DUI Wins

Nov 14, 2024	Case: 24-CT-003029	Judge Scott
Facts:	The defendant was found passed out in his car at a green light. Cars were driving around him because he obviously wasn't moving. The officer noticed an odor of alcohol, glossy eyes, and slurred speech. His movements were slow and lethargic. The defendant refused to perform field sobriety tests and was arrested for DUI. He later agreed to take a breath test and blew a .165 and .164 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 14, 2024	Case: AJEUA1E	Judge Komninos
Facts:	The defendant was stopped for stopping over the stop bar, weaving, and having trouble maintaining a steady speed. Officers noticed watery/glassy eyes and slurred speech. When the officer attempted to begin the HGN (eye test), the defendant ran to the front of her car and tried to make herself regurgitate by sticking her finger in her throat. Believing she was impaired by drugs, she then performed the walk and turn, one leg stand, and finger to nose exercises. She also stated that she takes several prescribed medications. She was arrested for DUI and later provided a urine sample which came back positive from FDLE for Klonopin and Oxycodone.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 14, 2024	Case: AIQEVVE	Judge Komninos
Facts:	The defendant crashed his car into multiple street signs and left the scene. Officers located the defendant and noticed an odor of alcohol, bloodshot eyes, mumbled speech, and he appeared unsteady. He performed poorly on roadside tests and was arrested for DUI and leaving the scene of an accident. He later refused a breath test.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI and also dropped the leaving the scene of an accident charge.
Result:	The State dropped the DUI.

Nov 13, 2024	Case: 24-CF-057438	Judge Henderson
Facts:	The defendant was stopped for driving erratically. Officers noticed an odor of alcohol, glassy eyes, and mumbled/slurred speech. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. A baggie was found with cocaine on the passenger seat. The defendant was also charged with felony possession of a controlled substance.
Defense:	After several conversations with the State, we pointed out that the alleged driving pattern was not on tape and very vaguely described. Thus, we pointed out that the stop may be unlawful. The State dropped the DUI and additionally reduced the felony possession charge to a misdemeanor charge.
Result:	The State dropped the DUI.

Nov 12, 2024	Case: 24-CT-007117	Judge Farr
Facts:	The defendant was stopped for having an inoperable headlight. Officers observed an odor of alcohol, bloodshot eyes, and he admitted to having drank beer and mojitos. He then performed the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Defense:	The firm pointed out to the State that prior to field sobriety tests, the defendant did not appear impaired. Additionally, he performed much better on the field sobriety tests than as described in the police reports. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 12, 2024	Case: 24-CT-006956	Judge Farr
Facts:	The defendant was stopped for weaving and having an inoperable taillight. Officers noticed an odor of alcohol, slurred speech, and sluggish movements. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .192 and .187 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 12, 2024	Case: 24-CT-004297	Judge Farr
Facts:	The defendant was stopped for speeding and running a red light. Officers noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated that he had consumed a couple of beers. He then performed various roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 12, 2024	Case: 24-CT-001187	Judge Farr
Facts:	The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, a flushed face, and glassy eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .081 and .081 in the breath machine. This was the defendant's Second DUI.
Defense:	Many of the written observations were over exaggerated and were contradicted the video. In addition, with the .02 margin of error in the breath machine, we were able to place the defendant breath test results under the legal limit. The State Dropped her Second DUI.
Result:	The State dropped the DUI.

Nov 6, 2024	Case: 23-CT-010236	Judge Taylor
Facts:	The defendant was stopped for disobeying the right of way at a traffic control device, by making an illegal U-turn. Officers noticed an odor of alcohol, glossy eyes, and lethargic movements. The defendant admitted to having drank one cocktail. He performed the HGN (eye test), walk and turn, and one legs stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	The firm provided the State with the defendant's medical records revealing he had numerous prior injuries which would have caused him to not perform well on the roadside tests. Thus, there was doubt as to whether any impairment was due to his injuries versus alcohol. The State Dropped his Second DUI.
Result:	The State dropped the DUI.

Nov 6, 2024	Case: 24-CT-012671	Judge Taylor
Facts:	The defendant was stopped for crossing over into oncoming traffic at a high rate of speed. Officers observed an odor of alcohol,glassy eyes, slurred speech, and he appeared unsteady. He also had a wristband on from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .113 and .113 in the breath machine.
Defense:	On tape, the defendant's speech was not slurred and he was not unsteady. His performance on the roadside tests was much better on tape than as described in the police reports. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 6, 2024	Case: 23-CT-014076	Judge Taylor
Facts:	The defendant was stopped for weaving. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated that he had consumed four drinks. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense:	After discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 6, 2024	Case: 24-CT-011027	Judge Taylor
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant stated he had consumed three to four drinks. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .185 and .168 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 6, 2024	Case: 24-CT-010565	Judge Taylor
Facts:	The defendant was found passed out in his car with the vehicle at rest facing perpendicular to a tree. Upon awakening the defendant, the officer noticed an odor of alcohol, droopy eye lids, slurred speech, and watery/bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .158 and .158 in the breath machine.
Defense:	After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 5, 2024	Case: 23-008647MU10A	Judge Brown
Facts:	The defendant was observed passed out behind the vehicle while in the middle of an intersection. When the officers would attempt to wake the driver he would remove his foot from the brake and the car would continue to roll forward. Eventually, the defendant exited the car and was extremely unsteady on his feet. The defendant had slurred speech , and he had difficulty spelling his own name. The defendant performed poorly on each of the field sobriety exercises and was arrested for DUI. At the breath alcohol testing facility the defendant blew .000 and subsequently provided a urine sample. The urine revealed a positive test for alprazolam (Xanax). All of the above facts were captured on video.
Defense:	Parks & Braxton announced ready and set the case for jury trial. On the morning of trial the prosecutor took into consideration the defendant's age and prior record and agreed to drop the DUI. Despite the extremely poor performance on the video, the defendant walked away with no DUI on his record.
Result:	The State dropped the DUI.

Nov 4, 2024	Case: 24-CT-036477	Judge Ingram
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy/bloodshot eyes, and the defendant stated that he had consumed three beers. The defendant also swayed while he stood and was slow while he walked. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Nov 4, 2024	Case: 24-CT-035518	Judge Ingram
Facts:	The defendant was stopped for driving too slow and weaving. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He stated he that he had drank two beers, had fatigued movements, exhibited slow responses, and fumbled with his items. The defendant then performed various roadside tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test.
Defense:	An officer from outside his own jurisdiction stopped the defendant. He then called for an officer within the correct jurisdiction to conduct the DUI investigation and make the arrest. The firm raised issues about the lawfulness of the traffic stop by an officer acting outside his jurisdictional limits. The State agreed ad Dropped the DUI.
Result:	The State dropped the DUI.

Nov 4, 2024	Case: 24-CT-034478	Judge Ingram
Facts:	The defendant was stopped for driving without lights after dark. Offices noticed an odor of alcohol, enlarged pupils, clumsy dexterity, and his shirt was on inside out. The defendant also had slurred speech and bloodshot eyes. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .223 and .222 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 31, 2024	Case: 24-CT-007531	Judge Taylor
Facts:	The defendant was stopped for driving westbound in the eastbound lanes of travel on the rim of his passenger tire. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He also had a flushed face, appeared unsteady, and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .200 and .189 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 31, 2024	Case: 24-CT-007545	Judge Taylor
Facts:	The defendant crashed his car into a tree. Officers observed an odor of alcohol, glassy/watery eyes, slow/slurred speech, and lethargic movements. He also appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .101 and .100 in the breath machine.
Defense:	On tape, the defendant was covered in blood on his face and clothes. We pointed out to the State that any impairment such as slurred speech, unsteadiness, and lethargic movements could have just as easily been attributed to the crash versus alcohol. Also, the fact the officer did not administer any nonphysical tests was ridiculous as the defendant was covered in blood. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Oct 31, 2024	Case: 24-CT-008062	Judge Taylor
Facts:	The defendant was stopped after he reversed out of a parking lot across all lanes of traffic and nearly struck a curb. Officers noticed an odor of alcohol, red/watery eyes, a sleepy appearance, and he made lethargic movements. He performed poorly on roadside tests and was arrested for DUI. He later blew a .202 and .195 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.