The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred/thick tongued speech. He was lethargic and exhibited unstable balance. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
    Defense

    On tape, the defendant's speech was normal, he was not unstable, and did not appear lethargic at all. Everything that the officer wrote was contradicted by the video tape. After negotiations, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-008095 Judge Scott
    Facts
    The defendant was stopped for swerving all over the road. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on the field sobriety tests, which included the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-005660 Judge Scott
    Facts
    The defendant was involved in a crash whereby he backed into a pedestrian pushing a shopping cart in a Publix parking lot. Officers noticed an odor of alcohol, slurred speech, and droopy eyelids. He also swayed while he stood. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .133 and .130 in the breath machine.
    Defense
    On tape, the initial officer can be heard saying he didn't smell any alcohol, yet the defendant was being detained for a long time until a DUI officer arrived. We put forth that the defendant was being detained unlawfully without evidence that he was actually DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-009426 Judge Scott
    Facts
    The defendant was stopped for speeding, weaving, and stopping over a stop bar at a red light. Officers observed an odor of alcohol, watery eyes, and slurred speech. He also had a wristband on from a bar. After performing poorly on field sobriety tests, he was arrested for DUI. He later blew a .166 and .164 in the breath machine.
    Defense

    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-008355 Judge Scott
    Facts
    The defendant was stopped after an officer observed him make a last second turn at a high rate of speed causing the defendant to take corrective action to regain control of the car. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a whiskey/ginger. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
    Defense

    The police reports were contradicted by the video tape. The defendant performed much better on the field sobriety tests on tape than as described in the police reports. In addition, his speech was not slurred on tape.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-042269 Judge Koenig
    Facts
    The defendant was stopped for weaving and continuously riding on the white line on the right-hand shoulder. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she fumbled with her documents. After performing various field sobriety tests, she was arrested for DUI. She later blew a .101 and .100 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-049301 Judge Ingram
    Facts
    An officer heard the sounds of tires on gravel and screeching behind a Church and then saw the defendant pull out. He then observed the defendant braking excessively. Upon stopping the defendant, the officer noticed an odor of alcohol and slurred/mumbled speech. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
    Defense
    During negotiations with the State, we pointed out that there was no legal basis to stop the defendant, as there was no infractions and no reasonable suspicion to believe that he was impaired. In addition, the officer never even placed the defendant in front of the dash camera prior to arresting him. Additionally, one could hear the defendant off camera and his speech sounded perfectly normal. There was a complete lack of evidence and the State Dismissed the DUI.
    Result
    The DUI was dismissed.
  • Dec 12, 2024 Case: 24-CT-029763 Judge Koenig
    Facts
    The defendant crashed his car and it ended up in a ditch. The vehicle was totally destroyed. Officers noticed an odor of alcohol, bloodshot eyes, and he appeared unsteady. He appeared drowsy, disoriented, and clumsy. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
    Defense
    After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-MM-023256 Judge Jacobus
    Facts
    The defendant was so intoxicated that he called the police saying he was being battered by staff members at a bar. When police arrived, the bouncers told the cops that the defendant consumed several drinks and was told not to drive. The police tried to stop the defendant, but he drove off, ran a stop sign, and turned off all his lights to avoid detection. When they eventually got him stopped, they smelled alcohol, noticed a flushed face, he had slurred speech, and he appeared clumsy. He also stumbled, swayed, and staggered. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test. He was also charged with resisting an officer without violence for not wanting to be cuffed or get into the police car.
    Defense
    After negotiations with the State regarding the evidence and providing them mitigation on behalf of the defendant, the State Dropped the DUI and they also Dismissed the Resisting charge.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-0435503 Judge Taylor
    Facts
    A call went out about a possible intoxicated driver. Officers spoke with the complainant and they stated that the was in the bar, appeared intoxicated, buying beer, and ordering takeout. The officer saw the defendant walk out to his car and appear very unsteady. He watched him pull out and then the defendant ran a stop sign. Upon contact the officer observed an odor of alcohol, watery eyes, and slurred speech. He appeared confused, clumsy, and disheveled. After performing poorly on the field sobriety tests, he was arrested for DUI. He later blew a .232 and .228 in the breath machine.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-041430 Judge Jacobus
    Facts
    The defendant was stopped for driving with no headlights and running a red light. Officers observed an odor of alcohol, glassy/bloodshot eyes, and he appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
    Defense
    On tape, the defendant’s speech was normal, he was not unsteady, appeared responsive and coherent, and had no balance issues. He performed very well on the roadside tests on tape versus what was written. After conversations with the State, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-CT-039544 Judge Jacobus
    Facts
    The defendant was stopped for driving under the speed limit and also failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated that he had consumed some drinks. After performing various roadside tests such and the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew a .108 and .097 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 12, 2024 Case: 24-MM-039521 Judge Baker
    Facts

    The defendant was found by police slumped over the wheel of her car and unconscious. Officers noticed an odor of alcohol, watery eyes, and her movements were slow. The defendant started to walk away and refused to listen. She was continually yelling and was uncooperative. She was handcuffed and charged with DUI and resisting an officer without violence. She later refused a breath test.
    Defense
    After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI and Dismissed the resisting charge.
    Result
    The State dropped the DUI.
  • Dec 10, 2024 Case: 24-CT-007527 Judge Gutman
    Facts
    The defendant was stopped for weaving all over the roadway. Once stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. Once out of the car, she appeared unsteady. She refused to perform any field sobriety tests other than HGN (eye test). She was arrested for DUI. The defendant had a CDL license and later refused a breath test.
    Defense
    After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 10, 2024 Case: 24-CT-008934 Judge Gutman
    Facts
    The defendant was stopped for running two stop signs. Officers observed an odor of alcohol, slow/lethargic movements, and red/glassy eyes. His speech was also slurred. The defendant only performed the HGN (eye test) and refused to perform any other roadside tests. He was arrested for DUI and later refused a breath test.
    Defense
    On tape, the defendant's speech was not slurred and he did not move slow or lethargically. After pointing this out to the State, along with a lack of other evidence of impairment, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 10, 2024 Case: 24-CT-005390 Judge Farr
    Facts
    The defendant was stopped for swerving all over the road. Officers noticed an odor of alcohol, unsteadiness, and glassy eyes. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
    Defense
    Due to a lack of probable cause to arrest based on the video tape evidence, the State Dropped the DUI after negotiations.
    Result
    The State dropped the DUI.
  • Dec 10, 2024 Case: A77HLSE Judge Vaccaro
    Facts
    The defendant was the at fault driver in a traffic crash whereby he slammed into a light pole. Officers noticed an odor of alcohol and marijuana. His eyes were glassy and bloodshot and he exhibited slurred speech. The defendant performed very poorly on the walk and turn and one leg stand exercises and was arrested for DUI. He later refused a breath test.
    Defense
    After conversations with the State, we pointed out that any impairment observed could have just as easily been attributed to a bad crash versus alcohol. After negotiations with the State, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 10, 2024 Case: 24-CT-004908 Judge Farr
    Facts
    The defendant was stopped for speeding, weaving, and driving on the wrong side of the road. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
    Defense
    Due to evidentiary issues raised by the defense regarding the lack of evidence, the State Dropped the DUI and he received no criminal conviction or further penalties other than court costs.
    Result
    The State dropped the DUI.
  • Dec 10, 2024 Case: AFWDDLE Judge Lawhorne
    Facts
    The defendant was stopped for failing to yield while making a left turn. Officers observed an odor of alcohol and glossy/red eyes. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
    Defense
    After conversations with the State regarding the lack of evidence that the defendant's normal faculties were impaired, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 6, 2024 Case: AIQEZGE Judge Komninos
    Facts
    The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and mumbled/incoherent speech. She stumbled, swayed, and appeared clumsy. She also exhibited mood changes going from polite to belligerent to indifferent. She refused to perform field sobriety tests and was arrested for DUI. While in the back seat of the patrol car, she was cursing and kicking the door and the divider between the front seat and back seat. She later refused a beath test.
    Defense
    After conversations with the State regarding the evidence itself and providing mitigating evidence on behalf of the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 6, 2024 Case: AI9MJPE Judge Hessinger
    Facts

    The defendant was involved in a traffic crash. Officers observed an odor of alcohol, mumbled/slurred/stuttered speech, a visible sway, and bloodshot/glassy eyes. He also had a stagger to his walk. The defendant agreed to perform the HGN (eye test) but refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
    Defense
    The firm announced ready for trial. Before the trial date, we pointed out that the defendant was not the at fault driver. In fact, the officers concluded that the other driver ran the intersection and t-boned the defendant. Also, on tape, the defendant's speech was normal and he didn't stagger. Any sway observed on tape could just have been as easily attributed to the defendant being t-boned in a crash versus alcohol impairment. The firm also provided medical records of the defendant, stemming from the crash, to the State showing that the defendant had received injuries to his body and head. The State Dropped the defendant's Second DUI prior to the trial date.
    Result
    The State dropped the DUI.
  • Dec 5, 2024 Case: 23-009941MM10A Judge Diaz
    Facts
    Two officers had a car pulled over. The defendant was observed failing to slow down or move out of the way and nearly struck the police. The officers then observed the defendant driving on two flat tires. The defendant was alleged to stumble out of the vehicle. The officers observed slurred speech, bloodshot eyes and a strong odor of alcohol on her breath. The defendant refused to participate in any field sobriety tests, and allegedly stated she was not going to do the exercises because she was drunk. She was arrested for DUI and refused to perform a breath test.
    Defense
    The statement admitting to being drunk was not captured on video. In addition, all of the times on the citations and police reports as well as the refusal affidavit were inconsistent. The officer went out of his way to prevent the defendant from being placed on video, including failing to call for a police unit with a car cam video. Parks & Braxton announced ready for jury trial. The prosecutor dropped the DUI on the morning of trial. The defendant walked away with no conviction for any crime on her record.
    Result

    The State dropped the DUI.
  • Dec 5, 2024 Case: 24-CT-013300 Judge Rich
    Facts
    The defendant was stopped after he ran multiple stop signs. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had just came from a bar and had drank alcohol. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .162 and .156 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Dec 5, 2024 Case: 24-CT-014232 Judge Farr
    Facts
    The defendant was stopped for running a stop sign. Officers observed an odor of alcohol, slurred speech, tired/lethargic movements, and bloodshot eyes. After performing various field sobriety tests such a HGN (eye test), walk and turn, and the one leg stand, he was arrested for DUI. He later blew a .149 and .132 in the breath machine.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 22, 2024 Case: 24-CT-012829 Judge Gutman
    Facts
    The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, slurred speech, fumbling fingers, and slow/deliberate movements. He also appeared confused and had a blank/dazed stare. 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 .113 and .109 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 22, 2024 Case: 24-CT-009411 Judge Gutman
    Facts
    The defendant was the at fault driver in a sideswipe crash. When officers arrived, they noticed very slurred speech, unsteadiness, and she kept making moaning noises. There was no odor of alcohol, but they believed she was impaired by drugs. She performed very poorly on roadside tests and was arrested for DUI. She later refused a urine test.
    Defense
    Under Florida law (i.e. the DUI statute: 316.1 93) to prove DUI, the State must prove one is impaired by either alcohol, a specific controlled and/or a chemical substance. One cannot just be impaired by something like a bad banana. Here, since there was no odor of alcohol, no alcohol found, no mention of drugs, and no urine test, the State could not prove by what was impairing her.
    Result
    The DUI was dismissed.
  • Nov 21, 2024 Case: 24-CT-001224 Judge Poblick
    Facts

    The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, and a sway to his stance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
    Defense

    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 20, 2024 Case: 24-CT-011917 Judge Gutman
    Facts
    The defendant was stopped for driving northbound in the southbound lane. Officers noticed an odor of alcohol, red/glassy eyes, and lethargic movements. The defendant performed various field sobriety tests and was arrested for DUI. She later blew a .134 and .133 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 20, 2024 Case: 24-CT-012938 Judge Gutman
    Facts
    The defendant was stopped for speeding. Officers observed an odor of alcohol, watery eyes, and a blank/dazed look. They also noticed confusion, slurred speech, poor balance, and poor coordination. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
    Defense
    The video totally contradicted the police reports. On tape, his speech was not slurred, he was not confused, and had no balance or coordination issues. He performed much better on the field sobriety tests than as described in the reports. After discussions with the State, they Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 14, 2024 Case: AIQEVVE Judge Komninos
    Facts
    The defendant crashed his car into multiple street signs and left the scene. Officers located the defendant and noticed an odor of alcohol, bloodshot eyes, mumbled speech, and he appeared unsteady. He performed poorly on roadside tests and was arrested for DUI and leaving the scene of an accident. He later refused a breath test.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI and also dropped the leaving the scene of an accident charge.
    Result

    The State dropped the DUI.
  • Nov 14, 2024 Case: AJEUA1E Judge Komninos
    Facts
    The defendant was stopped for stopping over the stop bar, weaving, and having trouble maintaining a steady speed. Officers noticed watery/glassy eyes and slurred speech. When the officer attempted to begin the HGN (eye test), the defendant ran to the front of her car and tried to make herself regurgitate by sticking her finger in her throat. Believing she was impaired by drugs, she then performed the walk and turn, one leg stand, and finger to nose exercises. She also stated that she takes several prescribed medications. She was arrested for DUI and later provided a urine sample which came back positive from FDLE for Klonopin and Oxycodone.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result

    The State dropped the DUI.
  • Nov 14, 2024 Case: 24-CT-003029 Judge Scott
    Facts
    The defendant was found passed out in his car at a green light. Cars were driving around him because he obviously wasn't moving. The officer noticed an odor of alcohol, glossy eyes, and slurred speech. His movements were slow and lethargic. The defendant refused to perform field sobriety tests and was arrested for DUI. He later agreed to take a breath test and blew a .165 and .164 in the breath machine.
    Defense
    After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 14, 2024 Case: AITIJEE Judge Komninos
    Facts
    Officers were called to a gas station for a suspicious activity call. Upon arrival, they saw the defendant and his truck with a flat tire on a rim. An independent witness stated that they saw the defendant drive in on the flat. Officers saw gauge marks in the pavement and pieces of the truck were found down the road. Thinking that he had been involved in a crash, officers then yelled at the defendant to stop and talk to them. He didn't hear them and was tackled into the glass door of the gas station breaking the glass door. After tackling him, they noticed an odor of alcohol, unsteadiness, and bloodshot eyes. He refused to perform roadside tests and was arrested for DUI as well as resisting an officer without violence. He later refused a breath test.
    Defense
    It was obvious on tape that the defendant did not hear the officers and he was pummeled for no reason. After being tackled, within seconds they charged him with DUI. On tape, the defendant was not unsteady and his speech was normal. The State Dropped the DUI and the resisting charge was dismissed.
    Result
    The State dropped the DUI.
  • Nov 14, 2024 Case: AJF4BPE Judge Komninos
    Facts
    The defendant was stopped for driving into oncoming traffic. Officers noticed an odor of alcohol, watery/glassy eyes, and he staggered and swayed. The defendant stated that he had drank a few beers. He then performed various roadside tests such as the walk and turn, one leg stand, finger to nose, and alphabet. He was arrested for DUI and later blew a .147 and .146 in the breath machine.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
  • Nov 14, 2024 Case: 24-CT-002506 Judge Scott
    Facts
    The defendant was the at fault drive in a sideswipe crash. Officers noticed an odor of alcohol, slurred speech ,and glassy eyes. He also had difficulty balancing himself while he walked and was very unsteady. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI arrest (one prior conviction for DUI) and he was also charged with Refusing a Breath Test for the second time.
    Defense

    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 14, 2024 Case: AJF4C4E Judge Komninos
    Facts

    A concerned citizen called 911 stating that the defendant was sitting in his car drinking alcohol. Officers arrived and made contact with the defendant who was sitting in his car. Officers noticed alcohol (beer and whiskey) on the front passenger seat and as well as the front seat cup holder. They observed the defendant to have an odor of alcohol, bloodshot eyes, and he stated that he had drank 4-5 beers. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .133 and .138 in the breath machine.
    Defense

    After negotiations with the State regarding the evidence and the DUI, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 13, 2024 Case: 24-CF-057438 Judge Henderson
    Facts
    The defendant was stopped for driving erratically. Officers noticed an odor of alcohol, glassy eyes, and mumbled/slurred speech. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. A baggie was found with cocaine on the passenger seat. The defendant was also charged with felony possession of a controlled substance.
    Defense
    After several conversations with the State, we pointed out that the alleged driving pattern was not on tape and very vaguely described. Thus, we pointed out that the stop may be unlawful. The State dropped the DUI and additionally reduced the felony possession charge to a misdemeanor charge.
    Result
    The State dropped the DUI.
  • Nov 12, 2024 Case: 24-CT-001187 Judge Farr
    Facts
    The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, a flushed face, and glassy eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .081 and .081 in the breath machine. This was the defendant's Second DUI.
    Defense
    Many of the written observations were over exaggerated and were contradicted the video. In addition, with the .02 margin of error in the breath machine, we were able to place the defendant breath test results under the legal limit. The State Dropped her Second DUI.
    Result
    The State dropped the DUI.
  • Nov 12, 2024 Case: 24-CT-004297 Judge Farr
    Facts
    The defendant was stopped for speeding and running a red light. Officers noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated that he had consumed a couple of beers. He then performed various roadside tests and was arrested for DUI. He later refused a breath test.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
  • Nov 12, 2024 Case: 24-CT-006956 Judge Farr
    Facts

    The defendant was stopped for weaving and having an inoperable taillight. Officers noticed an odor of alcohol, slurred speech, and sluggish movements. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .192 and .187 in the breath machine.
    Defense
    After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
    Result
    The State dropped the DUI.
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