DUI Wins

Dec 12, 2023	Case: 23-CT-007813	Judge Rich
Facts:	The defendant was stopped for drifting within his lane, fluctuating speeds, following too closely, and rapidly changing lanes. The officer noticed an odor of alcohol, red/watery eyes, and fumbling fingers. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	Many of the observations written in the police reports were contradicted by the video tape. The firm had conversations with the prosecutor and they Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Dec 12, 2023	Case: 23-CT-006817	Judge Rich
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and watery/glassy eyes. He also had fumbling fingers and used his hands to climb out of the car. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	The firm pointed out to the State, that on video, the defendant's normal faculties were not impaired. His speech was not slurred and he performed excellently on the roadside tests. The State agreed and Dropped the DUI. The defendant received no criminal conviction and no further penalties other than court costs.
Result:	The State dropped the DUI.

Dec 11, 2023	Case: 23-CT-013882	Judge Damico
Facts:	The defendant was stopped for speeding. He was pace clocked by the officer at 125 mph in a 70 mph zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He stated that he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He performed poorly and was arrested for DUI. He later attempted to blow into the breath machine, but kept stopping and then blowing so the police could not get two valid samples. Since he would not blow properly as instructed, it was marked as a refusal.
Defense:	After conversations with the State about the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 11, 2023	Case: 23-CT-013524	Judge Damico
Facts:	The defendant was found parked with her car halfway into a lane of travel and the other half on a shoulder. When an officer approached, he noticed an odor of alcohol and she stated she had drank "two beers." She also had slow/slurred speech, a flushed face, and she kept repeating the same statements. She then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and estimation of 30 seconds. She was subsequently 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.

Dec 7, 2023	Case: 23-MM-043998	Judge Atkin
Facts:	The defendant was the at fault driver in a rear end crash. When officers arrived, they didn't smell any alcohol, but noticed her reactions were slow and deliberate and her voice was low and raspy. The defendant stated she takes Adderall (a CNS stimulant). Believing she was under the influence of drugs, she was asked to perform field sobriety tests such as HGN/VGN (eye test, walk and turn, and a one leg stand. She refused to submit to a urine sample, but agreed to submit to a DRE (drug recognition evaluation). The defendant was subsequently arrested for DUI.
Defense:	The firm has a copy of the police DRE manual. We compared many of the observations made by the initial arresting officer as well as the DRE officer to the manual. They observed many things which were inconsistent with someone who is under the influence of a CNS stimulant (i.e., Adderall). In fact, many observations were consistent with someone who is under the influence of a CNS depressant which would have the exact opposite effect. After conversations the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Dec 7, 2023	Case: 23-CT-039341	Judge Silverman
Facts:	The defendant was stopped for having an empty license plate space on the rear of the vehicle and crossing over into the solid white bike lane. The officer observed an odor of alcohol, glassy eyes, and an open Corona beer was found in the cup holder. After performing various field sobriety tests, he was arrested for DUI. He blew under the legal limit in the breath machine so the officer requested a urine test. The defendant complied and the FDLE lab report showed positive results for amphetamines, benzos, and marijuana (all controlled substances).
Defense:	The defendant did not make any statements about taking any drugs. The State could not prove that he was under the influence of those drugs at the time of the incident as they could have previously been in his system. The State Dropped the DUI and he received no criminal conviction.
Result:	The State dropped the DUI.

Dec 7, 2023	Case: 23-CT-032722	Judge T. Brown
Facts:	The defendant crashed his truck into a wooded area. When officers arrived on scene, they noticed an odor of alcohol, slurred speech, and he swayed. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .132 and .131 in the breath machine.
Defense:	When officers arrived, the defendant was seen walking down the road. Upon contact with the defendant, he denied being the driver. Officers then spoke to a witness to the crash, but he couldn't identify the defendant as the actual driver. The State had a problem placing the defendant as the driver.
Result:	The State dropped the DUI.

Dec 7, 2023	Case: 23-CT-044028	Judge Silverman
Facts:	The defendant was found by police unconscious in his car with the car in drive and his foot on the brake. Officers attempted to awake the defendant and even had to break the window. They noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He then performed various 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.

Dec 7, 2023	Case: 23-CT-035729	Judge T. Brown
Facts:	The defendant was the at fault driver after crashing into several large barricades. When officers stopped the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He also had a flushed face, admitted to having drank four beers, and a sway while standing and walking. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .156 and .140 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 6, 2023	Case: 23-CT-006812	Judge Taylor
Facts:	The defendant was stopped for driving with an inoperable tag light. The officer noticed an odor of alcohol and bloodshot/watery eyes. The defendant 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:	There was no reasonable suspicion of a crime (i.e., evidence of impairment) to even lawfully justify requesting field sobriety tests. In addition, there was no probable cause to even arrest him because he performed the roadside tests almost perfectly on tape. The State Dropped the DUI and the defendant received no penalties other than court costs.
Result:	The State dropped the DUI.

Dec 6, 2023	Case: 23-CT-008203	Judge Taylor
Facts:	The defendant was stopped for driving with no lights and almost striking another vehicle. The officer noticed an odor of alcohol, she admitted to having drank whiskey, had watery eyes, and slurred speech. She then performed poorly on the field sobriety tests such as the one leg stand and walk and turn. 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.

Dec 5, 2023	Case: 23-CT-006430	Judge Farr
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated that he had just left a bar, was slow to respond to the officer, and had a noticeable sway. He only agreed to perform the HGN (eye test) and then refused to perform any further field sobriety tests. He was then arrested for DUI and later refused to take 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.

Dec 5, 2023	Case: 23-CT-010645	Judge Conrad
Facts:	The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery/glassy eyes, and slurred speech. He also appeared unsteady on his feet and he admitted to having consumed two beers. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also driving without a valid driver's license.
Defense:	The firm pointed out to the State, that on tape, the defendant's normal faculties were not impaired. His speech was normal and he was not off balance or unsteady in any way. He also was responsive, coherent, stood without a sway, and walked normally. He also performed the field sobriety tests much better on tape than as described in the police reports. The State watched the video, agreed with our position, and Dropped the DUI. He was also charged with not having a valid driver's license and that charge was Dismissed.
Result:	The State dropped the DUI.

Dec 5, 2023	Case: 23-CT-501265	Judge Gagliardi
Facts:	The defendant took an on ramp too fast and ended up crashing into a retention pond. The car was totally submerged under water. He was observed swimming out of the car by a civilian witness. When officers arrived, they noticed an odor of alcohol, slurred speech, glassy eyes, and he admitted to having drank alcohol earlier. His clothes were obviously soaking wet. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	The firm announced ready for trial. In our discussions we pointed out to the prosecutor that accidents happen and that not everyone is impaired who is involved in a crash. On tape, the defendant's speech was not slurred, he was standing normally, and he was very responsive and coherent. Also, on tape, the defendant was trying to ask the officer questions and the officer kept shutting him down and would not let him speak. After negotiations short of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 1, 2023	Case: AGP1ZDE	Judge Komninos
Facts:	The defendant was stopped for driving with only one headlight. The officer noticed an odor of alcohol, a flushed face, a sway to his stance, and bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	On tape, the defendant's speech was normal, he was not off balance, and he performed very good on the field sobriety tests. We put forth to the State that there was a lack of probable cause to arrest him.
Result:	The State dropped the DUI.

Dec 1, 2023	Case: AHC3ZSE	Judge Komninos
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/thick tongued speech, and watery eyes. She also had dilated pupils, an odor of marijuana, and she exited her car slowly. The defendant refused to perform roadside tests and was arrested for DUI. She 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.

Dec 1, 2023	Case: AI9MB4E	Judge Komninos
Facts:	The defendant was stopped for running a red light and almost causing a crash. The officer noticed an odor of alcohol, mumbling/slurred speech, and glassy eyes. He staggered, swayed, and appeared off balance. He then performed the walk and turn, one leg stand, and HGN (eye test) and was arrested for DUI. He later blew a .138 and .133 in the breath machine.
Defense:	On video, the defendant's speech was normal, he was not off balance, and he did not stagger. His performance on the field sobriety tests was nearly perfect . This clearly showed that he may have been under the legal limit at the time of driving and was absorbing alcohol when he blew into the breath machine.
Result:	The State dropped the DUI.

Nov 29, 2023	Case: 23-CT-037575	Judge Garagozlo
Facts:	The defendant was stopped for speeding and failing to yield to a police car. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and the defendant was smiling and chuckling. He was clumsy and unsure in handling his documents. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and blew a .087 and .082 in the breath machine.
Defense:	Under Florida law, one can only be requested to take a breath test after they have been lawfully arrested for DUI. We do not have pre-arrest breath tests in Florida. Here, on tape, the officer asked the defendant for a breath test prior to arresting him. When the defendant stated that he did not want to take it, he was immediately arrested for DUI. While being handcuffed, he then stated that he would take it, but was still placed under arrest. Thus, the State knew that the breath test would be excluded for two reasons. One, he was asked for the breath test prior to being arrested. Secondly, he only took it under duress and coercion in an attempt to not be arrested.
Result:	The State dropped the DUI.

Nov 29, 2023	Case: 23-CT-010062	Judge Gutman
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol and watery/glossy eyes. The defendant performed various field sobriety tests and was arrested for DUI. He later blew a .091 and .090 in the breath machine.
Defense:	Due to a .02 margin of error in the breath machine, the firm was able to place the defendant's breath tests results under the legal limit. In addition, on tape, the defendant's speech was normal, he was responsive and coherent, and not off balance or unsteady.
Result:	The State dropped the DUI.

Nov 28, 2023	Case: 23-CT-008239	Judge Farr
Facts:	The defendant was stopped for driving without headlights at night. The officer observed an odor of alcohol, glassy eyes, and an unsteady balance. The defendant needed to lean on the officer’s front bumper and an electric box for balance. He performed poorly on roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later blew a .125 and .118 in the breath machine.
Defense:	After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.