DUI Wins

Jan 12, 2023	Case: AEBMTKE	Judge Szematowicz
Facts:	The defendant was stopped after he pulled out of a strip club parking lot and didn't stop before entering the roadway. Officers immediately stopped him. They observed an odor of alcohol, a dazed expression, and he was slow to answer questions. He swayed while he stood and had bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	The firm took a pretrial deposition of the officer who initiated the traffic stop. After questioning the officer under oath, it was apparent that the lawfulness of the stop was in question due to no traffic or pedestrians being affected.
Result:	The State dropped the DUI.

Jan 12, 2023	Case: A777BEE	Judge Croff
Facts:	The defendant was stopped for weaving and driving with no headlights. The officer observed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and later refused a breath test.
Defense:	After several talks with the prosecutor about the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 12, 2023	Case: AEBMKTE	Judge Hessinger
Facts:	The defendant was stopped for a tag violation. The officer noticed an odor of alcohol, slurred/slow/mumbled speech, and lethargic movements. The defendant denied drinking any alcohol. She fumbled with her documents and had a flushed face. The officer also noted that she swayed, staggered, and appeared unsteady. After refusing to perform any roadside tests other than HGN (eye test) , she was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	The firm pointed out to the State, that on tape, her speech was normal and she was not off balance in any way. She never stumbled, swayed, or fumbled with anything. The State Dropped the Defendant's Second DUI.
Result:	The State dropped the DUI.

Jan 11, 2023	Case: 22-CT-008908	Judge Farr
Facts:	The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, droopy eye lids, and a flushed face. He also had bloodshot eyes and appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	Everything the officer wrote was exaggerated and contradicted by the video tape. For example, his speech was not slurred, he was not unsteady, and performed much better on the field sobriety exercises than as described. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Jan 11, 2023	Case: 22-CM-005754	Judge Farr
Facts:	The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank vodka. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.
Defense:	After several conversations with the State about the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 10, 2023	Case: 22-CT-039061	Judge Jacobus
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his pupils were small. The defendant stated he had drank beer, exited the vehicle slowly, and appeared unsteady on his feet. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .105 and .105 in the breath machine.
Defense:	After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 10, 2023	Case: 22-CT-038083	Judge Jacobus
Facts:	The defendant was stopped after an officer noticed the defendant stopped in the road. As the officer attempted a traffic stop, the defendant pulled away but was stopped eventually. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He also swayed and stumbled while outside his car. He performed poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	The officer stated that he conducted the traffic stop due to the defendant obstructing the roadway. However, there was no traffic on the road. The lawfulness of the traffic stop was called into question. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Jan 10, 2023	Case: 22-CT-047984	Judge Jacobus
Facts:	The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two shots and exhibited balance issues. In the middle of the walk and turn exercise, the defendant refused to continue and was arrested for DUI. She later refused the breath test This was the defendant' Second DUI arrest.
Defense:	Many observations written in the reports were contradicted by the videotape.
Result:	The State Dropped the defendant's Second DUI.

Jan 10, 2023	Case: 22-CT-039066	Judge Jacobus
Facts:	The defendant was found passed out in his car at a Circle K gas station. A concerned citizen caller dialed 911 after spotting the defendant. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was arrested for DUI. He later blew a .214 in the breath machine, but then refused to provide a second sample as required by law, so it was labeled as a refusal.
Defense:	There was no reasonable suspicion of a crime to order him out of the car once it was determined he was simply sleeping.
Result:	The State dropped the DUI.

Jan 10, 2023	Case: 22-CT-000997	Judge C. Wish
Facts:	The defendant crashed his car and ended up stuck on top of a concrete barrier. Officers observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and very slurred speech. The defendant had an unsteady gait. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense:	The firm pointed out to the State that all the defendant's statements on video were taken in violation of his Miranda rights and in violation of the accident report privilege. In addition, the DUI officer asked the defendant to perform a DUI investigation. The defendant kept asking her to explain what that was exactly and she never explained anything. In other words, she never told him she wanted him to specifically do field sobriety tests. In addition, the officers were rude and aggressive on tape for no reason towards the defendant.
Result:	The State Dropped the defendant's Second DUI.

Jan 6, 2023	Case: 22-CT-501091	Judge Gil
Facts:	A call went out over 911 that the defendant was involved in a domestic disturbance with a female on the beach. The complainant stated that there was screaming and whimpering and that the male (i.e. the defendant) had forced the female to the beach. Officers located the defendant driving away and conducted a traffic stop. They observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. While outside the car, the defendant swayed and stumbled. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	When a call is anonymous, there must be corroboration by the police of the act in order to conduct a traffic stop. Here, there was no attempt to make contact with the caller and there was not even an erratic driving pattern, nonetheless any corroboration of a domestic disturbance, so the traffic stop was illegal. The State agreed with the firm and Dismissed the DUI.
Result:	The DUI was dismissed.

Jan 3, 2023	Case: 22-CT-010146	Judge Conrad
Facts:	The defendant was found passed out in her car in a lane of travel. Upon awakening her, the officers noticed an odor of alcohol, glassy eyes, and her reflexes were sluggish and clumsy. The defendant was belligerent, argumentative, and agitated. After performing poorly on roadside tests, she was arrested for DUI. Due to medical issues, she was taken to the hospital and not the jail. This was the defendant's Second DUI.
Defense:	At the scene, the defendant kept telling the officers she was diabetic. Fire rescue got called and her blood sugar was very elevated well beyond normal limits. There was reasonable doubt as to whether she was impaired by alcohol versus having a diabetic episode.
Result:	The State Dropped the defendant's Second DUI.

Jan 3, 2023	Case: 22-CT-012997	Judge Conrad
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank 2 or 3 beers. He then performed various field sobriety tests and was arrested for DUI. He subsequently blew a .126 and .134 in the breath machine.
Defense:	Issues were raised by the firm as to the lawfulness of the traffic stop. The reports were vague as to the exact specifics of the driving pattern.
Result:	The State dropped the DUI.

Dec 13, 2022	Case: AEBN62E	Judge Komninos
Facts:	Police were called to a residential complex in regards to a domestic dispute between the defendant and her boyfriend. He was the one who actually called the police on her stating that she was intoxicated and causing problems. When officers arrived, the defendant was asleep in her car in a parking space. The engine was off and the keys were in her purse. Upon awakening the defendant, they noticed very incoherent/slurred speech, an odor of alcohol, and she was off balance. The defendant was loud and repeated some statements numerous times. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI in less than a year.
Defense:	The State could not prove that she was in actual physical control as she had no "capability" to operate the motor vehicle when she was sleeping, the keys were in her purse, and the car was off.
Result:	The State Dropped the defendant's Second DUI.

Dec 13, 2022	Case: AEX931E	Judge Komninos
Facts:	The defendant was stopped for running a red light. Officers observed an odor of alcohol, swaying/unsteadiness, and his eyes were red and watery. He performed poorly on roadside tests and was arrested for DUI. He later blew a .113 and .113 in the breath machine.
Defense:	Due to conflicts in evidence between the reports and the videotape, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 13, 2022	Case: AEBMUKE	Judge Komninos
Facts:	The defendant was stopped for weaving and crossing into the bike lane. The officer noticed an odor of alcohol, watery/dilated eyes, and the defendant was irate. She then performed various roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.
Defense:	After several discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 13, 2022	Case: AG5POKE	Judge Komninos
Facts:	The defendant was stopped for driving a golf cart at night with no headlights. Officers observed an odor of alcohol, bloodshot/watery eyes, and slowed speech. He also exhibited eyelid and body tremors, could not focus, and also swayed. He performed poorly on roadside tests and was arrested for DUI. He later blew a .165 and .146 in the breath machine.
Defense:	Under Florida law, prior to administering a breath test, a defendant must be watched for 20 minutes to assure no burping, regurgitating and nothing taken by mouth. Here, back at the station, and on the officer’s body worn camera, it showed on the timer only a 6 minute observation period. The officer had written that the defendant was observed for 20 minutes which was a lie. Knowing that the breath test would be excluded from evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 13, 2022	Case: AG5PNTE	Judge Komninos
Facts:	Officers were dispatched to a disturbance call at a restaurant, caused by the defendant. When they arrived, they found the defendant attempting to leave the parking lot. They observed constricted pupils, glassy eyes and she swayed while she stood. She also had mumbled/slurred speech and appeared agitated. Officers did not smell any alcohol. After performing only the HGN (eye test), she was arrested for DUI. She later refused a breath and urine tests.
Defense:	Under Florida law, for the State to prove a DUI, a person must be under the influence of alcohol and/or a specific chemical and/or controlled substance. Here, since there was no alcohol involved, they could not prove by which specific controlled or chemical substance allegedly impaired the defendant. The State Dropped the DUI to a Civil Careless Driving Infraction and she received no conviction or points.
Result:	The DUI was Dropped to a Civil Infraction.

Dec 9, 2022	Case: 22-CT-2384	Judge Epperson
Facts:	The defendant was stopped by police after she was observed swerving all over the road and then not stopping for over a mile. Officers observed an odor of alcohol red/glassy eyes, and slow/thick tongued/incoherent speech. She was unsteady, staggered, and weaving while she walked. Her attitude was aggressive and profane. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI and she was also charged with second refusal to provide a breath test.
Defense:	The firm pointed out to the prosecutor that the videotape contradicted almost everything that the officer wrote and could be seen on tape. First, none of the driving pattern was on tape. Her speech was normal, she was not off balance or unsteady, and was not aggressive. The State Dropped the DUI and also Dismissed the Second refusal charge.
Result:	The State dropped the DUI.

Dec 6, 2022	Case: AFLPEPE	Judge Croff
Facts:	The defendant was found sleeping in the driver's seat of her car while parked in a handicap parking spot. Upon awakening the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. She also had a blank stare, staggered, stumbled, and appeared disoriented. She refused to perform any roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	The firm put forth that the defendant could not have had the capability to operate her car while sleeping. Thus, she couldn't have been in actual physical control.
Result:	The State dropped the DUI.