DUI Wins

Feb 2, 2023	Case: 22-CT-003712	Judge Wish
Facts:	The defendant was stopped for weaving. Upon contact, the officer noticed an odor of alcohol, slurred speech, and a flushed face. She had balance issues, had a confused/dazed look, and was very hostile and profane towards the officers. She then performed various roadside tests very poorly and was arrested for DUI. She later refused a breath test. This was the defendant's Fourth arrest.
Defense:	The firm announced ready for trial. After discussions with the State about conflicts in the evidence, the State Dropped the DUI just before the trial date.
Result:	The State dropped the DUI.

Feb 2, 2023	Case: 22-CF-000403	Judge Meadows
Facts:	The defendant drove his car off the roadway into a canal. A civilian saw the crash and pulled him out the car. Officers arrived on scene and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He appeared unsteady while standing outside the police car. He was asked to perform roadside tests to which he refused and was then arrested for DUI. He provided one breath result of .139 and refused to provide the legally required second sample. This was the defendant's Third DUI within ten years and he was charged with Felony DUI.
Defense:	The firm took pretrial depositions of the police officers and the civilian witness. All the witnesses' testimony contradicted each other, as well as the police reports, and police video. The firm announced ready for trial. The week before trial, the State Dropped the Defendant's Felony DUI.
Result:	The State dropped the DUI.

Feb 1, 2023	Case: 22-CT-012839	Judge Gutman
Facts:	The defendant was found passed out in his car. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	Due to a lack of probable cause to arrest based on the body worn cameras, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 1, 2023	Case: 22-CT-012838	Judge Gutman
Facts:	The defendant was stopped for making erratic lane changes and speeding. Officers noticed bloodshot eyes, droopy eyelids, and slurred speech. He also had body tremors and had difficulty concentrating. He then performed various field sobriety tests such as HGN (eye test), one leg stand, and walk and turn. He was arrested for DUI and later refused a urine test. Police found marijuana and a glass smoking bowl in the car post arrest.
Defense:	Even though they found marijuana,. the State could not prove he was impaired by the marijuana. Officers noticed nystagmus in the defendant's eyes on the HGN (eye test). When one is under the influence of marijuana, there will be no nystagmus.
Result:	The State dropped the DUI.

Feb 1, 2023	Case: 22-CT-010229	Judge Gutman
Facts:	The defendant was found passed out in his car on the railroad tracks. Officers smelled an odor of alcohol, bloodshot eyes, and slurred speech. The defendant also appeared to be confused and he stated that he had consumed three drinks. He performed poorly on roadside tests and was arrested for DUI. He later blew a .183 and .174 in the breath machine.
Defense:	After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 31, 2023	Case: 22-CT-011805	Judge Farr
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and he made unusual statements. After performing roadside tests, he was arrested for DUI. Believing he was impaired by drugs, the defendant provided a urine sample which came back from FDLE positive for marijuana.
Defense:	The State could not prove he was impaired by the marijuana because it could have been in his system for up to 30 days.
Result:	The State dropped the DUI.

Jan 31, 2023	Case: 21-012381MU10A	Judge Lerner-Wren
Facts:	The defendant was involved in a crash whereby she crashed her car into the cement median on the highway. Florida Highway Patrol made contact with the defendant and observed a strong odor of alcohol, bloodshot eyes and a flushed face. After completing the initial crash investigation, the Trooper advised the defendant that he was now conducting a criminal investigation for DUI. The defendant presented a confused look throughout the conversation. While the alcohol and drug influence report indicated that the defendant had slurred speech, the Trooper testified differently in a sworn deposition. The defendant refused to participate in any field sobriety tests and was arrested for DUI. She subsequently refused a breath test.
Defense:	Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest the defendant. In addition, the firm filed a second motion alleging that the refusal to submit to a breath test should be excluded as a violation of Florida Statute 316.1932. The Trooper testified in the hearing that the observations he observed were also consistent with an individual who was just involved in a crash. Ultimately, he testified that he could not confirm that the impairment that he witnessed was from alcohol. The motions were both granted and all of the evidence was excluded.
Result:	The DUI was dismissed.

Jan 30, 2023	Case: 22-CF-002086	Judge Riba
Facts:	The defendant was stopped after she failed to move over for a firetruck and police vehicles. She was speeding, straddling the lane markers, and nearly hit a firefighter and an officer. It took a while for the defendant to stop even after sirens were activated. Once stopped, officers observed glassy eyes, mush mouthed speech, and she used profanities toward the officers. Her movements were clumsy and she was very unsure in her movements. There was no odor of alcohol. Believing she was impaired by drugs, the officers requested her to perform field sobriety tests to which she refused. She was then arrested for DUI and later refused a breath test. This was the defendant's Fourth DUI and she was charged with a Felony DUI.
Defense:	Under Florida law, to prove DUI under 316.193 (Florida Statutes), the state must prove that a defendant was impaired by alcohol and/or a chemical and/or a controlled substance. Prior to trial, the firm took pretrial depositions of the two officers. At depo, the firm got both officers to state that they had no idea what was allegedly impairing the defendant, nonetheless a specific chemical substance under chapter 877 of the Florida Statutes or a controlled substance under 893 of the Florida Statutes. The State Dropped the Defendant's Felony DUI and she received no penalties other than court costs.
Result:	The State dropped the DUI.

Jan 27, 2023	Case: 22-CT-028493	Judge Musselman
Facts:	The defendant was stopped for running a stop sign, weaving, and almost crashing into a police car. The officer who conducted the stop noticed an odor of alcohol, bloodshot eyes, and slurred speech. His movements were slow, lethargic, and he stumbled. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense:	Many observations on tape contradicted the reports. On tape, his speech wasn't slurred and he never stumbled. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Jan 26, 2023	Case: 21-CT-003177	Judge Doyle
Facts:	The defendant was observed by civilians swerving all over the road and speeding. He eventually crashed his car into a utility pole. Officers arrived on scene and did not smell alcohol, but observed slurred speech, watery/glassy eyes, and he was unsteady. He also had to lean against the car for balance and was slow to respond to questions. Believing that he was impaired by drugs, he was requested to perform roadside tests to which he refused. He was then arrested for DUI and later refused a breath and urine test.
Defense:	Under Florida law, to be guilty of DUI under Florida Statute 316.193, a defendant must be impaired by alcohol and/or a chemical and/or a controlled substance. One cannot just simply be "impaired by something." Here, the defense filed a motion for statement of particulars to find out what the state was alleging by what specific chemical and/or controlled substance was allegedly impairing the defendant. Not being able to respond, the State Dropped the DUI the week before trial and the defendant received no conviction.
Result:	The State dropped the DUI.

Jan 24, 2023	Case: 22-CT-043562	Judge Garagozlo
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he had drank beer. He then performed various roadside tests such as the HGN (eye test), finger to nose, walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
Defense:	On tape, the defendant’s speech was not slurred and he performed better on the field sobriety tests than written. There was a lack of probable cause to arrest.
Result:	The State dropped the DUI.

Jan 24, 2023	Case: AEBMJPE	Judge Lawhorne
Facts:	The defendant backed her car up in a parking lot and crashed into a fire truck. When officers arrived, they noticed the defendant to have an odor of alcohol, slow movements, and slurred speech. She swayed while she stood and had bloodshot eyes. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	The video tape contradicted the officer's reports. For example, on tape she never swayed and her speech was normal.
Result:	The State dropped the DUI.

Jan 24, 2023	Case: AFLPJEE	Judge Croff
Facts:	The defendant was found passed out in his truck while stopped in the road and slightly in a bus lane. The defendant's head was in his hands and saliva was on his jeans. He appeared disoriented, had an odor of alcohol, droopy eyes, mumbled speech, and a dazed look. He then began to vomit in front of the officer for about a minute. During roadside tests, he had an uncomprehending expression and performed poorly. He was arrested for DUI and later blew a .137 and .136 in the breath machine.
Defense:	After discussions with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 23, 2023	Case: 22-CT-013868	Judge Bristow
Facts:	The defendant ran off the road and crashed her car into a fire hydrant. When officers arrived, they noticed the defendant to have an odor of alcohol, slow/slurred speech, and she was staggering. There was a container with whiskey found in the car as well. She then performed various field sobriety tests and was arrested for DUI. She later blew a .178 and .171 in the breath machine.
Defense:	The defendant's airbags deployed due to the hard impact. After being hit in the head with airbags, the officer still had her do the walk and turn and one leg stand exercises. There were doubts raised as to whether her impairment at the scene was caused from the accident versus alcohol.
Result:	The State dropped the DUI.

Jan 23, 2023	Case: 22-CT-017325	Judge Bristow
Facts:	The defendant was stopped for failing to maintain a single lane and driving too slow. Officers observed the defendant to have an odor of alcohol, thick/slurred speech, and glassy eyes. He was unsteady on his feet and admitted to having drank two glasses of wine. He performed very poorly on the roadside tests. For example, he could not state the alphabet correctly and could not follow the simplest of instructions on the finger to nose exercise due to is intoxication level. He was then arrested for DUI and later blew a .231 and .224 in the breath machine.
Defense:	After several conversations with the prosecutor about the facts and the defendant himself, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 20, 2023	Case: 22-CT-019340	Judge Silverman
Facts:	The defendant was stopped for swerving and causing other drivers to avoid contact. There was no odor of alcohol, however, officers noticed a flushed face, slow movements, bloodshot eyes, and mood swings. The defendant stated she had taken her prescribed medications. Due to physical limitations, she was given alternative roadside tests which did not involve walking or standing on one leg. She was then arrested for DUI and later provided a urine test which was analyzed by FDLE. It came back positive for controlled substances. This was the defendant's Second DUI.
Defense:	The defendant was prescribed all the medications that she tested positive for. Many of the observations written in the police reports were contradicted by the videotape. The State agreed and Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Jan 20, 2023	Case: 22-CT-029775	Judge Silverman
Facts:	The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, but officers observed the defendant to have constricted pupils, lethargic movements, and slow/raspy speech. The defendant stated that she takes a variety of medicines, all prescribed. Believing she was impaired by drugs, she then performed various field sobriety tests. She was then arrested for DUI and later provided a urine sample. The sample came back from FDLE with positive results for amphetamines and Xanax.
Defense:	The accident happened on the defendant's way home from work. She hadn't taken any medicines since the morning and was not impaired. Her performance on the roadside tests on tape showed a lack of probable cause. The State agreed and Dropped the DUI to a Civil Careless Driving Infraction.
Result:	The State dropped the DUI.

Jan 13, 2023	Case: 22-CT-041834	Judge Atkin
Facts:	The defendant was stopped for driving with no taillights. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. There was an open container of alcohol in the car and the defendant's movements were slow. The defendant also leaned against the car for balance. After performing various field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense:	Due to contradiction between the videotape and the police reports, there was a lack of probable cause to arrest the defendant.
Result:	The State dropped the DUI.

Jan 12, 2023	Case: 22-CT-015225	Judge Damico
Facts:	Police were called as the defendant's car was stuck in a drainage ditch. The officer noticed an odor of alcohol, red eyes, and she had stated she had consumed a few vodka drinks at the club. She then performed various roadside tests such as the walk and turn, finger to nose, and alphabet. She was then arrested for DUI and later blew a .181 and .167 in the breath machine.
Defense:	After several conversations with the State about the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.