Results

Aug 18, 2025	Case: 24-CT-004534	Judge Gould
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/glassy eyes, and droopy eyelids. He also seemed to appear sluggish, have an uneasy walk, and an orbital sway. The defendant denied consuming any alcohol. The defendant agreed to perform the HGN (eye test) and refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Third DUI arrest.
Defense:	The firm announced ready for trial. On tape, the defendant had no sway, was not sluggish, and did not appear "uneasy." In fact, we put forth that to us, none of his normal faculties were impaired. After negotiations a couple of weeks prior to the trial date, the State Dropped the defendant's Third DUI.
Result:	The State dropped the DUI.

Aug 18, 2025	Case: 25-CT-033052	Judge Koenig
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glossy eyes, and slurred speech. He also appeared disoriented, walked slow, and seemed confused. The defendant then performed the HGN (eye test), one leg stand, and finger to nose exercises. He was subsequently arrested for DUI.
Defense:	On tape, the defendant seemed to have no idea what the officers were telling him or advising him as far as the instructions on the field sobriety tests. His first language is Creole, not English. Officers made no effort to try to find an officer who speaks Creole. After conversations with the State about what took place on tape, the State Dropped the DUI to a Civil Careless Driving infraction.
Result:	The State dropped the DUI.

Aug 14, 2025	Case: 25-CT-001395	Judge Scott
Facts:	The defendant was found passed out in his car on the side of the road blocking an entrance way. Upon awakening the defendant, they noticed an odor of alcohol, glassy eyes, slurred speech, and unsteady balance. The defendant performed poorly on 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 his Second DUI.
Defense:	After negotiations with State, we pointed out that on tape the defendant told them that he was trying to do the right thing by not driving. He also told them that he had pulled over hours before the police came in contact with him. We also raised issues about a lack of actual physical control. Prior to the trial date, the State Dropped the Second DUI.
Result:	The State dropped the DUI.

Aug 14, 2025	Case: 25-CT-002446	Judge Scott
Facts:	The defendant was stopped for careless driving. He was alleged to have rapidly accelerated spinning his tires, crossing over three lanes to enter a turn lane, and speeding. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. The defendant later blew .179 and .178 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.

Aug 14, 2025	Case: 25-CT-007823	Judge Taylor
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and unsteadiness. The defendant denied consuming any alcohol. The defendant then stated, "Just arrest me," and refused to do any field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI arrest.
Defense:	On tape, the defendant's speech was not slurred and he did not appear unsteady. After negotiations with the prosecutor, the State Dropped his Second DUI.
Result:	The State dropped the DUI.

Aug 14, 2025	Case: 25-CT-001761	Judge Bonavita
Facts:	The defendant was stopped for speeding. He was traveling 116 mph. Officers stopped him and noticed an odor of alcohol, bloodshot/watery eyes, and slow/slurred speech. The defendant stated he had drank beer. He then performed the HGN (eye test), walk and turn, one leg stand, and estimation of 30 seconds exercises. He was arrested for DUI and also reckless driving for his very excessive speed. After his arrest, he refused a breath test.
Defense:	The firm had conversations with the State regarding the videotape that we received in discovery. On tape, the defendant did not appear to be impaired on any of his field sobriety tests. This was truly a case about excessive speeding, not DUI. The State agreed and Dismissed the DUI charge and we resolved the other charge of reckless driving.
Result:	The DUI was dismissed.

Aug 12, 2025	Case: 25-CT-007372	Judge Rich
Facts:	The defendant was stopped for speeding. Officers observed and odor of alcohol, glassy/watery eyes, and slow/lethargic movements. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	We had a conversation with the prosecutor and pointed out that on tape, not one of the defendant's normal faculties were impaired. In addition, his movements were not slow or lethargic. Also, one deputy told the defendant on tape that he was being arrested for "drinking and driving." It is not a crime in Florida to drink and drive. What is a crime is to drive while your normal faculties are impaired. The State agreed and Dismissed the DUI.
Result:	The DUI was dismissed.

Aug 12, 2025	Case: 25-CT-000509	Judge Gutman
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy/watery eyes, and slurred speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State before the trial date regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 12, 2025	Case: 25-CT-000265	Judge Gutman
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery/bloodshot eyes, slow and sluggish movements, and slurred speech. The defendant stated he had consumed one beer. 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. This was the defendant's Second DUI.
Defense:	On tape, the defendant's speech was not slurred and his movements were not sluggish at all. The defendant performed much better on the roadside tests on tape than as described in the police reports. After negotiations just before the trial date, the State Dropped his Second DUI.
Result:	The State dropped the DUI.

Aug 11, 2025	Case: ADO78QE	Judge Urbistondo
Facts:	The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, rapid speech, and dilated pupils. The defendant admitted to drinking one beer. The defendant performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. She was arrested for DUI and later refused a breath test.
Defense:	Field sobriety tests are supposed be conducted in a dry area. In this case, he had the defendant perform them in the rain. Also, officers are supposed to demonstrate the roadside tests properly on tape and here they were demonstrating in a very confusing way. Finally, the State could not place the defendant in actual physical control of the car at the time of the crash. On the day of trial, the DUI was Dismissed.
Result:	The DUI was dismissed.

Aug 7, 2025	Case: 25-CT-024243	Judge Skinner
Facts:	The defendant was stopped for driving too slowly and drifting back and forth. Officers stopped the defendant and noticed an odor of alcohol, slurred speech, a sway, and watery eyes. The defendant performed the HGN (eye test), one leg stand, and walk and turn exercises. He was subsequently arrested for DUI and later blew a .143 and .142 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.

Aug 7, 2025	Case: 25-CT-000315	Judge J. Steele
Facts:	The defendant crashed her car into a ditch. Officers arrived and noticed an odor of alcohol, slurred speech, watery/glassy eyes, and stuttering/slurred speech. The defendant stated that she had consumed three vodka tonics and three shots. She performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State regarding the evidence and the DUI, they Dropped the DUI.
Result:	The State dropped the DUI.

Aug 6, 2025	Case: 25-CT-008203	Judge Menz
Facts:	Police were called to a bar regarding an intoxicated male (i.e., the defendant). The defendant was causing a disturbance as he was allegedly threatening bar staff and telling them he was going to kick their asses. Officers located the defendant and conducted a traffic stop. They observed an odor of alcohol and mumbled speech. Due to the defendant a having various medical ailments, he performed nonphysical field sobriety tests such as the HGN (eye test), finger to nose, palm pat, and hand coordination. He was then arrested for DUI and later refused a breath test.
Defense:	On tape, the officer had no idea how to instruct the defendant on the field sobriety tests. Her instructions were so confusing that no one could understand them. The defendant had to ask several clarifying questions over and over on tape. Even the prosecutor, after viewing the tape, agreed with our position. After a few conversations, the State Dropped the DUI and he received no criminal conviction.
Result:	The State dropped the DUI.

Aug 6, 2025	Case: 25-CT-004362	Judge Taylor
Facts:	The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, watery eyes, and slurred speech. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .120 and .114 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.

Aug 6, 2025	Case: 25-CT-016884	Judge Taylor
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, fumbling fingers, a blank/dazed stare, droopy eyelids, a sway to his stance, and slow/lethargic movements. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. The defendant later refused a breath test.
Defense:	The defendant's performance on the field sobriety tests was much better on video tape than as described in the reports. Additionally, on tape, his speech was not slurred and he was not lethargic. The State Dropped the DUI after negotiations.
Result:	The State dropped the DUI.

Aug 6, 2025	Case: 25-CT-002018	Judge Taylor
Facts:	The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, slurred speech, unsteady balance, a flushed face, and glossy/bloodshot eyes. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	All the airbags deployed during the crash in the defendant's vehicle. We pointed out to the State that any impairment, such as unsteady balance, bloodshot eyes, and slurred speech could have been equally attributed to being hit in the head and body with airbags versus alcohol. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Aug 5, 2025	Case: 24-CT-020526	Judge Gutman
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and bloodshot/glossy eyes. The defendant performed poorly on roadside tests, such as HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .150 and .148 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.

Aug 5, 2025	Case: 25-CT-001216AX	Judge J. Steele
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a sway. The defendant stated that he had drank beer and performed poorly on the field sobriety tests such as the HGN (eye test), one leg stand, and walk and turn. He was arrested for DUI and 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.

Aug 5, 2025	Case: AJF4PBE	Judge Lawhorne
Facts:	The defendant was stopped for running a red light. Officers noticed an odor of alcohol, a flushed face, slurred speech, and he was unsteady. He also staggered and swayed. The defendant only performed the HGN (eye test) and then refused to perform all other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	On tape, the defendant was not unsteady, his speech was not slurred, and he never staggered or swayed. Also, the officer never gave any adverse consequences when the defendant refused roadside tests as required by law. Also, 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. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Aug 4, 2025	Case: 25-MM-001760AP	Judge Hamilton
Facts:	The defendant was stopped for failing to use a turn signal. Officers noticed an odor of alcohol, incredibly slurred speech, droopy eye lids, a flushed face and bloodshot/watery eyes. He performed poorly on field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused a breath test.
Defense:	Parks & Braxton filed a motion to suppress all the evidence. In our motion, we alleged that the traffic stop was unlawful. Pursuant to Florida Statute 316.155(1) and Florida case law (i.e., State v Riley), a traffic stop can only be conducted for failure to use turn signal if other traffic is affected. Here, there was no traffic affected. Thus, the stop was unlawful and all the evidence subsequent to the stop would have been suppressed (excluded). The State agreed and Dismissed the DUI.
Result:	The DUI was dismissed.

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