DUI Wins

Aug 28, 2023	Case: 23-CT-500928	Judge Gill
Facts:	The defendant was stopped for speeding, making unsafe lane changes, and failing to stop at a red light. The officer observed an odor of alcohol, slurred speech, and a carefree attitude. His eyes were bloodshot and watery, and there was vomit inside the car. The defendant did not listen to various commands given by the officer. He was then asked to perform various field sobriety tests to which he refused. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	There was no video in the case. After pointing out several inconsistencies in the reports to the prosecutor, the State Dismissed the defendant's Second DUI.
Result:	The DUI was dismissed.

Aug 25, 2023	Case: AGR41NE	Judge Komninos
Facts:	officer located the car at a gas pump. The officer went up to the car and saw the defendant sitting in the driver's seat. The officers noticed an odor of alcohol, slurred speech, and a flushed face. Her clothes were soiled, she staggered, and was unsteady. She stated she had consumed two mixed drinks. She refused to performed field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	When the officer approached the defendant, her keys were in her lap and the engine was off. Issues were raised by the firm whether or not the State could prove she was in actual physical control. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Aug 25, 2023	Case: AGP07KE	Judge Komninos
Facts:	The defendant was stopped after he was observed drifting from side to side over the lane dividers several times. He also cut off another car which caused that car to brake and he also drove over the raised concrete median. Officers observed an odor of alcohol, he had slow/lethargic movements, and his eyes were bloodshot and watery. The defendant stated he had drank gin and was he was unsteady and swayed. A bottle of vodka was found in the car as well. He performed poorly on roadside tests and was arrested for DUI. He later blew a .132 and .130 in the breath machine.
Defense:	After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 23, 2023	Case: 23-CT-005113	Judge Taylor
Facts:	The defendant was found passed out in his car. The officer noticed an odor of alcohol, slurred/mumbled speech, unsteadiness, and he admitted to having drank 4 to 5 shots of whiskey. He was completely disoriented as well. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .137 and .134 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.

Aug 23, 2023	Case: 23-CT-007154	Judge Taylor
Facts:	The defendant was stopped for running a red light, weaving within his lane, and driving over the line markers several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He then performed several roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	Many observations that the officer made were contradicted by the video tape. After several conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 23, 2023	Case: 21-005980MU10A	Judge Lerner-Wren
Facts:	The defendant was involved in a crash with a police officer on the interstate. The defendant stated that he failed to slow down and subsequently collided with the marked police cruiser. A DUI investigating officer arrived on scene and observed an odor of alcohol, bloodshot eyes and constricted pupils. The defendant was read his Miranda warnings and changed his story several times. He performed the HGN (eye test), walk and turn test, as well as the one leg stand on video. However, because of the nature of the crash and position of the vehicles, it was difficult to see the details of the defendant's performance. The defendant was arrested for DUI and subsequently refused a breath test. The defendant had another DUI pending when this arrest occurred.
Defense:	Because the video was unclear regarding the defendant's performance on the field sobriety tests, Parks & Braxton filed a motion to depose the officers involved. On separate occasions the arresting officer failed to appear. Parks & Braxton filed a motion for rule to show cause requiring the officer to come into court and explain why he failed to appear. Counsel filed a motion to exclude the arresting officer as a witness in the case. The motion was granted. All of the officer's observations including the roadside exercises and refusal to submit to a breath test were excluded from court.
Result:	The DUI was dismissed.

Aug 22, 2023	Case: 23-CT-000907	Judge Culver
Facts:	The defendant was stopped after he was observed driving westbound in the eastbound lanes. He also hopped a grass median. Upon contact, the officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, appeared disoriented, was repeating himself, and was argumentative. After refusing to perform roadside tests, he was arrested for DUI. He 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 11, 2023	Case: 23-CT-025252	Judge Silverman
Facts:	The defendant was stopped for drifting over the center dotted lines, driving on the fog line, and drifting side to side continuously. The officer conducted a traffic stop and noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was repeating herself. She then performed various roadside tests. For example, on the one leg stand, she put her foot down 3 times and raised her arms for balance. On the walk and turn, she stepped off the line, raised her arms for balance, and took an incorrect number of steps. She was arrested for DUI and later 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.

Aug 10, 2023	Case: 23-CT-002556	Judge Rich
Facts:	The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he was unsteady. The defendant refused to perform field sobriety tests and was arrested for DUI. It should be noted that he attempted to blow but only provided one invalid sample of a .237. It was called a refusal because he was not blowing properly in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Aug 9, 2023	Case: 23-CT-024474	Judge Ingram
Facts:	The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, he admitted to having consumed three vodka drinks, and had bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later blew a .089 and .085 in the breath machine.
Defense:	Issues were raised by the firm as to the lawfulness of the traffic stop. We pointed out a lack of specifics regarding the alleged weaving such as the number of times, time frame, and distance. The State, after several conversations, Dropped the DUI.
Result:	The State dropped the DUI.

Aug 9, 2023	Case: 23-CT-024399	Judge Ingram
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and lethargic movements. The defendant fumbled and dropped his belongings. He also got out of the car slowly and appeared unsteady. He then performed various roadside 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.

Aug 9, 2023	Case: 23-CT-016275	Judge Ingram
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he stated he had consumed three beers. He also swayed while he stood. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI.
Defense:	After negotiations, the firm pointed out that on tape none of the defendant's normal faculties were impaired and there was no probable cause to arrest him for DUI. The State agreed and Dropped the DUI. He received no conviction in his record.
Result:	The State dropped the DUI.

Aug 9, 2023	Case: 23-CT-018688	Judge Ingram
Facts:	The defendant was stopped after making an improper turn and almost causing a collision. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He swayed while he stood, swayed while walking , and admitted to having drank alcohol earlier. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	Under Florida Statute 316.1932, a defendant cannot be asked for a breath test, nor read implied consent, until after being placed under arrest for DUI. Here, the officer requested a breath test and read implied consent on tape prior to arresting the defendant. In addition, on tape, his speech was normal and he was not swaying. The State Dropped the DUI down to a Civil Careless Driving infraction.
Result:	The State dropped the DUI.

Aug 9, 2023	Case: 23-CT-013443	Judge Ingram
Facts:	The defendant was stopped for swerving and having an expired tag. The officer observed an odor of alcohol, an odor of marijuana, and red/glossy eyes. He also had slurred speech, swayed while he stood, and had a hard time following simple instructions. The officer also noticed a pink tube with a smoked blunt in the car. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .123 and .118 in the breath machine.
Defense:	The firm pointed out that on tape no one can see how the defendant actually performed on the roadside tests. The officer's camera only showed the defendant from the waste up on the walk and turn and one leg stand.
Result:	The State dropped the DUI.

Aug 8, 2023	Case: 23-CT-002550	Judge Farr
Facts:	The defendant was stopped for traveling the wrong way on a one-way street. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank two beers. After performing various roadside tests, he was arrested for DUI. He later refused a breath test.
Defense:	After negotiations regarding the evidence just prior to trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 8, 2023	Case: 23-CT-000581	Judge Farr
Facts:	The defendant was stopped for speeding and causing another car to take evasive actions in order to avoid a crash. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .144 and .140 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.

Aug 8, 2023	Case: 23-CT-001561	Judge Woodard
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and bloodshot eyes. The defendant stated that he had consumed two mixed drinks. The defendant performed various roadside tests such as the walk and turn, one leg stand, and finger to nose. The officer also performed the HGN (eye tests) and estimation of 30 seconds. The defendant was arrested for DUI and later refused a breath test.
Defense:	Many of the details of the field sobriety tests were exaggerated in the reports as compared to the video tape.
Result:	The State dropped the DUI.

Aug 8, 2023	Case: 23-CT-001231	Judge Farr
Facts:	The defendant was stopped for speeding and drifting. The officer an noticed an odor of alcohol, a blank/dazed stare, and droopy eye lids. He also had slurred speech, watery/bloodshot eyes, and poor coordination. His movements were lethargic, he appeared tired, and also appeared confused. 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 Second DUI arrest.
Defense:	Many of the observations listed above were contradicted by the video tape. The defendant did not exhibit poor coordination, his speech was not slurred, and he did not appear confused. The State Dropped the DUI. It should be noted that the firm also got the defendant's first DUI dropped a couple of years ago.
Result:	The State dropped the DUI.

Jul 27, 2023	Case: 22-MM-016196	Judge Mckyton
Facts:	The defendant was observed docking his boat. Officers approached the boat to do a safety inspection. Once approaching the defendant, they noticed an odor of alcohol and he admitted to having drank earlier. They also noticed bloodshot eyes and slurred speech. He was then asked to perform various field sobriety tests such as the finger to nose, palm pat, and another coordination exercises due to him just getting off a boat. He was then arrested for Boating Under the Influence (BUI). He later refused a breath test. This was the defendant's Second DUI (BUI) and he was also charged with a Second refusal to submit to a breath test.
Defense:	Under Florida law, a defendant cannot be asked to take a breath test prior to being arrested for either Boating or Driving under the influence. Here, on video tape, the officer requested a breath test prior to the defendant being arrested. In addition, they told him his prior refusal would not count against him because it was over three years old. That is a misstatement of the law. Thus, the refusal to take a breath test would have been excluded from evidence. The State then Dismissed the refusal charge. In addition, on tape his speech was not slurred and his roadside tests were better than as described in the reports. The State agreed and Dropped the Boating Under the Influence charge.
Result:	The State dropped the DUI.