DUI Wins

Feb 1, 2022	Case: 21-Ct-008607	Judge Conrad
Facts:	The defendant was stopped after he allegedly cut a cop off and drove into oncoming traffic. The officer observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He admitted to consuming a few drinks and wore a wristband from a bar. After performing field sobriety tests, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense:	After the firm reviewed all the discovery, we pointed out various contradictions within the reports and also the reports compared to the video footage.
Result:	The State Dropped the defendant's Second DUI.

Feb 1, 2022	Case: 21-Ct-011194	Judge Conrad
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having drank 4 beers. After performing various field sobriety tests, she was arrested for DUI. She later blew a .153 and a .153 in the breath machine.
Defense:	After several rounds of talks with the prosecutor, the firm was able to get the State to Drop the DUI.
Result:	The State dropped the DUI.

Feb 1, 2022	Case: 21-CT-013118	Judge Conrad
Facts:	The defendant was stopped after making a right turn from the far left lane. The officer observed an odor of alcohol, glassy eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
Defense:	The firm pointed out to the State that there was no probable cause to arrest the defendant. The level of impairment written in the reports was contradicted by the video tape. The State Dropped the defendant's Third DUI.
Result:	The State dropped the DUI.

Feb 1, 2022	Case: 21-CT-010337	Judge Conrad
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, she admitted to having consumed two vodka drinks. After performing various field sobriety tests, she was arrested for DUI. She later blew a .115 and a .104 in the breath machine.
Defense:	After viewing the video tape of the defendant's roadsides, there were many inconsistencies between the reports and the video.
Result:	The State dropped the DUI.

Jan 28, 2022	Case: 21-CT-047877	Judge Atkin
Facts:	The defendant was stopped after she was swerving all over the road and into oncoming traffic. She also forced another car off the road. Officers observed an odor of alcohol, dilated/watery eyes, and slow movements. She then performed roadside tests and was arrested for DUI. She later blew a .146 and a .144 in the breath machine.
Defense:	After several conversations with the State about discrepancies between the written reports and the video, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 28, 2022	Case: 21-CT-044261	Judge Atkin
Facts:	A concerned citizen called 911 stating that the defendant was driving on the center lane, drifting into opposing lanes, and nearly crashing. Officers made contact with the defendant and noticed an odor of alcohol, he stated he had drank a couple of beers, had slurred speech, and bloodshot eyes. He also had urinated on himself. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	Due to a lack of corroboration of the driving pattern, the lawfulness of the traffic stop was called into question.
Result:	The State dropped the DUI.

Jan 28, 2022	Case: 21-CT-037775	Judge Atkin
Facts:	The defendant was approached by the police after he was sitting in his car at an intersection for 30 seconds without moving. The defendant was passed out and the officer had to make several attempts to awaken him. The officer then opened the door and got the defendant to wake up. He noticed an odor of alcohol, mumbling speech, and he admitted to having dank 4 cocktails. Once out the car, he was very unsteady and clumsy. After performing various field sobriety tests, he was arrested for DUI. He later blew a .145 and a .143 in the breath machine.
Defense:	Issues were raised about the lawfulness of the initial detention. We put forth that the officer had no right to open the defendant's door as that was an illegal seizure.
Result:	The State dropped the DUI.

Jan 26, 2022	Case: 21-CT-006796	Judge Allen
Facts:	The defendant was the at fault driver in a rear end crash. Her car then exploded into flames. Officers observed her to have an odor of alcohol, slurred/mumbled speech, and she admitted to having dank two tequila drinks. She was then asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused the breath test.
Defense:	When a defendant refuses to perform roadside tests, the officer must give adverse consequences. Here, they did not so the refusal to perform roadside tests would have been excluded from evidence. Also, on tape, the defendant’s speech was not mumbled or slurred. The firm pointed all this out to the prosecutor and the State Dismissed the DUI.
Result:	The DUI was dismissed.

Jan 25, 2022	Case: 21-CT-002328	Judge Conrad
Facts:	The defendant was found passed out in her car in the middle of the roadway. Paramedics were on scene, as well as the police. Officers observed the defendant to have noticeable amount of mucus coming from her nose and her speech was unintelligible. She lost consciousness numerous times, had a blank stare, appeared confused, and was also crying at times. The defendant was transported to the hospital. At the hospital, the officer tried to do HGN (eye test), but the defendant couldn't follow the stimulus. Unable to interview her or gain consent for a blood draw due to the defendant losing consciousness, the officer had a nurse take the defendant's blood. That blood was sent to the FDLE lab and yielded blood alcohol concentration results of .432 and .429 (over 5 times the legal limit).
Defense:	Parks & Braxton filed a pretrial motion to suppress the blood test results. In our motion, we alleged the officer had no "reasonable cause" under Florida Statute 316.1932 (c) to believe that the defendant was under the influence of alcohol, a chemical and/or controlled substance. No odor of alcohol was ever detected and no drugs were found. In addition, the officers on scene were constantly mentioning medical issues, and not DUI (or in police terms signal one). Prior to any motion hearing, the State Dropped the DUI in which the defendant's blood alcohol level was over 5 times the legal limit.
Result:	The State dropped the DUI.

Jan 24, 2022	Case: AEUO4AE	Judge Vaccaro
Facts:	An ambulance observed the defendant swerving all over the roadway. They used their air horn to try to get the defendant to stop. When the defendant stopped, paramedics from the ambulance went to check on her. Police were called and when they arrived, they observed the defendant to have slurred/mumbled speech, bloodshot/glassy eyes, and she spontaneously stated she had taken a Xanax. The defendant appeared incoherent at times. She was taken to the hospital. Believing that she was impaired by drugs, a blood draw was done. The blood results yielded a positive result for Xanax. The defendant was charged with DUI. This was the defendant's Second DUI arrest.
Defense:	Parks & Braxton pointed out numerous inconsistencies in the police reports. For example, one officer stated they observed an odor of alcohol coming from the defendant, while the arresting officer stated there was no odor, Also, when one is under the influence of Xanax (a CNS depressant), officers would see HGN or VGN in the defendant eyes (i.e. nystagmus). Here, there was neither.
Result:	The State dropped the DUI.

Jan 24, 2022	Case: 21-CT-001924	Judge Poblick
Facts:	Police received a call about the defendant driving southbound in the northbound lane of travel. When police found the defendant, he was parked in a 7-11 parking lot. Officers observed him to have an odor of alcohol, watery eyes, and slurred speech. He stumbled outside the car and also had an orbital sway. The defendant agreed to perform various roadside tests such as the HGN (eye test) and walk and turn. He was then arrested for DUI. He later refused the breath test.
Defense:	The firm called into question the lawfulness of the initial contact. Other than the traffic infraction, there was no reasonable suspicion justifying ordering the defendant out of his car.
Result:	The State dropped the DUI.

Jan 20, 2022	Case: AEBM9GE	Judge Komninos
Facts:	The defendant was stopped after callers stated the defendant was intoxicated in a city parking lot. Officers observed the defendant to have an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He also appeared unsteady and gait ataxia. After refusing roadside tests, he was arrested for DUI. He later refused a breath test.
Defense:	Due to the vagueness of the call and lack of driving pattern, the lawfulness of the stop was called into question.
Result:	The State dropped the DUI.

Jan 19, 2022	Case: 21-CT-040051	Judge Garagozlo
Facts:	The defendant was stopped for weaving and speeding. The officers observed an odor of alcohol, slow/slurred speech, and he fumbled around. While outside the car, he swayed while he stood and had bloodshot eyes. After performing various field sobriety tests, such as the walk and turn and one leg stand, he was arrested for DUI. He later refused a breath test.
Defense:	The firm pointed out various inconsistencies between the video and police reports.
Result:	The State dropped the DUI.

Jan 19, 2022	Case: 21-CT-009011SC	Judge Galen
Facts:	The defendant was found by police in a lane of travel with a missing front left tire and the entire hub assembly was missing. Also, the rear left tire was flat. The officer concluded, without any witnesses, that the defendant failed to maintain a single lane, drove off the road, and hopped the median causing disabling damage. Officers noticed the defendant to have an odor of alcohol, red/watery eyes, and he would trip over his words. He admitted to having drank 5 Bacardi and Cokes. The defendant had prominent "gait ataxia" and would stagger as he walked. After performing field sobriety tests, he was arrested for DUI. He later blew a .197 and a .189 in the breath machine.
Defense:	The firm pointed out to the State that the defendant couldn't be in "actual physical control "of a disabled (inoperable) vehicle.
Result:	The State dropped the DUI.

Jan 19, 2022	Case: 21-CT-045326	Judge Jacobus
Facts:	A homeowner called police that they believed the defendant was impaired has he kept driving in their yard. Police were called and they made contact with the defendant in the homeowner's front yard. Officers noticed an odor of alcohol, he stated he had drank 3 beers, and his movements were slow. His eyes were glassy and he seemed confused. He performed poorly on roadside tests and was arrested for DUI. He later blew a .161 and a .155 in the breath machine.
Defense:	After pretrial discussions, the firm pointed out that the officer had no right to order the defendant out of the car without any corroborating evidence of impairment.
Result:	The State dropped the DUI.

Jan 18, 2022	Case: 21-CF-000595	Judge Roby
Facts:	The defendant was involved in a one car accident whereby she crashed into a parked vehicle. When officers arrived, they noticed the defendant to have an odor alcohol, slurred speech, and glossy eyes. She also seemed very confused. She then refused roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's Fourth DUI and she was charged by the State with Felony DUI.
Defense:	Parks & Braxton took pretrial depositions of the two officers. In depo, they contradicted themselves numerous times and also each had a very vague recollection of the specific facts upon our questioning. After taking the depos, the State then Dismissed the Defendant's Felony Fourth DUI.
Result:	The DUI was dismissed.

Jan 18, 2022	Case: 21-CT-001566	Judge Burns
Facts:	The defendant was stopped for speeding. The defendant had an odor of alcohol, a lack of dexterity, and he stated he had consumed one drink. He also had bloodshot eyes and fumbled with his documents. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense:	arrest him. The State agreed and the State Dismissed the defendant's Second DUI.
Result:	The DUI was dismissed.

Jan 12, 2022	Case: 21-CT-0111727	Judge Dominguez for Oster
Facts:	The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but they noticed glossy eyes, and lethargic behavior. She was sweating profusely and was unsteady. Believing she was impaired by drugs, she then performed roadside tests. She performed poorly on tape and was arrested for DUI. She later refused a urine test.
Defense:	For the State to prove a DUI under 316.193 (DUI Statute), the defendant must be impaired by alcohol and/or a specific chemical and/or controlled substance. Here, they could not prove that she was impaired by any specific substance.
Result:	The DUI was dismissed.

Jan 12, 2022	Case: 21-CT-000801	Judge Dubois
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, red/glassy eyes, and the defendant admitted to having drank. He also stumbled and appeared cocky. He was then asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense:	Parks & Braxton announced ready for trial. Prior to trial, it was pointed out to the State that on tape the officer misinformed the defendant about the law relating to roadside tests. In addition, he never stumbled and actually appeared sober. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Jan 11, 2022	Case: AE8M8EE	Judge Lawhorne
Facts:	An individual working at a bar where the defendant was drinking stated she appeard intoxicated and attempted to get her an Uber. The defendant refused and drove off. Officers spotted the defendant driving and stopped her. They noticed an odor of alcohol, and glassy/watery eyes. After going back and forth with the officers, she performed field sobriety tests. She did not perform to their satisfaction and was arrested for DUI. She later refused the breath test.
Defense:	The initial call leading to the traffic stop was vague and only had a conclusory statement that the defendant appeared intoxicated. Without more details, the stop was not corroborated and unlawful.
Result:	The State dropped the DUI.