DUI Wins

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.

Oct 12, 2023	Case: 23-CT-007055	Judge Rich
Facts:	The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank alcohol. He was unsteady and had slow/belabored movements. He then performed various field sobriety tests and was arrested for DUI. He later blew .119 and .109 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.

Oct 12, 2023	Case: 23-CT-026413	Judge Silverman
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, he admitted to having consumed a few drinks, and he stumbled. He also braced himself for balance, had slurred speech, and had bloodshot eyes. The defendant was very profane and belligerent towards the police. He then performed poorly on roadside tests, such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-006070	Judge Rich
Facts:	The defendant was stopped for speeding (80 mph in a 50 mph zone) and weaving. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He had difficulty locating his documents, used the car for support, admitted to having drank earlier, and had a noticeable sway. The defendant was only able to perform the HGN (eye test) and finger to nose exercises due to some knee injuries. He was arrested for DUI and later refused a breath test.
Defense:	On tape, the defendant's speech was not slurred and he did not appear off balance or unsteady. The State then Dropped the DUI after several negotiations.
Result:	The State dropped the DUI.

Oct 11, 2023	Case: 23-CT-011956	Judge Moses-Stephens
Facts:	The defendant was stopped after he stopped past the stop bar and almost hit a curb making a wide turn. The officer noticed an odor of alcohol, heavy eyelids, slurred speech, unsteadiness, and a red face. The defendant stated that he had consumed 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .188 and .179 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.

Oct 10, 2023	Case: 23-CT-005183	Judge Farr
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes and she admitted to having consumed two glasses of wine. Her pants were unbuttoned and unzipped, there was fresh vomit on the driver’s door jam, and she was also unsteady. She then performed various field sobriety tests and was arrested for DUI. She 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 9, 2023	Case: 22-CT-502880	Judge Gagliardi
Facts:	The defendant was found passed out in her car in a bar parking lot. Security officers from the bar called the police since she was unresponsive. When police arrived, the officer went up to the car and made efforts to wake up the defendant. The defendant would not respond to verbal commands, so the office began to shake her until she opened her eyes. He then began to speak with her to determine if she was in distress. Additionally, the officer asked for her driver's license. She was incoherent and her speech was slurred. The officer then noticed an odor of alcohol, bloodshot eyes, her pants were down, and she exhibited a significant lack of balance once out of her car. She performed extremely poorly on roadside tests which were captured on video and was arrested for DUI. She later blew a .098 and .099 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the unlawfulness of the initial seizure. In the motion, we alleged that there was no lawful basis for the officer to open her door and ask for a driver's license. Before the officer opened the door he had nothing more than a woman who was sleeping in a car. There were no allegations that she was slumped over the wheel or how long she had been there. The State's response was that the officer was conducting a welfare check to determine if the defendant was either sick or injured. Nonetheless, the officer never called fire rescue. In addition, the officer asked for the defendant's driver's license which makes clear that he was never genuinely concerned about her wellbeing. The law in Florida makes clear that once the officer asked for the defendant's driver's license she was detained. On the morning of the motion the State conceded the motion.
Result:	The State dropped the DUI.

Oct 3, 2023	Case: 23-CT-005697	Judge Farr
Facts:	The defendant was stopped for repeatedly weaving from side to side, driving under the speed limit, and also drifting over the lane markers. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	Many observations on the field sobriety tests were contradicted by the video tape.
Result:	The State dropped the DUI.

Oct 3, 2023	Case: 23-CT-006122	Judge Farr
Facts:	The defendant was found passed out in her car in the middle of the road. The gear shift was in drive and her foot was on the brake. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and she admitted to having consumed alcohol. On tape, her speech was very slurred. She then refused to perform any roadside 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.

Oct 3, 2023	Case: 23-CT-008126	Judge Farr
Facts:	The defendant was stopped for weaving, fluctuating speeds, and following too closely. The officer noticed an odor of alcohol, red eyes, and he appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .125 and .123 in the breath machine.
Defense:	The firm pointed out to the State that on three separate occasions interferent was detected on the breath machine when the defendant blew just prior to getting the .125 and .123. Thus, the breath test results may have been compromised by unknown interferent.
Result:	The State dropped the DUI.

Sep 28, 2023	Case: AGR3VYE	Judge Lawhorne
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He was also sweating, unsteady, swaying, and staggering. The defendant admitted to having consumed two beers. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense:	The firm pointed out to the State that almost everything the officer wrote was contradicted by the videotape. His speech was not mumbled, he was not off balance or unsteady, and he did much better on the field sobriety tests than as written. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Sep 27, 2023	Case: 23-CT-028195	Judge T. Brown
Facts:	The defendant was stopped for running a red light and not wearing a seat belt. The officer noticed an odor of alcohol, glossy/bloodshot eyes, and slurred speech. He also appeared confused and stated he had drank two beers. The defendant only performed the HGN (eye test) and then refused all further roadside tests. He was arrested for DUI and later refused a breath test.
Defense:	After several conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.