DUI Wins

Aug 30, 2022	Case: 20-CT-003489	Judge Steele
Facts:	The defendant was stopped for speeding and drifting into oncoming lanes. He was then very slow to stop even with lights and sirens. The officer noticed and odor of alcohol, bloodshot eyes, and droopy eye lids. He performed very poorly on roadside tests. For example, on the walk and turn, he stepped off the line and lost his balance during the instructions. On the one leg stand, he used his arms for balance and placed his foot on the ground multiple times. He was arrested for DUI and later refused the breath test.
Defense:	The officers were having problems with the breath machine. The defendant never actually refused to take the breath test. The first time he blew, they alleged there were two invalid breath samples. The next time he was going to blow, the machine failed as it reflected RFI (radio frequency interference). The third time he was going to blow, the were two more alleged invalid samples.
Result:	The State dropped the DUI.

Aug 30, 2022	Case: AFLPCOE	Judge Croff
Facts:	The defendant was involved in a traffic crash with another car. She was alleged to have failed to yield to oncoming traffic. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had a blank expression on her face. She refused to perform any roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	The firm pointed out to the State that based on the evidence, such as witness statements, police reports, and the physical evidence, it was unclear whether the defendant or the other car was at fault. In addition, on tape, the defendant did not have any blank look and was totally responsive and coherent. Furthermore, her speech sounded normal on tape, and not slurred.
Result:	The State dropped the DUI.

Aug 30, 2022	Case: AG3AUEE	Judge Lawhorne
Facts:	The defendant was stopped for running a red light. The officer smelled an odor of alcohol, noticed glassy/watery eyes, and the defendant appeared unsteady. The defendant also admitted to having drank beer. After performing several field sobriety tests, he was arrested for DUI. He later blew a .086 and .083 in the breath machine.
Defense:	Parks & Braxton pointe out to the State that with the .02 margin of error in the breath machine, the defendant's two breath alcohol results of .086 and .083 were under the legal limit. In addition, English is the defendant's second language. He had a lot of difficulty understanding the officer's instructions during the DUI investigation.
Result:	The State dropped the DUI.

Aug 30, 2022	Case: AEBMLNE	Judge Lawhorne
Facts:	The defendant was stopped for turning left on a turn right only. Officers observed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having drank a couple of beers. He also had slurred speech and swayed while he stood. He then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later blew a .112 and .111 in the breath machine. This was the defendant's Second DUI arrest.
Defense:	Parks & Braxton pointed out numerous inconsistencies between the officer's reports and the DUI video tape. For example, the defendant did not sway and his speech sounded normal. In addition, his performance on the roadside tests on tape was much better than as written in the reports.
Result:	The State Dropped the Defendant's Second DUI.

Aug 19, 2022	Case: 22-CT-025442	Judge Peacock
Facts:	The defendant was stopped for speeding and swerving within his lane. Officers noticed an odor of alcohol, he admitted to having drank 3 mugs of beers, had watery eyes, and had a flushed face. His attitude varied from polite to cocky to excited to indifferent. He then performed field sobriety tests and was arrested for DUI. He later blew a .099 and .101 in the breath machine.
Defense:	Due to the .02 margin of error in the machine, the firm was able to place one of the defendant's breath results under the legal limit of .08.
Result:	The State dropped the DUI.

Aug 19, 2022	Case: 22-CT-026690	Judge Peacock
Facts:	The defendant was stopped for crossing over the dotted line multiple times, as well as swerving across lanes of traffic. The officer noticed an odor of alcohol, watery eyes, and he admitted to having drank two vodka cranberry alcoholic drinks. The defendant performed various roadside tests and was arrested for DUI. He later blew a .167 and .153 in the breath machine.
Defense:	After conversations with the State about the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Aug 15, 2022	Case: 22-CT-003890	Judge Taylor
Facts:	The defendant was found by police in his truck blocking lanes of traffic. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and rambling/slurred speech. While out of the truck, he swayed, staggered, and also urinated in front of the cop. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	After several negotiations with the State regarding the evidence and the defendant himself, they Dropped the DUI.
Result:	The State dropped the DUI.

Aug 12, 2022	Case: 22-CT-000747	Judge Hitzemann
Facts:	The defendant was stopped for weaving all over the road and stopping in the middle of the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She was also very unsteady and exhibited mood swings. She performed very poorly on roadside tests and was arrested for DUI. She later blew a . 247 and .241 in the breath machine. This was the defendant's Second DUI.
Defense:	The officer misinformed the defendant by telling her on tape that if she did not do the roadside tests, her license would be suspended. A license suspension only applies to a breath, blood, or urine test, not field sobriety tests. Furthermore, the officer misinformed the defendant of the law by telling her on tape that no matter what she blew in the breath machine, there are no enhancements. Once again a misstatement of the law because any breath alcohol test above a .15 is an enhanced DUI. Realizing that the roadside tests and the breath test would be excluded from evidence, the State Dismissed the defendant's Second DUI.
Result:	The DUI was dismissed.

Aug 11, 2022	Case: 21-CT-018450	Judge Bryson
Facts:	The defendant was the at fault driver in a three car crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and he was sweating profusely. His eyes were red and glassy and he also stumbled. The defendant was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test.
Defense:	When a defendant refuses roadside tests, the officer must advise the defendant of the adverse consequences of his refusal or the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences as required by law. In addition, on tape the officer was the one who actually stumbled while walking.
Result:	The State dropped the DUI.

Aug 10, 2022	Case: 22-CT-000309	Judge Farr
Facts:	The defendant was found by police slumped over the wheel in her car blocking the entrance to a residential complex. A child was also in the car. No odor of alcohol was detected, but the officer noticed glassy eyes, very slurred speech, a sway to her stance, and she appeared to keep closing her eyes like she was falling asleep. She also appeared disoriented and confused. Believing she was impaired by drugs, she then performed roadside tests. She performed very poorly and was arrested for DUI. She provided a urine sample which after testing by FDLE revealed numerous controlled substances.
Defense:	During negotiations with the State, we pointed out that circumstances surrounding the initial contact with the defendant were an unlawful search and seizure.
Result:	The State dropped the DUI.

Aug 10, 2022	Case: 22-CT-001299	Judge Farr
Facts:	The defendant crashed his car into a tree and entered back on the road. His vehicle then skid into a Ford truck which then crashed through a garage door. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and stated he had drank an old fashioned cocktail. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense:	The firm pointed out to the State that on video the officer had the defendant perform the walk and turn and one leg stand in a windstorm. The wind was so strong that one could see things blowing all over. Due to the lack of fairness shown to the defendant considering the roadside test conditions, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 10, 2022	Case: 22-CT-003255	Judge Jeske
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. He also had clumsy movements, swayed, and was unsteady on his feet. After performing various field sobriety tests such as the walk and turn and one leg stand, he was arrested for DUI. He later blew a .114 and .111 in the breath machine.
Defense:	Although the defendant blew just over the legal limit, his video performance of the field sobriety tests showed he may have been lower than .08 at the time of driving. In other words, he was on the rise and absorbing alcohol at the time he blew into the machine. Due to the conflict, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 9, 2022	Case: 22-CT-016347	Judge Babb
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow speech, and glassy eyes, He also fumbled with his wallet and admitted to having drank one beer. He then performed the HGN (eye test) , one leg stand, and walk and turn exercises. He was then arrested for DUI and later blew a .142 and .149 in the breath machine.
Defense:	After speaking with the State regarding the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 9, 2022	Case: 21-CT-027652	Judge Baker
Facts:	The defendant crashed his car into a utility pole. When officers arrived, they noticed an odor of alcohol, a flushed face, and slurred/mumbled speech. He also had blood/shot watery eyes and was argumentative. The defendant was asked to perform roadside tests and he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Third DUI.
Defense:	When a defendant refuses to perform field sobriety tests, the officer must advise the defendant of adverse consequences if they do refuse. Here, the officer did not, so the refusal to do roadside tests would have been excluded from evidence. In addition, an officer cannot request a breath test until after one is arrested per Florida Statutes. Here, the officer not only requested a breath test prior to arrest, but also read implied consent telling him he would lose his license. Thus, the defendant's refusal to provide a breath sample would have been excluded from evidence. The State Dropped the defendant's' Third DUI.
Result:	The State dropped the DUI.

Aug 9, 2022	Case: 22-CT-001531	Judge Herr
Facts:	The defendant was stopped for an expired tag. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .198 and .188 in the breath machine.
Defense:	After several conversations with the prosecutor about conflicts in the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 9, 2022	Case: AEBMRGE	Judge Lawhorne
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a sway to his stance, admitted to consuming two glasses of wine, and also staggered. After performing various roadside tests, he was arrested for DUI. He later blew a .129 and .127 in the breath machine.
Defense:	After several negotiations with the State regarding the evidence and the defendant himself, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 4, 2022	Case: 21008658MU10A	Judge Carpenter-Toye
Facts:	The defendant drove his car through a concrete barrier, plunging 30 feet below the highway exit ramp. Both the defendant and the passenger were transported to the hospital. While the defendant was being treated for injuries a Trooper entered the room. The Trooper observed a strong odor of alcohol, bloodshot eyes as well as extremely slurred speech. A medical blood draw was conducted, and the prosecutor made efforts to acquire the blood results.
Defense:	Parks & Braxton filed an objection to the State's request to obtain the defendant's medical records. Specifically, all of the indicators of impairment that the Trooper observed were made in the defendant's hospital room. The firm argued that the Trooper violated the defendant's 4th Amendment right to privacy when he entered his hospital room. Specifically, the firm successfully argued that an individual in a hospital has a reasonable expectation of privacy. As a result, the Court denied the State's request to obtain the defendant's private medical records and blood results. In addition, counsel filed a separate motion to suppress to exclude all of the observations that the Trooper made. The State conceded the motion.
Result:	The State dropped the DUI.

Aug 3, 2022	Case: 22-CT-001975	Judge Jeske
Facts:	The defendant was stopped for having no functioning tail lights. The officer smelled marijuana coming from the car and his person. He also observed bloodshot/glassy eyes, and slurred speech. He admitted to having smoked pot 15 minutes before driving. The defendant had body tremors as well. According to officer, he failed the roadside tests and was arrested for DUI. He later provided a urine sample which was tested by FDLE and was positive for marijuana.
Defense:	The firm pointed out that there was no probable cause to arrest the defendant for DUI. The State agreed and Dropped the DUI. The defendant received no conviction and no penalties other than court costs.
Result:	The State dropped the DUI.

Aug 2, 2022	Case: 22-CT-002779	Judge Bigney
Facts:	The defendant was the at fault driver in a rear end crash. The officer noticed an odor of alcohol, glossy eyes, and his speech was slurred. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI and he also was charged with the crime of refusing a breath test for the second time.
Defense:	The firm announced ready for trial. Due to various discovery issues pertaining to the charges, the defendant's charges were Dismissed on the day of trial.
Result:	The DUI was dismissed.

Aug 1, 2022	Case: 21-017995MU10A	Judge Carpenter-Toye
Facts:	The defendant was involved in a multi vehicle crash. Multiple civilian witnesses stated that the defendant was driving at a high rate of speed and collided with the vehicle in front of him. The officer noticed a strong odor of alcohol and bloodshot eyes. Upon speaking with the defendant, the officer stated that he did know which county he was in. The defendant admitted to drinking a couple of margaritas for Taco Tuesday. The defendant was asked to perform a series of field sobriety tests, including the walk and turn and one leg stand. The defendant performed poorly and was arrested for DUI. The defendant subsequently blew a .157 and .164 in the intoxilyzer.
Defense:	Parks & Braxton filed a motion to suppress alleging that the defendant was unlawfully arrested. Specifically, the only individuals who observed the defendant behind the wheel were civilians. As a result, Florida Statute 316.645 requires the arresting officer to conduct an independent crash investigation. In this case, the officer only completed a DUI investigation, and did not take part in the crash investigation. The State contacted Parks & Braxton to concede the motion.
Result:	The State dropped the DUI.