DUI Wins

Dec 1, 2023	Case: AGP1ZDE	Judge Komninos
Facts:	The defendant was stopped for driving with only one headlight. The officer noticed an odor of alcohol, a flushed face, a sway to his stance, and bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	On tape, the defendant's speech was normal, he was not off balance, and he performed very good on the field sobriety tests. We put forth to the State that there was a lack of probable cause to arrest him.
Result:	The State dropped the DUI.

Dec 1, 2023	Case: AHC3ZSE	Judge Komninos
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/thick tongued speech, and watery eyes. She also had dilated pupils, an odor of marijuana, and she exited her car slowly. The defendant refused to perform roadside tests and was arrested for DUI. She 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.

Dec 1, 2023	Case: AI9MB4E	Judge Komninos
Facts:	The defendant was stopped for running a red light and almost causing a crash. The officer noticed an odor of alcohol, mumbling/slurred speech, and glassy eyes. He staggered, swayed, and appeared off balance. He then performed the walk and turn, one leg stand, and HGN (eye test) and was arrested for DUI. He later blew a .138 and .133 in the breath machine.
Defense:	On video, the defendant's speech was normal, he was not off balance, and he did not stagger. His performance on the field sobriety tests was nearly perfect . This clearly showed that he may have been under the legal limit at the time of driving and was absorbing alcohol when he blew into the breath machine.
Result:	The State dropped the DUI.

Nov 29, 2023	Case: 23-CT-037575	Judge Garagozlo
Facts:	The defendant was stopped for speeding and failing to yield to a police car. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and the defendant was smiling and chuckling. He was clumsy and unsure in handling his documents. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and blew a .087 and .082 in the breath machine.
Defense:	Under Florida law, one can only be requested to take a breath test after they have been lawfully arrested for DUI. We do not have pre-arrest breath tests in Florida. Here, on tape, the officer asked the defendant for a breath test prior to arresting him. When the defendant stated that he did not want to take it, he was immediately arrested for DUI. While being handcuffed, he then stated that he would take it, but was still placed under arrest. Thus, the State knew that the breath test would be excluded for two reasons. One, he was asked for the breath test prior to being arrested. Secondly, he only took it under duress and coercion in an attempt to not be arrested.
Result:	The State dropped the DUI.

Nov 29, 2023	Case: 23-CT-010062	Judge Gutman
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol and watery/glossy eyes. The defendant performed various field sobriety tests and was arrested for DUI. He later blew a .091 and .090 in the breath machine.
Defense:	Due to a .02 margin of error in the breath machine, the firm was able to place the defendant's breath tests results under the legal limit. In addition, on tape, the defendant's speech was normal, he was responsive and coherent, and not off balance or unsteady.
Result:	The State dropped the DUI.

Nov 28, 2023	Case: 23-CT-008239	Judge Farr
Facts:	The defendant was stopped for driving without headlights at night. The officer observed an odor of alcohol, glassy eyes, and an unsteady balance. The defendant needed to lean on the officer’s front bumper and an electric box for balance. He performed poorly on roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later blew a .125 and .118 in the breath machine.
Defense:	After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 28, 2023	Case: 23-CT-001523CTAXWS	Judge Grey
Facts:	Officers found the defendant sitting in her car with the engine running while parked in a center grass median. Officers observed an odor of alcohol, bloodshot eyes, and she stated she had way too much to drink. When asked how much alcohol she had consumed, she stated, a lot. Her speech was mumbled/slurred, her face was pale, and she was sleepy and lethargic. She refused to perform field sobriety 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.

Nov 28, 2023	Case: 23-CT-009434	Judge Gutman
Facts:	The defendant was stopped for speeding, running a red light, and drifting back and forth in his lane. The officer noticed an odor of alcohol, slurred speech, a blank/dazed stare, and poor balance. He had slow/lethargic movements and he admitted to having drank a few beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .173 and .176 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.

Nov 28, 2023	Case: 23-CT-007818	Judge Conrad
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, the defendant was sweating profusely, and had watery/glassy eyes. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later refused a breath test.
Defense:	The officer made the defendant out to be a falling down drunk. The video contradicted all the reports. His performance on the field sobriety tests was much better on video than written.
Result:	The State dropped the DUI.

Nov 28, 2023	Case: 23-CT-009914	Judge Conrad
Facts:	The defendant was stopped for running two stop signs and drifting around a corner at high speeds. The officer noticed an odor of alcohol, an unsteady stance, slurred speech, and glassy eyes. She admitted to having drank four (4) Hennessy and Cokes. She performed poorly on roadside tests and was arrested for DUI. She later blew a .146 and .140 in the breath machine.
Defense:	After conversations with the prosecutor regarding the case and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 21, 2023	Case: 23-CT-038462	Judge Atkin
Facts:	The defendant was stopped for failing to maintain a single lane. Specifically, his tires were constantly crossing into the bicycle lane. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew .193 and .203 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.

Nov 16, 2023	Case: 22-CT-001411	Judge Duckworth
Facts:	The defendant was stopped for speeding. The officer noticed and odor of alcohol, glassy eyes, and he had an orbital sway. His speech was low and raspy. He performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	The defendant told the officer on tape prior to field sobriety tests about numerous medical ailments he was suffering from. These medical issues could have affected his performance on the one leg stand and walk and turn. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 15, 2023	Case: 23-CT-026975	Judge Garagozlo
Facts:	The defendant was the at fault driver in a side swipe crash. Officers observed the Defendant to have an odor of alcohol, glassy eyes, a fixed gaze, and slurred speech. When asked if he had drank any alcohol, the defendant stated, "not much." He then performed various field sobriety tests such as HGN (eye test) and walk and turn. He was subsequently arrested for DUI and later refused a breath test.
Defense:	The firm pointed out to the State that the defendant stated numerous times that he had to urinate, yet the cops wouldn't let him go. The defendant, being made to hold his urine in and not being allowed to go to the bathroom, could have affected his performance on the field sobriety tests. In addition, we pointed out that on tape, the arresting officer was telling another officer that the defendant may need to be transported even though she hadn't even started the dui investigation. Thus, she had it in her mind that she was going to arrest him no matter what. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Nov 15, 2023	Case: 23-CT-002463	Judge Culver
Facts:	The defendant was stopped after he ran a stop sign and nearly struck an officer's patrol car. The officer observed an odor of alcohol, slurred speech, and he had sluggish movements. His eyes were bloodshot and he had difficulty paying attention. He performed very poorly on field sobriety tests and was arrested for DUI. He later blew a .245 and .235 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.

Nov 15, 2023	Case: 23-CT-037571	Judge Ingram
Facts:	The defendant was stopped after he was seen driving the wrong way down a one-way street. He also had no lights on. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was unsteady and stumbled. He then performed various field sobriety tests such as the one leg stand and walk and turn. He was arrested for DUI and later blew a .150 and .142 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.

Nov 7, 2023	Case: 23-CT-0004472	Judge Conrad
Facts:	The defendant was stopped for weaving. The defendant had an odor of alcohol, slurred speech, and glassy eyes. He also had an unsteady stance. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	The video contradicted the police reports. On tape, the defendant's speech wasn't slurred, he was not unsteady, and appeared responsive and coherent. Prior to trial the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Nov 7, 2023	Case: 23-CT-030141	Judge Musselman
Facts:	The defendant was stopped for having an inoperable tag light. The office noticed an odor of alcohol, fast/mumbled speech, and glassy eyes. He fumbled with his documents, had dry mouth, and stated he had consumed two mixed drinks. He was unsteady when exiting he car, swayed while he stood, and walked very slowly. He performed poorly on roadside tests and was arrested for DUI. He later blew a .130 and .129 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.

Nov 7, 2023	Case: 23-CT-033945	Judge Baker
Facts:	The defendant crashed his car into a light pole. When officers arrived, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. They also found Bush Light beers in the defendant's car and he swayed while he stood. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 7, 2023	Case: 23-CT-017777	Judge Baker
Facts:	The defendant was the at fault driver in a sideswipe crash. The defendant left the scene and was later spotted by police standing outside his car on the shoulder of a roadway. They noticed an odor of alcohol, thick tongued/slurred speech, and watery/glassy eyes. He fumbled with his documents and repeated questions. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. He was also charged with leaving the scene of an accident.
Defense:	The firm pointed out numerous issues to the State. First, there was no description given of the driver of the car that had left the scene of the accident (i.e., the defendant). When the defendant was found, he was outside of the car, the rental agreement was not in his name, and a significant amount of time had passed. Thus, there was an issue of identity placing him as the driver at the time of the crash. Also, there was no evidence that the defendant hadn't drank after the crash. Thus, they could not prove he was under the influence at the time of the crash. In addition, the officer did not take any pictures of any damage, never even put the defendant in front of the dash camera prior to arrest, and when the defendant can be heard speaking, his speech was normal. The State Dropped the Defendant's Second DUI and he received no conviction on the leaving the scene charge.
Result:	The State dropped the DUI.