DUI Wins

Jan 8, 2025	Case: 23-CT-057754	Judge Musselman
Facts:	Officers were called to a single motorcycle accident to which the defendant was driving. The defendant was taken to the hospital before officers arrived. After speaking to the witness who saw the crash and identified the defendant as the driver, officers then went to the hospital. They observed an odor of alcohol and he stated he had drank a few beers. No field sobriety tests were conducted due to him being in the hospital. Later on, the State attempted get his medical blood from the hospital. It revealed an alcohol level almost three times the legal limit( i.e. .213). He was then charged by the State with DUI.
Defense:	After several conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 8, 2025	Case: 24-CT-044719	Judge Musselman
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, mumbled speech, and a fixed gaze. She stated she had consumed two beers, swayed while she stood, and she used the car for balance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.
Defense:	After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 8, 2025	Case: 24-CT-052043	Judge Musselman
Facts:	Officers were called reference a suicidal person (i.e. the defendant). They found the defendant sitting in his running truck trying to get though a security gate. He had and odor of alcohol, slurred speech, glassy eyes, and slight confusion answering questions. He also staggered and swayed. He refused to get out of the car and was extracted. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State, about the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 7, 2025	Case: 24-CT-010712	Judge Valkenburg
Facts:	The defendant was stopped for having a tag not assigned to his car. Officer noticed an odor of alcohol, eye lid tremors, and bloodshot eyes. The defendant stated he had just smoked pot earlier in the night. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later provided a urine sample, which after being tested at FDLE, was positive for marijuana.
Defense:	The defendant’s performance on the field sobriety tests was much better on video than as described by the officer in the reports. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Jan 7, 2025	Case: 24-CT-009580	Judge Valkenburg
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, red/glassy eyes, and he had a bracelet on his wrist from a bar. The defendant was argumentative, uncooperative, and refused to get out the car. He was eventually "escorted" out the car by police. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 6, 2025	Case: 24-CT-002798	Judge Burns
Facts:	The defendant's daughter called police stating that her mother (i.e. the defendant) was highly intoxicated and afraid she may hurt herself. Officers located the vehicle on the interstate and saw her weaving all over the road. Once stopped, officers noticed an odor of alcohol, bloodshot/watery eyes, her speech was incoherent/slurred, and she could not focus. She swayed, staggered, and was very off balance. She was only able to safely perform the HGN (eye test) and then was arrested for DUI. She later blew a .137 and .134 in the breath machine. This was the defendant's Second DUI.
Defense:	The firm provided mitigating evidence to the State regarding the defendant and after negotiations, the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Dec 19, 2024	Case: 24-CT-001459	Judge B. Jo Bell
Facts:	The defendant was stopped for swerving all over. Officers observed an odor of alcohol, mumbled speech, and bloodshot eyes. He also appeared unsteady on his feet. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .091 and .088 in the breath machine.
Defense:	When they do the monthly maintenance on the breath machines, they use various solutions to test the machine for alcohol. Those solutions must be with certain ranges. If the solutions are out of range, the machine should not pass. Here, the solutions were out of range, yet they still passed the machine during inspection. This was brought to the State's attention. After negotiations, they Dropped the DUI.
Result:	The State dropped the DUI.

Dec 18, 2024	Case: 24-CT-011951	Judge Taylor
Facts:	The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred/thick tongued speech. He was lethargic and exhibited unstable balance. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	On tape, the defendant's speech was normal, he was not unstable, and did not appear lethargic at all. Everything that the officer wrote was contradicted by the video tape. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-MM-039521	Judge Baker
Facts:	The defendant was found by police slumped over the wheel of her car and unconscious. Officers noticed an odor of alcohol, watery eyes, and her movements were slow. The defendant started to walk away and refused to listen. She was continually yelling and was uncooperative. She was handcuffed and charged with DUI and resisting an officer without violence. She later refused a breath test.
Defense:	After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI and Dismissed the resisting charge.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-039544	Judge Jacobus
Facts:	The defendant was stopped for driving under the speed limit and also failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated that he had consumed some drinks. After performing various roadside tests such and the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew a .108 and .097 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.

Dec 12, 2024	Case: 24-CT-041430	Judge Jacobus
Facts:	The defendant was stopped for driving with no headlights and running a red light. Officers observed an odor of alcohol, glassy/bloodshot eyes, and he appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense:	On tape, the defendant’s speech was normal, he was not unsteady, appeared responsive and coherent, and had no balance issues. He performed very well on the roadside tests on tape versus what was written. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-0435503	Judge Taylor
Facts:	A call went out about a possible intoxicated driver. Officers spoke with the complainant and they stated that the was in the bar, appeared intoxicated, buying beer, and ordering takeout. The officer saw the defendant walk out to his car and appear very unsteady. He watched him pull out and then the defendant ran a stop sign. Upon contact the officer observed an odor of alcohol, watery eyes, and slurred speech. He appeared confused, clumsy, and disheveled. After performing poorly on the field sobriety tests, he was arrested for DUI. He later blew a .232 and .228 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.

Dec 12, 2024	Case: 24-MM-023256	Judge Jacobus
Facts:	The defendant was so intoxicated that he called the police saying he was being battered by staff members at a bar. When police arrived, the bouncers told the cops that the defendant consumed several drinks and was told not to drive. The police tried to stop the defendant, but he drove off, ran a stop sign, and turned off all his lights to avoid detection. When they eventually got him stopped, they smelled alcohol, noticed a flushed face, he had slurred speech, and he appeared clumsy. He also stumbled, swayed, and staggered. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test. He was also charged with resisting an officer without violence for not wanting to be cuffed or get into the police car.
Defense:	After negotiations with the State regarding the evidence and providing them mitigation on behalf of the defendant, the State Dropped the DUI and they also Dismissed the Resisting charge.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-029763	Judge Koenig
Facts:	The defendant crashed his car and it ended up in a ditch. The vehicle was totally destroyed. Officers noticed an odor of alcohol, bloodshot eyes, and he appeared unsteady. He appeared drowsy, disoriented, and clumsy. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-042269	Judge Koenig
Facts:	The defendant was stopped for weaving and continuously riding on the white line on the right-hand shoulder. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she fumbled with her documents. After performing various field sobriety tests, she was arrested for DUI. She later blew a .101 and .100 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.

Dec 12, 2024	Case: 24-CT-008355	Judge Scott
Facts:	The defendant was stopped after an officer observed him make a last second turn at a high rate of speed causing the defendant to take corrective action to regain control of the car. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a whiskey/ginger. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	The police reports were contradicted by the video tape. The defendant performed much better on the field sobriety tests on tape than as described in the police reports. In addition, his speech was not slurred on tape.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-009426	Judge Scott
Facts:	The defendant was stopped for speeding, weaving, and stopping over a stop bar at a red light. Officers observed an odor of alcohol, watery eyes, and slurred speech. He also had a wristband on from a bar. After performing poorly on field sobriety tests, he was arrested for DUI. He later blew a .166 and .164 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.

Dec 12, 2024	Case: 24-CT-005660	Judge Scott
Facts:	The defendant was involved in a crash whereby he backed into a pedestrian pushing a shopping cart in a Publix parking lot. Officers noticed an odor of alcohol, slurred speech, and droopy eyelids. He also swayed while he stood. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .133 and .130 in the breath machine.
Defense:	On tape, the initial officer can be heard saying he didn't smell any alcohol, yet the defendant was being detained for a long time until a DUI officer arrived. We put forth that the defendant was being detained unlawfully without evidence that he was actually DUI.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-008095	Judge Scott
Facts:	The defendant was stopped for swerving all over the road. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on the field sobriety tests, which included the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.