DUI Wins

Mar 13, 2025	Case: 24-CT-020491	Judge Burke
Facts:	A concerned citizen called 911 stating that the defendant was swerving in and out of lanes, ran a red light, and almost crashed. Officers spotted the defendant and conducted a traffic stop. They noticed an odor of alcohol, unsteadiness, he staggered, had slow/unclear/slurred speech, and had glossy eyes. After performing various roadside tests such as the alphabet, finger to nose, one leg stand, walk and turn, and HGN (eye test), he was arrested for DUI. He later refused a breath test.
Defense:	When the caller is anonymous, officers must have some corroborating evidence in order to legally stop a defendant. In other words, see some erratic driving pattern consistent with what the caller says. The reason is because an anonymous tipster is at the low end of the reliability scale versus someone who provides their name (i.e. a citizen informant). After negotiations regarding the lawfulness of the traffic stop, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 12, 2025	Case: 24-CF-004830	Judge Coates
Facts:	The defendant was found passed out behind the wheel of his truck in the middle of the road. Officers smelled an odor of alcohol, noticed pinpoint pupils, glassy eyes, and his speech was slow and slurred. He also had a hard time staying awake and was sweating profusely. Officers believed that he was under the influence of drugs, as well as alcohol. He performed very poorly on field sobriety tests such as HGN (eye test), the walk and turn, and the one leg stand. He was arrested for DUI and later provided a urine sample. It came back from the FDLE lab positive for a controlled substance that was not prescribed to the defendant. That drug was also found in a search incident to arrest of his truck. He was also charged with Felony Possession. It should be noted, this was his Second DUI.
Defense:	Parks & Braxton took a pretrial deposition of the arresting officer. At depo, the officer contradicted herself many times with her depo testimony as compared to the police reports. Although she believed that the defendant was impaired by drugs, she never even asked the defendant one time if had taken any drugs that day or at any time for that matter. After depositions were completed, the State Dropped the defendant's Second DUI and he received no felony conviction on his record for the possession charge.
Result:	The State dropped the DUI.

Mar 11, 2025	Case: 24-CT-502369	Judge Gagliardi
Facts:	The defendant was the at fault driver in a sideswipe crash with another vehicle. Officers noticed an odor of alcohol, mumbled speech, bloodshot/watery eyes, and he appeared unstable. He performed poorly on the field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Third DUI.
Defense:	Prior to trial, the firm had negotiations with the prosecutor. We pointed out that the cop had totally messed up the investigation. First, he had the defendant hitting a regular car in his reports, but he actually hit a semi-truck. The crash report was all wrong. Secondly, he did not position his car properly so his dash camera could catch all the roadside tests. His car was too close so no one could see the defendant's legs from the knee down on the one leg stand or walk and turn. Thirdly, the defendant told the cop that some of his toes had been cutoff, but the officer still made him do the physical exercises versus allowing him to do nonphysical tests. Finally, during the whole DUI investigation, the officer had his car music blasting so no one could hear anything. The State Dropped the Defendant's Third DUI.
Result:	The State dropped the DUI.

Mar 6, 2025	Case: 24-CT-004090	Judge Gould
Facts:	The defendant drove his car into a ditch. Officers noticed an odor of alcohol, slurred speech, glassy/watery eyes, and he was unsteady. He had an orbital sway and "drifted" side to side when he walked. He performed poorly on the field sobriety tests which included the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .151 and .148 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.

Mar 5, 2025	Case: 24-CT-019718	Judge Moses-Stephens
Facts:	The defendant was stopped for having illegal tint. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he swayed while he stood. He also stumbled and spoke loudly and repetitively. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 4, 2025	Case: 24-CT-001088	Judge Wallace
Facts:	The defendant was stopped for weaving. Officers observed an odor of alcohol, mumbled speech, bloodshot eyes, and a sway to his stance. The defendant stated he had just left a bar. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, finger to nose, and one leg stand. He was then arrested for DUI and later refused a breath test.
Defense:	Many observations were contradicted by the video tape. His speech was normal and not mumbled and he had no sway to his stance. Also, many written observations of the field sobriety tests were contradicted by the tape. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 4, 2025	Case: 24-CT-011460	Judge Uzabel
Facts:	The defendant was stopped for swerving within his lane and running a red light. Officers noticed an odor of alcohol, slurred speech, and he stumbled to catch his balance. He also had a bracelet on his wrist form a bar. He then performed the HGN ( eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .162 and .154 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.

Mar 3, 2025	Case: 24-CT-055483	Judge Koenig
Facts:	The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and his hands were shaking. The defendant exited the car slowly, swayed while standing, and he stated that he had consumed one beer. He performed the HGN (eye test), walk and turn, and one leg stand exorcises. He was arrested for DUI and later blew a .118 and .117 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.

Feb 26, 2025	Case: 23-007747MU10A	Judge Francois
Facts:	The defendant was stopped for straddling lane markers on the highway. In addition, the defendant was clocked at 85mph in a 65mph zone. The defendant then slowed down in the far right lane to 10mph, eventually stopping in the right lane of traffic. Upon approaching the vehicle, the Trooper observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car, the officer observed extreme unsteadiness. The Trooper then asked the defendant to perform a series of field sobriety tests. The defendant responded by saying it was up to the Trooper. There was clearly a language barrier between the Trooper and the client. Since the defendant never answered with a clear yes or no answer the Trooper arrested him for DUI. The Trooper then asked for a breath and urine sample. The defendant responded by saying "whatever you want to do just do it." The Trooper took that as a refusal to submit to a breath test.
Defense:	The evidence made clear that the defendant never specifically responded to the Trooper's requests. In addition, despite the heavy accent it was evident that there was a language barrier between the Trooper and the defendant. These specific issues were raised with the prosecutor. The defendant had his charges reduced to reckless driving with no conviction of any kind on his record.
Result:	The State dropped the DUI to a reckless driving.

Feb 25, 2025	Case: 24-CT-016598	Judge Rich
Facts:	The defendant was stopped for failing to maintain a single lane and also driving in the middle of two lanes for several blocks. Officers noticed an odor of alcohol, unsteady balance, and he admitted to having consumed several mixed drinks. He also had glassy eyes and slurred speech. He performed very poorly on the field sobriety tests and was arrested for DUI. He later blew a .182 and .180 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.

Feb 24, 2025	Case: 24-011987MU10A	Judge Evans
Facts:	The defendant was involved in a multiple car accident. Upon arrival, the officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway while she walked. Multiple witnesses identified the defendant as the driver involved in the accident. After the crash investigation, the defendant was informed that the officers were now conducting a DUI investigation. The defendant refused to participate in either field sobriety tests or a breath test. She was subsequently arrested for DUI Property Damage/Personal Injury. After arrest, the officers located 53 Lorazepam pills in the defendant's purse as well as well as a liquid THC Truelieve syringe.
Defense:	Parks & Braxton filed a series of motions challenging the admissibility of the evidence. Specifically, the firm argued that both the field sobriety test request and subsequent refusal was unlawful. Next, the firm argued that the refusal to submit to a breath test was unlawful. The Court agreed, and excluded any mention that the defendant refused either a breath test or field sobriety tests. Lastly, Parks & Braxton filed a motion for Statement of Particulars. Specifically, the motion argued that the prosecutor needed to state with specificity what substance the defendant was allegedly impaired by. The prosecutor conceded the motion, and the defendant walked away with no criminal charges on her record.
Result:	The DUI was dismissed.

Feb 20, 2025	Case: 24-CT-019480	Judge Damico
Facts:	The defendant was found unconscious in his car at an intersection. When he regained consciousness, his car began to roll forward almost striking the officers. Officers got the vehicle to stop rolling and upon contact noticed an odor of alcohol, delayed speech, and bloodshot/glossy eyes. He then performed various field sobriety tests such as the finger to nose, count backwards, walk and turn, one leg stand, and the HGN (eye test). He was subsequently arrested for DUI and later blew a .106 and .104 in the breath machine.
Defense:	After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 19, 2025	Case: 24-CT-045334	Judge Ingram
Facts:	The defendant was stopped for swerving and striking the median wall of the highway. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant staggered, swayed, and had an uneven gait. The defendant also stated that he had consumed two drinks. He performed poorly on the walk and turn, one leg stand, and HGN (eye test) exercises and was arrested for DUI. He later refused a breath test.
Defense:	After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 19, 2025	Case: 24-CT-041250	Judge Ingram
Facts:	The defendant was stopped for speeding, swerving, and braking heavily. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a couple of drinks. He also appeared unsteady and walked slowly. After refusing to perform field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI .
Result:	The State dropped the DUI.

Feb 19, 2025	Case: 24-CT-051274	Judge Ingram
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, thick/slurred speech, a flushed face, and bloodshot eyes. The defendant stated he had drank two Long Island Iced Teas. He then performed the HGN (eye test), estimation of 30 seconds, walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .098 and .095 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.

Feb 13, 2025	Case: 24-CM-009995	Judge Scott
Facts:	The defendant was stopped for making a wide turn and straddling the bike lane markers. Officers observed the defendant to have an odor of alcohol, an odor of marijuana, slurred speech, and red/watery eyes. The defendant only performed the HGN (eye test only). No walk and turn or one leg stand exercises were conducted due to his belligerent behavior. He was arrested for DUI and later refused a breath test. This was his Second DUI. He was also charged with resisting an officer without violence.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI. They also Dismissed the resisting charge.
Result:	The State dropped the DUI.

Feb 13, 2025	Case: 24-CT-012747	Judge Scott
Facts:	The defendant was stopped for speeding (83mph in a 55mph zone). Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady and had fumbling fingers. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
Defense:	The firm pointed out to the State prior to trial that the defendant was not unsteady and had no slurred speech on tape. After negotiations, the State Dropped her Second DUI.
Result:	The State dropped the DUI.

Feb 13, 2025	Case: 24-CT-014431	Judge Scott
Facts:	The defendant was stopped for almost crashing into an officer by violating his right of way. Officers noticed an odor of alcohol, slurred speech, and a tired/lethargic balance. He also had poor balance and admitted to drinking beer. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .110 and .110 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.

Feb 12, 2025	Case: A77GXKE	Judge Vaccaro
Facts:	Police got a call about a suspicious vehicle on the side of the highway. When the trooper arrived, he saw the defendant's vehicle on the side of the highway. At the same time, the defendant was inside an ambulance being evaluated by paramedics. The road ranger told the trooper that the defendant was sitting the driver's seat when he arrived. Officers made contact with the defendant and noticed an odor of alcohol, lack of balance, and thick tongued speech. He also had red/bloodshot eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later blew a .243 and .235 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the lawfulness of the arrest. In our motion, we alleged that under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime "in their presence." Here, the officer did not observe the defendant driving or in actual physical control when he arrived (i.e., the first element of a DUI). A civilian road ranger is not an officer so the fellow officer rule does not apply. After conversations with the State about the legal issue, the DUI was Dismissed.
Result:	The DUI was dismissed.

Feb 11, 2025	Case: 24-CT-011598	Judge Valkenburg
Facts:	The defendant was stopped for failing to maintain a single lane (i.e. weaving). Officers noticed an odor of alcohol, slurred speech and bloodshot eyes. He also had fumbling fingers and exaggerated movements. Alcohol was found all over the car. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .088 and .088 in the breath machine.
Defense:	Due to the .02 margin of error in the breath machine, we were able to place both breath results below the legal limit. After several negotiations regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.