DUI Wins

Nov 2, 2022	Case: 22-CT-004767	Judge Jeske
Facts:	The defendant was found passed out in his truck by police. Upon awakening him, they noticed an odor of alcohol, slurred speech, and the defendant stated he had been partying. An open bottle of beer was also found in his truck. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .182 and .181 in the breath machine.
Defense:	The legality of the initial seizure of the defendant by ordering him out of his truck was called into question.
Result:	The State dropped the DUI.

Nov 2, 2022	Case: 22-CT-030015	Judge Peacock
Facts:	The defendant was stopped after being observed by the police drifting within his lane. He was also crossing over lane markers and speeding. Officers noticed an odor of alcohol, bloodshot eyes, and he seemed confused. He swayed, appeared clumsy, and admitted to having consumed two drinks. He then performed numerous roadside tests and was arrested for DUI. He later blew a .161 and .149 in the breath machine.
Defense:	After several conversations with the State regarding the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 1, 2022	Case: 21-CF-012805	Judge Barbour
Facts:	The defendant was stopped by police at gunpoint after two civilians stated via 911 that the defendant was following them and pulled a gun on them. Within a minute of the 911 call, police located the defendant and stopped his car. After being ordered out, the police placed handcuffs on him and kept him detained. While cuffed, the officer noticed an odor alcohol, he admitted to having drank 3-4 beers, and he had red/glassy eyes. He was asked to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's 4th DUI and he was charged with Felony DUI. He was also charged with two counts of aggravated assault with a firearm.
Defense:	Parks & Braxton took pretrial depositions of the witnesses. At depo, the civilian witnesses who stated that the defendant pulled a gun were impeached with their pretrial statements which contradicted the depo testimony. In addition, the police did not find any gun. The two aggravated assault charges were Dismissed. As to the Felony DUI, the defendant was unlawfully detained as the police kept him handcuffed after not finding any gun. All of the DUI observations were made after the illegal detention. In addition, the officer's testimony was also impeached at the depo.
Result:	The State Dropped the defendant's 4th Felony DUI.

Oct 31, 2022	Case: 21-CT-020132	Judge Bryson
Facts:	The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, slurred speech, and he swayed while standing. The defendant, when asked if he had been drinking, admitted to having consumed 2, 3, or 4 beers. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .184 and .171 in the breath machine.
Defense:	After a year of discussions and negotiations with the State about the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Oct 31, 2022	Case: 22-CT-008720	Judge Panse
Facts:	The defendant was the at fault driver in a rear end crash. The officer noticed an odor of alcohol, bloodshot eyes, and he used his vehicle for balance. He admitted to having drank a glass of vodka and almost fell over. He then performed various roadside tests. For example, on the walk and turn, he stepped off the line, took 19 steps (versus the required 9), and lost his balance. On the one leg stand, he fell over on the ground. He was then arrested for DUI and later refused a breath test.
Defense:	We pointed out due the defendant's age being over 70 years old, and various medical conditions, the impairment observed on the roadsides could have as easily been due to those factors versus alcohol.
Result:	The State dropped the DUI.

Oct 27, 2022	Case: 21-CT-009790	Judge Jeske
Facts:	The defendant was stopped after striking a raised concrete median and almost running over an officer who was directing traffic. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and he gave a credit card instead of his driver's license. He had difficulty opening the car door and appeared very unsteady. Due to safety concerns, roadsides were discontinued. He was then arrested for DUI and later blew a .166 and .163 into the breath machine.
Defense:	After numerous negotiations over the past year with the State about the evidence and the defendant, they agreed to Drop the DUI.
Result:	The State dropped the DUI.

Oct 27, 2022	Case: 22-CT-008195	Judge Farr
Facts:	The defendant was stopped for weaving and almost running off the roadway. Officers noticed an odor of alcohol, slurred speech, and he appeared disoriented. He then performed various roadside tests and was arrested for DUI. He then blew a .112 and .117 in the breath machine.
Defense:	Based on the videotape evidence, it was apparent that the defendant may have been below the legal limit at the time of driving.
Result:	The State dropped the DUI.

Oct 27, 2022	Case: 22-CT-005153	Judge Farr
Facts:	The defendant was stopped for making an illegal right turn on red. Officers observed an odor of alcohol, watery eyes, a drunk-like appearance, and very slurred speech. They also noticed the defendant to appear slow and sluggish. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	The officer over exaggerated the level of impairment in his police reports as compared to the actual video tape. After discussions with the State about the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Oct 27, 2022	Case: 22-CT-008531	Judge Farr
Facts:	The defendant was stopped for speeding and running a red light. Officers observed an odor alcohol, slurred speech, and bloodshot eyes. The defendant admitted to consuming one beer. After performing various field sobriety tests, he was arrested for DUI. He then blew a .150 and .146 in the breath machine.
Defense:	Due to various discrepancies between the police reports and the videotape, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 26, 2022	Case: 22-CT-002401	Judge Dekleva
Facts:	The defendant was stopped for swerving and almost causing a collision. The officer observed an odor of alcohol, glassy eyes, and confusion while speaking. She stated she was drunk and knew she should not be driving. She performed very poorly on field sobriety tests and was arrested for DUI. She later blew a .167 and .164 in the breath machine.
Defense:	After speaking to the prosecutor about the evidence and about the defendant herself, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 26, 2022	Case: 22-CT-002072	Judge Dekleva
Facts:	The defendant was stopped for crossing over the double yellow lane marker into opposing traffic. The officers noticed an odor of alcohol, a flushed face, and bloodshot eyes. He admitted to having drank 4 beers. After performing various roadside tests, he was arrested for DUI. He later blew a .128 and .121 in the breath machine.
Defense:	Due to conflicts between the written reports and the videotape, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 26, 2022	Case: 22-CT-000652	Judge Roberts
Facts:	The defendant was involved in a traffic crash. When officers arrived, they noticed an odor of alcohol, watery eyes, and slurred speech. According to the officer, the defendant stumbled and lost his balance. He was asked to perform roadside tests to which he complied. He then performed the walk and turn, one leg stand, an HGN (eye test). He was subsequently arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense:	The defendant was the victim in the crash and not the at fault driver. A car pulled out and smashed into him. Also, on the tape, his speech was not slurred. In addition, although the officer wrote the defendant stumbled, that was not on tape and we could see the defendant standing around for about 10-15 minutes without appearing off balance.
Result:	The State Dropped the Defendant's Second DUI.

Oct 26, 2022	Case: 22-CT-009975	Judge Conrad
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and heavily slurred speech. The defendant also had trouble locating his wallet and other items. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .177 and .171 in the breath machine.
Defense:	After several discussions with the State regarding the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 25, 2022	Case: 21-CT-046294	Judge Silverman
Facts:	The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, a flushed face, and watery/glassy eyes. His speech was slurred and thick tongued and he appeared confused. He was asked to perform roadside tests but he refused. A vodka bottle was found in the defendant's vehicle. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	If a defendant refuses to perform roadside tests, the officer must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any adverse consequences. In addition, on tape, the defendant's speech appeared normal and he did not appear confused.
Result:	The State Dropped the Defendant's Second DUI.

Oct 24, 2022	Case: 22-CT-006546	Judge Bristow
Facts:	The defendant was stopped for weaving and driving on a flat tire. The officer noticed an odor of alcohol, slurred speech, and glossy eyes. He was unable to form a complete sentence and was crying. His motions were slow, he had difficulty following instructions, and admitted to having drank 3-4 Modelo beers. After performing very poorly on roadside tests, he was arrested for DUI. He later blew a .209 and .206 in the breath machine.
Defense:	After several discussions with the State about various conflicts in the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 18, 2022	Case: 22-CT-500635	Judge Swett
Facts:	The defendant backed his car into another car in a bar parking lot. When officers arrived, they noticed he had an odor of alcohol, he stumbled, and also had to catch his balance. He had a flushed face, slurred speech, and was unable to form coherent sentences. He refused to perform field sobriety tests and was then arrested for DUI. A bar receipt was located which showed the defendant had purchased fireball shots. The defendant was then arrested for DUI. He later refused a breath test. This was the defendant's Third DUI.
Defense:	Under Florida law, an officer must advise a defendant of any adverse consequences when a defendant refuses to perform roadside tests. Thus, the refusal to perform roadside tests would have been excluded from evidence. In addition, the firm had questioned the officer at the initial administrative DMV hearing. The firm ordered that testimony and many of the things that the officer testified to were contradicted by his police reports. Thus, his credibility was called into question.
Result:	The State Dropped the defendant's Third DUI.

Oct 17, 2022	Case: 22-CT-006812	Judge Conrad
Facts:	The defendant was found passed out and slumped over the wheel in his running vehicle in a bar parking lot. When officers awoke the defendant, they noticed an odor of alcohol, slurred speech, unsteady appearance, and bloodshot eyes. He admitted to having too much to drink and had vomited about 30 minutes ago. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	The defendant had walked out of the bar he had been drinking at and did the right thing by not driving and trying to sleep it off. Also, while sleeping, he had no capability to operate the car. Thus, he couldn't have been in actual physical control. On tape, he kept telling the police he was trying he do the right thing by not driving. After several discussions with the prosecutor, they Dismissed the DUI.
Result:	The DUI was dismissed.

Oct 12, 2022	Case: 22-CT-030800	Judge Silverman
Facts:	The defendant was stopped for almost causing an accident in a parking lot and then weaving. Officers noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He appeared clumsy, stumbled, and swayed. He admitted to having consumed 3 drinks. He then performed various field sobriety tests and was arrested for DUI. He later blew a .164 and .159 in the breath machine.
Defense:	After several conversations with the prosecutor about conflicts in the written evidence versus the video, as well as the defendant's personal history, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 11, 2022	Case: AEBMQEE	Judge Lawhorne
Facts:	The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank wine. According to officer, he performed poorly on the roadside tests and was then arrested for DUI. He later refused the breath test.
Defense:	The video tape contradicted the officer's reports. The defendant performed much better on the roadside tests on tape than as written.
Result:	The State dropped the DUI.

Oct 11, 2022	Case: AEBMSXE	Judge Lawhorne
Facts:	The defendant was stopped after he hit a curb and drove up on a curbed median. The officer noticed an odor of alcohol, watery/gassy eyes, and a sway to his stance. The defendant's speech was slurred/mumbled and he also admitted to taking prescribed medicine. Due to safety reasons because of the defendant's impairment level, all the roadside tests were not performed. He was then arrested for DUI and later blew a .123 and .116 in the breath machine.
Defense:	After several discussions with the prosecutor about the defendant's personal history and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.