DUI Wins

Apr 14, 2023	Case: 22-CT-020977	Judge Bristow
Facts:	The defendant crashed his car into a gate at a housing community. He then left the scene and was located at a different location. Officers noticed an odor of alcohol, glossy eyes, and he looked visibly confused. His speech was slurred speech and swayed while walking. He then performed various roadside tests and was arrested for DUI and Leaving the Scene of an Accident. The defendant subsequently refused a breath test.
Defense:	There were numerous contradictions in the two officer's reports. For example, the first officer noticed slurred speech and no sway. On the other hand, the arresting officer noticed a sway and normal speech (not slurred). After conversations with the prosecutor, they agreed to Drop the DUI and dismiss the leaving the scene of an accident charge.
Result:	The State dropped the DUI.

Apr 13, 2023	Case: 22-CT-016569	Judge Gutman
Facts:	The defendant was stopped for driving with no lights after sunset and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, unstable balance, and he admitted to having drank beer. After performing several roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	After several negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 13, 2023	Case: 23-CT-000497	Judge Christine
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred/thick tongued speech. He also was slow to respond to questions from the officer. After performing several roadside tasks such as the HGN (eye test), walk and turn, one leg stand, finger to nose, and estimation of time, he was arrested for DUI. He later refused a breath test and this was the defendant's Second DUI.
Defense:	After speaking to the prosecutor and pointing out numerous inconsistencies between the reports and the video, the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Apr 13, 2023	Case: 22-CT-017166	Judge Gutman
Facts:	The defendant was stopped for driving eastbound in the westbound lane of travel. Officers observed an odor of alcohol, a flushed face, slurred speech, and bloodshot eyes. He was also unsteady and admitted to drinking alcohol. After performing field sobriety tests, he was arrested for DUI. He later blew a .106 and .105 in the breath machine.
Defense:	Many observations written were contradicted by the video tape. It was clear based on the defendant's performance on the field sobriety tests, he was lower than .08 at the time of driving.
Result:	The State dropped the DUI.

Apr 5, 2023	Case: 22-CT-011795	Judge Taylor
Facts:	The defendant was stopped for weaving. Officers observed an odor of marijuana, bloodshot eyes, and slurred speech. Her movements were slow and lethargic. The defendant refused to perform field sobriety tests and was arrested for DUI. She later provided a urine test. Results from FDLE were positive for marijuana.
Defense:	On tape, the officer told the defendant that he smelled pot coming from the car. The defendant stated it was her passenger. The defendant denied smoking and pot can be in your system for 30 days.
Result:	The State dropped the DUI.

Apr 4, 2023	Case: 22-CT-015471	Judge Farr
Facts:	The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed and had difficulty focusing on basic questions. The defendant refused to participate in field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	The video contradicted the police reports. On tape, his speech was not slurred and he was not off-balance (never swayed).
Result:	The State dropped the DUI.

Mar 29, 2023	Case: 22-CT-057295	Judge Jacobus
Facts:	The defendant was observed traveling in both lanes of travel with no lights. She was also crossing the over the solid yellow lines multiple times. Officers noticed an odor of alcohol, watery eyes, and a flushed face. She also had slurred speech and her movements were clumsy. After performing various roadside tests, she was arrested for DUI. She later blew a .200 and .192 in the breath machine.
Defense:	The defendant did not speak any English. There were numerous miscommunications throughout the DUI investigation. After pointing out all of the miscommunications to the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 29, 2023	Case: 22-CT-016210	Judge Taylor
Facts:	The defendant was stopped for driving with no lights. The officer noticed an odor of alcohol, red/glassy eyes, and slurred speech. The defendant stated he had drank two beers. The officer smelled vomit on the defendant's shirt. He then performed numerous field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI and later blew a .163 and .157 in the breath machine.
Defense:	After negotiating with the State about the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 29, 2023	Case: 22-CT-054860	Judge Musselman
Facts:	The defendant was stopped for making a slow turn, driving more than ten miles under the speed limit, and driving onto the fog line at multiple points. The officer observed an odor of alcohol, slurred speech, and repetitive statements. He appeared unsure, clumsy and confused. He then performed various field sobriety tests and was arrested for DUI. He later blew a .146 and .145 in the breath machine.
Defense:	After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-000099	Judge Conrad
Facts:	Officers stopped the defendant after they received a call about a domestic disturbance. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also appeared drowsy, was sweating profusely and had droopy eyelids. He then performed various roadside tests and was arrested for DUI. He later blew a .147 and .136 in the breath machine.
Defense:	The lawfulness of the traffic stop was called into question. There were no corroborating facts other than a call about a "domestic disturbance" to justify the traffic stop.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-501323	Judge Gagliardi
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and thick tongued/slow speech. He also had an uneven walk and an odor of marijuana was also detected. He then performed the HGN (eye test) and refused to perform any further roadside tests. He was the arrested for DUI and later refused a breath test.
Defense:	The written reports made the defendant out to seem very impaired. That was contradicted by the videotape evidence.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: A6SA7IE	Judge Hessinger
Facts:	The defendant was stopped for swerving after callers dialed 911 stating that the defendant was driving recklessly. Officers observed an odor of alcohol, the defendant admitted to having drank one beer, and he also had glassy eyes. The defendant refused to exit the car after multiple commands. He was then arrested for resisting an officer without violence. At the station, he was asked to perform field sobriety tests. The defendant agreed to perform only HGN (eye test), and then refused to perform further roadside exercises. He was then charged with DUI. He later refused a breath test.
Defense:	The firm raised issues regarding the lack of evidence to charge the defendant with DUI. In other words, a lack of probable cause. The State Dropped the DUI and he received no conviction on the resisting charge.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: AFWDCQE	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The defendant had an odor of alcohol, a flushed face, was fumbling around, and slow in her actions. The defendant's speech was stuttered and she admitted to having drank White Claws. She performed poorly on roadside tests such as the walk and turn, finger to nose, and one leg stand. She was arrested for DUI and later blew a .146 and .139 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.

Mar 28, 2023	Case: 22-CT-500997	Judge Gagliardi
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. Her face was red and she had trouble retrieving her documents. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	There was doubt as to whether there was even probable cause to arrest the defendant. On tape, we pointed out to the State that the officer can be heard on the body worn camera stating I think you "might" be impaired. We pointed out that defendant's normal faculties weren't impaired and on tape her speech was normal. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-500975	Judge Gagliardi
Facts:	Citizens dialed 911 stating that the defendant was failing to maintain her lane. Officers observed the defendant exit a parking lot without stopping and she failed to yield. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant refused to do roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
Defense:	There were three 911 calls. Oddly enough, one of the calls stated that they had no idea why police were pulling the defendant over as she did nothing wrong. This was immediately pointed out to the prosecutor. Also, although the stopping officer had a dash camera, it was never turned on for some unknown reason during the traffic stop to capture any alleged driving. Also, when a defendant refuses roadside tests, officers must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer didn't give any consequences. In addition, the officers were very aggressive and rude towards the defendant on the body worn cameras for no reason. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-500131	Judge Gagliardi
Facts:	The defendant was found passed out in his car after crashing into a fence and ending up in a ditch. The car was facing southbound in the northbound direction. The window had to be broken to gain access. Officers observed the defendant with agonal breathing and was unconscious. EMS arrived on scene and began to administer Narcan. The defendant was awakened and then transported to the hospital. The defendant's speech was slurred and his pupils were dilated. He admitted to having taken muscle relaxers, other controlled substances, and some unknown white pill. The defendant was charged with DUI. Records later revealed the presence of controlled substances.
Defense:	The various medications found in the defendant's system were prescribed. We pointed out to the State that he had a bad reaction to the doctor's mixing various medications through no fault of his own.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-008993	Judge Conrad
Facts:	The defendant stumbled out of her car while officers were investigating a traffic crash. They went up to the defendant and noticed an odor of alcohol. She was unsure how much alcohol she had consumed and had glossy eyes. Her speech was slurred and she couldn't stand up straight without falling. She performed very poorly on roadside tests and was arrested for DUI. She later blew a .151 and .146 in the breath machine.
Defense:	After several talks with the prosecutor about the facts and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2023	Case: 22-CT-014179	Judge Conrad
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .153 and .150 in the breath machine.
Defense:	After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 24, 2023	Case: 22-CT-018414	Judge Zuckerman
Facts:	The defendant was the at fault driver in a rear end crash involving three other cars. Officers noticed the defendant to have an odor of alcohol, red/watery eyes and he was inattentive at times. He also admitted to having drank wine. Due to a physical disability, the defendant performed nonphysical field sobriety tests such as HGN (eye test), ABC's, hand coordination, and the palm pat. The defendant told the officer about a medical condition so the officer, on his own without consulting the jail, decided to ask for a blood test, rather than arresting the defendant and taking him to jail. The defendant agreed and the blood alcohol results later revealed a BAC of .084 and .084 (just over the legal limit). He was then charged with DUI.
Defense:	When an officer requests blood outside a hospital and there is no death or serious bodily injury to another, the officer must advise the defendant that it is being offered as an alternative to a breath or urine test. Here, the officer did not. In addition, the blood was coerced as the officer told the defendant that if he provided blood, he would not go to jail, so of course the defendant agreed. Thus, the blood was not taken voluntarily. The State agreed that the blood test was unlawfully taken and they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 23, 2023	Case: 22-CF-012829	Judge Goudie
Facts:	The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol and bloodshot/glassy eyes. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. In a search incident to arrest, cocaine was found and he was also charged with Felony Possession.
Defense:	Under Florida law, when a defendant refuses to perform field sobriety tests, a defendant must be warned of adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer did not advise the defendant of any adverse consequences. Thus, the refusal would have been excluded. The State Dropped the DUI and the defendant received no criminal conviction on the Felony charge and no additional penalties.
Result:	The State dropped the DUI.