DUI Wins

May 5, 2017	Case: 2014-CT-011284	Judge Hanser
Facts:	The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. He was off balance, unsteady, and lethargic in his movements. The defendant also admitted to drinking. He was taken to the hospital due to his injuries. Due to a breath test being impracticable or impossible, the officer requested a blood sample from the defendant. The blood came back from the toxicology lab indicating a blood alcohol level of a .204 and .205. This was the defendant's Third DUI.
Defense:	Parks & Braxton raised several pretrial issues with the State regarding legality of the blood draw. After reviewing the applicable case law and officer's testimony, the State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

May 4, 2017	Case: 2016-CT-019784	Judge Jeske
Facts:	A caller had called 911 stating that the defendant was driving very erratically. When the officer spotted her, he observed her weaving and then initiated a traffic stop. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant denied having anything to drink. After asking the defendant four times to perform field sobriety exercises, and her continuing to refuse, the officer arrested her for DUI. After her arrest, she refused the breath test.
Defense:	Under Florida Case Law, a defendant must be advised of the adverse consequences of refusing to perform the field sobriety tests or the refusal is inadmissible into evidence. Here the officer simply arrested the defendant without advising her of any adverse consequences.
Result:	The State dropped the DUI.

May 2, 2017	Case: 2016-CT-029534AXXXXX	Judge Garagozlo
Facts:	The defendant was the at fault driver in a side swipe crash. After the crash, she left the scene and went to her house. The victim gave a description of the defendant, the make and model of the car, and tag number. The officers then went to the defendant's home a short time later. They made contact with her when she opened the front door. They observed an odor of alcohol, incoherent speech, and droopy eyelids. The defendant stated she had drank and taken pain medication prior to the crash. She then performed poorly on the roadside tests and was arrested for DUI and leaving the scene of an accident.
Defense:	Parks & Braxton filed a pretrial motion to suppress the defendant's statements about drinking and taking pain medications. Our motion was premised under the legal doctrine of corpus delicti which states that there must be independent substantial proof of a crime other than the defendant's statements. Here, there was no such evidence that the defendant was under the influence of alcohol or drugs at the time of the crash (i.e. driving). Prior to the motion hearing, the State Dropped the DUI. The defendant also received NO conviction for the LSA charge.
Result:	The State dropped the DUI.

May 1, 2017	Case: 2017-CT-000178	Judge Bell
Facts:	The defendant was stopped for speeding as he was going 91 mph in a 35 mph zone. Once stopped, the officer observed the defendant to have an odor of alcohol, slow movements, and bloodshot eyes. His speech was slow and slurred and he was off balance. The defendant also had vomit on him. The defendant did not perform any physical roadside tests due to having a prosthetic leg. He was arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton announced ready for trial. Just prior to trial, and after negotiations, we pointed out that the officer had several opportunities to have the defendant submit to non-physical roadside tests, but rather quickly arrested the defendant without even offering them to him.
Result:	The State dropped the DUI.

Apr 28, 2017	Case: 2016-CT-018199AXXX	Judge Harper
Facts:	The defendant was found passed out in his car at an intersection. When officers awoke the defendant, they smelled an odor of alcohol and noticed bloodshot eyes and slurred speech. The defendant was very off balance and also had open alcoholic beverages in the car. On video, he performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .173 and .188 in the breath machine.
Defense:	During a pretrial investigation of the case, it was uncovered by the defense that the arresting officer was under a federal investigation for theft. This information was brought to the State's attention.
Result:	The State Dismissed the DUI.

Apr 27, 2017	Case: 2016-CM-013349	Judge Myers
Facts:	The defendant was stopped for weaving within its lane of travel and crossing over the white lane markers. Once stopped, the officer noticed the defendant to have an odor of marijuana, slurred/mumbled speech, and lethargic movements. The defendant admitted to smoking pot a few hours before he was stopped. He then performed the roadside tests. According to the officer, he failed and was arrested for DUI. After his arrest, he submitted to a urine test which came back from the toxicology lab positive for marijuana and also another controlled substance. In addition, the officer found marijuana and drug paraphernalia in a search incident to arrest in the car.
Defense:	Parks & Braxton pointed out to the State numerous conflicts in the police reports versus the video tape. After pretrial discussions, the prosecutor Dropped the DUI and the defendant also received no convictions on his record for the drug charges.
Result:	The State Dropped the DUI.

Apr 26, 2017	Case: 15-017183MU10A	Judge Levy-Cohen
Facts:	The defendant was stopped for driving at a high rate of speed after a BOLO had gone out describing the defendant's car. The BOLO had stated that the defendant had left the scene of an accident. Officers observed the defendant's car to have a right front tire missing and it had left several scrapes in the roadway. Officers then observed the defendant to have an odor of alcohol, flushed face, and bloodshot/watery eyes. He then was asked to perform the field sobriety tests. Due to his high level of intoxication, he could not perform the walk and turn or the one leg stand tests. He was then arrested for DUI. This was the defendant's Second DUI.
Defense:	Parks & Braxton took pretrial depositions of all the officers involved in the case. After cross examination of each officer, they all contradicted each other and their respective police reports. The State was then presented with all the transcripts. After reviewing them, the State realized every officer's credibility had been called into question.
Result:	The DUI was dismissed.

Apr 10, 2017	Case: 2016-CT-002204	Judge Caraballo
Facts:	The defendant was the at fault driver in a rear end crash on the Turnpike. The defendant was estimated to have been driving 90 mph prior to the crash. The officer smelled an odor of alcohol on the defendant's breath and noticed bloodshot/glassy eyes. The officer then conducted the HGN (eye test). The defendant then refused all subsequent field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Prior to trial, we pointed out to the State that the defendant's eyes were bloodshot due to the air bag being deployed in his face, and not from the alcohol. Also, HGN was conducted two times, but only one was documented in the police reports. Furthermore, the defendant was not advised of any adverse consequences regarding his refusal to perform any further roadsides as required by law. The firm announced ready for trial.
Result:	The State Dropped the DUI.

Apr 7, 2017	Case: 2016-CT-017882	Judge Eissey
Facts:	The defendant was involved in a crash whereby she struck a mailbox while driving at a high rate of speed. The police observed an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking and smoking marijuana prior to the crash. She was taken to the hospital due to injuries sustained from the crash. At the hospital, a blood draw was conducted and the toxicology results revealed the defendant had a blood alcohol level of .097 along with marijuana being detected. She was subsequently arrested and charged with DUI.
Defense:	Under Florida law, a breath test must be impracticable or impossible in order to request a blood test. Here, there was no showing by the police that a breath test was impracticable or impossible. Thus, the defendant's blood draw was unlawful.
Result:	The State Dropped the DUI.

Apr 6, 2017	Case: 2016-CT-019362	Judge Jeske
Facts:	The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, and fumbling fingers. The defendant admitted to drinking at a friend's house. The defendant then performed the field sobriety exercises which consisted of the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton announced ready for trial. The defendant's roadsides were not video taped. After pretrial negotiations with the prosecutor regarding the lack of specificity in the officer's reports regarding the field sobriety tests, the State Dropped the DUI.
Result:	The State Dropped the DUI.

Apr 3, 2017	Case: 2017-CT-015683	Judge Lefler
Facts:	The defendant was stopped for speeding, following too closely, and running a stop sign. The defendant had an odor of alcohol, bloodshot/watery eyes, and the defendant admitted to having consumed two drinks. The defendant performed the walk and turn, one leg stand, and HGN (eye test) tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI in the last seven years.
Defense:	Parks & Braxton announced ready for trial. During pretrial negotiations about the facts of the case with the prosecutor, the State agreed to drop the DUI.
Result:	The State Dropped the DUI.

Mar 31, 2017	Case: 2017-CT-000060	Judge Starr
Facts:	The defendant was the at fault driver in a rear end crash. When the police arrived, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant, at one point, had bent over to tie his shoes and almost fell over. The defendant only performed the HGN (eye test) due to his level of intoxication. After his arrest, he blew a .141 and .145 in the breath machine.
Defense:	Parks & Braxton announced ready for trial. Under Florida law, the State and police are required to turn over all discovery. Due to various discovery violations prior to trial, the State Dropped the DUI.
Result:	The State Dropped the DUI.

Mar 29, 2017	Case: A59B3SE	Judge Bedinghaus
Facts:	The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and the defendant was swaying and off balance. The defendant stated she had drank a few beers. The defendant was then asked to perform the roadside tests on video tape. According to the officer, she failed them and was arrested for DUI. After her arrest, she refused the breath test.
Defense:	On video, we pointed out to the State that the defendant's speech was not slurred and she was not off balance as was written in the officer's report. Also, the officer administering the roadside tests was a new officer and kept confusing the defendant as she was giving the instructions. The defendant kept trying to clarify what she was being asked to do over and over. The defendant even stated at one point prior the walk and turn, "this is not a normal thing to do." After numerous pretrial talks with the prosecutor, the State Dropped the DUI.
Result:	The State Dropped the DUI.

Mar 29, 2017	Case: 7798-XEQ	Judge Ortiz
Facts:	A civilian went over to a police officer and told him that someone was sleeping behind the wheel of their car. That person was the defendant. The officer then went over, awoke the defendant, and told him to get out of the car. Once outside of the car, the officer noticed an odor of alcohol, slurred speech, and a flushed face. The defendant staggered upon exiting the car and was very off balance. Due to the defendant's high level of impairment, he was not asked to perform the walk and turn or one leg stand tests. He was then arrested for DUI and subsequently refused the breath test.
Defense:	An officer must have reasonable suspicion of a crime and/or have a legitimate concern that a person is sick or injured before ordering them out of their car, which constitutes a seizure. In this case, the only evidence presented was that the defendant was simply sleeping in his car. Thus, when the officer ordered him out of the car, he was unlawfully seized.
Result:	The State Dropped the DUI.

Mar 24, 2017	Case: 16-CF-001069	Judge Greider
Facts:	The defendant was the at fault driver in a rear end crash, allegedly driving at least 30 mph in a 45 mph zone. EMS personnel were already on scene checking out the defendant prior to the police arriving. When the officer made contact with the defendant, he smelled a strong odor of alcohol, but the defendant denied drinking. She did admit to haven taken "Alprazolam." The defendant was shaking, had slurred speech and an open container of beer was found in the car. The defendant then performed the HGN (eye test), finger to nose, palm pat, and finger count exercises because she stated she could not perform any physical exercises due to her Multiple Sclerosis. She was then arrested for DUI and subsequently refused a breath and urine test. This was the defendant's Third DUI within ten years and she was charged with a Felony DUI.
Defense:	Through cross extermination, Parks & Braxton were able to establish that the State's witnesses all contradicted each other. For example, one EMS person testified the defendant appeared impaired while the other stated he didn't notice any signs of impairment. Furthermore, although the officer stated that he smelled an odor of alcohol, an EMS person who was with the defendant stated she never smelled anything. Also, though cross examination, the defense established that any shaking, slurred speech, and balance issues on the part of the defendant were just as reasonably due to the defendant's MS diagnosis versus alcohol or any drugs. After cross examination, and all of the State's witnesses were impeached. The State Dismissed the Felony DUI.
Result:	The DUI was Dismissed.

Mar 23, 2017	Case: 15-025118MU10A	Judge Gottlieb
Facts:	The defendant was stopped for driving the wrong way down a one way street. Once stopped, the officer noticed the defendant to have an odor of alcohol, very glassy eyes, and she fumbled retrieving her documents. The defendant stated that she had drank two glasses of white wine. The defendant appeared to be off balance upon exiting the car. She then performed the roadside tests which were not video taped. She was then arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton met with the State prior to trial. We pointed out that none of the roadside tests were specifically detailed. In fact, the reports were very vaguely written. Prior to trial, the State Dropped the DUI.
Result:	The State Dropped the DUI.

Mar 7, 2017	Case: 16-CT-503610	Judge Swett
Facts:	The defendant was stopped by the police for driving on the rims of her blown out tires. A caller had called 911 alerting the police to her car prior to the traffic stop as she had been driving recklessly. The defendant had an odor of alcohol, mumble/slurred speech, and bloodshot eyes. The defendant performed the roadside tests. For example, on both the finger to nose and one leg stand tests, she almost fell over so the exercises were stopped. She was then arrested for DUI and subsequently blew a .102 and .100 in the breath machine.
Defense:	Under Florida law, the State is required to provide all discovery in their possession as well as in the possession of the police department. If all the evidence is not turned over to the defense in a timely fashion, the State would be prevented from using it against he defendant. Due to various discovery issues, the State Dropped the DUI on the day of trial.
Result:	The State Dropped the DUI.

Mar 6, 2017	Case: 2016-CM-009424	Judge Lefler
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer observed the defendant to have an odor of alcohol and glassy eyes. The defendant admitted to drinking beer at "The World of Beer." The defendant then performed the walk and turn, HGN (eye test), one leg stand, and finger to nose tests. After doing them, he was arrested for DUI and subsequently refused the breath test. In a search incident to arrest, the officer found marijuana and a glass pipe. The defendant was also charged with possession of marijuana and possession of paraphernalia. This was the defendant's Second DUI.
Defense:	Under Florida law, a defendant who is agreeing to perform roadside tests cannot be coerced into doing them by a misstatement of the law. Here, the defendant relied upon misinformation from the officer about the potential consequences of performing them vs. not performing them. The State agreed and Dropped the DUI. The two possession charges were also Dismissed.
Result:	The State Dropped the DUI.

Feb 17, 2017	Case: 2016-CT-011561AXXX	Judge Hanser
Facts:	The defendant was stopped for having an expired tag. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He also had difficulty completing sentences at times. The defendant stated that he had consumed one beer. The defendant then performed the roadside tests. For example, on the walk and turn, he stepped off the line and took an incorrect number of steps. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI.
Defense:	Parks & Braxton announced ready for trial. During pretrial negotiations, we pointed out various conflicts in the officer's reports versus what was on the video tape.
Result:	The State Dropped the DUI.