DUI Wins

Mar 19, 2021	Case: 20-007055CF10A	Judge Usan
Facts:	The defendant was approached by police after he was observed revving his engine multiple times in a McDonalds's parking lot. When officers first approached, they noticed a large Vodka bottle in drivers side of the car and it was half filled. They noticed the defendant to have an odor of alcohol, red/bloodshot eyes, and he seemed confused as to his location. Once out of the car, he stumbled backwards and had to stabilize himself to keep from falling. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. He was charged with Felony DUI as this was his Fifth (5th) DUI.
Defense:	Parks & Braxton took pretrial depositions of all the officers at the scene. As each officer came in and gave sworn testimony, they all not only contradicted themselves upon our questioning, but also their police reports. The State then Dropped the defendant's Fifth (5th) DUI.
Result:	The State dropped the DUI.

Mar 18, 2021	Case: 20-CT-041975	Judge Friedland
Facts:	The defendant was stopped for driving northbound in the southbound lane. The defendant had an odor of alcohol, red eyes, and he admitted to having drank beer. He also had slurred speech and swayed while he stood. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .131 and a .129 in the breath machine.
Defense:	The defendant's video of his roadside tests clearly showed that he may be been absorbing alcohol and under the legal limit at the time of driving.
Result:	The State dropped the DUI.

Mar 18, 2021	Case: ACEV6GE	Judge Hessinger
Facts:	The defendant was found sleeping in her car. A caller had stated that an individual was sleeping in her car on the side of the road in their neighborhood. When police awoke the defendant, they observed an odor of alcohol, watery eyes, and mumbled speech. She swayed, stumbled, and was unsteady. She failed the roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's second DUI and third arrest for DUI.
Defense:	The defendant was simply sitting in her car sleeping. She was not in actual physical control of the motor vehicle as she had no capability of operating the car.
Result:	The State Dropped her Second DUI.

Mar 17, 2021	Case: 19-011338MU10A	Judge Carpenter-Toye
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, a flushed face, and bloodshot eyes. The defendant then performed various field sobriety tests whereby the officer stated that he failed each exercise. He was subsequently arrested for DUI. He later refused the breath test.
Defense:	After obtaining the evidence, it was clear that the video was a complete contradiction to the officer's testimony. Both the one leg stand as well as the walk and turn test differed exponentially from what the officer stated. After announcing ready for trial, the prosecutor agreed to drop the DUI.
Result:	The State dropped the DUI.

Mar 15, 2021	Case: 20-CT-002964	Judge Gutman
Facts:	The defendant was stopped for speeding, weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He also admitted to having drank vodka. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .161 and a .151 in the breath machine.
Defense:	Prior to obtaining the defendant's breath results of .161 and .151, the defendant had blown in the machine at least four other times. The breath readings were showing up as volume not met (not sufficient samples) and also outside of the .02 margin of error. This was all documented on the machine printouts. The firm point this out to the the State that the machine could have been erroneously reading the defendant's breath alcohol level.
Result:	The State dropped the DUI.

Mar 15, 2021	Case: 20-CT-3844	Judge Conrad
Facts:	The defendant was the at fault driver in a head on crash. The defendant was transported to the hospital prior to the police arriving on scene. When officers arrived at the hospital, they noticed an an odor of alcohol coming from the defendant. She was later charged with DUI.
Defense:	There was no probable cause to charge the defendant with DUI baaed on odor being the only DUI observation.
Result:	The State dropped the DUI.

Mar 12, 2021	Case: 20-CT-013703	Judge Panse
Facts:	The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, very slurred speech, and red/glassy eyes. He had a red face and droopy eyes. He refused to perform field sobriety tests and was arrested for DUI. He later blew a. 132 and a .120 in the breath machine.
Defense:	Based on all evidence, there was a lack of probable cause to arrest the defendant. Thus, the breath test would have been suppressed.
Result:	The State dropped the DUI.

Mar 10, 2021	Case: 19-CM-012583	Judge Jeske
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, watery/bloodshot eyes, and droopy eyelids. He had dilated pupils and admitted to having consumed 2 to 3 beers. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test. He was also charged with resisting an officer without violence for attempting to knock the officer down.
Defense:	The firm pointed out to the State that any mishaps on the roadside tests were not due to impairment by alcohol, but rather the aggressive nature of the officer. The State Dropped the DUI and the resisting charge was Dismissed.
Result:	The State dropped the DUI.

Mar 10, 2021	Case: 19-CT-001908	Judge Crown
Facts:	The defendant was stopped by police after hotel staff called 911 at the resort where they were staying. The caller stated that the defendant and his girlfriend were causing a disturbance at the pool due to alcohol intoxication and were throwing them out. The officer, prior to stopping the defendant, also observed no working taillights on the car. The officer observed an odor of alcohol, slurred speech, and he was profusely sweating. He also had glassy eyes and stated he should have been at home sleeping. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI arrest.
Defense:	Parks & Braxton took a pretrial deposition of the arresting officer. At the depo, we were able to gain testimony from the officer that contradicted his reports. In addition, after the depo it was clear the officer did not advise the defendant of any adverse consequences when he refused to perform roadside tests, as required by law.
Result:	The State dropped the DUI.

Mar 5, 2021	Case: 20-CT-011093	Judge Bonavita
Facts:	A citizen called 911 that the defendant was driving erratically in a parking lot and appeared intoxicated. Officers spotted the defendant's car and followed him until conducting a traffic stop. They observed an odor of alcohol, slurred speech, red eyes, and he appeared off balance. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
Defense:	The officers followed the defendant for a long time. There was no erratic driving pattern observed by the officers. The lawfulness of the traffic stop was called into question as there was no corroboration. In addition, the officer did not advise the defendant of any adverse consequences when he refused to perform the field sobriety tests. Also, all the observations alleged in the police report were contradicted by the video.
Result:	The State Dropped the defendant's Third DUI.

Mar 5, 2021	Case: AD0B71E	Judge Szematowicz
Facts:	A caller dialed 911 that the defendant's car lights were off and she appeared drunk. Officers spotted the defendant and stopped her after she proceeded through an intersection. They observed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a flushed face and appeared unsteady. After refusing to perform the field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	The caller on 911 stated only a conclusory statement that the defendant appeared drunk with no other supporting facts. When there is a only a conclusory statement about the defendant being drunk, the officers must observe some type of erratic driving pattern. The lawfulness of the stop was called into question.
Result:	The State dropped the DUI.

Mar 4, 2021	Case: 20-CT-006699	Judge Farr
Facts:	The defendant was found passed out in a Home Depot parking lot with his head against the horn causing it to go off. Upon awakening the defendant, officers observed the defendant to have an odor of alcohol, slurred speech, and red eyes. He also had lethargic movements. After performing the field sobriety tests, he was arrested for DUI. He later blew .202 and .193 in the breath machine.
Defense:	There was no reasonable suspicion to believe the defendant was sick, injured or impaired justifying ordering him out of his car. He could have just as easily been sleeping. The DUI observations weren't made until after they got him out of the car. Thus, the initial search and seizure was unlawful.
Result:	The State dropped the DUI.

Mar 3, 2021	Case: 20-CT-004138	Judge Jeske
Facts:	The defendant was the at fault driver in a rear end crash. The officers observed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and he appeared unsteady. The defendant exhibited an orbital sway and was yelling at the officers. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense:	After performing the walk and turn, the defendant started to perform the one leg stand then refused. He was immediately arrested without being given any adverse consequences. Thus, his refusal to perform the rest of the roadsides would have been excluded from evidence.
Result:	The State dropped the DUI.

Mar 1, 2021	Case: 20-CF-011269	Judge Kiser
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. He had trouble fining his documents and had a slight slur to his speech. He then performed various field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. In a search incident to arrest, the officer found a controlled substance, Alprazolam, which was not prescribed to the defendant. He was also charged with felony possession along with the DUI.
Defense:	Parks & Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on all the evidence. The State Dropped the DUI and also we were able to get the felony Dismissed.
Result:	The State dropped the DUI.

Feb 25, 2021	Case: ACEV1YE	Judge Komninos
Facts:	The defendant was stopped for weaving and almost hitting other vehicles. The officer observed an odor of alcohol, bloodshot eyes. and slurred /slow speech. He appeared disoriented and was sweating. The defendant performed various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Defense:	Many of the observations written by the officer were contradicted by the video tape.
Result:	The State dropped the DUI.

Feb 25, 2021	Case: 20-CT-012371	Judge Farr
Facts:	The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, slurred speech, and red/glassy eyes. He also exhibited unstable balance. He then performed field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	Parks and Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on the video tape evidence
Result:	The State dropped the DUI.

Feb 24, 2021	Case: 20-CT-007529	Judge Mcneil
Facts:	The defendant was stopped in the roadway with fresh damage to her car and only one working taillight. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She had difficulty with her balance and admitted to having drank beer and vodka. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .183 and a .177 in the breath machine.
Defense:	An initial call for service went out over dispatch about the defendant's driving prior to her being stopped. There was no corroboration of any driving pattern by the officer. Thus, the lawfulness of the traffic stop was called into question.
Result:	The State dropped the DUI.

Feb 24, 2021	Case: 20-CT-007451	Judge Weis
Facts:	The defendant was the at fault driver in a crash. He struck a golf cart while driving erratically. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had some balance issues as well. He refused to perform field sobriety tests and was arrested for DUI. He later blew a .108 and a .105 in the breath machine.
Defense:	There was doubt as to whether the defendant's breath alcohol level was above the legal limit at the time of the crash since it was administered hours later. It was unknown if he was absorbing or eliminating alcohol due to the time frame. Also, many written observations in the reports were also contradicted by the video.
Result:	The State dropped the DUI.

Feb 18, 2021	Case: 20-CT-500966	Judge Gagliardi
Facts:	The defendant was stopped by police at a DUI roadblock checkpoint. Officers observed the defendant to have an odor of alcohol, glassy/watery eyes, and slurred speech. He then started to perform the roadside tests but did not continue to perform them. He was then arrested for DUI and later refused the breath test.
Defense:	Under Florida law, there must be a specific set for written guidelines for each individual roadblock. Here, they were somewhat vague as to specifics and did not meet with Florida Supreme court standards.
Result:	The State dropped the DUI.

Feb 16, 2021	Case: 20-MM-001747	Judge J. Steele
Facts:	The defendant was stopped on his boat for speeding and for a safety inspection. Officers noticed the defendant to have an odor of alcohol, slurred speech, and sluggish movements. He then performed various field sobriety tests such as the palm pat and finger to nose. He was then arrested for boating under the influence and later blew a .146 and a .142 in the breath machine.
Defense:	The firm pointed out that there were issues with the breathalyzer machine. Right before he blew there was a failure readout in the machine. Thus the results could not be trusted
Result:	The State Dropped the BUI.