DUI Wins

Apr 17, 2024	Case: 24-CT-000699	Judge Taylor
Facts:	The defendant was stopped for failing to stop while making a right turn on red, weaving, and speeding. The officer noticed an odor of alcohol, slurred speech, sluggish reflexes, bloodshot eyes, and he also swayed while he stood. The defendant then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was subsequently arrested for DUI and later refused a breath test.
Defense:	The video contradicted the police reports. On tape, his speech was normal, he did not sway, and did not move sluggishly. He also performed much better on the field sobriety tests on video than as described in the police reports.
Result:	The State dropped the DUI.

Apr 17, 2024	Case: 23-CT-003464	Judge Burns
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was arrested for DUI and later blew a .151 and .148 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.

Apr 16, 2024	Case: 23-CT-502346	Judge Swett
Facts:	The defendant was driving eastbound in the westbound lane of travel. Other cars had to take evasive action to avoid a collision. Officers noticed an odor of alcohol, slurred speech, and glossy eyes. The defendant stated he had 2 shots. He 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 negotiations regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 16, 2024	Case: 23-006139MU10A	Judge Lerner-Wren
Facts:	The defendant was initially observed driving 12MPH in a 35MPH zone. The defendant crossed over the fog line on three separate occasions nearly striking the curb. The officer attempted to stop the defendant with lights and sirens, but the defendant failed to timely react. The defendant eventually came to a stop. The officer came to the window and observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The officer testified that the defendant struggled with his fine motor skills. The defendant stated he drank 3 beers. He refused to perform any field sobriety tests and was arrested for DUI. He subsequently refused a breath test as well. This was the defendant's 2nd offense for DUI.
Defense:	Parks & Braxton filed a motion to suppress alleging that there was no legal basis to stop and detain the defendant. At the hearing, the officer testified to the above facts. The prosecutor argued that the defendant was lawfully stopped for a traffic infraction. In addition, the prosecutor argued that the officer had a good faith basis to believe that the defendant was sick or injured, and therefore justified in stopping the defendant to check on his wellbeing. On cross examination the officer acknowledged that he never called for a paramedic and never concluded that the defendant might be ill or injured. In addition, the officer wrote a citation for failure to maintain a single lane and testified that the weaving was the basis for the stop. Counsel provided caselaw to the Judge which stood for the proposition that you cannot stop a vehicle for weaving if no other traffic is affected. The Court agreed, and granted the motion. All of the evidence was excluded and the case was dismissed.
Result:	The DUI was dismissed.

Apr 16, 2024	Case: 23-CT-502825	Judge Swett
Facts:	The defendant was involved in a one car rollover crash. When EMS and police arrived, they found the car was upside down. He had to be extracted from the car and was placed onto a stretcher. He was then put inside the ambulance. While inside the ambulance, police spoke with him and detected an odor of alcohol, watery eyes, slurred speech, and he seemed confused. He was taken out of the ambulance and asked to submit to field sobriety tests. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. The defendant later refused a breath test. This was the defendant's fourth or fifth DUI.
Defense:	The entire investigation was captured on body won camera. The officer wrote that they smelled alcohol inside the ambulance, yet on body worn camera (BWC), the officer can be heard coming out of the ambulance stating, "I cannot smell anything." No one even ever asked the defendant if he had drank that night. In addition, the defendant told them he had knee issues, hip issues, toe issues, and was just upside down in a rollover crash, yet the officers still had him stand on one leg and walk a line. Also, it was evident on tape that the officer conducting the roadside tests was brand new and being trained. Thus, this was a training exercise and the defendant was the guinea pig. After discussions with the State, they Dropped the DUI at trial call.
Result:	The State dropped the DUI.

Apr 9, 2024	Case: 23-CT-011790	Judge Farr
Facts:	The defendant was stopped for speeding and weaving all over the road. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. He also had slow movements. The defendant performed roadside tests such as the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. The defendant had a CDL license at the time of arrest.
Defense:	We pointed out to the State, that on video tape, he performed much better on the field sobriety tests than was written in the police reports. The reports clearly overexaggerated his level of impairment. In addition, on tape, his speech was not slurred and his movements were not slow.
Result:	The State dropped the DUI.

Apr 9, 2024	Case: 23-CT-011805	Judge Farr
Facts:	The defendant was stopped for running a red light. Officers observed an odor of alcohol, slurred speech, and glassy/watery eyes. He also admitted to having done "shots" of alcohol. After performing various roadside tests such as HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later blew a .189 and .186 in the breath machine.
Defense:	After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 3, 2024	Case: 23-CT-012799	Judge Gutman
Facts:	Police were called to a gas station for a person down call. Callers advised the defendant was crouched over in his car and unresponsive. Officers arrived and found the defendant unconscious in the driver's seat. They had to use sternum rubs to awaken him. They noticed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, disoriented, and unaware of everything that was happening. He refused to perform roadside tests and was arrested for DUI. The defendant subsequently refused a breath test.
Defense:	After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 3, 2024	Case: 23-CT-010802	Judge Gutman
Facts:	The defendant was found by police with his car stuck up against a tree. Officers noticed an odor of alcohol, very slurred speech, unsteadiness, and bloodshot/watery eyes. The defendant stated he had drank 4 to 5 beers and smokes as much weed as he can. His responses to the officer's questions were nonresponsive and made no sense. The defendant refused to perform any field sobriety 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.

Mar 28, 2024	Case: AI9MN9E	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and glassy/watery eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .094 and .090 in the breath machine.
Defense:	We pointed out to the State that due to the .02 margin of error in the breath machine, both the defendant's breath samples could have been under the legal limit. In addition, on tape, the defendant's speech was not slurred, he walked normally, stood without swaying, was responsive and coherent, and in totality did not appear impaired. After conversations the with State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2024	Case: AI9MM8E	Judge Lawhorne
Facts:	The defendant was stopped for weaving back and forth and speeding. The officer noticed an odor of alcohol, watery eyes, and he had depressed reflexes. He staggered, had mumbling speech, and also swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2024	Case: AI9MLZE	Judge Lawhorne
Facts:	The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, he was nervous and shaking, had bloodshot eyes, and he admitted to having drank vodka and smoked pot. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	On tape, the defendant performed better on the field sobriety tests than as written in the reports. Also, his speech was not slurred and he was not off balance prior to any roadside tests. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 28, 2024	Case: AHPG4VE	Judge Vaccaro
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a dazed look. He also swayed while he stood and had bloodshot eyes. He performed the HGN (eye test), walk and turn and one leg stand exercises. He was then arrested and later refused a beath test.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 26, 2024	Case: 23-CT-020078	Judge Damico
Facts:	The defendant was stopped after she was observed by police driving in the bicycle lane and came to an abrupt stop less than a foot from a police car. The officer noticed an odor of alcohol, slurred speech, and open alcohol cans in the car. She performed various field sobriety tests such as the alphabet, estimation of 30 seconds, and walk and turn. She was subsequently arrested for DUI and later blew a .141 and .138.
Defense:	After several conversations with the State about the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 19, 2024	Case: 23-CT-056590	Judge Ingram
Facts:	The defendant was stopped for not wearing a seatbelt and accelerating and decelerating for no reason. The Officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having consumed three beers. He was clumsy, unsteady, and fumbled with his documents. He then performed various roadside tests and was arrested for DUI. He later blew a .175 and .172 in the breath machine.
Defense:	After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 19, 2024	Case: 23-CT-055650	Judge Ingram
Facts:	The defendant crashed her car into a concrete barrier. She then fled the scene running into the woods. Officers observed a tall glass bottle of tequila on the defendant's passenger floorboard of her abandoned car. About an hour after the crash, the defendant was found by police, a helicopter, and K-9 units hiding in the woods. She had scratches all over, slurred speech, glassy eyes, and droopy eyelids. She was arrested for leaving the scene of an accident and transported to the hospital. In the hospital parking lot, she refused to perform field sobriety tests and then received a DUI charge. She later refused a breath test.
Defense:	Under Florida law, for the State to convict one of DUI pursuant to Florida Statute 316.193, they must prove that the defendant was under the influence and impaired by either alcohol, a chemical and/or controlled substance. Here, there was no odor of alcohol, no statements about drinking or taking drugs, and no breath or urine test. One cannot simply be impaired by "something." In addition, officers are heard on body worn camera that they don't think they have "enough" to charge her with DUI and only enough evidence to charge her with leaving the scene of an accident. Yet they still arrested her for a DUI. After conversations the with prosecutor, the State Dismissed the DUI.
Result:	The DUI was dismissed.

Mar 18, 2024	Case: 23-CT-002478	Judge Justice
Facts:	The defendant lost control of his car and crashed into a tree. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and glassy/watery eyes. He had a flushed face, was unsteady, and was repeating things. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .201 and .195 in the breath machine.
Defense:	The firm provided documentation to the State that the breath machine in question was taken out of service shortly after the defendant was arrested. Thus, the reliability of the defendant's results and the machine itself were called into question. We also provided medical documentation that the defendant had received injuries from the airbags during the crash, yet the officer still had him try to stand on one leg and do a walk and turn. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 14, 2024	Case: AI9MOAE	Judge Lawhorne
Facts:	Police were called via dispatch as the defendant was "driving in circles." When officers spotted the car driven by the defendant, they observed her to be driving on a flat tire and failing to maintain a single lane. Officers observed an odor of alcohol, slurred/mumbled speech, and she stated that she had consumed two drinks. The defendant was unsteady, she staggered, and she swayed while she stood. She performed poorly on roadside tests. For example, she recited the alphabet incorrectly, and on the one leg stand, she put her foot down six times and used her arms for balance. She was arrested for DUI and later blew a .179 and .181 in the breath machine.
Defense:	After several negotiations with the State regarding the defendant and the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Mar 13, 2024	Case: 23-CT-012317	Judge Stone
Facts:	The defendant was stopped for swerving in and out of the lanes of travel and also driving below the speed limit. Once stopped, the officer noticed an odor of alcohol and he appeared very nervous. The defendant then performed the HGN (eye test) and finger to nose. He told the officers that he had medical issues with his feet and surgeries so he could not do the one leg stand or walk and turn. He was arrested for DUI and later refused a breath test.
Defense:	Prior to trial the firm provided the State with pictures of the defendant's feet and legs showing the medical issues. We did this to show that he was telling the truth to the officers. The officer did not have any body worn camera or dash camera. There was a video at the station and it showed the defendant standing ok, walking ok, and speaking normally.
Result:	The State dropped the DUI.

Mar 11, 2024	Case: 23-CT-503064	Judge Gonzalez
Facts:	The defendant was the at fault driver in a traffic crash whereby he T-boned another car at an intersection. When officers arrived, they noticed an odor alcohol and bloodshot eyes. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. There was no video. He was then arrested for DUI and later blew a .121 and .113 in the breath machine.
Defense:	After numerous discussions and negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.