DUI Wins

Jun 28, 2022	Case: 22-CT-001680	Judge Farr
Facts:	The defendant was stopped for speeding and weaving back and forth. The officer noticed an odor of alcohol, watery eyes, droopy eyelids, slurred speech, and an unsteady/drunk-like appearance. He then performed various roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI and later refused the breath test.
Defense:	The video tape contradicted many observations that the officer wrote about. For example, the defendant was not unsteady and his speech sounded normal.
Result:	The State dropped the DUI.

Jun 16, 2022	Case: AEBMRUE	Judge Mckyton
Facts:	The defendant was stopped after he was observed crossing over a solid yellow line and also passed another car in a no passing lane. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The officer saw a can of alcohol in the car and the defendant had a sway to his stance. The defendant then performed roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	After several negotiations with the State about the facts of the case, they Dropped the DUI.
Result:	The State dropped the DUI.

Jun 16, 2022	Case: ADW4UOE	Judge Croff
Facts:	The defendant was stopped for failing to stop at a red light. The officer observed an odor of alcohol, watery/glassy eyes, and slurred speech. He had a blank stare, a dazed look, and swayed while he stood. He then performed various roadside tests and was arrested for DUI. He later blew a .120 and .117 in the breath machine.
Defense:	The defendant's video tape contradicted many observations that the officer wrote about. For example, the defendant's speech was not slurred and he was not swaying. This called into question the officer's credibility.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AELCWQE	Judge Komninos
Facts:	The defendant was stopped for driving without headlights at night, speeding, weaving, and failing to obey a traffic control device. The officer noticed an odor of alcohol, slurred speech, and she appeared confused. She was very off balance and almost fell. She performed poorly on roadside tests and was arrested for DUI. She later blew .151 and .150 in the breath machine.
Defense:	After several negotiations with the State about the case and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AELCHTE	Judge Komninos
Facts:	The defendant was stopped for weaving. The officer alleged that he was drifting in and out of his lane and that he also drove over a concrete median. The officer noticed an odor of alcohol, watery eyes, and he had to ask the defendant to roll his windows down several times. The defendant admitted to having consumed 4 whiskey sours. After performing field sobriety tests, he was arrested for DUI. He later blew a.126 and .125 in the breath machine.
Defense:	Due to a lack of specificity as to the alleged driving pattern, such as time and distance, the lawfulness of the traffic stop was called into question.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AEBMJVE	Judge Komninos
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol and bloodshot/watery eyes. He was then asked to perform various roadside tests such as the walk and turn, one leg stand, and HGN (Eye test). He was subsequently arrested for DUI and later refused the breath test.
Defense:	Due to a lack of impairment, there was no reasonable suspicion of a crime to even request roadside tests.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AEX8UDE	Judge Komninos
Facts:	The defendant was stopped for swerving and weaving. The defendant also did not stop immediately even though there were places to pull over. The officer noticed an odor of alcohol, red/watery eyes, and slurred speech. She also appeared disoriented, confused, and unbalanced. After refusing field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	After several conversations with the State about the lack of evidence, such as no roadside tests and/or a breath test, the State Agreed to Drop the DUI.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AEBMPIE	Judge Komninos
Facts:	The defendant was stopped for speeding and cutting off an officer. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed. After refusing to perform various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	On video, the defendant was trying to ask the officer questions about the DUI investigation. The officers can be seen and heard on tape telling him to shut up, shut his mouth, and stop with the monkey shit. This rudeness was pointed out to the State. The State then Dropped the DUI.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: Komninos	Judge AEBMOME
Facts:	The defendant was stopped for not having his tag fastened on his car. The defendant had an odor of alcohol and admitted to having drank at least 3 beers. The officer also observed bloodshot eyes, slurred speech and he swayed while he stood. He then performed various roadside tests. He was then arrested for DUI and later refused the breath test.
Defense:	May observations in the police reports were contradicted by the video tape.
Result:	The State dropped the DUI.

Jun 14, 2022	Case: 21-CT-014423	Judge Galen
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. The defendant stated that he was at a local bar and had 3 shots. When asked on a scale from 0-10 how he felt, he stated a "4". After performing various roadside tests he was arrested for DUI. He later blew a .130 and .127 in the breath machine.
Defense:	After several conversations with the prosecutor regarding the case, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 10, 2022	Case: 21-CF-015800	Judge Goudie
Facts:	The defendant was stopped for weaving and almost hitting a police car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. He also appeared lethargic, his movements were slow, and he had a blank/dazed look. After refusing to perform roadside tests, he was arrested for DUI. This was his Second DUI. He was also charged with driving on a suspended license, second refusal, and possession of a controlled substance. He later refused to provide a breath sample.
Defense:	The firm showed proof that the drugs found were prescribed. The felony possession charge was Dismissed. After several negotiations with the State, they also Dropped the defendant's Second DUI and he received no further sanctions on DWLS and the refusal. In fact, the DWLS was amended to a No valid DL.
Result:	The State dropped the DUI.

Jun 9, 2022	Case: 22-CT-000989	Judge Taylor
Facts:	The defendant was stopped for weaving and interfering with traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also appeared very unsteady on her feet. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	Many written observations were contradicted by the video tape.
Result:	The State dropped the DUI.

Jun 9, 2022	Case: 22-CT-013251	Judge T. Brown
Facts:	The defendant crashed her car into a ditch and got stuck on rocks. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant gave confusing answers while speaking to police. She appeared very clumsy and exhibited mood swings. She started to perform the HGN (eye test), but did not finish it and refused to perform any further field sobriety tests. She was arrested for DUI and later refused the breath test.
Defense:	Under Florida law, a breath test can only be requested after the DUI arrest. Here, the officer asked the defendant for a breath test prior to arresting her. Thus, her refusal would have been excluded from evidence.
Result:	The State dropped the DUI.

Jun 9, 2022	Case: 22-CT-045327	Judge Jacobus
Facts:	The defendant was the at fault driver in a rear end crash. Officers did not smell an odor of alcohol, however, they noticed him to be swaying, have watery/red eyes, and his movements were slow. The defendant stated he had just taken Xanax. Believing he was impaired by drugs, he then performed field sobriety tests. He performed the HGN (eye test) and the walk and turn. He was then arrested for DUI and later refused to provide a urine test.
Defense:	On video, the officer did not read the defendant his Miranda rights. Thus, the defendant's statement about taking Xanax would have been excluded from evidence as a violation of the accident report privilege. Also, when the officer read the defendant implied consent prior to requesting urine, he explained the wrong penalties for refusing. Thus, the refusal would have been excluded as well. With the Xanax statement out and the refusal out, the State dropped the DUI to a civil careless driving.
Result:	The State dropped the DUI.

Jun 9, 2022	Case: 22-CT-000676	Judge Taylor
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and water/glassy eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .20 and .19 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.

Jun 8, 2022	Case: 22-CT-000813	Judge Dekleva
Facts:	The defendant was the at fault driver in a rear end crash. The defendant had been transported to the hospital prior to the officer arriving on scene. The officer made contact with the defendant at the hospital and noticed an odor of alcohol, red/glossy eyes, and slurred speech. The defendant stated that he was driving fast and couldn't stop in time. The officer then attempted to have the defendant perform roadside tests in the hospital parking lot. He refused after a lengthy conversation back and forth. He was then arrested for DUI and later blew a .100 and .102 in the breath machine.
Defense:	The firm convinced the State that breath test was unreliable due to it being administered over five hours later. There was no way to scientifically show if the defendant was absorbing or eliminating alcohol. Also, we put forth that it is ridiculous that an officer would try to administer roadside tests after someone was just released from the hospital after a crash.
Result:	The State dropped the DUI.

Jun 8, 2022	Case: 21-CM-011119	Judge Farr
Facts:	The defendant was involved in a crash. Officers noticed an odor of alcohol, water/bloodshot eyes, and slurred speech. She also was unsteady and had dilated pupils. She only performed HGN (eye test) then refused to perform any others. While being arrested, she attempted to avoid being handcuffed and was also charged with resisting an officer without violence. She later refused the breath test.
Defense:	The firm pointed out that the defendant was not the at fault driver in the crash. In addition, on tape her speech was not slurred and she was not unsteady.
Result:	The State Dropped the DUI and the Resisting charge was Dismissed.

Jun 8, 2022	Case: 22-CT-000068	Judge Farr
Facts:	The defendant was stopped for speeding and driving with no lights. The officer noticed an odor of alcohol, glassy eyes, and he appeared lethargic. After performing various roadside tests, he was arrested for DUI. He later blew a .099 and .102 in the breath machine.
Defense:	Under the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath results under the legal limit.
Result:	The State dropped the DUI.

Jun 6, 2022	Case: 21-CT-504371	Judge Hayward
Facts:	The defendant was the at fault driver in a sideswipe crash. He swerved into another lane and hit the other driver’s side fender. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and he lost his balance. He then refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	When a defendant refuses to perform roadside tests, the officer must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences.
Result:	The State dropped the DUI.

Jun 6, 2022	Case: 22-CT-500398	Judge Paluck
Facts:	The defendant was found passed out in his car with the driver's door open in a 7-11 parking lot. A witness called police that the defendant was urinating on the side of the building. It took a while for police to wake him up after numerous nudgings and verbal commands. The keys were in his front pocket and he had stated he had drank 4 or 5 drinks at a bar. Officers observed an odor of alcohol, slurred speech, and glossy eyes. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. He later blew a .158 and .152 in the breath machine.
Defense:	The defendant was not in actual physical control as he had no "capability" to operate the car while he was sleeping, none the less with the driver's door open.
Result:	The State dropped the DUI.