DUI Wins

Apr 4, 2023	Case: 22-CT-015471	Judge Farr
Facts:	The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed and had difficulty focusing on basic questions. The defendant refused to participate in field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	The video contradicted the police reports. On tape, his speech was not slurred and he was not off-balance (never swayed).
Result:	The State dropped the DUI.

Mar 29, 2023	Case: 22-CT-057295	Judge Jacobus
Facts:	The defendant was observed traveling in both lanes of travel with no lights. She was also crossing the over the solid yellow lines multiple times. Officers noticed an odor of alcohol, watery eyes, and a flushed face. She also had slurred speech and her movements were clumsy. After performing various roadside tests, she was arrested for DUI. She later blew a .200 and .192 in the breath machine.
Defense:	The defendant did not speak any English. There were numerous miscommunications throughout the DUI investigation. After pointing out all of the miscommunications to the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 29, 2023	Case: 22-CT-016210	Judge Taylor
Facts:	The defendant was stopped for driving with no lights. The officer noticed an odor of alcohol, red/glassy eyes, and slurred speech. The defendant stated he had drank two beers. The officer smelled vomit on the defendant's shirt. He then performed numerous field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI and later blew a .163 and .157 in the breath machine.
Defense:	After negotiating with the State about the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 29, 2023	Case: 22-CT-054860	Judge Musselman
Facts:	The defendant was stopped for making a slow turn, driving more than ten miles under the speed limit, and driving onto the fog line at multiple points. The officer observed an odor of alcohol, slurred speech, and repetitive statements. He appeared unsure, clumsy and confused. He then performed various field sobriety tests and was arrested for DUI. He later blew a .146 and .145 in the breath machine.
Defense:	After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-000099	Judge Conrad
Facts:	Officers stopped the defendant after they received a call about a domestic disturbance. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also appeared drowsy, was sweating profusely and had droopy eyelids. He then performed various roadside tests and was arrested for DUI. He later blew a .147 and .136 in the breath machine.
Defense:	The lawfulness of the traffic stop was called into question. There were no corroborating facts other than a call about a "domestic disturbance" to justify the traffic stop.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-501323	Judge Gagliardi
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and thick tongued/slow speech. He also had an uneven walk and an odor of marijuana was also detected. He then performed the HGN (eye test) and refused to perform any further roadside tests. He was the arrested for DUI and later refused a breath test.
Defense:	The written reports made the defendant out to seem very impaired. That was contradicted by the videotape evidence.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: A6SA7IE	Judge Hessinger
Facts:	The defendant was stopped for swerving after callers dialed 911 stating that the defendant was driving recklessly. Officers observed an odor of alcohol, the defendant admitted to having drank one beer, and he also had glassy eyes. The defendant refused to exit the car after multiple commands. He was then arrested for resisting an officer without violence. At the station, he was asked to perform field sobriety tests. The defendant agreed to perform only HGN (eye test), and then refused to perform further roadside exercises. He was then charged with DUI. He later refused a breath test.
Defense:	The firm raised issues regarding the lack of evidence to charge the defendant with DUI. In other words, a lack of probable cause. The State Dropped the DUI and he received no conviction on the resisting charge.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: AFWDCQE	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The defendant had an odor of alcohol, a flushed face, was fumbling around, and slow in her actions. The defendant's speech was stuttered and she admitted to having drank White Claws. She performed poorly on roadside tests such as the walk and turn, finger to nose, and one leg stand. She was arrested for DUI and later blew a .146 and .139 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.

Mar 28, 2023	Case: 22-CT-500997	Judge Gagliardi
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. Her face was red and she had trouble retrieving her documents. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	There was doubt as to whether there was even probable cause to arrest the defendant. On tape, we pointed out to the State that the officer can be heard on the body worn camera stating I think you "might" be impaired. We pointed out that defendant's normal faculties weren't impaired and on tape her speech was normal. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-500975	Judge Gagliardi
Facts:	Citizens dialed 911 stating that the defendant was failing to maintain her lane. Officers observed the defendant exit a parking lot without stopping and she failed to yield. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant refused to do roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
Defense:	There were three 911 calls. Oddly enough, one of the calls stated that they had no idea why police were pulling the defendant over as she did nothing wrong. This was immediately pointed out to the prosecutor. Also, although the stopping officer had a dash camera, it was never turned on for some unknown reason during the traffic stop to capture any alleged driving. Also, when a defendant refuses roadside tests, officers must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer didn't give any consequences. In addition, the officers were very aggressive and rude towards the defendant on the body worn cameras for no reason. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-500131	Judge Gagliardi
Facts:	The defendant was found passed out in his car after crashing into a fence and ending up in a ditch. The car was facing southbound in the northbound direction. The window had to be broken to gain access. Officers observed the defendant with agonal breathing and was unconscious. EMS arrived on scene and began to administer Narcan. The defendant was awakened and then transported to the hospital. The defendant's speech was slurred and his pupils were dilated. He admitted to having taken muscle relaxers, other controlled substances, and some unknown white pill. The defendant was charged with DUI. Records later revealed the presence of controlled substances.
Defense:	The various medications found in the defendant's system were prescribed. We pointed out to the State that he had a bad reaction to the doctor's mixing various medications through no fault of his own.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-008993	Judge Conrad
Facts:	The defendant stumbled out of her car while officers were investigating a traffic crash. They went up to the defendant and noticed an odor of alcohol. She was unsure how much alcohol she had consumed and had glossy eyes. Her speech was slurred and she couldn't stand up straight without falling. She performed very poorly on roadside tests and was arrested for DUI. She later blew a .151 and .146 in the breath machine.
Defense:	After several talks with the prosecutor about the facts and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-014179	Judge Conrad
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .153 and .150 in the breath machine.
Defense:	After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 24, 2023	Case: 22-CT-018414	Judge Zuckerman
Facts:	The defendant was the at fault driver in a rear end crash involving three other cars. Officers noticed the defendant to have an odor of alcohol, red/watery eyes and he was inattentive at times. He also admitted to having drank wine. Due to a physical disability, the defendant performed nonphysical field sobriety tests such as HGN (eye test), ABC's, hand coordination, and the palm pat. The defendant told the officer about a medical condition so the officer, on his own without consulting the jail, decided to ask for a blood test, rather than arresting the defendant and taking him to jail. The defendant agreed and the blood alcohol results later revealed a BAC of .084 and .084 (just over the legal limit). He was then charged with DUI.
Defense:	When an officer requests blood outside a hospital and there is no death or serious bodily injury to another, the officer must advise the defendant that it is being offered as an alternative to a breath or urine test. Here, the officer did not. In addition, the blood was coerced as the officer told the defendant that if he provided blood, he would not go to jail, so of course the defendant agreed. Thus, the blood was not taken voluntarily. The State agreed that the blood test was unlawfully taken and they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 23, 2023	Case: 22-CF-012829	Judge Goudie
Facts:	The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol and bloodshot/glassy eyes. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. In a search incident to arrest, cocaine was found and he was also charged with Felony Possession.
Defense:	Under Florida law, when a defendant refuses to perform field sobriety tests, a defendant must be warned of adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer did not advise the defendant of any adverse consequences. Thus, the refusal would have been excluded. The State Dropped the DUI and the defendant received no criminal conviction on the Felony charge and no additional penalties.
Result:	The State dropped the DUI.

Mar 22, 2023	Case: 22-CT-055110	Judge Silverman
Facts:	The defendant was stopped for driving under the speed limit, intermittently pressing his brakes, and swerving across the double yellow lines. The officer noticed an odor alcohol, glassy eyes, and slurred speech. He swayed while he stood and had fumbled dexterity. When asked for his driver's license, he gave a debit card. The defendant stated he had drank 4 beers. After performing field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense:	After several conversations with the prosecutor about the evidence and the defendant himself, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 22, 2023	Case: 22-CT-049517	Judge Silverman
Facts:	A store clerk had called the police regarding and intoxicated person seated inside of a double parked car. Police had received a call earlier about the same car driving recklessly and almost crashing into a ditch. When officers arrived, they observed the car double parked. The defendant was awoken and the officer noticed an odor of alcohol, watery eyes, and slurred/mumbled speech. She also had changing emotions. She performed poorly on roadside tests and was arrested for DUI. She later blew a .167 and .167 in the breath machine.
Defense:	The State could not prove she was in actual physical control. They could not prove she had the "capability" to operate the car as she was not only sleeping, but the keys were in her purse. The State Dropped the DUI and she received No Conviction on her record.
Result:	The State dropped the DUI.

Mar 17, 2023	Case: 21-003075MU10A	Judge Francois
Facts:	The defendant was stopped for speeding as well as making a right turn on a red light without stopping. In the police reports, the officer indicated that he observed a series of DUI observations including a strong odor of alcohol, bloodshot eyes as well as slurred speech. Several officers stated that the defendant began threatening to kill law enforcement and exhibited extremely violent behavior. The defendant was subsequently placed in cuffs and arrested for DUI. He later refused to submit to a breath test.
Defense:	The video was clearly much different from the reports. Specifically, the police body worn camera shows four different officers pulling the defendant over at gunpoint. They immediately cuffed him. Parks and Braxton filed a motion to suppress based on the fact that the officers violated the defendant's constitutional rights by pulling him over at gunpoint for a traffic infraction. The state conceded the merits of the motion and subsequently dropped the DUI. The defendant received no conviction on his record.
Result:	The State dropped the DUI.

Mar 15, 2023	Case: 22-CT-003855	Judge Dekleva
Facts:	The defendant was stopped for almost causing a head on collision and straddling lane markers. Officers noticed an odor of alcohol and a strong odor of marijuana. He also had bloodshot/glassy eyes, slow movements, and he stated he had consumed two drinks. He then performed various roadside tests and was arrested for DUI. He then blew a .151 and .141 in the breath machine.
Defense:	After several conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 15, 2023	Case: 22-CF-011292	Judge Kiser
Facts:	The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, bloodshot/watery eyes, and a wristband form a club. He then performed various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn. He was then arrested for DUI. He later blew a .091 and .084 in the breath machine. In addition, in a search incident to arrest, officers found cocaine and he was also charged with Possession of Cocaine.
Defense:	The firm pointed out to the State that due to the .02 margin of error, both breath test results could have been under the legal limit. The State agreed and Dropped the DUI. In addition, the defendant received no conviction or penalties on the Felony Possession charge.
Result:	The State dropped the DUI.