DUI Wins

May 14, 2024	Case: 23-CT-059243	Judge Garagozlo
Facts:	The defendant ran a stop sign causing him to crash his car into another vehicle and then into a tree. When the officer arrived, the defendant was moving the airbags out of the way and told the officer that he was "coming from the middle east." The officer observed an odor of alcohol, watery eyes, and slurred speech. While outside the car, he was stumbling around and almost fell over while walking. He refused to perform and field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
Defense:	The defendant had blood stains and also a cut on his elbow from the airbag. We pointed out to the State that the impairment observed could have been as easily from the severity of the crash and the airbags deploying versus alcohol. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 8, 2024	Case: 22-010942CF10A	Judge Bailey
Facts:	The defendant was drinking at a bar when another patron offered to give him a ride home. Despite his excessive level of intoxication, the defendant realized that the individual driving the car was going in the wrong direction. An argument subsequently ensued that eventually became physical. The driver pulled into a gas station several miles down the road and exited the car. The defendant then jumped into the driver's seat and tried to get away. The original driver jumped into the passenger side and began to strike the defendant in the face. They subsequently crashed into the gas station. Upon arrival, several officers observed a strong odor of alcohol, bloodshot eyes as well as extremely slurred speech. In addition, the defendant's face was covered in blood. He was arrested for felony DUI third offense as well as Grand Theft Auto. The defendant had a blood alcohol level of .40 (5 times the legal limit) as well as tested positive for cannabis.
Defense:	Parks & Braxton took the case over for another lawyer and began to piece together a necessity defense. Specifically, Florida law allows an individual to commit a crime if the offense they committed is outweighed by the harm the were trying to avoid. In this case, the defendant jumped into the driver's seat and attempted to drive away in an effort to avoid being physically battered by the owner of the vehicle. Through our investigation it was revealed that the owner of the car had been a boxer for over twenty years. In addition, based on the officers' body worn camera, it was clear that the defendant's facial injuries were not from the crash, but rather from being beaten by the owner of the car. There was clearly no intent to steal the vehicle. In addition, while the defendant was in the driver's seat at the time of the crash, it was merely in an effort to avoid the greater harm of being assaulted. The felonies were all dismissed.
Result:	The State dropped the DUI.

May 7, 2024	Case: 23-CT-012492	Judge Farr
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, slurred speech, and fumbling fingers. She also appeared slightly unsteady on her feet. She refused to perform roadside tests and was arrested for DUI. She later refused a breath test.
Defense:	On video, the defendant's speech was not slurred and she was not unsteady. In fact, none of her normal faculties were impaired. After discussions with the State, they Dropped the DUI, the defendant received no criminal conviction, and no penalties other than court costs.
Result:	The State dropped the DUI.

May 6, 2024	Case: 23-CT-057677	Judge Atkin
Facts:	The defendant was the at fault driver in a rear end crash in which airbags deployed. When officers arrived, they found the defendant unconscious (sleeping) in the rear back seat of his vehicle. After several attempts to awaken him, they noticed an odor of alcohol, slurred speech, bloodshot eyes, and he was very unsteady. Officers determined that he was the driver as he had seat belt markings from his left shoulder and there was blood on his hands consistent with the blood on the steering wheel. In addition, he had airbag burns on his arms and it was the front driver's side airbag that deployed. After he was confronted with this evidence, he admitted to having been the driver that rear ended the other car. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .148 and .141 in the breath machine.
Defense:	After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 6, 2024	Case: 24-CT-011433	Judge Atkin
Facts:	The defendant was stopped for making a right on red without stopping and following too closely. The officer noticed an odor of alcohol, slurred speech, and he stated he had drank "a couple." His eyes were bloodshot, he fumbled with his documents, and he appeared unsteady. The defendant then performed various roadside tests such as the walk and turn, one leg stand, finger to nose, finger count, and HGN (eye test). He was arrested for DUI and later refused a breath test.
Defense:	After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 1, 2024	Case: 24-CT-0144409	Judge T. Brown
Facts:	The defendant was found slumped over the wheel of his running car in a turning lane. Officers noticed an odor of alcohol, watery eyes, and slurred speech. His dexterity was fumbled as well. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .149 and .136 in the breath machine.
Defense:	After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 1, 2024	Case: 23-CT-055747	Judge Musselman
Facts:	The defendant was stopped after leaving a closed park after hours. Officers observed an odor of alcohol, slow speech, and bloodshot eyes. He also swayed, stumbled, and staggered. He performed various roadside tests such as the walk and turn, one leg stand, and count backwards. He was arrested for DUI and later blew a .202 and .202 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.

May 1, 2024	Case: 23-CM-011148	Judge Rich
Facts:	The defendant crashed his car into a concrete barrier. Upon arrival, officers noticed an odor of alcohol, glassy eyes, and thick-tongued speech. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 30, 2024	Case: 23-CT-016448	Judge Farr
Facts:	The defendant was stopped for driving erratically. She was swerving all over the road. Officers observed an odor of alcohol, watery/glassy eyes and slurred speech. She then performed various roadside tests such as HGN (eye test), the walk and turn, and one leg stand. She was subsequently arrested for DUI and later blew a .159 and .157 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.

Apr 30, 2024	Case: 23-CT-016778	Judge Farr
Facts:	The defendant was stopped for driving the wrong way on a one-way street. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a red face, appeared unsteady, and admitted to having consumed alcohol. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	Many aspects of the video contradicted the police reports. Her speech was not slurred, she was not unsteady, and was very responsive and coherent. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 29, 2024	Case: 23-CT-503748	Judge Swett
Facts:	The defendant crashed his truck into a police car while police were on scene blocking off a road for an unrelated traffic crash. Officers observed a faint odor of alcohol, bloodshot eyes, a dazed/blank look, and he appeared sleepy. While outside of the car, he staggered, appeared unsteady, and had slow speech. The defendant agreed to perform the HGN (eye test) and then refused to perform any other roadside tests. He told the officers to "just arrest him." They did arrest him for DUI and he later refused a breath test.
Defense:	On tape, the defendant was not unsteady, did not stagger, and his speech appeared normal. It was obvious from the tapes that the police arrested him for DUI because they were angry about the crash. After conversations with the State regarding the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 25, 2024	Case: 23-CT-006276	Judge Curington
Facts:	The defendant was stopped for weaving and drifting over the lanes of travel, driving on the lane itself, and also on fog line multiple times. The officer observed an odor of alcohol. He appeared jittery, had slow reflexes, and had slurred speech. He also had a sway to his stance and fumbled for his door latch. He refused to perform any field sobriety tests and was arrested for DUI. The defendant subsequently refused a breath test.
Defense:	On video tape, his speech was not slurred, he did not appear jittery, did not sway, and exhibited normal reflexes. Furthermore, the officer told him upon stopping him that he recorded a large portion of the driving pattern. That was not true and no driving pattern was on any video tape. The State Dropped the DUI and he received no conviction on his record.
Result:	The State dropped the DUI.

Apr 25, 2024	Case: AI9MO8E	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared drowsy. He had a dazed expression, was unsteady, and staggered as he walked. He then performed various field sobriety tests such as HGN (eye test), the walk and turn, one leg stand, and finger to nose. He was arrested for DUI and 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.

Apr 25, 2024	Case: 24-CT-500229	Judge Paluck
Facts:	The defendant ran a stop sign at an intersection and T-boned another car. An off-duty firefighter witnessed the accident. When officers arrived, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had an unsteady gait and his coordination was poor. He then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI. Believing he was also impaired by drugs, a DRE (drug recognition exam) was conducted.
Defense:	There were many conflicts between the video tape, the DRE report, and the police reports. After conversations with the State about the evidence, they Dismissed the DUI.
Result:	The DUI was dismissed.

Apr 24, 2024	Case: 24-CT-011445	Judge T. Brown
Facts:	The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, bloodshot/watery eyes, a flushed face, and slow/slurred speech. He was slow to exit the car, swayed while standing, and all his movements were sluggish. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	On video tape, the defendant's speech was normal, he never swayed, and none of his movements were slow or sluggish. After conversations with the State about the conflicts between the video tape the police reports, they Dropped the DUI to a Civil Carless Driving infraction.
Result:	The State dropped the DUI.

Apr 24, 2024	Case: 23-CF-011181	Judge Fuson
Facts:	The defendant was found passed out in his car by police in a lane of travel. There was no odor of alcohol, but officers, upon awakening him, noticed slurred speech, he kept nodding off, and appeared disoriented. He had bloodshot eyes, was unsteady, and swayed while he stood. Believing he was impaired by drugs, the officers requested him to perform field sobriety tests. He performed very poorly on the walk and turn and one leg stand exercises and was arrested for DUI. He later submitted to a DRE (drug recognition exam) and he also refused to provide a urine sample. Post arrest, drugs were found in the defendant's wallet. Those drugs tested positive for illegal controlled substances and he was also charged with two felony possession charges.
Defense:	After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI, Dismissed one felony, and he received No Felony Conviction on the other felony.
Result:	The State dropped the DUI.

Apr 23, 2024	Case: 23-CT-016771	Judge Gutman
Facts:	The defendant was stopped for driving westbound in the east bound lane. The officer noticed an odor of alcohol, glassy eyes, and slow moments. He displayed confusion, admitted to having 7 drinks (then changed it to a couple), and also appeared unsteady. He performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .124 and .122 in the breath machine.
Defense:	After conversations with the defendant regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 23, 2024	Case: 23-CT-014236	Judge Scott
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady on her feet and admitted to having drank two beers. She refused to perform any field sobriety tests and was arrested for DUI. The defendant agreed to take a breath test but was not blowing properly so the officer called it a refusal. This was the defendant's Second DUI.
Defense:	On tape, the defendant was not unsteady and her speech was normal. After negotiations with the State, they Dropped her Second DUI.
Result:	The State dropped the DUI.

Apr 23, 2024	Case: 23-CT-017599	Judge Gutman
Facts:	The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, slurred speech, difficulty giving his attention, and he appeared unsteady. The defendant admitted to consuming 4 beers and also fumbled with his items. He then performed various roadside tests and was arrested for DUI. He later blew a .096 and .092 in the breath machine.
Defense:	After pointing out the .02 margin of error in the breath machine to the State, we were able to place the defendant's breath test results under the legal limit.
Result:	The State dropped the DUI.

Apr 23, 2024	Case: 23-CT-018142	Judge Farr
Facts:	The defendant was stopped for speeding, driving in between two lanes, and weaving. The officer noticed an odor of alcohol, slurred speech, a dazed/blank stare, and fumbling fingers. He also had confusion, poor balance, and a tired appearance. He performed poorly on various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.