DUI Wins

Feb 22, 2023	Case: 22-CT-011337	Judge Taylor
Facts:	The defendant was stopped for driving without his headlights illuminated. The officer noticed an odor of alcohol and requested the defendant to perform roadside tests. After performing the field sobriety tests, he was arrested for DUI. He subsequently refused a breath test.
Defense:	An odor alone is legally insufficient to provide reasonable suspicion of DUI to request roadside tests. The State, realizing they would lose all the field sobriety tests in evidence, Dropped the DUI.
Result:	The State dropped the DUI.

Feb 21, 2023	Case: 22-CT-002273	Judge Conrad
Facts:	The defendant crashed his car into a ditch and collided with a tree line. A civilian witnessed the crash and ran over to help. When the first officer arrived, he noticed an odor of alcohol and vomit on the defendant's shirt. The defendant was then transported to the hospital where another officer met him there. At the hospital, that officer noticed slurred/thick tongued speech and the defendant appeared very confused about the crash. He did not smell any alcohol. A medical blood draw was done which later showed a .252 blood alcohol result (over three times the legal limit).
Defense:	Parks & Braxton took pretrial depositions of the two officers and the civilian. Due to conflicting sworn statements between the three witnesses, issues were raised by the firm about the lawfulness of the investigation leading up the blood draw.
Result:	The State dropped the DUI.

Feb 21, 2023	Case: 22-CT-013523	Judge Conrad
Facts:	The defendant was stopped for driving northbound in the southbound lane and crossing over the double yellow line. The officer noticed an odor of alcohol, a blank/dazed look, and slurred speech. He also appeared disoriented and had lethargic movements. The defendant only agreed to perform the HGN (eye test) and then refused to perform the rest of the field sobriety tests. He was then arrested for DUI and later refused a breath test.
Defense:	After conversations with the State regarding conflicts between the videotape and the written reports, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 21, 2023	Case: 22-CT-012067	Judge Conrad
Facts:	The defendant was stopped for driving without any headlights illuminated. The officer noticed an odor of alcohol, glassy eyes, and she appeared unsteady. She then performed various field sobriety tests such as the walk and turn and one leg stand. She was arrested for DUI and later blew a .113 and .109 in the breath machine.
Defense:	The defendant's video tape clearly showed she may have been under the legal limit at the time of driving.
Result:	The State dropped the DUI.

Feb 21, 2023	Case: 22-CT-014632	Judge Panse
Facts:	Police responded to a call about a drunk driver. The defendant was found in the driver's seat and parked at a gate of a community. When the defendant rolled down her window, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was unsteady and had an orbital sway while outside the car. Her movements were also clumsy and uncoordinated. After performing poorly on roadside tests, she was arrested for DUI. She later refused a breath test.
Defense:	The lawfulness of the initial encounter with police was called into question. The officer had no corroboration of any DUI observations or driving pattern when he ordered her to roll down her window. It wasn't until her window was down that the officer started making all the DUI observations.
Result:	The State dropped the DUI.

Feb 14, 2023	Case: 21-014690MU10A	Judge Brown
Facts:	The defendant was involved in a crash with extensive damage. The initial officer on scene observed a strong odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, he testified that the defendant was extremely unsteady on her feet and was unable to locate her license and registration. Subsequently, a DUI task force officer arrived on scene to conduct an investigation. The DUI task force officer made similar observations. However, the defendant explained that she is fully functional, but suffers from autism. In addition, the defendant discussed the medications she takes. She subsequently refused both field sobriety tests as well as a breath test and was arrested for DUI.
Defense:	Parks & Braxton took testimony from both officers. While their observations were fairly consistent, neither of the officers were able to fully detail the extent that the autism and the medications she took played in the investigation. Specifically, while she displayed some signs of impairment, the officers were unable to discount the possibility that the observations were equally consistent with the medication she consumed as opposed to alcohol consumption. On the morning of the trial the State dropped the DUI.
Result:	The State dropped the DUI.

Feb 14, 2023	Case: 22-CT-004782	Judge Gutman
Facts:	The defendant was stopped for drifting back and forth and crossing over the laner markers. The officer noticed an odor of alcohol, a blank/dazed look, and slow movements. She had slurred speech, poor coordination, and admitted to having consumed 2 alcoholic beverages. She then performed various field sobriety tests and was arrested for DUI. She subsequently refused to take a breath test.
Defense:	Many observations on the video contradicted the police reports. Her speech was not slurred, she did not appear to be moving slow, and she seemed responsive and coherent. The State Dropped the DUI after negotiations.
Result:	The State dropped the DUI.

Feb 14, 2023	Case: 22-CT-004848	Judge Gutman
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and she appeared unsteady. Her face was flushed and her eyes were bloodshot. The defendant had a wristband on from a club. After performing various roadside tests such as the walk and turn, HGN (eye test), and one leg stand, she was arrested for DUI. She later refused a breath test.
Defense:	After several discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 8, 2023	Case: 22-CT-015220	Judge Moses-Stephens
Facts:	A concerned citizen called police that the defendant appeared drunk and was in no condition to drive. He also tried to stop the defendant from driving. The officer located the defendant and stopped the car. He observed an odor of alcohol, watery eyes, and a flushed/red face. He also had droopy eyelids and slurred speech. He then performed various field sobriety tests and was arrested for DUI. He later blew a .093 and .090 in the breath machine.
Defense:	When an anonymous tip is called in, the police must observe some corroboration such as erratic driving to legally stop the car. Here, there was no corroboration at all. Thus, the traffic stop was unlawful. The State then Dropped the DUI and the defendant received no criminal conviction.
Result:	The State dropped the DUI.

Feb 8, 2023	Case: 22-CT-002789	Judge Dekleva
Facts:	The defendant was stopped for driving the wrong way into oncoming traffic. The officer observed an odor of alcohol, sluggish body movements, and thick tongued speech. She also had bloodshot eyes and appeared disheveled. She performed poorly on roadside tests and was arrested for DUI. She later blew a .187 and .182 in the breath machine.
Defense:	After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 3, 2023	Case: AGOW2XE	Judge Komninos
Facts:	The defendant was stopped for speeding after being seen leaving a gentleman's club. The officer noticed an odor of alcohol, a blank/dazed look, and his speech was slurred. He also had bloodshot eyes and starting demonstrating hand striking fighting motions to the officer for no reason. The defendant stated that he had consumed vodka with Red Bull. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test
Defense:	After numerous discussions with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 3, 2023	Case: AG5PURE	Judge Komninos
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and she stated that she had a few drinks. After performing various roadside tests, she was arrested for DUI. She later refused a breath test.
Defense:	Many observations written in the reports detailing her performance on the roadside tests were contradicted by the DUI video tape.
Result:	The State dropped the DUI.

Feb 3, 2023	Case: AGE3LKE	Judge Komninos
Facts:	Police were called to the scene of a disturbance where there was a physical fight in which the defendant was involved. The defendant was seen leaving and was stopped by police. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was uneasy on his feet. The defendant then performed various field sobriety tests such as the finger to nose, one leg stand, and walk and turn. He was then arrested for DUI.
Defense:	After several conversations with the State about the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 3, 2023	Case: AG5PTTE	Judge Komninos
Facts:	The defendant was seen by an officer propping up his motorcycle after he had fallen. The officer went up to the defendant and noticed an odor of alcohol, glassy eyes, and an unsteady gait. The defendant stated he had drank two beers. The officer told the defendant, "don't drive and take an uber or taxi" and you won't be arrested for DUI. About 30 minutes later, the officer spotted the defendant on his bike and moving it. At that time, the officer once again stopped the defendant and began a DUI investigation. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	Under Florida law, an officer must advise a defendant of the adverse consequences if they refuse to do roadside tests or the refusal will excluded from evidence. Here, the officer did not give any consequences.
Result:	The State dropped the DUI.

Feb 3, 2023	Case: A6SA5VE	Judge Komninos
Facts:	The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, slurred/thick tongued speech, and watery eyes. He appeared unsteady and swayed while outside his truck. The defendant performed only the HGN (eye test) and refused to perform any further roadside tests. He was arrested for DUI and later refused a breath test.
Defense:	Under Florida law, when a defendant refuses to perform roadside tests, they must be warned of adverse consequences by the officer for their refusal or the refusal will be excluded from evidence. Here, the defendant was not given any consequences.
Result:	The State dropped the DUI.

Feb 2, 2023	Case: 22-CT-003712	Judge Wish
Facts:	The defendant was stopped for weaving. Upon contact, the officer noticed an odor of alcohol, slurred speech, and a flushed face. She had balance issues, had a confused/dazed look, and was very hostile and profane towards the officers. She then performed various roadside tests very poorly and was arrested for DUI. She later refused a breath test. This was the defendant's Fourth arrest.
Defense:	The firm announced ready for trial. After discussions with the State about conflicts in the evidence, the State Dropped the DUI just before the trial date.
Result:	The State dropped the DUI.

Feb 2, 2023	Case: 22-CF-000403	Judge Meadows
Facts:	The defendant drove his car off the roadway into a canal. A civilian saw the crash and pulled him out the car. Officers arrived on scene and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He appeared unsteady while standing outside the police car. He was asked to perform roadside tests to which he refused and was then arrested for DUI. He provided one breath result of .139 and refused to provide the legally required second sample. This was the defendant's Third DUI within ten years and he was charged with Felony DUI.
Defense:	The firm took pretrial depositions of the police officers and the civilian witness. All the witnesses' testimony contradicted each other, as well as the police reports, and police video. The firm announced ready for trial. The week before trial, the State Dropped the Defendant's Felony DUI.
Result:	The State dropped the DUI.

Feb 1, 2023	Case: 22-CT-012839	Judge Gutman
Facts:	The defendant was found passed out in his car. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	Due to a lack of probable cause to arrest based on the body worn cameras, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 1, 2023	Case: 22-CT-012838	Judge Gutman
Facts:	The defendant was stopped for making erratic lane changes and speeding. Officers noticed bloodshot eyes, droopy eyelids, and slurred speech. He also had body tremors and had difficulty concentrating. He then performed various field sobriety tests such as HGN (eye test), one leg stand, and walk and turn. He was arrested for DUI and later refused a urine test. Police found marijuana and a glass smoking bowl in the car post arrest.
Defense:	Even though they found marijuana,. the State could not prove he was impaired by the marijuana. Officers noticed nystagmus in the defendant's eyes on the HGN (eye test). When one is under the influence of marijuana, there will be no nystagmus.
Result:	The State dropped the DUI.

Feb 1, 2023	Case: 22-CT-010229	Judge Gutman
Facts:	The defendant was found passed out in his car on the railroad tracks. Officers smelled an odor of alcohol, bloodshot eyes, and slurred speech. The defendant also appeared to be confused and he stated that he had consumed three drinks. He performed poorly on roadside tests and was arrested for DUI. He later blew a .183 and .174 in the breath machine.
Defense:	After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.