DUI Wins

Sep 18, 2024	Case: 24-CT-007603	Judge Weis
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had drank three whiskey and Cokes. He also stated that he is "fucked up naturally." He performed poorly on 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 conversations with the State regarding the evidence and defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 18, 2024	Case: 24-CT-008049	Judge Weis
Facts:	The defendant was found by police passed out in his truck with the vehicle on, gear shifter in park, and keys in the ignition. He was parked in a parking lot. Upon awakening him, the officers noticed an odor of alcohol, watery/glassy eyes, and extremely slurred speech. He performed very poorly on roadside test and was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State, we pointed out that the defendant was trying to do the right thing by sleeping it off and not driving. After negotiations, they Dropped the DUI.
Result:	Result: The State dropped the DUI.

Sep 18, 2024	Case: 24-CT-034721	Judge Musselman
Facts:	The defendant was stopped for driving with his taillights off. The officer noticed an odor of alcohol. He was unable to hold a conversation, droopy eyelids, and bloodshot eyes. The defendant admitted to having consumed two beers. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	The entire DUI investigation took place while the defendant was seated in his car. As soon as the defendant said that he would not perform field sobriety tests, he was arrested for DUI. On tape, he did not appear impaired. After negotiations with the State, they Dropped the DUI down to a Civil careless driving infraction.
Result:	The State dropped the DUI.

Sep 17, 2024	Case: 24-CT-005076	Judge Bagge-Hernandez
Facts:	The defendant was stopped for having only one operable brake light. The officer noticed an odor of alcohol, bloodshot eyes, and slow/lethargic movements. In addition, he observed slow speech and unsteady balance. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .106 and .106 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.

Sep 17, 2024	Case: 24-CT-030032	Judge Ingram
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, a flushed face, and slurred speech. She also was observed stumbling and appearing confused. After performing various field sobriety tests, she was arrested for DUI. She later blew a .147 and .144 in the breath machine.
Defense:	After negotiations regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 12, 2024	Case: 24-CT-022237	Judge Musselman
Facts:	The defendant was stopped for driving with her high beams on. Officers observed an odor of alcohol, slurred speech, glassy eyes, and an inability to keep her balance. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test. This was her Third DUI arrest and she was also charged with Second Refusal for refusing a breath test for the second time.
Defense:	The arresting officer was in training while conducting the DUI investigation. While instructing the defendant on the roadside tests, she was reading off a card making it very confusing to follow. She was also blocking her body worn camera during the exercises because she was holding her notepad in front of it. Not one officer was taking notes at the scene, yet later on there were detailed reports which totally contradicted the videotapes. The police code for DUI is "Signal One." On tape, the field training officer can be heard saying, "all I care about is a Signal One for training." In addition, he can also be heard saying "she needs it for training." (i.e., the Signal One). It was obvious the defendant was the Guinea pig for a training day for this cop to learn how to do a DUI and make an arrest. The State Dropped the DUI and she received no penalties other than court costs. In addition, the State Dismissed the refusal charge.
Result:	The State dropped the DUI.

Sep 11, 2024	Case: 24-CT-005790	Judge Gutman
Facts:	The defendant was stopped for failing to stop at several red lights. Officers observed an odor of alcohol, glassy eyes, and slurred speech. She also appeared unsteady outside of the car. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.
Defense:	On tape, the defendant was not off balance or unsteady and her speech was not slurred. Her performance on the roadside tests was much better on tape than as described in the police reports.
Result:	The State dropped the DUI.

Sep 11, 2024	Case: 24-CT-021288	Judge Koenig
Facts:	The defendant was observed by police falling off his motorcycle in a parking lot. Officers approached to help and noticed an odor of alcohol, watery eyes, and he had difficulty speaking. He stated that he had consumed several drinks (i.e. bourbon). The defendant was so drunk that he almost fell over during field sobriety tests, so they were stopped for safety concerns. He was arrested for DUI and later blew a .265 and .258 in the breath machine.
Defense:	After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 10, 2024	Case: AHPGCSE	Judge Vaccaro
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, a dazed/bank expression, and slurred speech. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .150 and .133 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.

Sep 10, 2024	Case: AGZT2CE	Judge Komninos
Facts:	The defendant was stopped for making a wide turn, straddling the lane lines, and coming to a complete stop in the roadway. Officers noticed an odor of alcohol, slurred speech, watery eyes, and he swayed while he stood. He performed poorly on roadside tests and was arrested for DUI. He later blew a .20 and .199 in the breath machine.
Defense:	After numerous conversations with the State regarding the defendant and the case, they Dropped the DUI.
Result:	The State dropped the DUI.

Sep 10, 2024	Case: 24-CT-025795	Judge Baker
Facts:	The defendant was stopped for driving too slowly and weaving. The officer observed an odor of alcohol, red/watery eyes, and she stated she had drank a few beers. While outside the car, she stumbled and used the door for support. Due to physical injuries she performed various nonphysical exercises such as the finger to nose, estimate of 30 seconds, and HGN (eye test). She was arrested for DUI and later blew a .145 and .135 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.

Sep 10, 2024	Case: AITJR4E	Judge Komninos
Facts:	The defendant was stopped for driving with no lights after dark. Officers noticed an odor of alcohol, mumbled speech, and he appeared unsteady. The defendant performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .143 and .132 in the breath machine.
Defense:	After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 10, 2024	Case: AHFCCSE	Judge Lawhorne
Facts:	The defendant was observed by police swerving back and forth in his lane and speeding. His tires were touching both lane markers as he was drifting back and forth. Officers observed an odor of alcohol, red/watery eyes, and thick tongued speech. While outside the car, he had an orbital sway. After performing various field sobriety tests, he was arrested for DUI and later blew a .120 and .121 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.

Sep 10, 2024	Case: A77GIDE	Judge Komninos
Facts:	The defendant was stopped for weaving and speeding. Officers observed an odor of alcohol, glossy eyes, slurred speech, and he swayed while he stood. The defendant stated he had drank 6 to 7 drinks. He then performed various field sobriety tests and was arrested for DUI. He later blew a .171 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.

Sep 6, 2024	Case: 23-01374MU10A	Judge Gottlieb
Facts:	The defendant was observed driving the wrong way on the highway exit ramp. A civilian witness subsequently observed the defendant passed out behind the wheel. 911 was called, and the defendant was pulled out of the vehicle by fire rescue and taken to the hospital. While receiving medical care a trooper arrived at the hospital to conduct an investigation. The trooper made contact with the defendant and observed an odor of alcohol, bloodshot eyes as well as dilated pupils. The trooper began a DUI investigation and requested the defendant perform field sobriety exercises in the parking lot of the hospital. After performing the HGN (eye test), walk and turn, as well as the one leg stand, the defendant was arrested for DUI.
Defense:	Florida Statute 901.15 explains that in order to make a valid arrest for a DUI, all of the elements must be observed in the presence of the officer. This language requires the officer to personally witness the defendant operating the vehicle regardless of the fact that both civilian witnesses and paramedics saw the defendant driving and behind the wheel. The prosecutor offered to reduce the charges to a reckless driving. Counsel rejected the offer and continued to argue that the arrest was unlawful. Ultimately, the prosecutor agreed and the DUI was dismissed.
Result:	The DUI was dismissed.

Sep 5, 2024	Case: 24-CT-007549	Judge Damico
Facts:	The defendant was seen by police driving though a restricted area. Officers observed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	On tape, her speech was not slurred, she was not off balance or unsteady, and she appeared coherent. We put forth to the State that there was a lack of probable cause to arrest her. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Sep 4, 2024	Case: 24-MM-030258	Judge T. Brown
Facts:	The defendant was stopped for weaving and having an inoperable tag light on this trailer. Officers noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. A large Grey Goose vodka bottle was observed at the defendant's feet and there were multiple kids in the car as well. The defendant agreed to perform various field sobriety tests and was subsequently arrested for DUI. He was also charged with threatening an officer. He stated, amongst many things to the officer, "I'll twist your neck off your pussy ass head." He later blew a .095 in the breath machine. He was charged with Enhanced DUI because of the kids in the car.
Defense:	After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI and he received no penalties on the Threat to an Officer charge.
Result:	The State dropped the DUI.

Sep 3, 2024	Case: 23-012959MU10A	Judge Fry
Facts:	The defendant was pulled over for drifting on the highway in between lanes. The officer placed his overhead lights on and stated that the defendant was slow to react. Upon making contact with the defendant the officer observed an odor of alcohol, bloodshot eyes, as well as slurred speech. The defendant informed the officer that he suffered from juvenile diabetes and subsequently tested his glucose level on scene. The officer's report was inconsistent with the glucose level that the defendant stated he had on scene. The officer administered a series of field sobriety tests on video. The defendant had a great deal of difficulty with the walk and turn test as well as the one leg stand. The defendant was arrested for DUI and refused a breath test. This was the defendant's 3rd arrest for DUI.
Defense:	After being placed under arrest, the defendant was taken to the hospital for medical clearance. Counsel ordered a copy of the hospital records which clearly showed that the defendant's glucose levels were out of range. In addition, counsel secured a series of medical records which clearly indicated the volatile nature of the defendant's blood sugar levels. Both high and low blood sugar levels can mimic the effects of alcohol impairment. As a result, counsel announced ready for trial. After listing the medical records as evidence, the prosecutor agreed to drop the DUI. The defendant received no conviction for any charges.
Result:	The State dropped the DUI.

Sep 3, 2024	Case: 24-CT-000594	Judge Legler
Facts:	The defendant crashed her car into a tree and then it rolled over twice. Police observed the defendant to have an odor alcohol, slurred speech, and bloodshot eyes. She also appeared disoriented and she admitted to drinking alcohol. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	On tape, the defendant's speech was not slurred and she did not appear disoriented. In addition, under Florida case law, when a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI and the defendant received no criminal conviction on her record.
Result:	The State dropped the DUI.