DUI Wins

Feb 9, 2021	Case: 20-CT-000067	Judge Gutman
Facts:	The defendant was the at fault driver in a crash whereby he ran a stop sign and caused a crash with another car. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank one glass of wine. After performing roadside tests, he was arrested for DUI. He later blew a .090 and a .089 in the breath machine.
Defense:	The firm pointed out to the State that the defendant had brake issues which caused the car not to stop. Also, we pointed out there is a .02 margin of error in the breath machine. Thus, we were were able to place his breath test results under the legal limit.
Result:	The State dropped the DUI.

Feb 9, 2021	Case: 19-CT-003805	Judge Conrad
Facts:	The defendant was the at fault driver in a crash. Officers observed an odor of alcohol, slurred speech, and blood shot eyes. He was confused about his location and admitted to having 4 shots of alcohol. He was taken to the hospital for injuries and later charged with DUI. He refused to provide a blood sample.
Defense:	The firm pointed out that some of the injuries that the defendant sustained could have as equally been attributable to any impairment from the crash versus alcohol.
Result:	The State dropped the DUI.

Feb 9, 2021	Case: AB0B20E	Judge Bedinghaus
Facts:	The defendant was stopped for speeding. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed the field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test.
Defense:	The firm pointed out that the defendant had trouble with roadside tests because he had an injured leg. One could actually see the defendant limping around on the video tape.
Result:	The State dropped the DUI.

Feb 9, 2021	Case: 19-CT-017699	Judge Gutman
Facts:	The defendant was found passed out in his car by police in the middle of the night behind a closed business. Upon awakening the defendant, the officers observed an odor of alcohol, slurred speech, and glossy eyes. He admitted to having drank alcohol at a club. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .216 and a .214 in the breath machine.
Defense:	Prior to trial, the frim filed a motion to suppress the lawfulness of the initial detention. In our motion we put forth there was no reasonable suspicion of a crime justifying ordering the defendant out of the car as he was simply sleeping. Also, there were many contradictions in the officers' reports. One officer stated that the defendant was found sleeping while another stated he saw the defendant getting in and out of his car as well as driving around the parking. lot. Their credibility was now called into question. The State Dropped the DUI prior any motion hearing.
Result:	The State dropped the DUI.

Feb 3, 2021	Case: 20-CT-045024	Judge Babb
Facts:	The defendant was stopped at a red light. When the light turned green, she did not move for several seconds. The officer then initiated a traffic stop. He observed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .179 and a .177 in the breath machine.
Defense:	Although the defendant did not drive immediately, there was no infraction since no traffic was affected. In today's day and age with technology, one could have been looking at their cell phone or radio etc. The lawfulness of the traffic stop was called into question.
Result:	The State dropped the DUI.

Feb 2, 2021	Case: 19-016495MU10A	Judge Gottlieb
Facts:	He had a flushed face and appeared very sleepy. As the investigation went on, officers believed that the defendant was impaired by drugs, and not alcohol. He then performed field sobriety tests and was arrested for DUI. He later provided a urine sample which tested positive for marijuana.
Defense:	The firm took pretrial depositions of the officers. After lengthy questioning, we were able to establish that there was no "reasonable cause" pursuant to the DUI Statute for the officers to have even requested urine to begin with. Due to the fact the State could lose the urine test, they Dropped the DUI.
Result:	The State dropped the DUI.

Feb 2, 2021	Case: 20-CT-009386	Judge Conrad
Facts:	The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and he admitted to having drank beer and smoked marijuana. There were several empty beer cans in the car. After performing roadside tests, he was arrested for DUI. He later blew a .20 and a .182 in the breath machine.
Defense:	Many observations written by the officer were contradicted by the video tape.
Result:	The State dropped the DUI.

Feb 2, 2021	Case: 20-CT-010050	Judge Conrad
Facts:	The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He then performed numerous roadside tests on tape. He was then arrested for DUI and later refused the breath test.
Defense:	The firm pointed out that any impairment could have just as easily been caused by the defendant's very high blood sugar taken by EMS at the scene versus alcohol.
Result:	The State dropped the DUI.

Jan 29, 2021	Case: 19-005269MU10A	Judge Gottlieb
Facts:	The defendant was stopped for failing to stop at a stop sign. Officers observed an overwhelming odor of alcohol. He was lethargic in his actions, slow to respond, and had bloodshot eyes. The defendant admitted to having drank jack and coke, was unsteady, and also exhibited slurred speech. The defendant was arrested for DUI after performing the field sobriety tests. He later blew a .087 and a .085 in the breath machine.
Defense:	Parks & Braxton took a pre trial deposition of the arresting officer. We were able to establish many inconsistencies in his testimony versus his reports. Also, the firm was able to place the defendant's breath alcohol level under the legal limit by pointing out the .02 margin of error in the breath machine.
Result:	The State dropped the DUI.

Jan 28, 2021	Case: 20-CT-502723	Judge Swett
Facts:	The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, bloodshot eyes, and mumbled speech. He also had to brace himself for balance. He then performed various field sobriety tests, such as the walk and turn and finger to nose. He was then arrested for DUI.
Defense:	Prior to trial, the firm pointed out to the State that the defendant's balance issues had to do with his age and medical issues.
Result:	The State dropped the DUI.

Jan 28, 2021	Case: 20-CT-501557	Judge Swett
Facts:	The defendant was involved in a crash whereby by she had hit numerous mailboxes and left the scene of the accidents. When officers located her, she appeared impaired. There was no odor of alcohol, however, officers noticed her to be confused, her eyes were watery and glassy, and her speech was mush mouthed and slurred. She was also very slow in her responses and gave incomplete answers to questions. She performed very poorly on roadside tests an was arrested for DUI and leaving the scene of an accident. She later provided a urine sample which was sent to FDLE and was positive for marijuana.
Defense:	After her arrest, another officer conducted a DRE (drug recognition exam) to determine what class of drugs may be impairing her. The officer did not conclude that she was impaired by marijuana, but CNS Depressants. The firm pointed out that he was wrong and we called his credibility into question. The State Dropped the DUI and she received no conviction on the leaving the scene of an accident.
Result:	The State dropped the DUI.

Jan 28, 2021	Case: 20-CT-009793	Judge Moses-Stephens
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He also appeared very nervous. After performing the field sobriety tests, he was arrested for DUI. He later blew a .089 and a .087 in the breath machine.
Defense:	The firm was able to place the defendant's breath alcohol levels under the legal limit due to the .02 margin of error in the breath machine. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 26, 2021	Case: 20-CT-010051	Judge Jeske
Facts:	The defendant was stopped for swerving and stopping in the middle of an intersection. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	During pre trial discovery, Parks & Braxton uncovered that the the arresting officer had been suspended after an internal affairs investigation. His credibility was now called into question and the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 21, 2021	Case: 19-CT-025253	Judge T. Brown
Facts:	Officers responded to a call about a reckless driver who had been driving up on curbs and switching lanes erratically. Officers found the defendant in a parking lot with his eyes closed in the driver's seat. Upon awakening him, they noticed an odor of alcohol, he appeared sluggish, and he had mumbled speech. He moved slowly and also swayed. After performing poorly on roadside tests, he was arrested for DUI. Officers concluded based on their observations, that he was impaired not only by alcohol, but drugs so they requested a urine test. That test later came back from FDLE positive for marijuana. This was the defendant's Second DUI.
Defense:	Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that under the DUI statute there was no "reasonable cause" to believe that the defendant was under the influence of a chemical and/or controlled substance. In other words, they had no right to even request a urine test. The State conceded prior to any motion hearing and Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Jan 20, 2021	Case: 19-CT-020308	Judge Gutman
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	Parks & Braxton pointed out that there was a lack of probable cause to arrest the Defendant.
Result:	The State dropped the DUI.

Jan 20, 2021	Case: 20-CT-005804	Judge Gutman
Facts:	The defendant was stopped for driving on a flat tire. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He admitted to having drank beer. After performing field sobriety tests, he was arrested for DUI. He later blew a .129 and a .129 in the breath machine.
Defense:	The officer stated he had stopped the defendant to conduct a welfare check. The lawfulness of the stop was called into question as there was no danger to person or property. In addition, there was no probable cause to believe a traffic infraction had been committed by simply driving on a flat tire.
Result:	The State dropped the DUI.

Jan 20, 2021	Case: 20-CT-007970	Judge Gutman
Facts:	The defendant was stopped for driving with no illuminated lights on after dark. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant struggled in finding his documents. He then performed roadside tasks such as the walk and turn and one leg stand. He was then arrested for DUI and later blew a .137 and a .135 in the breath machine.
Defense:	The firm pointed out that many observations written by the officer were contradicted by the video.
Result:	The State dropped the DUI.

Jan 13, 2021	Case: 20-CT-033349	Judge Ingram
Facts:	The defendant was stopped for having an inoperable tag light. The defendant had an odor of alcohol, bloodshot eyes, and fumbled with her documents. She stated she had drank two alcoholic beverages, swayed while she stood, and had changing emotions. After performing field sobriety tests, she was arrested for DUI. She later blew a .205 and a .204 in the breath machine.
Defense:	The firm pointed out that the video tape of the defendant showed that her blood alcohol level may have been lower at the time of driving via the theory of absorption and elimination of alcohol.
Result:	The State dropped the DUI.

Jan 13, 2021	Case: 20-CT-041524	Judge Ingram
Facts:	The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, glassy eyes, mumbled speech, and a flushed face. According to the officer, he fumbled with his wallet and provided the wrong documents. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	Parks & Braxton was able to establish that there was a lack of probable cause to arrest the defendant based on his performance on the roadside tests. Also, many observations written by the officer were contradicted by the video tape.
Result:	The State dropped the DUI.

Jan 12, 2021	Case: 20-CT-002296	Judge Healis
Facts:	A civilian called 911 stating that the defendant was driving all over the road and almost caused a head on collision. Deputies arrived and detained the defendant. They observed an odor of alcohol, slurred speech, and she was so unsteady that she almost fell over. The defendant was asked to perform roadside tests and she refused. She was then arrested for DUI and later refused the breath test.
Defense:	When officers arrived on scene, the defendant was parking her car at her house. She was immediately placed in handcuffs prior to the DUI officer even arriving. The firm pointed out to the state that at that point there was no probable cause to cuff her. We explained to the State that it was an illegal defacto arrest as she did not have a weapon nor was she trying to flee. Also, the DUI officer never advised the defendant of any adverse consequences when she refused to perform field sobriety tests as required by law. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.