DUI Wins

Mar 9, 2022	Case: AEBM3HE	Judge Komninos
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and depressed reflexes. He also had slow movements and dilated pupils. After performing roadside tests, he was arrested for DUI. He later blew a .109 and a .107 in the breath machine.
Defense:	The defendant's performance on the field sobriety tests clearly showed that he may have been lower than the legal limit of .08 at the time of driving.
Result:	The State dropped the DUI.

Mar 8, 2022	Case: 21-CT-007779	Judge Conrad
Facts:	The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. There was the smell of spilled alcohol on the defendant's arm. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .201 and a .192 in the breath machine.
Defense:	After several negotiations with the State and pointing out various contradictions between the reports and the video, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 2, 2022	Case: 21-CT-010707	Judge Jeske
Facts:	The defendant's vehicle was observed with front end damage. The officer got out of his car and went up to the defendant's car. The defendant was surrounded in the driver's seat by airbags that had deployed. The officer, after cutting through the airbags, observed an odor of alcohol and bloodshot eyes. He admitted to having drank alcohol. After performing roadside tests, he was arrested for DUI. He later blew a .138 and a .133 in the breath machine.
Defense:	Due to a lack of an accident investigation, the firm was able to convince the State to Drop the DUI.
Result:	The State dropped the DUI.

Mar 2, 2022	Case: 21-CT-003009	Judge Jeske
Facts:	The defendant was stopped for having no taillights on. He was also weaving and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed roadside tests and was arrested for DUI. He later blew a .141 and a .138 in the breath machine.
Defense:	After pointing out inconsistencies in the discovery, both in the reports and video, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 1, 2022	Case: 21-CT-011176	Judge Conrad
Facts:	The defendant was stopped for speeding and drifting back and forth. Officers observed an odor alcohol, glassy eyes, and slurred speech. The defendant then agreed to perform various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test. This was his Second DUI arrest. The firm beat his first DUI as well.
Defense:	The firm pointed out that the defendant told the cop prior to the roadsides that he had head, back, and leg injuries, as well as metal plates in his ankles. These all stemmed from motorcycle accidents. The officer could have done alternative nonphysical exercises like the finger to nose, alphabet, or estimation of time, but chose not to. Instead, he had him do things he wasn't physically capable of doing. Thus, any impairment could have been due to his injuries as easily as alcohol.
Result:	The State Dropped the DUI and the firm beat his Second case as well.

Feb 22, 2022	Case: 21-CT-502851	Judge Gagliardi
Facts:	The defendant was stopped after being observed by police facing west in the eastbound lane. The officer observed an odor of alcohol, glassy/watery eyes, and he admitted to having drank two beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .088 and a .081 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was led to believe that if he blew under the legal limit, he could be released from jail. This was on the video tape as well. That was a coercive and misleading statement in order to get the defendant to blow in the machine. Prior to any motion hearing, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 17, 2022	Case: A7638UE	Judge Cuervo
Facts:	The defendant was stopped for swerving. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .212 and a .203 in the breath machine.
Defense:	Issues were raised by the firm about the lawfulness of the traffic stop.
Result:	The State dropped the DUI.

Feb 17, 2022	Case: 21-CT-013649	Judge Moses-Stephens
Facts:	The defendant crashed her car into bushes and ended up down an embankment and into a shallow pool of water. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. She then performed poorly on roadside tests and was arrested for DUI. Blood was taken later at the hospital which revealed a blood alcohol result of .155.
Defense:	Due to various medical and weight issues, the defendant had difficulty performing roadside tests. Thus, any impairment could have been due to those issues versus alcohol.
Result:	The State dropped the DUI.

Feb 16, 2022	Case: AE62STE	Judge Komninos
Facts:	The defendant was stopped for failing to maintain a single lane. The officers observed an odor of alcohol, bloodshot eyes, slow/slurred speech, and he swayed. He then performed various field sobriety tests and was arrested for DUI.
Defense:	Prior to trial, we pointed out that on tape the defendant did not sway and his speech was normal. Also, there was a lack of probable cause to arrest him based on the evidence.
Result:	The State dropped the DUI.

Feb 14, 2022	Case: 21-CT-011401	Judge Hanser
Facts:	The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of burnt marijuana emanating from his person, bloodshot/glassy eyes, and slurred speech. He also swayed side to side. The defendant admitted to smoking pot earlier in the day. Believing he was impaired by marijuana, he was asked to perform roadside tests. He complied and was then arrested for DUI. He later refused a urine test.
Defense:	On video, the defendant's speech was not slurred and he was not swaying. The officer also never clarified how much "earlier" he had smoked the pot. Also, he performed much better on the field sobriety tests on tape versus what was written in the reports.
Result:	The State dropped the DUI.

Feb 8, 2022	Case: 21-CT-502985	Judge Swett
Facts:	The defendant was found by police passed out in his car slumped over the wheel. He was parked on the side of the road in a neighborhood. Police were responding to a suspicious vehicle. Upon awakening him, they noticed an odor of alcohol, he was very disoriented, and had slurred speech. He also had bloodshot eyes and had an unsteady gait. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	The firm announced ready for trial. We pointed out that the defendant could not be in actual physical control because while sleeping he had no "capability" to operate the car.
Result:	The State dropped the DUI.

Feb 2, 2022	Case: 20-CT-006706	Judge Jeske
Facts:	The defendant was stopped after cutting off a cop on video then speeding past him. Once stopped, the officer noticed an odor of alcohol, red/glassy eyes, and low/mumbled speech. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	On tape, the defendant felt scared like he was being profiled. Also, he didn't appear unsteady and his speech seemed normal.
Result:	The State dropped the DUI.

Feb 2, 2022	Case: 21-CT-007620	Judge Farr
Facts:	The defendant was found passed out in his car with every air bag deployed. When the officer cut through them to get to the defendant, he asked the defendant what was going on. The defendant stated that he was "just hanging out." The officer smelled an odor of alcohol, his speech was incoherent, and he was disoriented. After performing field sobriety tests, he was arrested for DUI. He later blew a .115 and a .114 in the breath machine.
Defense:	After several negotiations with the State discussing various inconsistencies in the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 2, 2022	Case: 21-CT-005715	Judge Farr
Facts:	The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .170 and a .170 in the breath machine.
Defense:	The firm raised issues that the defendant's videotape contradicted his breath test results. It was clear that his breath alcohol content (BAC) may have been lower at the time of driving and that he may have been absorbing alcohol at the time of driving.
Result:	The State Dropped the DUI.

Feb 2, 2022	Case: 20-CT-007729	Judge Farr
Facts:	The defendant was stopped for driving the wrong way down a one-way street. The officer noticed the defendant to have an odor of alcohol, slurred speech, and exaggerated movements. He also displayed unsteadiness while walking and standing. The defendant then performed the walk and turn and finger to nose exercises. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense:	On video, the defendant told the officer numerous times about medical issues he suffered from. The medical issues he spoke about caused doubt as to whether his impairment was due to medical issues or alcohol.
Result:	The State Dropped the defendant's Second DUI.

Feb 2, 2022	Case: 21-CT-005301	Judge Farr
Facts:	The defendant was found passed out in her car. When officers got her to wake up, they noticed an odor of alcohol, an odor of burnt marijuana, and bloodshot eyes. She then performed roadside tests and was arrested for DUI. She later blew a .162 and a .153 in the breath machine.
Defense:	Issues were raised by the firm as to whether the defendant could have been legally in actual physical control while she was sleeping. While asleep, she had no "capability" to operate the car.
Result:	The State Dropped the DUI.

Feb 2, 2022	Case: 20-CT-001632	Judge Jeske
Facts:	The defendant was the at fault driver in a crash whereby she failed to yield and struck another car. Officers observed the defendant to have an odor of alcohol, slurred speech, and made inconsistent statements. She then refused to perform field sobriety tests and was arrested for DUI. She later refused the breath test.
Defense:	Under Florida law, an officer must advise a defendant of adverse consequences if they refuse to perform roadside tests. Here, the officer did not, so the refusal would have been excluded from evidence.
Result:	The State Dropped the DUI.

Feb 2, 2022	Case: 21-CM-004471	Judge Taylor
Facts:	The defendant was seen speeding and driving close behind another car which was driven by his wife. The defendant got out and was screaming at his wife. Officers were on scene and broke up the argument. They noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then performed various roadside tests and was arrested for DUI. He later blew a .123 and a .119 in the breath machine.
Defense:	After several conversations with the prosecutor, we pointed out that the argument between the defendant and his wife was a misunderstanding which led to the defendant being detained for DUI. The State later Dropped the DUI.
Result:	The State Dropped the DUI.

Feb 2, 2022	Case: 20-CT-007817	Judge Jeske
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and he appeared unsteady on his feet. The defendant stated he consumed "maybe 1, 2 or 3 drinks." The defendant performed poorly on field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	On tape, prior to performing the roadsides, the defendant stated he had hip issues which would cause him to have problems on the walk and turn and one leg stand. The officer disregarded that and still had him do them. The evidence of impairment could have just as easily been attributed to hip problems versus alcohol.
Result:	The State dropped the DUI.

Feb 2, 2022	Case: 21-CT-005299	Judge Farr
Facts:	The defendant was stopped for speeding, weaving, and making a wide turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant attempted roadside tests then refused. He was then arrested for DUI and later refused the breath test.
Defense:	The defendant told the officer he had surgery a few years back and might have difficulty doing the roadside exercises. The officer immediately stated he was refusing the tests and arrested him for DUI.
Result:	The State Dropped the DUI.