DUI Wins

Nov 7, 2023	Case: 23-CT-005169	Judge Gutman
Facts:	The defendant was stopped for passing another car in a no passing zone. He had driven west in the eastbound lane after crossing over the double yellow lane divider. The officer noticed an odor of alcohol, bloodshot eyes, and sluggish reflexes. He dropped his items, swayed while he stood, and also staggered. He performed various roadside tests and was arrested for DUI. He later blew a .133 and .130 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.

Nov 7, 2023	Case: 23-CT-005779	Judge Gutman
Facts:	The defendant was stopped for driving with no lights and having an expired tag. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he had difficulty following instructions. The defendant stated he had drank three beers and he also had difficulty following instructions. The defendant refused to perform any 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-036859	Judge Musselman
Facts:	The defendant was unable to maintain a single lane and drove into the bike lane. The officer noticed an odor of alcohol, watery eyes and his movements were slow and lethargic. The defendant appeared clumsy and unsteady, he swayed, and leaned for balance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense:	The police reports made the defendant out to be a falling down drunk. The video contradicted the reports as the defendant was not off balance or unsteady in any way. The State Dropped the Defendant's Second DUI.
Result:	The State dropped the DUI.

Nov 6, 2023	Case: 23-CT-502037	Judge Paluck
Facts:	The police received calls about a reckless driver running cars off the road and stopping in the middle of the road (i.e., the defendant). Police located his car and made contact with him as he was stopped in the middle of the road. They observed an odor of alcohol, watery eyes, slurred speech, and he also staggered while walking. The defendant was unsteady and denied drinking any alcohol. He refused to perform any roadside 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 6, 2023	Case: 23-CT-501223	Judge Gonzalez
Facts:	The defendant was stopped for an inoperative rear brake light and failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and he moved slowly. The defendant also had bloodshot/watery eyes, had difficulty concentrating, and stated he had drank two shots of alcohol. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. The defendant was then arrested for DUI and later refused a breath test.
Defense:	There was no video in the case. The firm pointed out to the State prior to the trial date that the police reports were vague and lacked any specific details regarding the defendant's performance on the field sobriety tests. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Nov 2, 2023	Case: AHPFZHE	Judge Croff
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred/thick-tongued speech, and watery/bloodshot eyes. He also had a dazed and blank expression on his face. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State regarding the lack of evidence on tape that the defendant's normal faculties were impaired, the State agreed to Drop the DUI.
Result:	The State dropped the DUI.

Nov 2, 2023	Case: AH5O1YE	Judge Lawhorne
Facts:	The defendant was stopped on his motorcycle for making a right turn on red in violation of a no turn on red sign. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred/mumbling speech. He staggered, swayed, and appeared unsteady. The defendant stated he had drank one Bud Light 16 ounce beer. He performed poorly on various field sobriety tests such as the one leg stand, estimation of time, and finger to nose. He was then arrested for DUI. This was the defendant's Fourth DUI.
Defense:	The firm provided the State with various medical records from the defendant. We pointed out that his speech was so slurred because he had suffered from throat cancer and that his why his speech sounded like it did. In addition, he had various back and knee problems causing him to appear very unsteady and off balance. He tried telling the officer all of this on tape. After several conversations the State regarding the evidence and the defendant's medical history, the State Dropped his Fourth DUI.
Result:	The State dropped the DUI.

Oct 31, 2023	Case: 23-CT-006253	Judge Conrad
Facts:	The defendant was found by police sitting in his running car while stuck on the railroad tracks. Officers observed an odor of alcohol, slurred/rambling speech, and bloodshot/glassy eyes. The defendant performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	Many observations written in the police reports were over exaggerated as compared to the video tape evidence. After conversations with the State, they agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Oct 30, 2023	Case: 23-CT-001824-O	Judge Amy Carter
Facts:	The defendant lost control of his car and crashed into multiple parked vehicles. When the officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. He staggered while walking, appeared very unstable, and would stumble around. There was also feces in his pants. He refused to perform field sobriety tests and was arrested for DUI. He later blew a .174 and .172 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was coerced and misled into taking a breath test. The defendant is from Texas and had a Texas driver's License. On tape, at the breath testing facility, the officers were leading him to believe that if he refused a breath test, his license would also be suspended in Texas and that Florida's implied consent law also applied to Texas. That was misinformation. Based on that misinformation, he agreed to take the breath test. In addition, on tape, his speech was not slurred and he never staggered or appeared off balance. The Judge Granted the motion and suppressed (excluded) the breath test results from evidence. The firm then announced ready for trial. A few days before the trial date, the State Agreed to Drop the DUI.
Result:	The State dropped the DUI.

Oct 25, 2023	Case: AGP2DJE	Judge Komninos
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy/watery eyes, and a flushed face. The defendant exhibited poor ability to understand and he had a sway to his stance. The defendant denied drinking any alcohol. 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.

Oct 25, 2023	Case: AGP09EE	Judge Komninos
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, a sway, and he was emotional. The defendant denied drinking but admitted to smoking pot earlier in the evening. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .135 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.

Oct 24, 2023	Case: 22-CT-502875	Judge Gagliardi
Facts:	The defendant was the at fault driver in a multi vehicle crash. When officers arrived, they noticed an odor of alcohol, unsteadiness on his feet, and he admitted to drinking some beer and cocktails. His speech was mumbled and not understandable and his eyes were red and watery. He refused to perform roadside tests and also refused a breath test. He was then arrested for DUI.
Defense:	The firm filed two pretrial motions. The first was to exclude the refusal to perform field sobriety tests. Under Florida law, an officer must advise a defendant of any adverse consequences for refusing. Here, none were given, and the Judge granted our motion excluding the refusal to perform roadside tests. We also filed a motion to exclude the refusal to provide a breath sample. Under Florida law, a breath test can only be requested after a lawful arrest. Here, the officer requested a breath test prior to arrest. The Judge also granted that motion excluding his breath test refusal. The firm announced ready for trial and the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 24, 2023	Case: 22-CT-502241	Judge Gagliardi
Facts:	Police were called to an apartment complex regarding the defendant being passed out in his car. The caller also advised there were several beer cans located in the car. When police arrived, they awoke the defendant, identified themselves as police and made verbal requests to exit the car. The defendant responded by saying "go fuck yourselves." Once the defendant was extricated from the car, the officers observed an odor of alcohol, a flushed face, bloodshot eyes, and stuttered/slurred speech. The defendant was then asked to perform field sobriety tests and responded by saying "fuck you, I am a veteran." He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	The firm filed a pretrial motion to suppress all the evidence based on an illegal search and seizure. In our motion, we alleged that the officers unlawfully ordered the defendant to exit his car without any reasonable suspicion of a crime (i.e. DUI observations). Those DUI observations were not made until after the defendant was unlawfully extricated out of the car for no reason other than sleeping. It should also be noted, this is the same complex where the defendant resides. The Judge granted the motion and threw out all of the evidence. The State Dismissed the defendant's Second DUI.
Result:	The DUI was dismissed.

Oct 19, 2023	Case: AH5PQQE	Judge Hessinger
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor an alcohol, very slurred speech, and glassy eyes. She stumbled while exiting the car and swayed while standing. She only agreed to perform HGN (eye test), argued with the police, and was then arrested for DUI. The defendant was also charged with resisting an officer without violence because she would not listen to the police at the breath testing center. In addition, she was charged with Felony Bribery because she told the police she would pay them to take the cuffs off. Furthermore, she was also charged with Felony battery on a law enforcement officer because she allegedly struck an officer in the chest at the breath testing center. She later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dismissed the two felony charges and Dropped the DUI. She also received no conviction on the resisting charge.
Result:	The State dropped the DUI.

Oct 18, 2023	Case: 23-CT-038491	Judge Ingram
Facts:	Police were called out to a disturbance. Upon contact with the defendant, he appeared very intoxicated. The officer noticed an odor of alcohol, a flushed face, watery eyes, and he was swaying. His movements were also very slow. The officer told him not to drive and go home. The defendant did not listen and then walked to his car, opened the driver's door and attempted to get in the driver's seat. The officer saw this and yelled at him to stop. The defendant was then detained. He then performed very poorly on the roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	The firm pointed out to the State that on the body worn cameras you could see the defendant open the door but he never actually got into the driver's seat. Thus, he could not have been in actual physical control and never should have been arrested for DUI. The State agreed and amended the charge to a Failure to Obey an Officer's Command.
Result:	The State dropped the DUI.

Oct 18, 2023	Case: 23-CT-003889	Judge Taylor
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI and later blew a .146 and .142 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Oct 17, 2023	Case: 23-CT-004892	Judge Gutman
Facts:	The defendant was stopped for driving with no lights on. The officer noticed an odor of alcohol, glassy eyes, and an unsteady stance. He also had a wristband on from a club. Due to some physical injuries, he performed a seated battery of field sobriety tests such as a finger to nose while seated, a palm pat, and HGN (eye test). He was then arrested for DUI and later refused a breath test.
Defense:	Many observations written in the police reports about the specifics of the field sobriety tests were contradicted by the video tape. He was also not unsteady on tape and his speech was normal as well.
Result:	The State dropped the DUI.

Oct 17, 2023	Case: 23-CT-005271	Judge Gutman
Facts:	The defendant was stopped for speeding (80 mph in a 45 mph zone). The officer noticed an odor of alcohol, slurred speech, fumbling fingers, and watery/glassy eyes. She performed various field sobriety tests and was arrested for DUI. She later blew a .166. and .150 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.

Oct 17, 2023	Case: 23-CT-004727	Judge Gutman
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and his bodily movements were uncoordinated. His eyes were glassy, he swayed, and staggered around. The defendant stated he had drank 3 rum and Cokes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .126 and .124 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.

Oct 12, 2023	Case: 23-CT-031880	Judge Silverman
Facts:	Police received calls about a reckless driver who was driving crazy and swerving (i.e. the defendant). Another caller responded that the defendant had crashed into a mailbox and left the scene of the accident. Officers conducted a traffic stop and noticed the defendant to have a droopy/drowsy expression, had slow/sluggish movements, appeared unsteady, stumbled, and swayed. His speech was slow at times and he had a red face. The defendant stated he had taken his prescription medicine. There was no odor of alcohol. Believing that he was impaired by drugs, he was asked to perform roadside tests. He performed very poorly and was arrested for DUI. He later provided a urine sample which came back from the FDLE lab positive for amphetamines. The defendant was also charged with leaving the scene of an accident.
Defense:	The officer's observations of slow/sluggish movements, slow speech, and drowsiness is consistent with someone under the influence of a class of drugs called CNS depressants which would cause one to appear like the defendant. However, he tested positive for an amphetamine (a CNS stimulant) which would have the opposite effect and have inconsistent effects on a person. This was pointed out to the State using the DRE (drug recognition expert matrix chart). The State agreed that the evidence was inconsistent and Dropped the DUI and Dismissed the Leaving the Scene of an Accident charge.
Result:	The State dropped the DUI.