DUI Wins

Dec 7, 2021	Case: AEBM7KE	Judge Bedinghaus
Facts:	The defendant was involved in a traffic crash with a police vehicle. Officers observed the defendant to have an odor of alcohol and bloodshot/watery eyes. He then performed various roadside tests and was arrested for DUI. He later blew a .119 and a .118 in the breath machine.
Defense:	Issues were raised by the firm as to who was actually at fault in the crash. In addition, the defendant sustained head injuries when he fell off his motorcycle. This caused doubt as to whether impairment was due to alcohol or the crash itself.
Result:	The State Dropped the DUI.

Dec 7, 2021	Case: 21-CT-008306	Judge Jeske
Facts:	The defendant was stopped for weaving and cutting off another car. The officer noticed an odor of alcohol and requested that she perform field sobriety tests. She then performed the HGN (eye test), walk and turn, and one leg stand. She was then arrested for DUI and later refused the breath test.
Defense:	An odor of alcohol alone is not enough to give an officer reasonable suspicion of a crime (ie. DUI) to lawfully request roadside tests. Thus, there was a high likelihood that the field sobriety tests would have been excluded from evidence.
Result:	The State dropped the DUI.

Dec 1, 2021	Case: 21-CT-003360	Judge Grode
Facts:	The defendant was stopped for driving with his high beams on. Officers noticed an odor of alcohol, slurred speech, and he needed to use his car for support. He also appeared dazed and confused. He then performed poorly on roadside tests and was arrested for DUI.
Defense:	There was no video or body worn camera. Since the roadsides were vaguely described, the state Dropped the DUI.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CT-002279	Judge Gutman
Facts:	An officer observed an unknown female knocking on the window of the car driven by the defendant. The defendant was passed out. She then awoke and drove into the woman banging on the window. The officer then went up to the car and noticed the defendant to have an odor of alcohol, bloodshot eyes, and she appeared lethargic. She also appeared confused and admitted to having drank two margaritas. After performing various roadside tests, she was arrested for DUI. She later refused a breath test.
Defense:	On tape, the defendant did not appear confused or lethargic. In fact, she was very attentive during the roadside tests. Her speech also seemed normal. Due to many contradictions between the video tape and the written reports, the State Dropped the DUI just short of trial.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CM-002358	Judge Gutman
Facts:	The defendant's boat was stopped for a safety check by police. Upon boarding the boat, officers observed the defendant to have an odor of alcohol, watery eyes, he staggered, and was unsteady. He had problems using his fingertips and fumbled with his items. He then performed various roadside tests on the boat such as the palm pat, hand coordination, and finger to nose. He was then arrested for boating under the influence and later refused the breath test.
Defense:	The officer had a body worn camera. The defendant only appeared unsteady because the boat was rocking on the water. His eyes were watery because he was on the water and out in the sun all day. There were three others on the boat who stated he was not impaired. Many observations written by the officer were completely exaggerated as compared to the body camera. The State Dropped the BUI a few days before trial.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CM-002502	Judge Gutman
Facts:	The defendant was found passed out in his car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. While outside the car, he swayed back and forth. After performing only the HGN (eye test), he was arrested for DUI. He later refused a breath test. After arrest, the officers found drug paraphernalia and he was charged with that as well.
Defense:	To be in actual physical control, a defendant must have the "capability" to operate a motor vehicle. Here, the defendant was sleeping, so he had no capability to operate the car. The State Dropped the DUI and dismissed the possession charge.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: AEDU2TE	Judge Bedinghaus
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and mumbled speech. He also swayed, stumbled, and appeared unsteady. He then performed the HGN (eye test), walk and turn, one leg stand and estimation of time exercises. He was then arrested for DUI and later blew a .139 and a .136 in the breath machine.
Defense:	Issues were raised as to whether the defendant's breath alcohol level was lower at the time of driving due to his performance on the roadside tests. Thus, the firm called into question whether he was over .08 at the time of driving.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CT-004727	Judge Gutman
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery/glassy eyes, and delayed verbal communication. He also had a red in color face. The defendant then performed field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	The firm pointed out to the State that there was a lack of probable cause to arrest him based on the video tape evidence. The State agreed and Dropped the DUI a few days before trial. It should be noted, the firm got his last DUI Dropped as well.
Result:	The State dropped the DUI.

Nov 4, 2021	Case: 21-CT-001080	Judge Dyer
Facts:	The defendant was stopped for weaving and driving under the speed limit. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He appeared lethargic and exhibited mood swings. He also swayed, appeared unsteady, and had balance issues. He then refused roadside tests and was arrested for DUI. He later refused a breath test . This was the defendant's Second DUI.
Defense:	There were a few cops on scene. It appeared on video as if it was training exercise to teach the trainee officer how to process a DUI. One cop was even asking about a refusal statute which didn't even apply. In addition, on tape he did not appear unsteady and his speech was normal. After speaking with the prosecutor, the State Dropped the defendant's Second DUI a few days before trial.
Result:	The State dropped the DUI.

Nov 2, 2021	Case: 21-CT-027646	Judge Peacock
Facts:	The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, glassy eyes, and he swayed while he stood. He also appeared clumsy, and he stumbled. He then performed field sobriety tests and was arrested for DUI. After his arrest, he blew a .205 and a .204 in the breath machine.
Defense:	The firm raised probable cause to arrest issues which would have led to suppression of the breath test results.
Result:	The State dropped the DUI.

Nov 2, 2021	Case: 21-CT-027598	Judge Peacock
Facts:	The defendant was stopped for driving into oncoming traffic. The officer noticed an odor of alcohol, glassy/red eyes, and a fixed gaze. He also had a flushed face and slight slur to his speech. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	The police report over exaggerated the level of impairment on the roadside tests as compared to the video tape evidence.
Result:	The State dropped the DUI.

Nov 1, 2021	Case: 21-CT-024192	Judge Garagozlo
Facts:	A caller dialed 911 stating that the defendant was driving eastbound in the westbound lanes. The officer then observed the defendant swerving all over. Officers observed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant then performed HGN (test) and was arrested for DUI. He later refused the breath test.
Defense:	On video, right before the walk and turn began, it started pouring rain. The officers made no attempt to take the defendant out of the rain and off the highway to give him the opportunity to perform the walk and turn, one leg stand, and any other tests. The officers could be heard saying "we got enough, let’s just go." This was brought the prosecutor's attention along with other issues on the tape.
Result:	The State dropped the DUI.

Oct 27, 2021	Case: 21-CT-007730	Judge Weis
Facts:	The defendant was found by police passed out in his car at a gas station. They found him after a caller dialed 911 stating that the defendant almost struck them in their car, as well as numerous others, and was driving over 100 mph swerving all over. Officers noticed the defendant to have an odor of alcohol, red eyes, they smelled urine, and he had slurred speech. The defendant was also a CDL holder. Due to bizarre behavior exhibited by the defendant, no roadsides were conducted. He was then arrested for DUI and later refused the breath test.
Defense:	Since the call was anonymous, there was no reasonable suspicion of a crime justifying ordering the defendant out of the car without any corroboration.
Result:	The State dropped the DUI.

Oct 26, 2021	Case: 21-CT-030055	Judge Silverman
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the center console and the defendant admitted to drinking. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	Based on the evidence, there was a lack of probable cause to arrest the defendant.
Result:	The State dropped the DUI.

Oct 26, 2021	Case: 21-CT-029026	Judge Silverman
Facts:	The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and thick tongued speech. She also appeared confused, used the car door for support, and admitted to having drank 4 drinks. She refused to perform roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	Many observations such as the defendant's speech and balance issues were contradicted by the officer's body worn camera.
Result:	The State dropped the DUI.

Oct 25, 2021	Case: 21-CT-009397	Judge Panse
Facts:	A gas station employee called 911 stating that the defendant appeared intoxicated and was stumbling around. She also stated that he fell to the ground. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and he staggered as he walked. The defendant also had bloodshot eyes and stated he had drank 2 beers. The defendant refused to perform roadside tests and was arrested for DUI. He later blew a.137 and a .137 in the breath machine. This was the defendant's Second DUI.
Defense:	Under Florida Statute 901.15, officers must observe every element of the crime. In a DUI, they must first observe the defendant to be either driving or in actual physical control. If they do not, the arrest is unlawful under 901.15. The only exception is if there is a crash, which here there was not. When officers arrived in this case, the defendant was standing outside his car. The firm filed a motion to suppress for an unlawful arrest. Just prior the motion hearing, the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Oct 13, 2021	Case: 21-CT-009111	Judge Zuckerman
Facts:	The defendant was found passed out in her car slumped over. The car was running and stopped in the middle of a parking lot blocking other cars. Upon awakening her, she was incoherent, had glassy eyes, and her speech was slow and mumbled. She stumbled and had to catch her balance. Believing she was impaired by drugs, she was asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused a urine test. This was the defendant's Second DUI.
Defense:	The firm filed a motion for statement of particulars. This was filed to find out the State's theory of prosecution, as to what drug they were trying to prove was impairing her. In order to prove DUI under Florida Statute 316.193, a defendant must be impaired by alcohol, and/or a specific chemical and/or controlled substance. Here the State could not prove by what specific substance was impairing the defendant.
Result:	The State Dismissed the defendant's Second DUI.

Oct 12, 2021	Case: 20-CT-013231	Judge Conrad
Facts:	The defendant was accused of running a red light and causing a traffic crash. Officers observed the defendant to have an odor of alcohol, glassy eyes, slurred speech, and he was unsteady. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .232 in the breath machine.
Defense:	The defense was able to show that the defendant was not the driver at the time of the crash. It was his brother who was driving the car. Due to the reasonable doubt created, and the State not being able to prove who was the driver, the State Dismissed the DUI.
Result:	The State Dismissed the DUI.

Oct 12, 2021	Case: 21-CT-000890	Judge Conrad
Facts:	The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant was asked to perform roadside tests and he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Third DUI.
Defense:	An officer is required to advise a defendant of adverse consequences if they refuse roadside tests. In this case, that didn't happen, so the refusal to perform the roadside tests would have been excluded from evidence.
Result:	The State Dropped the defendant's Third DUI.

Oct 12, 2021	Case: 21-CT-001004	Judge Woodard
Facts:	The defendant crashed her car into bushes and a tree on a median. When officers arrived, they observed an odor of alcohol, red/glossy eyes, and she admitted to having drank whiskey. She appeared off balance and stumbled around. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .172 and a .169 in the breath machine.
Defense:	Prior to any trial, the firm brought issues up to the State about the severity of the crash and how it could make her look impaired versus alcohol.
Result:	The State dropped the DUI.