DUI Wins

Jul 30, 2024	Case: 24-CT-004316	Judge Farr
Facts:	The defendant was stopped for swerving, driving too slowly, swerving, and crossing over lane lines multiple times. The officer observed an odor of alcohol, watery eyes, lethargic appearance, and slurred speech. He stated he had consumed one drink. He then performed poorly on field sobriety tests such and the walk and turn and one leg stand. He was arrested for DUI and later blew a .172 and .171 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.

Jul 30, 2024	Case: 23-001244MU10A	Judge Lerner-Wren
Facts:	The defendant was involved in a multiple vehicle crash. When the officers arrived she was still seated behind the wheel of the vehicle. The other individuals in the crash gave statements identifying the defendant as the "at fault" driver in the crash. On video, the defendant was unable to locate her driver's license. Her speech was extremely slurred. She clearly looked and acted impaired. The report indicated that the defendant was under the influence of alcohol or some type of narcotic or medication. The defendant was taken to the hospital and provided both a urine as well as a blood test. The defendant was charged with DUI Property Damage.
Defense:	The urine and blood tests were taken at the request of medical staff, and not law enforcement. The prosecutors made several attempts to acquire the results of the tests. Each time counsel objected based on HIPPA privacy rights. Eventually, the case was set for trial.
Result:	The State dropped the DUI.

Jul 30, 2024	Case: 24-CT-003614	Judge Rich
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, he appeared jittery, overtalkative, and sweaty. He also spoke usually fast and was unable to stand still. He then performed various roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	On tape, none of the defendant's normal faculties were impaired. Based on his performance on the roadside tests, there was a lack of probable cause to arrest him. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Jul 30, 2024	Case: 22-007009MM10A	Judge Lerner-Wren
Facts:	The defendant was involved in a crash with another vehicle. The first officer on scene took a sworn statement from the driver of the other vehicle who identified the defendant as the driver of the vehicle. The DUI officer arrived on scene and observed a strong odor of alcohol and extremely slurred speech. In addition, the defendant was swaying back and forth on video. The defendant agreed to perform the HGN (eye test) as well as the walk and turn and one leg stand test. The defendant performed poorly on video and was arrested for DUI. The defendant refused to perform a breath test. This was his second DUI.
Defense:	The video certainly indicated a level of impairment. However, counsel argued that the impairment could just as likely come from the crash as opposed to alcohol. As a result, counsel announced ready and set the case for trial. On the morning of trial the state dropped the DUI. The client received no conviction anywhere on his record.
Result:	The State dropped the DUI.

Jul 30, 2024	Case: 24-CT-001711	Judge Farr
Facts:	The defendant was stopped for weaving and hitting a curb causing the tire to go flat. The officer observed an odor of alcohol, glassy eyes, and slurred speech. She had a noticeable sway, admitted to drinking at a nearby bar, and had difficulty providing her documents. She then performed the walk and turn, one leg stand, and HGN (eye test) exercises. She was arrested for DUI and later refused a breath test.
Defense:	Many observations written in the police reports were contradicted by the video tape. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Jul 30, 2024	Case: 24-CT-002163	Judge Farr
Facts:	The defendant was found passed out/unconscious at a green light in his running car. Officers awoke the defendant and noticed an odor of alcohol, watery eyes, and slow/lethargic movements. The defendant swayed while he stood and admitted to having drank martinis. He performed poorly on roadside 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.

Jul 30, 2024	Case: 24-CM-003133	Judge Rich
Facts:	The defendant was stopped after he was observed weaving all over the road. Officers noticed an odor of alcohol, red/watery eyes, he fumbled with his documents, and he appeared unsteady. The Officer noticed a vegetative like substance on the defendant's person that appeared to be marijuana. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a urine test.
Defense:	Officers believed he was impaired by drugs and not alcohol. Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything.” The cops never sent any of the "vegetative" substances off to the lab for testing.
Result:	The DUI was Dismissed.

Jul 30, 2024	Case: 24-CT-003981	Judge Rich
Facts:	The defendant was stopped after he was observed by police sitting at a green light and not moving for several moments. The officer noticed an odor of alcohol, slurred speech, and watery/glossy eyes. While outside of the car, he was unsteady on his feet. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	On video, the defendant was not sitting at a light for minutes. It was actually 14 seconds. Also, his speech was not slurred and he was not unsteady. Thus, the officer was not truthful in her reports and her credibility was called into question.
Result:	The State Dropped the DUI and he received no probation or any penalties other than court costs.

Jul 29, 2024	Case: 24-CT-501056	Judge Gill
Facts:	The defendant was involved in a traffics crash whereby his vehicle rolled over upside down. Officers noticed the defendant to have bloodshot/red eyes, slurred/mumbled speech, and he seemed confused. He swayed while he stood, was screaming, and was very insulting. it should be noted that there was no odor of alcohol. Believing he was impaired by drugs, he was offered field sobriety tests to which he refused. He was then arrested for DUI and later refused a urine test and breath test. This was his Second DUI arrest.
Defense:	Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute, 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything." The State Dismissed the DUI. It should be noted the firm also beat the defendant's first DUI a few years ago as well.
Result:	The DUI was dismissed.

Jul 23, 2024	Case: AIU1A7E	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, he swayed while he stood, and had watery eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI.
Defense:	The firm pointed out to the State that on video his speech was not slurred and he did not sway. In fact, he performed dramatically better on the roadside tests on tape than as described in the police reports.
Result:	The State dropped the DUI.

Jul 23, 2024	Case: AHFCCAE	Judge Lawhorne
Facts:	The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, bloodshot eyes, disorganized speech, and an unsteady/poor gait. The defendant agreed to perform HGN (eye test) and then refused to do any other roadside tests. She was arrested for DUI and 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.

Jul 18, 2024	Case: 21-18001MU10A	Judge Diaz
Facts:	The defendant was involved in a crash with a police officer. The initial officers on the scene smelled an odor of alcohol as well as noticing unsteadiness on his feet. During the crash investigation the officer stated that the defendant's speech was slurred. The defendant was taken to a medical facility where a blood test was provided. The defendant's blood alcohol content was .109.
Defense:	Parks & Braxton took independent statements of the officers on scene. Each officer acknowledged that it was clear that the officer was at fault in the crash by failing to yield to the defendant who had the right of way. In addition, based on the severe nature of the crash, any observations regarding slurred speech and unsteadiness could have just as easily been a result of the accident as opposed to the consumption of alcohol. Recognizing the issues in the case, the prosecutor agreed to drop the DUI.
Result:	The State dropped the DUI.

Jul 17, 2024	Case: 24-CT-021668	Judge Atkin
Facts:	A retired cop called 911 stating that the defendant was swerving all over the road and appeared to be an intoxicated driver. A police officer located the defendant and also saw he had two missing side view mirrors. He stopped the defendant and observed an odor of alcohol, slurred speech, unsteadiness, and glassy eyes. The defendant stated that he had drank 6 beers. He performed poorly on roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI and later blew a .153 and .150 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.

Jul 17, 2024	Case: 23-CT-055046	Judge Atkin
Facts:	The defendant was stopped after he was seen driving the wrong way by police. Officers noticed an odor of alcohol, glassy eyes, and a clumsy demeanor. He was slow exiting he car, walked slow, and swayed while he stood. He refused to perform any field sobriety tests and was arrested for DUI.
Defense:	The officer who stopped the defendant was a different officer than the one who arrested him. On tape, the DUI cop who got called to the scene went right up to the defendant after a brief conversation with the stopping officer. When he went up to the defendant, he said "I believe you’re under the influence." We pointed out the State that that was ridiculous for him to conclude that when he hadn't even observed him yet or done any investigation. The officer's credibility was called into question and the State Dropped the DUI.
Result:	The State dropped the DUI.

Jul 17, 2024	Case: 24-CT-017063	Judge Ingram
Facts:	The defendant was stopped for swerving all over the road, driving too slow, and speeding up. The officer observed an odor of alcohol, bloodshot eyes, and mumbled/slurred speech. Her movements were slow, unsteady, and unsure. She then performed poorly on roadside tests such as the HGN (eye test), finger to nose, and a palm pat. She was arrested for DUI and 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.

Jul 17, 2024	Case: 24-CT-500560	Judge Gill
Facts:	The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, bloodshot eyes, and thick tongued/slurred speech. He admitted to having drank two to three beers and fumbled with his documents. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .144 and .141 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.

Jul 16, 2024	Case: 24-CT-001008	Judge Bagge-Hernandez
Facts:	The defendant was stopped for weaving all over the road. Specifically, he was speeding, straddling lane markers, and swerving within his lane. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant had a bar wristband on and admitted to having consumed alcohol. According to the officer, he performed poorly on field sobriety tests and was arrested for DUI.
Defense:	After conversations with the State regarding the evidence and the DUI, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jul 16, 2024	Case: 23-CT-017165	Judge Gutman
Facts:	The defendant was stopped for driving without headlights and tailgating. The officer noticed an odor of alcohol, glassy eyes, confusion, and she admitted to having drank alcohol. She then performed HGN, the walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
Defense:	The firm pointed out to the State that none of the defendant's normal faculties were impaired. Her field sobriety tests on tape were much better than as described by the officer in his reports. The State Dropped the DUI and the defendant received no probation or penalties other than court costs.
Result:	The State dropped the DUI.

Jul 15, 2024	Case: 22-015264MU10A	Judge Carpenter-Toye
Facts:	The defendant was trailering a boat on the highway when he crashed into another vehicle. The other driver observed sluggish movements and contacted the Florida Highway Patrol. Two Troopers arrived on scene and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant was removed from the highway and taken to another nearby location to perform field sobriety tests. The defendant completed the walk and turn, HGN (eye test), as well as the one leg stand. He was subsequently arrested for DUI and provided a breath sample of .097. This was his second offense for DUI.
Defense:	The video completely contradicted the Troopers' observations. On video, the Troopers turned off their audio and had a private conversation regarding the defendant's performance on the field sobriety tests. While not audible, it was clear that they were discussing the defendant's performance on the tests. At the same time, the defendant stood off in the distance unaccompanied by the police. Clearly, the Troopers were not concerned about the erratic behavior that is typically associated with an intoxicated individual when they left him standing by himself. In addition, while the breath test was above a .08, it was not representative of what the defendant's breath alcohol level was at the time of the crash as required by law. The case was set for trial on the morning of July 15, 2024.
Result:	The State dropped the DUI.

Jul 3, 2024	Case: 24-CT-002625	Judge Rich
Facts:	The defendant was found by a security guard sleeping in his car on the top level of a parking garage. Police were called out. When the officer arrived, the defendant was standing outside of the car with the security guard. The officer noticed an odor of alcohol, slurred speech, and he stated he had consumed a couple of drinks earlier. He then performed various roadside tests and was arrested for DUI. He later blew a .094 and .091 in the breath machine.
Defense:	Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime. Here, the officer did not observe the defendant driving or in actual physical control when he arrived. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dismissed.
Result:	The DUI was dismissed.