DUI Wins

Oct 11, 2023	Case: 23-CT-011956	Judge Moses-Stephens
Facts:	The defendant was stopped after he stopped past the stop bar and almost hit a curb making a wide turn. The officer noticed an odor of alcohol, heavy eyelids, slurred speech, unsteadiness, and a red face. The defendant stated that he had consumed 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .188 and .179 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.

Oct 10, 2023	Case: 23-CT-005183	Judge Farr
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes and she admitted to having consumed two glasses of wine. Her pants were unbuttoned and unzipped, there was fresh vomit on the driver’s door jam, and she was also unsteady. She then performed various 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.

Oct 9, 2023	Case: 22-CT-502880	Judge Gagliardi
Facts:	The defendant was found passed out in her car in a bar parking lot. Security officers from the bar called the police since she was unresponsive. When police arrived, the officer went up to the car and made efforts to wake up the defendant. The defendant would not respond to verbal commands, so the office began to shake her until she opened her eyes. He then began to speak with her to determine if she was in distress. Additionally, the officer asked for her driver's license. She was incoherent and her speech was slurred. The officer then noticed an odor of alcohol, bloodshot eyes, her pants were down, and she exhibited a significant lack of balance once out of her car. She performed extremely poorly on roadside tests which were captured on video and was arrested for DUI. She later blew a .098 and .099 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the unlawfulness of the initial seizure. In the motion, we alleged that there was no lawful basis for the officer to open her door and ask for a driver's license. Before the officer opened the door he had nothing more than a woman who was sleeping in a car. There were no allegations that she was slumped over the wheel or how long she had been there. The State's response was that the officer was conducting a welfare check to determine if the defendant was either sick or injured. Nonetheless, the officer never called fire rescue. In addition, the officer asked for the defendant's driver's license which makes clear that he was never genuinely concerned about her wellbeing. The law in Florida makes clear that once the officer asked for the defendant's driver's license she was detained. On the morning of the motion the State conceded the motion.
Result:	The State dropped the DUI.

Oct 3, 2023	Case: 23-CT-005697	Judge Farr
Facts:	The defendant was stopped for repeatedly weaving from side to side, driving under the speed limit, and also drifting over the lane markers. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	Many observations on the field sobriety tests were contradicted by the video tape.
Result:	The State dropped the DUI.

Oct 3, 2023	Case: 23-CT-006122	Judge Farr
Facts:	The defendant was found passed out in her car in the middle of the road. The gear shift was in drive and her foot was on the brake. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and she admitted to having consumed alcohol. On tape, her speech was very slurred. She then refused to perform any roadside tests and was arrested for DUI. She later refused a breath test.
Defense:	After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 3, 2023	Case: 23-CT-008126	Judge Farr
Facts:	The defendant was stopped for weaving, fluctuating speeds, and following too closely. The officer noticed an odor of alcohol, red eyes, and he appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .125 and .123 in the breath machine.
Defense:	The firm pointed out to the State that on three separate occasions interferent was detected on the breath machine when the defendant blew just prior to getting the .125 and .123. Thus, the breath test results may have been compromised by unknown interferent.
Result:	The State dropped the DUI.

Sep 28, 2023	Case: AGR3VYE	Judge Lawhorne
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He was also sweating, unsteady, swaying, and staggering. The defendant admitted to having consumed two beers. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense:	The firm pointed out to the State that almost everything the officer wrote was contradicted by the videotape. His speech was not mumbled, he was not off balance or unsteady, and he did much better on the field sobriety tests than as written. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Sep 27, 2023	Case: 23-CT-028195	Judge T. Brown
Facts:	The defendant was stopped for running a red light and not wearing a seat belt. The officer noticed an odor of alcohol, glossy/bloodshot eyes, and slurred speech. He also appeared confused and stated he had drank two beers. The defendant only performed the HGN (eye test) and then refused all further roadside tests. He was arrested for DUI and later refused a breath test.
Defense:	After several conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Sep 27, 2023	Case: 23-CT-026155	Judge T. Brown
Facts:	The defendant was observed staggering towards her car after exiting a bar. The defendant had her keys in her hand and then stepped into her car. Officers immediately requested her to step out. The observed her stagger, lean against the car for balance, and then they smelled an odor of alcohol. The also observed glassy eyes, dilated pupils, mumbling speech, and a flushed face. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	There was no reasonable suspicion of a crime justifying ordering her out of her car. Officers actually let her get into her car and had no clue why she was staggering. All the DUI observations were made after they illegally ordered her out of the car. Also, she was not in actual physical control because she had no "capability" to operate the car as she tossed the keys onto her passenger seat and the offices didn't even give her a chance to start the car.
Result:	The State dropped the DUI.

Sep 27, 2023	Case: 23-CT-006133	Judge Taylor
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. He later refused a breath test.
Defense:	On video tape, the defendant did not appear off balance or unsteady prior to roadside tests and his speech was not slurred. We also pointed out to the State that he had difficulty with the walk and turn and one leg stand exercises because he is 6 foot 4 and well over 230 pounds,. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 15, 2023	Case: 23-CT-007931	Judge Rich
Facts:	The defendant was stopped after the officer observed her strike two curbs and failing to maintain a single lane. Once stopped, he did not smell any alcohol, but noticed glassy eyes, slow/belabored movements, unsteadiness, and she admitted to taking her prescribed medications. Believing she was impaired by drugs, she then performed various field sobriety tests such as HGN (eye test), the walk and turn, and one leg stand. She was then arrested for DUI and later refused a urine test.
Defense:	The defendant admitted to taking two medications. One was a controlled substance, and one was not. The statement about the controlled substance was made in violation of her Miranda rights after she was arrested, in custody, and in the back of the police car. That drug she had admitted to taking was in a class of controlled substances called CNS Stimulants. The officer's observations of slow/belabored movements, as well as getting HGN (i.e. nystagmus in her eyes), was inconsistent with one who is under the influence of a stimulants. On the other hand, it would be consistent with the exact opposite, CNS Depressants. The State agreed that her statement was taken unlawfully. Without that statement, the State could not prove by which specific controlled substance was allegedly impairing the defendant pursuant to Florida Statute 316.193 (the DUI statute). The State then Dismissed the DUI.
Result:	The DUI was dismissed.

Sep 14, 2023	Case: 23-CT-003248	Judge Bristow
Facts:	The defendant was stopped after he was driving at a high rate of speed, making a wide turn, swerving, and almost colliding with other cars. The officer observed an odor of alcohol, he stated he had consumed 4 gin and tonics, and he also had red/glassy eyes. The defendant also appeared drowsy and looked like he was going to fall asleep. He performed poorly on roadside tests and was arrested for DUI. He later blew a .196 and .198 in the breath machine.
Defense:	After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 8, 2023	Case: 23-CT-014955	Judge Baker
Facts:	The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and she was sarcastic and angry. She was also observed to have stumbled. After performing field sobriety tests, she was arrested for DUI. She later refused a breath test.
Defense:	The firm pointed out to the State that nothing can be heard on tape because the officer had his car radio blasting music. Additionally, we also pointed out that the defendant never stumbled and also performed much better on the roadside tests on the video versus what was written in the police reports.
Result:	The State dropped the DUI.

Sep 8, 2023	Case: 23-CT-019984	Judge Atkin
Facts:	The defendant was the at fault driver in a rear end crash. When officers arrived, they did not notice any odor of alcohol, but did observe a drowsy face, slow motor movements, and slow/slurred speech. He was also swayed, staggered, stumbled, and had bloodshot eyes. Believing he was impaired by drugs, he then performed various roadside tests. He performed poorly and was arrested for DUI. He later provided a urine test which came back from FDLE positive for Xanax.
Defense:	The firm provided a prescription for the medication to the State. Although it is not a defense simply to have a prescription, it did help in our negotiations.
Result:	The State dropped the DUI.

Sep 7, 2023	Case: 22-CT-004058	Judge Green
Facts:	Police were called to a parking lot to do a welfare check. The caller was concerned because the male (i.e. the defendant) inside the truck was vomiting and extremely intoxicated. When the officer arrived, he noticed the defendant asleep in the driver's seat with the door open. There was a fresh pile of vomit outside the driver's side door. The keys to the truck were located on the driver's side front floorboard. Upon awakening the defendant, the officer noticed an odor of alcohol, slurred speech, bloodshot eyes, beers in the truck, and the defendant was extremally unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	After numerous negotiations short of jury trial, the State agreed they could not prove that the defendant was in actual physical control. He clearly had "no capability" to operate the truck as he was asleep, the door was open, and the keys were on the floorboard. He even told the cop that he was trying to do the right thing by not driving.
Result:	The State dropped the DUI.

Sep 7, 2023	Case: A76XDAE	Judge Cuervo
Facts:	The defendant was the at fault driver in a rear end traffic crash. Officers observed an odor of alcohol, a flushed face, and glassy eyes. Her speech was slurred and she appeared unsteady and off balance. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	After conversations with the State regarding the evidence, the State agreed to Drop the DUI.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 23-CT-000726	Judge Rich
Facts:	The defendant was stopped for speeding (89 mph in a 50 mph zone). The officer noticed an odor of alcohol, slurred speech, and a flushed face. He appeared confused, unsteady, and admitted to drinking. He 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 unsteady, and did not appear confused. The State, after reviewing the evidence, Dropped the DUI.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 23-CT-006426	Judge Rich
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, a blank/dazed stare, and poor coordination. He also observed fumbling fingers, slow/deliberate movements, and the defendant admitted to having drank two to three beers. After performing various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn, he was arrested for DUI. He later refused a breath test.
Defense:	Many observations written in the reports were contradicted by the video tape. After conversations with the State regarding the conflicts in the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 22-002853MM10A	Judge Francois
Facts:	The defendant was stopped for speeding and abruptly stopping at a red light. The initial officer observed a strong odor of alcohol and an open bottle of Corona in the front seat. A DUI officer was called to the scene to conduct a series of field sobriety exercises. At this time the defendant jumped back into his car and locked his arms around the steering wheel. The defendant began cursing at the officers. Ultimately, he was physically removed from his car. The defendant then performed and failed the HGN (eye test), walk and turn, as well as the one leg stand. He was subsequently arrested for DUI and refused a breath test. He was charged with both DUI as well as Resisting Without Violence.
Defense:	The information that the officers provided in their reports was inconsistent with both the video in the case as well as the client's version of the case. After pointing out the discrepancies to the prosecutor, they agreed to drop the DUI as well as the Resisting without Violence charges. The defendant walked away with no conviction on his record for anything.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-003727	Judge Rich
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol and glassy/watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. Believing he was on drugs as well, he was asked for a urine test to which he refused.
Defense:	The firm pointed out that that based on the police reports and video tape evidence, there was no probable cause to arrest the defendant for DUI. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs.
Result:	The State dropped the DUI.