DUI Wins

Apr 9, 2024	Case: 23-CT-011805	Judge Farr
Facts:	The defendant was stopped for running a red light. Officers observed an odor of alcohol, slurred speech, and glassy/watery eyes. He also admitted to having done "shots" of alcohol. After performing various roadside tests such as HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later blew a .189 and .186 in the breath machine.
Defense:	After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 3, 2024	Case: 23-CT-012799	Judge Gutman
Facts:	Police were called to a gas station for a person down call. Callers advised the defendant was crouched over in his car and unresponsive. Officers arrived and found the defendant unconscious in the driver's seat. They had to use sternum rubs to awaken him. They noticed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, disoriented, and unaware of everything that was happening. He refused to perform roadside tests and was arrested for DUI. The defendant subsequently 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.

Apr 3, 2024	Case: 23-CT-010802	Judge Gutman
Facts:	The defendant was found by police with his car stuck up against a tree. Officers noticed an odor of alcohol, very slurred speech, unsteadiness, and bloodshot/watery eyes. The defendant stated he had drank 4 to 5 beers and smokes as much weed as he can. His responses to the officer's questions were nonresponsive and made no sense. 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 regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2024	Case: AI9MN9E	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and glassy/watery eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .094 and .090 in the breath machine.
Defense:	We pointed out to the State that due to the .02 margin of error in the breath machine, both the defendant's breath samples could have been under the legal limit. In addition, on tape, the defendant's speech was not slurred, he walked normally, stood without swaying, was responsive and coherent, and in totality did not appear impaired. After conversations the with State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2024	Case: AI9MM8E	Judge Lawhorne
Facts:	The defendant was stopped for weaving back and forth and speeding. The officer noticed an odor of alcohol, watery eyes, and he had depressed reflexes. He staggered, had mumbling speech, and also swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2024	Case: AI9MLZE	Judge Lawhorne
Facts:	The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, he was nervous and shaking, had bloodshot eyes, and he admitted to having drank vodka and smoked pot. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	On tape, the defendant performed better on the field sobriety tests than as written in the reports. Also, his speech was not slurred and he was not off balance prior to any roadside tests. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2024	Case: AHPG4VE	Judge Vaccaro
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a dazed look. He also swayed while he stood and had bloodshot eyes. He performed the HGN (eye test), walk and turn and one leg stand exercises. He was then arrested and later refused a beath test.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 26, 2024	Case: 23-CT-020078	Judge Damico
Facts:	The defendant was stopped after she was observed by police driving in the bicycle lane and came to an abrupt stop less than a foot from a police car. The officer noticed an odor of alcohol, slurred speech, and open alcohol cans in the car. She performed various field sobriety tests such as the alphabet, estimation of 30 seconds, and walk and turn. She was subsequently arrested for DUI and later blew a .141 and .138.
Defense:	After several conversations with the State about the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 19, 2024	Case: 23-CT-056590	Judge Ingram
Facts:	The defendant was stopped for not wearing a seatbelt and accelerating and decelerating for no reason. The Officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having consumed three beers. He was clumsy, unsteady, and fumbled with his documents. He then performed various roadside tests and was arrested for DUI. He later blew a .175 and .172 in the breath machine.
Defense:	After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 19, 2024	Case: 23-CT-055650	Judge Ingram
Facts:	The defendant crashed her car into a concrete barrier. She then fled the scene running into the woods. Officers observed a tall glass bottle of tequila on the defendant's passenger floorboard of her abandoned car. About an hour after the crash, the defendant was found by police, a helicopter, and K-9 units hiding in the woods. She had scratches all over, slurred speech, glassy eyes, and droopy eyelids. She was arrested for leaving the scene of an accident and transported to the hospital. In the hospital parking lot, she refused to perform field sobriety tests and then received a DUI charge. She later refused a breath test.
Defense:	Under Florida law, for the State to convict one of DUI pursuant to Florida Statute 316.193, they must prove that the defendant was under the influence and impaired by either alcohol, a chemical and/or controlled substance. Here, there was no odor of alcohol, no statements about drinking or taking drugs, and no breath or urine test. One cannot simply be impaired by "something." In addition, officers are heard on body worn camera that they don't think they have "enough" to charge her with DUI and only enough evidence to charge her with leaving the scene of an accident. Yet they still arrested her for a DUI. After conversations the with prosecutor, the State Dismissed the DUI.
Result:	The DUI was dismissed.

Mar 18, 2024	Case: 23-CT-002478	Judge Justice
Facts:	The defendant lost control of his car and crashed into a tree. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and glassy/watery eyes. He had a flushed face, was unsteady, and was repeating things. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .201 and .195 in the breath machine.
Defense:	The firm provided documentation to the State that the breath machine in question was taken out of service shortly after the defendant was arrested. Thus, the reliability of the defendant's results and the machine itself were called into question. We also provided medical documentation that the defendant had received injuries from the airbags during the crash, yet the officer still had him try to stand on one leg and do a walk and turn. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 14, 2024	Case: AI9MOAE	Judge Lawhorne
Facts:	Police were called via dispatch as the defendant was "driving in circles." When officers spotted the car driven by the defendant, they observed her to be driving on a flat tire and failing to maintain a single lane. Officers observed an odor of alcohol, slurred/mumbled speech, and she stated that she had consumed two drinks. The defendant was unsteady, she staggered, and she swayed while she stood. She performed poorly on roadside tests. For example, she recited the alphabet incorrectly, and on the one leg stand, she put her foot down six times and used her arms for balance. She was arrested for DUI and later blew a .179 and .181 in the breath machine.
Defense:	After several negotiations with the State regarding the defendant and the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 13, 2024	Case: 23-CT-012317	Judge Stone
Facts:	The defendant was stopped for swerving in and out of the lanes of travel and also driving below the speed limit. Once stopped, the officer noticed an odor of alcohol and he appeared very nervous. The defendant then performed the HGN (eye test) and finger to nose. He told the officers that he had medical issues with his feet and surgeries so he could not do the one leg stand or walk and turn. He was arrested for DUI and later refused a breath test.
Defense:	Prior to trial the firm provided the State with pictures of the defendant's feet and legs showing the medical issues. We did this to show that he was telling the truth to the officers. The officer did not have any body worn camera or dash camera. There was a video at the station and it showed the defendant standing ok, walking ok, and speaking normally.
Result:	The State dropped the DUI.

Mar 11, 2024	Case: 23-CT-503064	Judge Gonzalez
Facts:	The defendant was the at fault driver in a traffic crash whereby he T-boned another car at an intersection. When officers arrived, they noticed an odor alcohol and bloodshot eyes. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. There was no video. He was then arrested for DUI and later blew a .121 and .113 in the breath machine.
Defense:	After numerous discussions and negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 7, 2024	Case: 23-MM-013061	Judge Mckyton
Facts:	The U.S. Coast Guard stopped the defendant's boat for not having navigational lights on after dark. The officers noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He produced the wrong documents and forgot to respond to requests. He then performed various field sobriety tests used in Boating Under the Influence cases such as finger to nose, palm pat, and hand coordination. He was arrested for BUI and later refused a breath test. The coast guard turned over the arrest to a local police department.
Defense:	The agency which conducted the roadside tasks was the U.S. Coast Guard. They had no body worn cameras and their police reports were vaguely written with no specifics. After conversations with the State, they Dropped the Boating Under the Influence (BUI).
Result:	The State dropped the BUI.

Mar 7, 2024	Case: 23-CT-002559CTAXES	Judge Poblick
Facts:	Dispatch was notified about a driver (i.e., the defendant) driving erratically and weaving in and out of the lanes. The police spotted the vehicle and also observed him swerving all over, almost striking other cars. Once they got him stopped, they observed an odor of alcohol, he admitted to having consumed 3-4 drinks, had slow reflexes, and he kept repeating the same thing. He also had a sway to his stance and had slow movements. He performed poorly on field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
Defense:	Many observations written in the police reports were contradicted by the video. After negotiations with the State regarding the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 6, 2024	Case: 23-CT-055130	Judge T. Brown
Facts:	The defendant was found by the police passed out in the driver's seat of her car at an intersection. Officers banged on the door multiple time without success. After numerous attempts to awaken her, fire rescue had to break the window to gain entry. She was then taken out of the car while still passed out. EMS used Narcan, but still got no response. A relative arrived on scene who advised that he had received a call that she had been drinking at a friend's house. She was then taken to the hospital. The officer then went to the hospital and observed her mumbling and she could not keep her eyes open. Blood was then drawn. The State Attorney's Office proceeded to get the results to see if there was any alcohol and/or drugs in her system. The blood revealed a blood alcohol result of over 500 (the equivalent of a .50 breath alcohol level, over 6 times the legal limit).
Defense:	During discovery, the firm raised issues with the State about the lawfulness of the circumstances surrounding the blood draw. After conversations and negotiations with the State about the collection of the blood, they Dropped the DUI in which the defendant's blood alcohol over was over six times the legal limit.
Result:	The State dropped the DUI.

Mar 5, 2024	Case: 23-CT-015573	Judge Scott
Facts:	The defendant was stopped by police as he was observed driving the wrong way on a one-way road. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/incoherent speech. He also swayed and appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .180 and .175 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.

Mar 4, 2024	Case: 23-CT-054088	Judge Atkin
Facts:	The defendant was the at fault driver in a traffic crash. He pulled out of a parking lot without yielding and struck a car. Officers arrived and noticed an odor alcohol, his speech appeared confused, and stated he had drank a few beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .106 and .104 in the breath machine.
Defense:	An officer is required to conduct a 20-minute observation of a defendant prior to them taking a breath test to assure they haven't burped, regurgitated, and/or taken anything by mouth. Here, we could see the defendant on body worn camera being booked into the jail and placed in a holding cell. Fifteen minutes later he is given the breath test. Thus, he was only observed for 15 minutes, not 20 minutes as required. No one was watching him in the locked and sealed holding cell. Thus, the State knew they would lose the breath test in a pretrial motion. Also, we provided medical documentation and X rays from the defendant showing he had various injuries to which he told the officer about on tape. That was disregarded and the officer still had him do physical tests such as the walk and turn and one leg stand. Prior to trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 4, 2024	Case: 23-MM-044109	Judge Atkin
Facts:	An officer observed the defendant drive through a bar parking light at night with no lights on, he appeared to be struggling to stay wake, and he was bobbing his head with his eyes closed at times. The officer made contact with the defendant and observed an overwhelming odor of alcohol, slow/slurred speech, and watery eyes. He was asked to step out of the car. When the defendant was questioning why he had to step out, he was physically extracted from the vehicle. The defendant was then taken to the ground and handcuffed. He later stated he had drank four beers. The defendant was arrested for DUI and resisting an officer without violence. He later refused a breath test.
Defense:	On tape, it was obvious the officer overreacted and acted prematurely violently toward the defendant. The defendant received an unnecessary beating which was done off camera. Due to him having been pulled out and taken to the ground, there was no actual DUI investigation conducted. After conversations with the State and having them having them review the tape, they Dropped the DUI and Dismissed the resisting without violence charge.
Result:	The State dropped the DUI.