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DUI Wins

Our Recent DUI Victories

The following is a list of the firm's most recent DUI wins.
Parks & Braxton provides the case number, the judge's name, as well as the date the DUI was won for authenticity purposes.
Nov 29, 2022 Case: 22-CT-010239 Judge Farr

The defendant was stopped after an officer saw him enter a roadway without stopping, make an illegal U-turn at a red light, and drive at a high rate of speed. The officer noticed an odor of alcohol along with an odor of burnt marijuana, slow/slurred speech, and lethargic movements. After refusing to perform roadside tests, he was arrested for DUI. He later refused a breath test.

After several discussions with the prosecutor about the case, they Dropped the DUI.
The State dropped the DUI.
Nov 18, 2022 Case: 22-CT-008192 Judge Oster
The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant also admitted to having consumed alcohol. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
There was no probable cause to arrest the defendant based on the video tape. The State agreed and Dropped the DUI. He not only received No Conviction on his record, but also received no penalties other than court costs.
The State dropped the DUI.
Nov 18, 2022 Case: 22-CT-010001 Judge Oster
The defendant was stopped for driving without a driver's side headlight. The officer noticed an odor of alcohol, watery eyes, and fumbling fingers. She then performed various field sobriety tests and was arrested for DUI. She later blew a .135 and .133 in the breath machine.
After several discussions with the State regarding the evidence, the State Dropped the DUI.
The State dropped the DUI.
Nov 17, 2022 Case: 22-CT-012518 Judge Booras
The defendant found by police passed out behind the wheel of his car. Officers observed an odor of alcohol, slurred speech, and he appeared unsteady on his feet. The defendant refused to do any roadside tests and was arrested for DUI. He later refused the breath test.

There was a lack of probable cause to arrest the defendant based on a lack of evidence. The State agreed and Dropped the DUI.

The State dropped the DUI.
Nov 15, 2022 Case: 22-CF-008467 Judge Twine-Thomas
The defendant was stopped for making improper turns and weaving. The officer noticed an odor of marijuana, red/glassy eyes, and constricted pupils. The defendant stated he had smoked a joint a little while ago. The defendant only performed the HGN (eye test) and was arrested for DUI. He later refused a urine test. After his arrest, the police found cocaine and he was also charged with felony possession.
Prior to trial, after several negotiations with the State, the State Dropped the DUI and the defendant received No felony conviction for the possession charge.
The State dropped the DUI.
Nov 14, 2022 Case: 22-CT-005858 Judge Cohen for Silver
The defendant was stopped for speeding. The defendant took over a minute to stop and passed over several areas where he could have stopped, even with lights and sirens behind him. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. He appeared disoriented and had a flushed face. When asked how much he drank, he responded, "not much." The defendant performed the HGN (eye test) and began to do the walk and turn. He was very unsteady, refused to continue, and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.

When the defendant was stopped, he was immediately placed in handcuffs and ordered out of the car at gunpoint. The firm put forth to the State that the initial handcuffing was an unlawful seizure. Since all of the DUI observations were made after the illegal seizure, (i.e.the handcuffing), they were obtained unlawfully.

The State Dropped the defendant's Second DUI.
Nov 8, 2022 Case: 22-CT-011546 Judge Damico
Officers were called to a gas station about a possible impaired driver (i.e. the defendant). The defendant was seen exiting the gas station and an officer then observed him strike a curb. The defendant was very slow to stop even in lieu of police lights and sirens. The officer noticed the defendant to have an odor of alcohol, red/glassy eyes, and a blank stare. He stumbled getting out of the car, swayed while he stood, and had slurred speech. The defendant performed very poorly on roadside tests and was arrested for DUI. He later blew a .185 and .178 in the breath machine.
The lawfulness of the stop was called into question. The unknown caller gave no specifics facts other than a possible impaired driver. Hitting a curb one time is not probable cause to conduct a traffic stop. Anyone who takes their eyes off the road for a second can bump a curb just like the defendant did.
The State dropped the DUI.
Nov 7, 2022 Case: 22-CT-012800 Judge Conrad
The defendant was stopped for speeding. The officer noticed an odor of alcohol, unsteadiness on her feet, and bloodshot/watery eyes. She then performed the HGN (eye test), walk and turn, and one leg stand roadside tests. She was subsequently arrested for DUI and later refused the breath test.
Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired as required by the Florida DUI statute 316.193. The firm had the State watch the video tape and they agreed.
The State dropped the DUI.
Nov 7, 2022 Case: 22-CT-026689 Judge Atkin
The defendant was stopped after the officer observed her driving onto the median and off the right-hand side of the road into the grass three separate times. Officers observed an odor of alcohol, glassy eyes, and slurred speech. The defendant started to do the field sobriety tests but refused to continue during the walk and turn. She was arrested for DUI and later refused a breath test.
Under Florida law, a defendant cannot be requested to submit to a breath test until after being arrested for DUI. If an officer requests a breath test prior to the arrest, the refusal is excluded from evidence. Here, the officer asked the defendant for a breath test prior to her arrest for DUI. The State Dropped the DUI knowing they would not have the refusal to put into evidence.
The State dropped the DUI.
Nov 3, 2022 Case: AEBN2WE Judge Lawhorne
The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, slurred speech, and a flushed face. Her eyes were also bloodshot and watery. According to the officer, she failed the field sobriety tests and was arrested for DUI. This was the defendant's Second DUI.
After viewing the video tapes, the firm put forth to the State during negotiations that there was a lack of probable cause to arrest the defendant. We based our arguments on her performance on the roadside tests as well as all observations made by the officer prior to the tests. The State agreed and Dropped the defendant's Second DUI.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-006655 Judge Jeske
The defendant was stopped for driving southbound in the northbound lane. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to drinking, was unsteady, and had a bracelet on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew .199, .177, and .183 in the breath machine.

Under Florida law, two breath samples are required within a .02 margin of error of each other. Here, there were three because the first two were outside the margin of error. Due to discrepancies in the breath results, inconsistencies in the evidence, and several negotiations, the State Dropped the DUI.

The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-035994 Judge Peacock
The defendant was stopped for not having his headlights on after dark. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused the breath test.
There was a lack of probable cause to arrest the defendant based on his performance on the roadside tests. Also, on tape, his speech was normal and not slurred.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-009245 Judge Jeske
The defendant was stopped for speeding and driving in an erratic "jerky" manner. The officer noticed an odor of alcohol, slurred/erratic speech, and she appeared unsteady on her feet. After performing various field sobriety tests, she was arrested for DUI and later blew a .146 and .141 in the breath machine.
Many observations written in the police reports contradicted the video tape. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-004767 Judge Jeske
The defendant was found passed out in his truck by police. Upon awakening him, they noticed an odor of alcohol, slurred speech, and the defendant stated he had been partying. An open bottle of beer was also found in his truck. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .182 and .181 in the breath machine.
The legality of the initial seizure of the defendant by ordering him out of his truck was called into question.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-031152 Judge Peacock

The defendant was found unconscious in his running truck in a bar parking lot. Upon awakening him, the officer noticed an odor of alcohol, watery eyes, and he appeared unsteady. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.

The defendant had no capability to operate his truck while he was sleeping. Thus, he could not have been in actual physical control. Also, he was trying to the do the right thing by coming out the bar, sleeping it off, and not driving.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-030015 Judge Peacock
The defendant was stopped after being observed by the police drifting within his lane. He was also crossing over lane markers and speeding. Officers noticed an odor of alcohol, bloodshot eyes, and he seemed confused. He swayed, appeared clumsy, and admitted to having consumed two drinks. He then performed numerous roadside tests and was arrested for DUI. He later blew a .161 and .149 in the breath machine.
After several conversations with the State regarding the evidence, the State Dropped the DUI.
The State dropped the DUI.
Nov 1, 2022 Case: 21-CF-012805 Judge Barbour
The defendant was stopped by police at gunpoint after two civilians stated via 911 that the defendant was following them and pulled a gun on them. Within a minute of the 911 call, police located the defendant and stopped his car. After being ordered out, the police placed handcuffs on him and kept him detained. While cuffed, the officer noticed an odor alcohol, he admitted to having drank 3-4 beers, and he had red/glassy eyes. He was asked to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's 4th DUI and he was charged with Felony DUI. He was also charged with two counts of aggravated assault with a firearm.
Parks & Braxton took pretrial depositions of the witnesses. At depo, the civilian witnesses who stated that the defendant pulled a gun were impeached with their pretrial statements which contradicted the depo testimony. In addition, the police did not find any gun. The two aggravated assault charges were Dismissed. As to the Felony DUI, the defendant was unlawfully detained as the police kept him handcuffed after not finding any gun. All of the DUI observations were made after the illegal detention. In addition, the officer's testimony was also impeached at the depo.
The State Dropped the defendant's 4th Felony DUI.
Oct 31, 2022 Case: 21-CT-020132 Judge Bryson

The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, slurred speech, and he swayed while standing. The defendant, when asked if he had been drinking, admitted to having consumed 2, 3, or 4 beers. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .184 and .171 in the breath machine.

After a year of discussions and negotiations with the State about the evidence, they Dropped the DUI.
The State dropped the DUI.
Oct 31, 2022 Case: 22-CT-008720 Judge Panse
The defendant was the at fault driver in a rear end crash. The officer noticed an odor of alcohol, bloodshot eyes, and he used his vehicle for balance. He admitted to having drank a glass of vodka and almost fell over. He then performed various roadside tests. For example, on the walk and turn, he stepped off the line, took 19 steps (versus the required 9), and lost his balance. On the one leg stand, he fell over on the ground. He was then arrested for DUI and later refused a breath test.
We pointed out due the defendant's age being over 70 years old, and various medical conditions, the impairment observed on the roadsides could have as easily been due to those factors versus alcohol.
The State dropped the DUI.
Oct 27, 2022 Case: 22-CT-008531 Judge Farr

The defendant was stopped for speeding and running a red light. Officers observed an odor alcohol, slurred speech, and bloodshot eyes. The defendant admitted to consuming one beer. After performing various field sobriety tests, he was arrested for DUI. He then blew a .150 and .146 in the breath machine.

Due to various discrepancies between the police reports and the videotape, the State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2022 Case: 22-CT-005153 Judge Farr

The defendant was stopped for making an illegal right turn on red. Officers observed an odor of alcohol, watery eyes, a drunk-like appearance, and very slurred speech. They also noticed the defendant to appear slow and sluggish. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later refused a breath test.

The officer over exaggerated the level of impairment in his police reports as compared to the actual video tape. After discussions with the State about the evidence, they Dropped the DUI.

The State dropped the DUI.
Oct 27, 2022 Case: 22-CT-008195 Judge Farr
The defendant was stopped for weaving and almost running off the roadway. Officers noticed an odor of alcohol, slurred speech, and he appeared disoriented. He then performed various roadside tests and was arrested for DUI. He then blew a .112 and .117 in the breath machine.

Based on the videotape evidence, it was apparent that the defendant may have been below the legal limit at the time of driving.

The State dropped the DUI.
Oct 27, 2022 Case: 21-CT-009790 Judge Jeske
The defendant was stopped after striking a raised concrete median and almost running over an officer who was directing traffic. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and he gave a credit card instead of his driver's license. He had difficulty opening the car door and appeared very unsteady. Due to safety concerns, roadsides were discontinued. He was then arrested for DUI and later blew a .166 and .163 into the breath machine.
After numerous negotiations over the past year with the State about the evidence and the defendant, they agreed to Drop the DUI.
The State dropped the DUI.
Oct 26, 2022 Case: 22-CT-009975 Judge Conrad
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and heavily slurred speech. The defendant also had trouble locating his wallet and other items. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .177 and .171 in the breath machine.

After several discussions with the State regarding the evidence, the State Dropped the DUI.

The State dropped the DUI.
Oct 26, 2022 Case: 22-CT-000652 Judge Roberts
The defendant was involved in a traffic crash. When officers arrived, they noticed an odor of alcohol, watery eyes, and slurred speech. According to the officer, the defendant stumbled and lost his balance. He was asked to perform roadside tests to which he complied. He then performed the walk and turn, one leg stand, an HGN (eye test). He was subsequently arrested for DUI and later refused the breath test. This was the defendant's Second DUI.

The defendant was the victim in the crash and not the at fault driver. A car pulled out and smashed into him. Also, on the tape, his speech was not slurred. In addition, although the officer wrote the defendant stumbled, that was not on tape and we could see the defendant standing around for about 10-15 minutes without appearing off balance.

The State Dropped the Defendant's Second DUI.
Oct 26, 2022 Case: 22-CT-002072 Judge Dekleva
The defendant was stopped for crossing over the double yellow lane marker into opposing traffic. The officers noticed an odor of alcohol, a flushed face, and bloodshot eyes. He admitted to having drank 4 beers. After performing various roadside tests, he was arrested for DUI. He later blew a .128 and .121 in the breath machine.
Due to conflicts between the written reports and the videotape, the State Dropped the DUI.

The State dropped the DUI.

Oct 26, 2022 Case: 22-CT-002401 Judge Dekleva

The defendant was stopped for swerving and almost causing a collision. The officer observed an odor of alcohol, glassy eyes, and confusion while speaking. She stated she was drunk and knew she should not be driving. She performed very poorly on field sobriety tests and was arrested for DUI. She later blew a .167 and .164 in the breath machine.

After speaking to the prosecutor about the evidence and about the defendant herself, the State Dropped the DUI.
The State dropped the DUI.
Oct 25, 2022 Case: 21-CT-046294 Judge Silverman
The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, a flushed face, and watery/glassy eyes. His speech was slurred and thick tongued and he appeared confused. He was asked to perform roadside tests but he refused. A vodka bottle was found in the defendant's vehicle. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
If a defendant refuses to perform roadside tests, the officer must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any adverse consequences. In addition, on tape, the defendant's speech appeared normal and he did not appear confused.
The State Dropped the Defendant's Second DUI.
Oct 24, 2022 Case: 22-CT-006546 Judge Bristow
The defendant was stopped for weaving and driving on a flat tire. The officer noticed an odor of alcohol, slurred speech, and glossy eyes. He was unable to form a complete sentence and was crying. His motions were slow, he had difficulty following instructions, and admitted to having drank 3-4 Modelo beers. After performing very poorly on roadside tests, he was arrested for DUI. He later blew a .209 and .206 in the breath machine.
After several discussions with the State about various conflicts in the evidence, the State Dropped the DUI.
The State dropped the DUI.
Oct 18, 2022 Case: 22-CT-500635 Judge Swett
The defendant backed his car into another car in a bar parking lot. When officers arrived, they noticed he had an odor of alcohol, he stumbled, and also had to catch his balance. He had a flushed face, slurred speech, and was unable to form coherent sentences. He refused to perform field sobriety tests and was then arrested for DUI. A bar receipt was located which showed the defendant had purchased fireball shots. The defendant was then arrested for DUI. He later refused a breath test. This was the defendant's Third DUI.

Under Florida law, an officer must advise a defendant of any adverse consequences when a defendant refuses to perform roadside tests. Thus, the refusal to perform roadside tests would have been excluded from evidence. In addition, the firm had questioned the officer at the initial administrative DMV hearing. The firm ordered that testimony and many of the things that the officer testified to were contradicted by his police reports. Thus, his credibility was called into question.

The State Dropped the defendant's Third DUI.
Oct 17, 2022 Case: 22-CT-006812 Judge Conrad

The defendant was found passed out and slumped over the wheel in his running vehicle in a bar parking lot. When officers awoke the defendant, they noticed an odor of alcohol, slurred speech, unsteady appearance, and bloodshot eyes. He admitted to having too much to drink and had vomited about 30 minutes ago. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test.

The defendant had walked out of the bar he had been drinking at and did the right thing by not driving and trying to sleep it off. Also, while sleeping, he had no capability to operate the car. Thus, he couldn't have been in actual physical control. On tape, he kept telling the police he was trying he do the right thing by not driving. After several discussions with the prosecutor, they Dismissed the DUI.
The DUI was dismissed.
Oct 12, 2022 Case: 22-CT-030800 Judge Silverman
The defendant was stopped for almost causing an accident in a parking lot and then weaving. Officers noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He appeared clumsy, stumbled, and swayed. He admitted to having consumed 3 drinks. He then performed various field sobriety tests and was arrested for DUI. He later blew a .164 and .159 in the breath machine.

After several conversations with the prosecutor about conflicts in the written evidence versus the video, as well as the defendant's personal history, the State Dropped the DUI.

The State dropped the DUI.
Oct 11, 2022 Case: AEBMQEE Judge Lawhorne
The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank wine. According to officer, he performed poorly on the roadside tests and was then arrested for DUI. He later refused the breath test.
The video tape contradicted the officer's reports. The defendant performed much better on the roadside tests on tape than as written.
The State dropped the DUI.
Oct 11, 2022 Case: AEBMSXE Judge Lawhorne

The defendant was stopped after he hit a curb and drove up on a curbed median. The officer noticed an odor of alcohol, watery/gassy eyes, and a sway to his stance. The defendant's speech was slurred/mumbled and he also admitted to taking prescribed medicine. Due to safety reasons because of the defendant's impairment level, all the roadside tests were not performed. He was then arrested for DUI and later blew a .123 and .116 in the breath machine.

After several discussions with the prosecutor about the defendant's personal history and the evidence, the State Dropped the DUI.

The State dropped the DUI.
Oct 4, 2022 Case: 22-CT-027353 Judge Babb
The defendant was stopped for swerving all over the road. Officers noticed an odor of alcohol, mumbling speech, and she was clumsy. She had trouble standing and almost fell getting out of the car. She also admitted to having drank White Claws. She performed poorly on roadside tests and was arrested for DUI. She later blew a .232 and .225 in the breath machine.
After several negotiations with the State about the defendant and the evidence, they Dropped the DUI.
The State dropped the DUI.
Oct 4, 2022 Case: 22-CT-001595 Judge Oster
The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also admitted to having consumed alcohol earlier in the day. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test.

There was a lack of probable cause to arrest the defendant based on his performance on the field sobriety tests. The firm pointed this out to the State. They agreed and Dropped the DUI.

The State dropped the DUI.
Oct 3, 2022 Case: 22-CT-000796 Judge Wansboro
The defendant was stopped for traveling southbound in the north bound lane. Officers noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant had a hard time getting out of his car and used the car for balance. The defendant admitted to having drank wine. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later refused the breath test.

The defendant's video tape contradicted the officer's written observations and conclusions and his reports.

The State dropped the DUI.
Sep 22, 2022 Case: 22-MM-02314 Judge Mkyton
The defendant's boat was stopped for a safety inspection. The officer noticed an odor of alcohol and requested that the defendant perform roadside tests. At first he refused, then he agreed to perform various field sobriety tests used in boating under the influence case such as the finger to nose, palm pat, and hand coordination. He was then arrested for Boating Under the Influence and later refused the breath test.
Based on an odor of alcohol alone, there was no reasonable suspicion of a crime to believe that the defendant was operating his vessel while impaired to lawfully even request field sobriety tests.
The State Dropped the BUI.
Sep 22, 2022 Case: AEX8ZDE Judge Szematowicz

The defendant was stopped for driving over 100 mph. The officer noticed bloodshot/watery eyes and eye lid tremors. He also had body tremors, a strong odor of burnt marijuana coming from this breath, and slurred speech. He was then asked to perform various roadside tests such as the HGN (eye test), one leg stand, walk and turn, and finger to nose. He also had the defendant estimate the passage of 30 seconds in his head otherwise known as the Rhomberg balance. He was then arrested for DUI and later refused a urine test.

The defendant had Delta 8 marijuana in his car which is legal. He stated that is all he uses. It was unknown whether he was impaired by the legal Delta 8 or the illegal Delta 9 marijuana.

The State dropped the DUI.
Sep 20, 2022 Case: 21-012854MU10A Judge Solomon
The defendant was involved in a crash whereby he hit a car and ended up colliding with a utility pole. Several officers arrived to conduct an accident investigation. At the same time, a deputy arrived to conduct a criminal investigation. On video, the deputy asked the defendant a series of questions. In response to questioning, the defendant acknowledged that he was the driver. The defendant performed extremely poorly on the roadside tests and was arrested for DUI. He was taken to the police station and blew a .219 and a .213 in the Intoxilyzer. This was the defendant's second DUI.
Parks & Braxton filed a motion to suppress based on an unlawful arrest. First, the firm filed a motion to exclude the defendant's statements because the deputy failed to read him his Maranda warnings. Next, counsel argued that pursuant to 316.645, the arresting deputy, who never spoke with the other civilians in the crash, had no probable cause to arrest the defendant. The motion was granted. All evidence was excluded.
The State dropped the DUI.
Sep 20, 2022 Case: 22-CT-003226 Judge Conrad

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he displayed cognitive deficiencies. For example, he could not find his cell phone even though it was on his lap, and also was forgetful while speaking to the officer. The defendant appeared unsteady and swayed while he stood. He then performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.

Many of the observations that the officer described in his reports were contradicted by the video tape. The State agreed and Dropped the defendant's Second DUI.
The State dropped the DUI.
Sep 19, 2022 Case: 22-CT-500946 Judge M. Gonzalez
The defendant was found by the police sitting in her car with the door open at a RaceTrac gas station. She had just thrown up outside the driver's door. Officers observed an odor of alcohol, vomit, watery eyes, and she was very confused. She swayed and had a dazed look. She then performed poorly on roadside tests and was arrested for DUI. She later refused a breath test.
The State could not prove the defendant was in actual physical control. The vehicle was a push-start and the key fob was on a seat. With those facts and the door being open, she had no "capability" to operate the car.
The State dropped the DUI.
Sep 12, 2022 Case: 22-CT-010522 Judge Panse

Officers located the defendant and her car parked at a 45 degree angle on the shoulder of a roadway. Officers had been dispatched to a BOLO about a car missing an entire left front tire and a seemingly impaired driver. Officers noticed the defendant to have an odor of alcohol, watery eyes, and a flushed face. She also had thick/slurred speech and didn't remember how the tire came off. She then performed various roadside tests such as the Rhomberg balance (estimate 30 seconds), alphabet, one leg stand, and walk and turn. She was then arrested for DUI and later refused the breath test.

When officers arrived, the defendant was standing at her back bumper. It could not be determined if there was a crash or not. Under Florida Statute 901.15, when there is no crash, an officer must observe all elements of the misdemeanor in their presence. (i.e. the defendant either driving and/or in actual physical control). If not, the arrest is unlawful.

The State dropped the DUI.
Sep 12, 2022 Case: 22-CT-006112 Judge Silver
The police received a call from a Shell gas station that a customer's car had been stolen. The officer located the car in question and conducted a traffic stop. The defendant, who was the driver, appeared confused as to what was going on. She had an odor of alcohol, slurred/slow speech, and admitted to having drank vodka. She performed very poorly on roadside tests. The defendant could not say the alphabet correctly, stumbled all over the place on the walk and turn, and put her foot down numerous times on the one leg stand. She was arrested for DUI and later refused the breath test.
It was the defendant who actually called the police because she couldn't find her car. The gas station owner told the police that it was the owner's car and that she had found. This was prior to the traffic stop. On tape, the officer can be heard stating to another cop that he knew that, but just "wanted to verify." There was no lawful basis for the traffic stop once the officer is heard on tape stating he knew the defendant found her car and it was hers.
The State dropped the DUI.
Sep 8, 2022 Case: 22-CT-009235 Judge Booras
The defendant was stopped for driving with no lights and swerving in and out of the lanes of travel. She also nearly struck a sign. The officer noticed an odor of alcohol, slow/unclear speech, and red/glassy eyes. She also appeared shaky on her feet. After performing various roadside tests, she was arrested for DUI and later blew a .187 and .182 in the breath machine.
After several conversations with the State regarding the evidence and the defendant herself, the State Dropped the DUI.
The State dropped the DUI.
Sep 7, 2022 Case: 22-CT-003506 Judge Scott

The defendant was found asleep in his car while it was running. Officers noticed an odor of alcohol, glassy eyes, and he appeared unsteady. Beer was also found in the car. He then performed various field sobriety tests such as the walk and turn and HGN (eye test). He was then arrested for DUI and later refused a breath test.

There was no video dash camera or body camera in the case. The reports were vaguely written and didn't provide many specifics.
The State dropped the DUI.
Sep 6, 2022 Case: 21-CT-503888 Judge Swett
The defendant was found passed out in a parking garage. Officers saw the defendant's door open and also the passenger door open. The defendant, who was in the driver's seat, and the passenger were practically unconscious. The car was running and officers were yelling at them to wake up, doing sternum rubs, and also checking pulses. EMS was called as well. When the defendant was taken out the car, he tried to go back to sleep on the ground. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. He appeared incoherent on tape and performed poorly on roadside tests. He was arrested for DUI and later blew a .170 and .166 in the breath machine.

The State could not prove that the defendant was in actual physical control because he had no "capability" to operate the vehicle while being passed out.

The State dropped the DUI.

Sep 6, 2022 Case: 21-CT-503413 Judge Swett

Officers were called to a 7-11 reference a suspicions person call. When officers arrived, the defendant pulled out of the parking lot and drove up on the curb. The defendant then followed a van too closely and ran a stop sign. He then drove off the roadway and the officer conducted a traffic stop. There was no odor of alcohol, but the officer observed droopy eye lids, bloodshot eyes, and he handed the officer a health insurance card instead of his driver’s license. He also staggered, stumbled, and swayed. He had a dazed look and appeared sleepy. Believing he was impaired by drugs, he then performed various roadside tests and was subsequently arrested for DUI. At the station, he also submitted to a DRE (drug recognition exam). He later provided a urine sample which revealed a positive result for a controlled substance after being tested by FDLE.

Issues were presented to the State by the defense as to contradictions between the DRE exam field sobriety tests done at the station versus the roadside tests done as the scene.

The State dropped the DUI.
Sep 1, 2022 Case: 22-CT-004440 Judge Conrad
The police were called about a suspicious vehicle. When officers arrived, the defendant was parked and asleep in the driver's seat of his truck. The vehicle was off and the keys were on the defendant's lap. Officers noticed an odor of alcohol, slurred speech, and he was making unusual statements. He also had bloodshot eyes and admitted to having drank 4-5 vodka/diet cokes. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
The State could not prove that the defendant was in actual physical control of the truck as he had no "capability" to operate the truck while sleeping and the engine being off.

The State dropped the DUI.

Sep 1, 2022 Case: 22-CT-005154 Judge Oster
The defendant was stopped for weaving and driving under the speed limit. It took the defendant one mile before he stopped even with police lights and sirens on. Officers noticed an odor of alcohol, fumbling fingers, and he appeared very unsteady. He also had bloodshot eyes and slurred speech. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .170, .20 and .185 in the breath machine.
Only two breath samples are required under the law and they each have to be within .02 of each other. Here, there were three samples.
The State dropped the DUI.
Sep 1, 2022 Case: 22-CT-003219 Judge Conrad
The defendant was stopped for straddling the lane markers and almost sideswiping a guardrail. Officers observed an odor of alcohol, watery/glassy eyes, and displayed cognitive issues when being spoken too. The defendant first denied drinking then later admitted to having drank beers. He then performed various field sobriety tests such and the HGN (eye test), one leg stand, and walk and turn. He later blew a. 182 and .181 in the breath machine.

After several discussions with the State regarding the evidence and the defendant, they Dropped the DUI.

The State dropped the DUI.
Aug 31, 2022 Case: 22-CT-005947 Judge Conrad
The defendant was stopped for driving westbound in the eastbound lane of travel. The officer noticed an odor of alcohol, she admitted to having drank 3 beers, and had red/glassy eyes. She then performed various field sobriety tests and was arrested for DUI. She later blew a .146 and .140 in the breath machine.

After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.
Aug 31, 2022 Case: 22-CT-5196 Judge Farr
The defendant was stopped for driving 99 mph in a 45 mph zone. He also drove around other cars very closely, almost causing an accident. He was then stopped and ordered out of the car. He was not complying with officers' commands and they handcuffed him. Officers then smelled and odor of alcohol and also noticed bloodshot eyes. He was arrested at that point for reckless driving and resisting an officer without violence. At the jail, he was asked to perform roadside tests to which he refused. A DUI charge was then added. He then refused a breath test. This was the Defendant's Second DUI and also he was charged with a Second Refusal to provide a breath test.
An officer must advise a defendant of adverse consequences if they refuse to perform field sobriety tests. Here, the officer didn't comply with the law and gave no adverse consequences. Thus, the defendant's refusal to do roadside tests would have been excluded from evidence. In addition, when the officer read the defendant the implied consent upon requesting a breath test, they read him the wrong implied consent. Here, officer read him the one that applies to boating under the influence cases and not DUI's. Thus, the defendant's refusal to provide a breath sample would have been excluded from evidence. The State Dropped the defendant's Second DUI, Dismissed the second refusal charge, Dismissed the reckless charge, and he received no further penalties on the resisting charge.
The State dropped the DUI.
Aug 31, 2022 Case: 22-CT-6438 Judge Conrad
The defendant was stopped for driving without lights and also failing to stop at a stop sign. Officers observed an odor of alcohol, glassy eyes, and she appeared unsteady. She then refused to perform roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI and she was also charged with refusing to provide a breath test for the second time.
We pointed out to the State that the defendant did not appear unsteady at all on video. In fact, she walked and stood perfectly normal. In addition, her speech sounded normal and she had no issues exiting her car. The State Dropped the defendant's Second DUI and also dismissed her second refusal charge.
The State dropped the DUI.
Aug 30, 2022 Case: AEBMLNE Judge Lawhorne
The defendant was stopped for turning left on a turn right only. Officers observed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having drank a couple of beers. He also had slurred speech and swayed while he stood. He then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later blew a .112 and .111 in the breath machine. This was the defendant's Second DUI arrest.
Parks & Braxton pointed out numerous inconsistencies between the officer's reports and the DUI video tape. For example, the defendant did not sway and his speech sounded normal. In addition, his performance on the roadside tests on tape was much better than as written in the reports.
The State Dropped the Defendant's Second DUI.
Aug 30, 2022 Case: AG3AUEE Judge Lawhorne

The defendant was stopped for running a red light. The officer smelled an odor of alcohol, noticed glassy/watery eyes, and the defendant appeared unsteady. The defendant also admitted to having drank beer. After performing several field sobriety tests, he was arrested for DUI. He later blew a .086 and .083 in the breath machine.

Parks & Braxton pointe out to the State that with the .02 margin of error in the breath machine, the defendant's two breath alcohol results of .086 and .083 were under the legal limit. In addition, English is the defendant's second language. He had a lot of difficulty understanding the officer's instructions during the DUI investigation.
The State dropped the DUI.
Aug 30, 2022 Case: AFLPCOE Judge Croff
The defendant was involved in a traffic crash with another car. She was alleged to have failed to yield to oncoming traffic. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had a blank expression on her face. She refused to perform any roadside tests and was arrested for DUI. She later refused the breath test.

The firm pointed out to the State that based on the evidence, such as witness statements, police reports, and the physical evidence, it was unclear whether the defendant or the other car was at fault. In addition, on tape, the defendant did not have any blank look and was totally responsive and coherent. Furthermore, her speech sounded normal on tape, and not slurred.

The State dropped the DUI.
Aug 30, 2022 Case: 20-CT-003489 Judge Steele
The defendant was stopped for speeding and drifting into oncoming lanes. He was then very slow to stop even with lights and sirens. The officer noticed and odor of alcohol, bloodshot eyes, and droopy eye lids. He performed very poorly on roadside tests. For example, on the walk and turn, he stepped off the line and lost his balance during the instructions. On the one leg stand, he used his arms for balance and placed his foot on the ground multiple times. He was arrested for DUI and later refused the breath test.
The officers were having problems with the breath machine. The defendant never actually refused to take the breath test. The first time he blew, they alleged there were two invalid breath samples. The next time he was going to blow, the machine failed as it reflected RFI (radio frequency interference). The third time he was going to blow, the were two more alleged invalid samples.

The State dropped the DUI.

Aug 19, 2022 Case: 22-CT-026690 Judge Peacock
The defendant was stopped for crossing over the dotted line multiple times, as well as swerving across lanes of traffic. The officer noticed an odor of alcohol, watery eyes, and he admitted to having drank two vodka cranberry alcoholic drinks. The defendant performed various roadside tests and was arrested for DUI. He later blew a .167 and .153 in the breath machine.

After conversations with the State about the evidence, they Dropped the DUI.

The State dropped the DUI.
Aug 19, 2022 Case: 22-CT-025442 Judge Peacock
The defendant was stopped for speeding and swerving within his lane. Officers noticed an odor of alcohol, he admitted to having drank 3 mugs of beers, had watery eyes, and had a flushed face. His attitude varied from polite to cocky to excited to indifferent. He then performed field sobriety tests and was arrested for DUI. He later blew a .099 and .101 in the breath machine.

Due to the .02 margin of error in the machine, the firm was able to place one of the defendant's breath results under the legal limit of .08.

The State dropped the DUI.
Aug 15, 2022 Case: 22-CT-003890 Judge Taylor

The defendant was found by police in his truck blocking lanes of traffic. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and rambling/slurred speech. While out of the truck, he swayed, staggered, and also urinated in front of the cop. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.

After several negotiations with the State regarding the evidence and the defendant himself, they Dropped the DUI.
The State dropped the DUI.
Aug 12, 2022 Case: 22-CT-000747 Judge Hitzemann
The defendant was stopped for weaving all over the road and stopping in the middle of the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She was also very unsteady and exhibited mood swings. She performed very poorly on roadside tests and was arrested for DUI. She later blew a . 247 and .241 in the breath machine. This was the defendant's Second DUI.

The officer misinformed the defendant by telling her on tape that if she did not do the roadside tests, her license would be suspended. A license suspension only applies to a breath, blood, or urine test, not field sobriety tests. Furthermore, the officer misinformed the defendant of the law by telling her on tape that no matter what she blew in the breath machine, there are no enhancements. Once again a misstatement of the law because any breath alcohol test above a .15 is an enhanced DUI. Realizing that the roadside tests and the breath test would be excluded from evidence, the State Dismissed the defendant's Second DUI.

The DUI was dismissed.
Aug 11, 2022 Case: 21-CT-018450 Judge Bryson
The defendant was the at fault driver in a three car crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and he was sweating profusely. His eyes were red and glassy and he also stumbled. The defendant was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test.
When a defendant refuses roadside tests, the officer must advise the defendant of the adverse consequences of his refusal or the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences as required by law. In addition, on tape the officer was the one who actually stumbled while walking.
The State dropped the DUI.
Aug 10, 2022 Case: 22-CT-001299 Judge Farr

The defendant crashed his car into a tree and entered back on the road. His vehicle then skid into a Ford truck which then crashed through a garage door. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and stated he had drank an old fashioned cocktail. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.

The firm pointed out to the State that on video the officer had the defendant perform the walk and turn and one leg stand in a windstorm. The wind was so strong that one could see things blowing all over. Due to the lack of fairness shown to the defendant considering the roadside test conditions, the State Dropped the DUI.

The State dropped the DUI.
Aug 10, 2022 Case: 22-CT-000309 Judge Farr
The defendant was found by police slumped over the wheel in her car blocking the entrance to a residential complex. A child was also in the car. No odor of alcohol was detected, but the officer noticed glassy eyes, very slurred speech, a sway to her stance, and she appeared to keep closing her eyes like she was falling asleep. She also appeared disoriented and confused. Believing she was impaired by drugs, she then performed roadside tests. She performed very poorly and was arrested for DUI. She provided a urine sample which after testing by FDLE revealed numerous controlled substances.

During negotiations with the State, we pointed out that circumstances surrounding the initial contact with the defendant were an unlawful search and seizure.

The State dropped the DUI.
Aug 10, 2022 Case: 22-CT-003255 Judge Jeske

The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. He also had clumsy movements, swayed, and was unsteady on his feet. After performing various field sobriety tests such as the walk and turn and one leg stand, he was arrested for DUI. He later blew a .114 and .111 in the breath machine.

Although the defendant blew just over the legal limit, his video performance of the field sobriety tests showed he may have been lower than .08 at the time of driving. In other words, he was on the rise and absorbing alcohol at the time he blew into the machine. Due to the conflict, the State Dropped the DUI.

The State dropped the DUI.

Aug 9, 2022 Case: 21-CT-027652 Judge Baker

The defendant crashed his car into a utility pole. When officers arrived, they noticed an odor of alcohol, a flushed face, and slurred/mumbled speech. He also had blood/shot watery eyes and was argumentative. 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.

When a defendant refuses to perform field sobriety tests, the officer must advise the defendant of adverse consequences if they do refuse. Here, the officer did not, so the refusal to do roadside tests would have been excluded from evidence. In addition, an officer cannot request a breath test until after one is arrested per Florida Statutes. Here, the officer not only requested a breath test prior to arrest, but also read implied consent telling him he would lose his license. Thus, the defendant's refusal to provide a breath sample would have been excluded from evidence. The State Dropped the defendant's' Third DUI.

The State dropped the DUI.
Aug 9, 2022 Case: AEBMRGE Judge Lawhorne
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a sway to his stance, admitted to consuming two glasses of wine, and also staggered. After performing various roadside tests, he was arrested for DUI. He later blew a .129 and .127 in the breath machine.

After several negotiations with the State regarding the evidence and the defendant himself, the State Dropped the DUI.

The State dropped the DUI.

Aug 9, 2022 Case: 22-CT-001531 Judge Herr

The defendant was stopped for an expired tag. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .198 and .188 in the breath machine.

After several conversations with the prosecutor about conflicts in the evidence, the State Dropped the DUI.

The State dropped the DUI.

Aug 9, 2022 Case: 22-CT-016347 Judge Babb

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow speech, and glassy eyes, He also fumbled with his wallet and admitted to having drank one beer. He then performed the HGN (eye test) , one leg stand, and walk and turn exercises. He was then arrested for DUI and later blew a .142 and .149 in the breath machine.

After speaking with the State regarding the evidence, the State Dropped the DUI.

The State dropped the DUI.
Aug 4, 2022 Case: 21008658MU10A Judge Carpenter-Toye

The defendant drove his car through a concrete barrier, plunging 30 feet below the highway exit ramp. Both the defendant and the passenger were transported to the hospital. While the defendant was being treated for injuries a Trooper entered the room. The Trooper observed a strong odor of alcohol, bloodshot eyes as well as extremely slurred speech. A medical blood draw was conducted, and the prosecutor made efforts to acquire the blood results.

Parks & Braxton filed an objection to the State's request to obtain the defendant's medical records. Specifically, all of the indicators of impairment that the Trooper observed were made in the defendant's hospital room. The firm argued that the Trooper violated the defendant's 4th Amendment right to privacy when he entered his hospital room. Specifically, the firm successfully argued that an individual in a hospital has a reasonable expectation of privacy. As a result, the Court denied the State's request to obtain the defendant's private medical records and blood results. In addition, counsel filed a separate motion to suppress to exclude all of the observations that the Trooper made. The State conceded the motion.
The State dropped the DUI.
Aug 3, 2022 Case: 22-CT-001975 Judge Jeske

The defendant was stopped for having no functioning tail lights. The officer smelled marijuana coming from the car and his person. He also observed bloodshot/glassy eyes, and slurred speech. He admitted to having smoked pot 15 minutes before driving. The defendant had body tremors as well. According to officer, he failed the roadside tests and was arrested for DUI. He later provided a urine sample which was tested by FDLE and was positive for marijuana.

The firm pointed out that there was no probable cause to arrest the defendant for DUI. The State agreed and Dropped the DUI. The defendant received no conviction and no penalties other than court costs.
The State dropped the DUI.
Aug 2, 2022 Case: 22-CT-002779 Judge Bigney

The defendant was the at fault driver in a rear end crash. The officer noticed an odor of alcohol, glossy eyes, and his speech was slurred. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI and he also was charged with the crime of refusing a breath test for the second time.

The firm announced ready for trial. Due to various discovery issues pertaining to the charges, the defendant's charges were Dismissed on the day of trial.

The DUI was dismissed.
Aug 1, 2022 Case: 21-017995MU10A Judge Carpenter-Toye
The defendant was involved in a multi vehicle crash. Multiple civilian witnesses stated that the defendant was driving at a high rate of speed and collided with the vehicle in front of him. The officer noticed a strong odor of alcohol and bloodshot eyes. Upon speaking with the defendant, the officer stated that he did know which county he was in. The defendant admitted to drinking a couple of margaritas for Taco Tuesday. The defendant was asked to perform a series of field sobriety tests, including the walk and turn and one leg stand. The defendant performed poorly and was arrested for DUI. The defendant subsequently blew a .157 and .164 in the intoxilyzer.

Parks & Braxton filed a motion to suppress alleging that the defendant was unlawfully arrested. Specifically, the only individuals who observed the defendant behind the wheel were civilians. As a result, Florida Statute 316.645 requires the arresting officer to conduct an independent crash investigation. In this case, the officer only completed a DUI investigation, and did not take part in the crash investigation. The State contacted Parks & Braxton to concede the motion.

The State dropped the DUI.
Jul 27, 2022 Case: AFLIQBE Judge Vaccaro

The defendant was the at fault driver in a crash and he was also observed driving all over the road. When officers arrived, they observed the defendant to have glassy eyes, slurred/low speech, and he slowly exited the car. The defendant's eyes kept closing and his movements were slow. He had a dazed look and his eye lids were droopy. Believing he was impaired by drugs, he was asked to perform roadside tests. He performed poorly and was arrested for DUI. He later provided a urine test which was positive for marijuana after being tested at FDLE.

Here, there was no smell of pot, no marijuana was found, and the defendant denied taking any drugs. Also, the marijuana stays in one's system for up to 30 days. The officer also noticed HGN (nystagmus) which would be inconsistent with someone under the influence of pot. The State could not prove that he was impaired by marijuana.
The State Dropped the DUI.
Jul 26, 2022 Case: AEBMTVE Judge Dittmer
The defendant was stopped after he was swerving and also entered the bicycle lane. The officer noticed an odor of alcohol, red/watery eyes, and slow/slurred speech. Bottles of beer and vodka were found in the car as well. After performing various field sobriety tests, the defendant was arrested for DUI. He later refused the breath test.
After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
The State dropped the DUI.
Jul 26, 2022 Case: 21-CT-051142 Judge Garagozlo
The defendant hit a mailbox and then left the scene. He also traveled westbound in the eastbound lanes and almost hit two parked cars. After a BOLO went out, the police located the defendant and conducted a traffic stop. The defendant stumbled out of the car, he was slow to answer questions, and his pupils were constricted. He also had an orbital sway, had to have questions repeated, and would lean on his vehicle for balance. No odor of alcohol was detected. Believing he was impaired by drugs, he then performed various roadside tests. He performed very poorly on tape and was arrested for DUI and leaving the scene of an accident. He provided a urine test which revealed the presence of marijuana after being tested by FDLE.
The firm pointed out that there was no odor of pot, no pot found, no statements about taking marijuana, and no officers wrote anything about detecting that the defendant was impaired by marijuana. It was obvious from the video tape that the defendant was severely impaired by something. The defense provided the defendant's medical records to the State which showed that he was admitted to the hospital less than two days after the DUI arrest with a bacteria/viral brain infection. We were successful in pointing out to the State that it was the brain issue, and not the marijuana, that caused the defendant's impairment. That infection had been lingering for days prior to the arrest. The DUI and the Leaving the scene of the accident charges were all Dismissed.
The DUI was dismissed.
Jun 30, 2022 Case: 22-CT-017211 Judge Garagozlo

The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. He fumbled for his wallet, had a fixed gaze, and admitting to having drank one beer. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.

The defendant was followed for a very long time on tape before the officer stopped him. So, our point to the State was how bad could his driving pattern have been if the cop waited that long to make the stop. Also, the defendant’s speech was not slurred on tape. After discussions with the State about the evidence, the State Dropped the DUI.

The State dropped the DUI.
Jun 28, 2022 Case: 22-CT-001680 Judge Farr
The defendant was stopped for speeding and weaving back and forth. The officer noticed an odor of alcohol, watery eyes, droopy eyelids, slurred speech, and an unsteady/drunk-like appearance. He then performed various roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI and later refused the breath test.

The video tape contradicted many observations that the officer wrote about. For example, the defendant was not unsteady and his speech sounded normal.

The State dropped the DUI.
Jun 28, 2022 Case: 22-CT-000403 Judge Farr
The defendant was stopped for drifting lane to lane and drifting into the bicycle lane. The officer noticed glassy/bloodshot eyes, an odor of alcohol and he had a glazed/dazed look. He performed poorly on roadside tests and was arrested for DUI. Believing that he was impaired by drugs and not alcohol, he was asked to provide a urine test. It later revealed positive results for a CNS stimulant and a CNS depressant.

The State could not prove that he was under the influence of the specific drugs that day because the drugs that he tested positive for can be in one's system for multiple days.

The State dropped the DUI.
Jun 16, 2022 Case: AEBMRUE Judge Mckyton
The defendant was stopped after he was observed crossing over a solid yellow line and also passed another car in a no passing lane. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The officer saw a can of alcohol in the car and the defendant had a sway to his stance. The defendant then performed roadside tests and was arrested for DUI. He later refused the breath test.
After several negotiations with the State about the facts of the case, they Dropped the DUI.
The State dropped the DUI.
Jun 16, 2022 Case: ADW4UOE Judge Croff

The defendant was stopped for failing to stop at a red light. The officer observed an odor of alcohol, watery/glassy eyes, and slurred speech. He had a blank stare, a dazed look, and swayed while he stood. He then performed various roadside tests and was arrested for DUI. He later blew a .120 and .117 in the breath machine.

The defendant's video tape contradicted many observations that the officer wrote about. For example, the defendant's speech was not slurred and he was not swaying. This called into question the officer's credibility.
The State dropped the DUI.
Jun 15, 2022 Case: AEBMJVE Judge Komninos
The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol and bloodshot/watery eyes. He was then asked to perform various roadside tests such as the walk and turn, one leg stand, and HGN (Eye test). He was subsequently arrested for DUI and later refused the breath test.
Due to a lack of impairment, there was no reasonable suspicion of a crime to even request roadside tests.

The State dropped the DUI.

Jun 15, 2022 Case: AELCHTE Judge Komninos

The defendant was stopped for weaving. The officer alleged that he was drifting in and out of his lane and that he also drove over a concrete median. The officer noticed an odor of alcohol, watery eyes, and he had to ask the defendant to roll his windows down several times. The defendant admitted to having consumed 4 whiskey sours. After performing field sobriety tests, he was arrested for DUI. He later blew a.126 and .125 in the breath machine.

Due to a lack of specificity as to the alleged driving pattern, such as time and distance, the lawfulness of the traffic stop was called into question.
The State dropped the DUI.
Jun 15, 2022 Case: AELCWQE Judge Komninos
The defendant was stopped for driving without headlights at night, speeding, weaving, and failing to obey a traffic control device. The officer noticed an odor of alcohol, slurred speech, and she appeared confused. She was very off balance and almost fell. She performed poorly on roadside tests and was arrested for DUI. She later blew .151 and .150 in the breath machine.
After several negotiations with the State about the case and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 15, 2022 Case: Komninos Judge AEBMOME
The defendant was stopped for not having his tag fastened on his car. The defendant had an odor of alcohol and admitted to having drank at least 3 beers. The officer also observed bloodshot eyes, slurred speech and he swayed while he stood. He then performed various roadside tests. He was then arrested for DUI and later refused the breath test.

May observations in the police reports were contradicted by the video tape.

The State dropped the DUI.
Jun 15, 2022 Case: AEBMPIE Judge Komninos

The defendant was stopped for speeding and cutting off an officer. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed. After refusing to perform various roadside tests, he was arrested for DUI. He later refused the breath test.

On video, the defendant was trying to ask the officer questions about the DUI investigation. The officers can be seen and heard on tape telling him to shut up, shut his mouth, and stop with the monkey shit. This rudeness was pointed out to the State. The State then Dropped the DUI.
The State dropped the DUI.
Jun 15, 2022 Case: AEX8UDE Judge Komninos

The defendant was stopped for swerving and weaving. The defendant also did not stop immediately even though there were places to pull over. The officer noticed an odor of alcohol, red/watery eyes, and slurred speech. She also appeared disoriented, confused, and unbalanced. After refusing field sobriety tests, she was arrested for DUI. She later refused the breath test.

After several conversations with the State about the lack of evidence, such as no roadside tests and/or a breath test, the State Agreed to Drop the DUI.

The State dropped the DUI.
Jun 14, 2022 Case: 21-CT-014423 Judge Galen
The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. The defendant stated that he was at a local bar and had 3 shots. When asked on a scale from 0-10 how he felt, he stated a "4". After performing various roadside tests he was arrested for DUI. He later blew a .130 and .127 in the breath machine.

After several conversations with the prosecutor regarding the case, the State Dropped the DUI.

The State dropped the DUI.
Jun 10, 2022 Case: 21-CF-015800 Judge Goudie
The defendant was stopped for weaving and almost hitting a police car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. He also appeared lethargic, his movements were slow, and he had a blank/dazed look. After refusing to perform roadside tests, he was arrested for DUI. This was his Second DUI. He was also charged with driving on a suspended license, second refusal, and possession of a controlled substance. He later refused to provide a breath sample.

The firm showed proof that the drugs found were prescribed. The felony possession charge was Dismissed. After several negotiations with the State, they also Dropped the defendant's Second DUI and he received no further sanctions on DWLS and the refusal. In fact, the DWLS was amended to a No valid DL.

The State dropped the DUI.
Jun 9, 2022 Case: 22-CT-013251 Judge T. Brown
The defendant crashed her car into a ditch and got stuck on rocks. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant gave confusing answers while speaking to police. She appeared very clumsy and exhibited mood swings. She started to perform the HGN (eye test), but did not finish it and refused to perform any further field sobriety tests. She was arrested for DUI and later refused the breath test.

Under Florida law, a breath test can only be requested after the DUI arrest. Here, the officer asked the defendant for a breath test prior to arresting her. Thus, her refusal would have been excluded from evidence.

The State dropped the DUI.
Jun 9, 2022 Case: 22-CT-045327 Judge Jacobus
The defendant was the at fault driver in a rear end crash. Officers did not smell an odor of alcohol, however, they noticed him to be swaying, have watery/red eyes, and his movements were slow. The defendant stated he had just taken Xanax. Believing he was impaired by drugs, he then performed field sobriety tests. He performed the HGN (eye test) and the walk and turn. He was then arrested for DUI and later refused to provide a urine test.

On video, the officer did not read the defendant his Miranda rights. Thus, the defendant's statement about taking Xanax would have been excluded from evidence as a violation of the accident report privilege. Also, when the officer read the defendant implied consent prior to requesting urine, he explained the wrong penalties for refusing. Thus, the refusal would have been excluded as well. With the Xanax statement out and the refusal out, the State dropped the DUI to a civil careless driving.

The State dropped the DUI.
Jun 9, 2022 Case: 22-CT-000989 Judge Taylor
The defendant was stopped for weaving and interfering with traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also appeared very unsteady on her feet. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test.
Many written observations were contradicted by the video tape.
The State dropped the DUI.
Jun 9, 2022 Case: 22-CT-000676 Judge Taylor
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and water/glassy eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .20 and .19 in the breath machine.
After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 8, 2022 Case: 22-CT-000068 Judge Farr
The defendant was stopped for speeding and driving with no lights. The officer noticed an odor of alcohol, glassy eyes, and he appeared lethargic. After performing various roadside tests, he was arrested for DUI. He later blew a .099 and .102 in the breath machine.
Under the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath results under the legal limit.
The State dropped the DUI.
Jun 8, 2022 Case: 21-CM-011119 Judge Farr

The defendant was involved in a crash. Officers noticed an odor of alcohol, water/bloodshot eyes, and slurred speech. She also was unsteady and had dilated pupils. She only performed HGN (eye test) then refused to perform any others. While being arrested, she attempted to avoid being handcuffed and was also charged with resisting an officer without violence. She later refused the breath test.

The firm pointed out that the defendant was not the at fault driver in the crash. In addition, on tape her speech was not slurred and she was not unsteady.
The State Dropped the DUI and the Resisting charge was Dismissed.
Jun 8, 2022 Case: 22-CT-000813 Judge Dekleva
The defendant was the at fault driver in a rear end crash. The defendant had been transported to the hospital prior to the officer arriving on scene. The officer made contact with the defendant at the hospital and noticed an odor of alcohol, red/glossy eyes, and slurred speech. The defendant stated that he was driving fast and couldn't stop in time. The officer then attempted to have the defendant perform roadside tests in the hospital parking lot. He refused after a lengthy conversation back and forth. He was then arrested for DUI and later blew a .100 and .102 in the breath machine.
The firm convinced the State that breath test was unreliable due to it being administered over five hours later. There was no way to scientifically show if the defendant was absorbing or eliminating alcohol. Also, we put forth that it is ridiculous that an officer would try to administer roadside tests after someone was just released from the hospital after a crash.
The State dropped the DUI.
Jun 6, 2022 Case: 21-CT-504371 Judge Hayward
The defendant was the at fault driver in a sideswipe crash. He swerved into another lane and hit the other driver’s side fender. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and he lost his balance. He then refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
When a defendant refuses to perform roadside tests, the officer must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences.
The State dropped the DUI.
Jun 6, 2022 Case: 22-CT-500398 Judge Paluck
The defendant was found passed out in his car with the driver's door open in a 7-11 parking lot. A witness called police that the defendant was urinating on the side of the building. It took a while for police to wake him up after numerous nudgings and verbal commands. The keys were in his front pocket and he had stated he had drank 4 or 5 drinks at a bar. Officers observed an odor of alcohol, slurred speech, and glossy eyes. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. He later blew a .158 and .152 in the breath machine.

The defendant was not in actual physical control as he had no "capability" to operate the car while he was sleeping, none the less with the driver's door open.

The State dropped the DUI.
Jun 2, 2022 Case: 20-CT-503366 Judge Hayward
The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. He admitted to drinking alcohol and his appearance was sluggish. He then performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The video contradicted almost every observation written in the police reports. His speech was not slurred or mumbled, and he did not appear sluggish on tape. His field sobriety test performance was much better on tape than as described by the exaggerated reports.
The State dropped the DUI.
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