Results

May 12, 2026	Case: 25-CT-062879	Judge T. Brown
Facts:	The defendant was stopped for making an improper right turn at a high rate of speed and almost striking the curb. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He also used the car for balance and stumbled. He refused to perform the field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
Defense:	When a defendant refuses to perform field sobriety tests, an officer must advise them of adverse consequences (i.e., Taylor warnings) or the refusal will be excluded from evidence. The officer must state something like "your refusal can be used against you in court", or "I will have to make my decision to arrest based on what I've seen so far." Here, there were no adverse consequences. After conversations with the State prior to trial, they Dropped the DUI.
Result:	The State dropped the DUI.

May 12, 2026	Case: 25-MM-058267	Judge T. Brown
Facts:	The defendant was stopped for driving at a high rate of speed on a residential roadway. Officers observed an odor of alcohol, an odor of burnt marijuana, he stumbled several times, and struggled to maintain his balance. His speech was slurred/confused and his eyes were bloodshot. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .202 and .201 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.

May 7, 2026	Case: 25-076882MU10A	Judge Carpenter-Toye
Facts:	The defendant was found sleeping in the vehicle, still in drive, with her foot on the brake. The defendant's foot slipped off the brake, and she began rolling towards a patrol car. The defendant placed the vehicle in park. The police observed slow and slurred speech, an odor of alcohol and bloodshot eyes. The defendant admitted she just left a bar and consumed two Miller Lite cans of beer. The officer asked the defendant to perform field sobriety exercises and she refused. She was subsequently arrested for DUI. This was the defendant's second offense.
Defense:	Parks & Braxton filed a motion to exclude any mention of refusing to submit to testing. During my examination of the officer, she changed her story a number of times. Ultimately, the Court granted the motion and found that the police officer lacked credibility.
Result:	The State dropped the DUI.

May 7, 2026	Case: 24-000552CFAXMX	Judge Ward
Facts:	The defendant was driving a chartered bus for a high school grad night celebration. During the ride, the defendant was swerving all over the road. Many of the children contacted their parents regarding the defendant's dangerous operation of the bus. Eventually, a parent drove their vehicle in front of the bus forcing my client to stop. The police came on scene to conduct an investigation. The police located a Yeti cup sitting next to the defendant containing alcohol. The defendant had an empty can of Bahama Breeze in the garbage next to his seat. The police recovered a video showing the defendant purchasing alcohol just prior to the incident. The vehicle also showed that the defendant was extremely unsteady on his feet. Prior to the administration of the roadside test the officers observed extremely slurred speech, a strong odor of alcohol, as well as bloodshot eyes. The defendant performed poorly on all testing and was arrested for DUI. The defendant was charged with 31 counts of felony child neglect, culpable negligence, as well as DUI. The case made national news.
Defense:	Parks & Braxton took a deposition of the lead detective. During the deposition, the detective was shown a video whereby the defendant said he was diabetic. The detective then called for paramedics to administer a prick test to determine his blood sugar level. In deposition, the detective testified that she was told the defendant tested within normal range. However, when the audio was amplified it became clear that the detective was mistaken and the defendant had a high blood sugar level. The detective admitted that hyperglycemia can mirror the effects of impairment from alcohol. She then testified that while she believed the defendant was impaired from alcohol, she could no longer discount the impact of the high blood sugar level. She then testified that she could not testify that the defendant was DUI beyond all reasonable doubt. The defendant resolved the case to a reckless driving. As a result, he was able to keep his commercial driver's license. 31 charges were dismissed.
Result:	The State dropped the DUI to a reckless driving.

May 7, 2026	Case: 26-CT-010008	Judge Skinner
Facts:	The defendant was stopped after she violated the "move over" law in addition to weaving. Officers observed an odor of alcohol, she admitted to having drank beer, she had an unsteady gait, and at times she would stumble. She also had slurred speech and watery eyes. She only performed the HGN (eye test) and then refused to perform any other field sobriety tests. She was arrested for DUI and later blew a .134 and .132 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 7, 2026	Case: 25-CT-057020	Judge Skinner
Facts:	The defendant was stopped for driving 107 mph in a 40 mph zone. Officers noticed an odor of alcohol, glossy/red eyes, stuttered speech, and sluggish movements. He 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. This was his Second DUI arrest.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 7, 2026	Case: 25-CT-015147	Judge Valkenburg
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy/watery eyes, slow speech, unsteady balance, and lethargic movements. He performed the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .097 and .095 in the breath machine.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 6, 2026	Case: 24-106448MU10A	Judge Evans
Facts:	The defendant was found passed out in the middle of the road during daylight hours. When the police woke her up, she pressed the gas pedal and crashed into a police car directly in front of her. The police observed a strong odor of alcohol as well as bloodshot watery eyes. The defendant agreed to perform field sobriety exercises. She performed poorly on the walk and turn test as well as the one leg stand. She was arrested for DUI and refused a breath test.
Defense:	The defendant had recently lost her daughter and was not sleeping very well. In addition, the defendant was 72 years old at the time of the incident. An officer is supposed to take into consideration certain factors including age when administering field sobriety tests. The officer did not consider other factors regarding why the defendant drove and performed the way she did that day. Parks & Braxton announced ready for trial. On the morning of trial, the prosecutor dropped the DUI.
Result:	The State dropped the DUI.

May 6, 2026	Case: 25-CF-018034	Judge L. Alvarez
Facts:	The defendant crashed his car into the back of a semi-truck and was lodged underneath it. Officers noticed an odor of alcohol, red/bloodshot eyes, and slurred speech. He was also very unsteady on tape. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI within ten years and he was charged with a Felony DUI.
Defense:	In negotiations with the prosecutor, we pointed out that the airbags had hit the defendant during the crash. Thus, any impairment such as his slurred speech and/or unsteadiness, could have been as equally due from the severity of the crash versus alcohol. The State Dropped his Felony DUI.
Result:	The State dropped the DUI.

May 5, 2026	Case: 25-006738MM10A	Judge Brown
Facts:	The defendant was observed sleeping in a parked vehicle with the engine running. The officers banged on the window and woke the defendant up. The defendant's speech was extremely slurred, he was unsteady on his feet, he had a strong odor of alcohol on his breath, and his eyes were bloodshot and watery. The police had come into contact with the defendant earlier that evening whereby he acknowledged drinking. He was directed not to drive. He was subsequently arrested for DUI and refused to perform a breath test. This was the defendant's second offense for DUI.
Defense:	While the video made clear that the defendant was impaired, Parks & Braxton filed a motion to dismiss based on a necessity defense. Specifically, the vehicle that the defendant was sleeping in was in a parking lot adjacent to his home. Inside the home was his girlfriend who was acting violently towards the defendant. In an effort to avoid the physical harm, and de-escalate the situation, the defendant left the home and entered the vehicle. In deposition, the arresting officer acknowledged that sleeping in a vehicle was safer than an intoxicated person walking the streets. In addition, the officer admitted in testimony that sitting in a vehicle was safer than remaining in a violent situation. The defendant was in imminent danger, the harm of sitting in a vehicle as an impaired person outweighed the violent situation in his home, and there was no reasonable alternative. These facts satisfy the elements in the motion to dismiss.
Result:	The State dropped the DUI.

May 4, 2026	Case: 24-128836MU10A	Judge Merrigan
Facts:	The defendant was stopped for weaving on the highway. The Trooper stated that other vehicles had to brake and swerve to avoid the defendant. The Trooper observed an odor of alcohol, bloodshot eyes, and slurred speech. The Trooper asked the defendant to provide field sobriety tests but refused. She was also asked to provide a breath test prior to arrest. She subsequently refused and was arrested for DUI. This was the defendant's second offense.
Defense:	Counsel for the defendant argued to the DMV that the request to provide a breath test was unlawful and contrary to Florida law. As a result, her driving privileges were fully reinstated. In addition, the defendant completed a program within Veteran's Court. As a result, the charges were dismissed.
Result:	The DUI was dismissed.

Apr 30, 2026	Case: 25-CT-019709	Judge Scott
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, red eyes, slurred speech, and she had difficulty following directions. According to the officer, she performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 30, 2026	Case: 25-CT-000866	Judge C. Brown
Facts:	The police stopped the defendant after 911 calls went out about the defendant failing to maintain her lane and striking a guardrail. Officers noticed an odor of alcohol, droopy eyelids, and red/watery eyes. She appeared unsteady, admitted to drinking beer, and fumbled with her documents. She performed very poorly on tape on the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later blew a .201, .170, and .191 in the breath machine.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 28, 2026	Case: 24-124020MU10A	Judge Evans
Facts:	The defendant was found slumped over the wheel at a red light located at the end of the exit to the highway. The police called out multiple times for the defendant to wake up. Eventually, the officer reached inside the vehicle and poked him with his baton to wake him up. The officers immediately observed an odor of alcohol, bloodshot eyes and stated that the defendant was extremely confused. They asked questions, but the defendant could not provide clear answers and was slurring his words. The defendant refused to perform both field sobriety tests as well as a breath test and was arrested for DUI.
Defense:	Florida law requires the police to arrest an individual prior to a request for a breath test. In addition, the law requires the police to provide the defendant with adverse consequences upon refusal of any field sobriety tests. Neither were done, and Parks & Braxton filed a motion to exclude the refusal of the breath test as well as the field sobriety tests. The prosecutor conceded the motions and dropped the DUI.
Result:	The State dropped the DUI.

Apr 28, 2026	Case: 25-CT-503916	Judge Gonzalez
Facts:	The defendant was found passed out in his truck in a parking space just outside of the bars. Upon awakening him, officers noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having drank two beverages. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	On tape, the defendants can be heard telling the officers, "I was doing what you all want me to do." What he meant was, he was doing the right thing by not driving and going to sleep it off. Although that is not a legal defense, it was brought up in mitigation conversations with the prosecutor. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 27, 2026	Case: 26-CT-011126	Judge Koenig
Facts:	The defendant was stopped for tailgating a box truck and swerving within the lanes several times. Officers noticed an odor of alcohol, his movements were slow, slightly stumbling. He also had stuttering/slurred speech and glassy/watery eyes. There was a case of beer on the on the front passenger floorboard. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .197 and .196 in the breath machine.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 27, 2026	Case: 26-CT-012302	Judge Ingram
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, he struggled finding his documents, had poor dexterity, and had glassy eyes. The defendant denied consuming any alcohol. He initially refused to perform any field sobriety tests, then changed his mind. He performed very poorly on tape on the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 27, 2026	Case: 25-MM-049219	Judge Ingram
Facts:	The defendant was stopped because the officer knew that he had a suspended license from a previous traffic stop with him a few weeks earlier. When the officers approached the car, they noticed numerous drug paraphernalia items such as a grinder, a pipe, and several baggies labeled as mushroom gummies. According to the officers, he swayed, had slurred speech, almost fell backwards, and had very slow/slurred speech. There was no odor of alcohol. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later provided a urine sample. It came back from FDLE with positive results for marijuana.
Defense:	First, there was no indication anywhere that the officers smelled any marijuana coming from the defendant's person or breath, only the car. Also, he performed practically perfect on the field sobriety tests on tape versus what they had written in the police reports. That is of course what we could see because the new cop was blocking half of his performance with her clipboard over her body worn camera. On tape, his speech was not slurred and totally normal. Also, you can hear and see the arresting officer get all giddy after the arrest, stating, "this is my first DUI." After negotiations, the State Dropped the DUI down to a Civil Careless driving infraction.
Result:	The State dropped the DUI.

Apr 27, 2026	Case: 25-CT-059605	Judge Ingram
Facts:	The defendant was stopped for driving with an inoperable headlamp, weaving, and striking a curb. Officers noticed an odor of alcohol, glassy/dilated eyes, he swayed and stumbled once. They also saw a beer in the center console and vomit all over the inside door. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, finger to nose, count backwards from 67 to 37, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	On the body worn cameras, one cop can be heard telling the other cop, "he is talking normal to me, and I don't think he is signal 1." Signal 1 is the police code for DUI. Another female cop is heard saying, "I don't think it is going to be alcohol." In one report they wrote he had written they noticed an odor of alcohol, but in another report, they did not even mention an odor at all.. There was absolutely no indication drugs were involved at all. Due to credibility issues with the officers, the State Dropped the DUI after the firm discussed the above mentioned issues on tape.
Result:	The State dropped the DUI.

Apr 23, 2026	Case: 25-CT-004279	Judge Gould
Facts:	The defendant was stopped for drifting within the lanes and also over the fog lines. The officer observed an odor of alcohol, bloodshot/watery eyes, and he stated that he had consumed five beers. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), finger to nose, and estimation of 30 seconds. The one leg stand and walk and turn exercises were not performed due to the defendant's injuries. He was arrested for DUI and later blew a .174 and .169 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

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