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. May 14, 2018 Case: 2017-CT-504418 Judge Hayward Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred speech. His face was flushed and he appeared to speak incoherently. There was also damage to both his side passenger tires as if he had just hit something. He refused to perform roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. Defense: A breath test can only be offered after one is arrested for DUI. In this case, the officer asked the defendant for a breath test prior to placing him under arrest. Thus, his refusal to take a breath test was inadmissible under law. This was brought to the State's attention. They agreed and Dropped the DUI. Result: The State dropped the DUI. May 10, 2018 Case: A6MLM4E Judge Riba Facts: The defendant was stopped for stopping past the stop bar, fishtailing and driving at a high rate of speed. The officer noticed an odor of alcohol, slurred speech, and watery/glassy eyes. He swayed while he stood and his dexterity was unsure. The defendant admitted to having drank two beers. He performed poorly on the field sobriety tests according to the officer and was arrested for DUI. After his arrest, he blew a .099 and a .101 in the breath machine. Defense: Parks & Braxton provided documentation to the prosecutor showing that the defendant's both breath test results were under the .08 legal limit at the time of driving as required by Florida law. This is called retrograde extrapolation. We also pointed out that due to the .02 margin of error in the machine, the .099 could have also been as low as a .079 (under the legal limit). Result: The State dropped the DUI. May 8, 2018 Case: 2017-CT-041683 Judge T. Brown Facts: The defendant was stopped after being observed driving on a sidewalk area. Upon contact, the defendant had an odor of alcohol, glassy eyes, slurred speech, she stated she had drank 3 glasses of wine, and that she was lost. She exited the vehicle slowly and used the door for assistance. She walked slow and swayed while she stood. The defendant refused to perform any field sobriety tests and was then arrested for DUI. She later refused the breath test. Defense: Prior to trial, the defense attempted to obtain the in-car video camera of the incident. It was learned that there was an alleged problem with the upload of the video and it could not be retrieved. The defendant had stated that if that video had been retrieved, it would contradict all of the officer's observations and allegations in the police reports. Due to that evidence being exculpatory (meaning favorable to the defendant), the firm contacted the State about the destruction of that critical piece of evidence. Prior to filing any motion to dismiss for destruction of evidence, the State Dropped the DUI. Result: The State dropped the DUI. May 4, 2018 Case: 2017-CT-050521 Judge Ingram Facts: The defendant was found by a security guard sleeping in her car in a 7-11 parking lot. The security guard woke her up and told her she could not sleep there. She then started her car and drove off. The security guard had noticed an odor of alcohol and called police. When police arrived, they conducted a traffic stop. Police observed an odor of alcohol, confused/mumbled speech, and she stumbled. She also swayed and used her car for balance. She performed very poorly on the field sobriety tests. For example, on the walk and turn, she stepped off the line, used her arms for balance, and did not touch heel to toe. She was then arrested for DUI. She later refused the breath test. This was the defendant's Second DUI and Second for subsequent refusal to provide a breath test. Defense: Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no reasonable suspicion of a crime for the police to conduct the traffic stop. At the motion, the firm argued that a "mere odor of alcohol" was not enough to evidence to rise to the level of reasonable suspicion. After reviewing the case law, hearing testimony, and hearing argument of counsel, the Judge Granted the motion and threw out all of the evidence. The State then Dismissed all charges. Result: The DUI was dismissed. May 4, 2018 Case: 2017-CT-020744 Judge Bryson Facts: The defendant was stopped after a unknown civilian called the police saying that the defendant was driving on a rim with sparks flying in the air. Police spotted the defendant and conducted a traffic stop. Once stopped, officer observed the defendant to have an odor of alcohol, slurred/mumbled speech, and lethargic movements. He swayed, appeared unsteady, and had a flushed face. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .194 and .184 in the breath machine. Defense: When an anonymous person provides information, the tip must be corroborated by the stopping officer. In this case, while the defendant was driving on a rim, the evidence was clear that there were no sparks. Absent the sparks, the state could not prove that the defendant was stopped lawfully. Result: The State dropped the DUI. May 2, 2018 Case: 2017-CT-2268 Judge Crown Facts: Police were called after the defendant was kicked out of a hotel for being drunk and staying past check out. When police found him, he was found passed out in his car with the engine on in the hotel parking lot. He had an odor of alcohol, a flushed face, vomit on his shirt, and he was unsteady. A bottle of Vodka was found in the defendant's car. He refused to perform roadside tasks and was arrested for DUI. He later refused the breath test. Defense: When the defendant was kicked out the hotel, he had nowhere else to go. If he stayed on the property, he would have been arrested for trespassing. If he walked down the road and left his car, he could have been arrested for public intoxication and had his car towed. He did the smartest and safest thing to do, not drive and sleep in his car. Legally, the State couldn't prove he ever drove, nor that he was he in "actual physical control" as he had "no capability" of operating the car since he was sleeping. Also, the officer did not advise the defendant of any adverse consequences for his refusal to perform the field sobriety tests. Result: The State dropped the DUI. Apr 27, 2018 Case: 2017-CT-022970 Judge Harper Facts: The defendant was rear ended by another vehicle. When the officers arrived, they noticed the defendant to have an odor of alcohol, he appeared confused, and had slurred speech. His eyes were glossy and he admitted to drinking beers. He performed very poorly on the roadside tests and was arrested for DUI. He later blew a .194 and .189 in the breath machine. Defense: Here, the defendant was the one who got rear ended. He called the police to do the right thing yet he got arrested. After discussions with the prosecutor, they agreed to Drop the DUI. Result: The State dropped the DUI. Apr 27, 2018 Case: 2017-CT-022073 Judge Harper Facts: The defendant was stopped for failing to maintain a single lane and almost hitting a median. The officer observed an odor of alcohol, mumbled speech, and red/glassy eyes. The defendant exhibited balance issues and admitted to drinking that night. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew .177 and .158 in the breath machine. Defense: The firm called into question the lawfulness of the traffic stop. We pointed out that there are no specifics of how the defendant failed to maintain a single lane. For example, lack of specificity about the distance of swerving, how many times, and time frame. Due to the stop being potentially unlawful and the State losing all the evidence, the State dropped the DUI. Result: The State dropped the DUI. Apr 25, 2018 Case: 2017-CT-001008 Judge S. Jewett Facts: The defendant was found passed out in his truck in a gas station parking lot. A 911 caller called the police stating the defendant was driving all over the road and gave the defendant's location of his truck at the parking lot. Upon contact, after awakening the defendant, the officer observed the defendant to have an odor of alcohol, blood shot eyes, and he looked like a deer in headlights. The defendant stated he was at a party and had drank vodka. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .164 and .160 in the breath machine. Defense: Parks & Braxton announced ready for trial. Prior to trial, the defendant provided documents to the firm that he had called for roadside maintenance to fix his tire at the gas station where he was found. A service tech was sent out to fix his tire. The defendant did not tip him which made him angry. Through the documents provided by the defendant, the firm was able to establish a timeline which positively showed that when the 911 call was made, the defendant was actually at the gas station sleeping, and was not driving. We were also able to establish, after some phone calls to the tire service company, that it was actually the service tech who called 911 on the defendant after not getting tipped. Thus, the 911 call tip was deemed unreliable and a lie. Without that call, the defendant would never have been found, nonetheless arrested. On the day of trial, the State Dropped the DUI and he received No criminal conviction at all on his record. Result: The State dropped the DUI. Apr 25, 2018 Case: A6MLCWE Judge Bedinghaus Facts: The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank two beers and he staggered as he walked. He then performed the field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. Defense: During pretrial negotiations, the firm pointed out to the State that DUI video tape contradicted the officer's reports. For example, on tape his speech was not slurred and he never staggered. Also, when the defendant disputed the reason for the traffic stop, the arresting officer told him that the stopping officer had a camera. That was not true. Thus, his credibility was now called into question. Result: The State dropped the DUI. Apr 24, 2018 Case: 2017-CT-008550NC Judge Galen Facts: The defendant was found passed out in his car at a red light. Upon awakening the defendant, the officer noticed him to have an odor of alcohol, slurred speech, and watery eyes. He appeared very unsteady and was stumbling. The defendant stated that he had drank beer at a bar. After performing poorly on the roadside tests, he was arrested for DUI and subsequently refused the breath test. Defense: After numerous pretrial talks over an extended period of time, the State Dropped the DUI. Result: After numerous pretrial talks over an extended period of time, the State Dropped the DUI. Apr 24, 2018 Case: 17-013341MU10A Judge Brown Facts: The defendant was stopped for speeding, swerving, and almost sideswiping another car. The officer observed the defendant to have an odor of alcohol, a blank stare, bloodshot eyes. He also admitted to having drank 2 to 3 beers. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. Defense: A review of the video tape by the firm revealed that it contradicted many observations that were written in the police reports regarding the field sobriety tests. The firm announced ready for trial and on the day of trial the State dropped the DUI. Result: The State dropped the DUI. Apr 24, 2018 Case: 16-031116MU10A Judge Brown Facts: The defendant was the at fault driver in a T-Bone crash at an intersection. Officers observed the defendant to have an odor of alcohol, red eyes, and a sway to his stance. The defendant stated he had drank beer and beers were also found in his car. He refused to perform the roadside tasks and was arrested for DUI. Defense: Prior to trial, the firm took pretrial sworn depositions of the three officers involved in the case. Upon questioning by the firm, each officer contradicted each other's testimony and their respective reports. The depositions were shown to the State and each officer's credibility was severely damaged. On the day of trial the State Dropped the DUI. Result: The State dropped the DUI. Apr 13, 2018 Case: 2017-CT-001057 Judge Bryant Facts: An officer who was on routine patrol saw a white pickup truck stopped on the west side of the road. The officer pulled up behind the truck to check on the welfare of the driver. The driver then pulled off with his tires half on the grass and half on the road. The officer initiated a traffic stop. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he stumbled upon exiting the truck. The defendant could not stand up without leaning on the truck for balance. He was asked to perform roadside tasks, however, he refused. He was then arrested for DUI. This was the defendant's Second DUI. Defense: In order to conduct a traffic stop for welfare check, also known as the community caretaker exception, there must a reason to ensure the safety and welfare of the citizens at large. Here, none existed, so the defense provided case law to the State to show that the traffic stop was unlawful. The State agreed and Dropped the defendant's Second DUI. Result: The State dropped the DUI. Apr 11, 2018 Case: 2018-CT-002878 Judge Valkenburg Facts: The defendant ran a red light and ended up stuck in a ditch. Upon arrival, officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly the field sobriety tests and was arrested for DUI. He later refused the breath test. Defense: The defendant told the officer prior to roadside tests that he had a traumatic brain injury. Yet the officer still administered the physical field sobriety tests. We pointed out to the State than any impairment could have easily been attributed to a prior head and brain injury versus alcohol. Result: The State dropped the DUI. Apr 11, 2018 Case: 2018-CT-000626AXXXMA Judge Drake Facts: The defendant was involved in a crash whereby she hit a mail box. The defendant appeared unsteady, lethargic, disoriented, and confused. Believing she was impaired by a chemical or controlled substance, the defendant was asked to perform field sobriety exercises. According to the officer, she failed and was arrested for DUI. Defense: The defense prevented the State from filing a DUI charge as they could not prove specifically by what chemical and/or controlled substance allegedly impaired the defendant as required by Florida law. After the DUI was dismissed, the State then took it one step further and filed it as a reckless driving. After pointing out all the facts that it was no reckless driving (ie. driving in a willful and wanton manner), the State dismissed that charge too. Result: The DUI was dismissed. Apr 10, 2018 Case: 2017-CM-002296 Judge Valkenburg Facts: The defendant was stopped for driving down a one way street. The officer smelled an odor of alcohol, a strong odor of marijuana, noticed watery/bloodshot eyes, and also observed slurred speech. She also exhibited a sleepy appearance and admitted to having drank alcohol and smoked marijuana. After performing field sobriety exercises, the defendant was arrested for DUI. She subsequently refused the breath and urine tests. In a search incident to arrest, marijuana as found in the car and she was also charged with possession. Defense: The officer's police reports were contradicted by the video tape as it related to the defendant's performance on the roadside tests. The State Dropped the DUI and the defendant received No conviction on the possession charge. Result: The State dropped the DUI. Apr 10, 2018 Case: 14-040150MU10A Judge Lerner-Wren Facts: An officer received a call regarding a crash. The officer located the alleged victim who subsequently pointed at the defendant's car. The officer proceeded to pull over the defendant. He observed a strong odor of alcohol, slurred speech, bloodshot eyes and a flushed face. The defendant told the officer that she had been drinking lite beer and was on her way home. The defendant performed poorly on the walk and turn, one leg stand and finger to nose tests, and was arrested for DUI. This was her second offense for DUI. Defense: Parks & Braxton filed a motion to suppress based on an unlawful stop. Specifically, the firm argued that there was no damage to either vehicle and therefore the officer was not legally entitled to pull the defendant over. The officer testified that he later observed no damage but was unaware at the time of the stop. The Judge granted the motion based on the fact that the officer failed to observe any damage prior to activating his lights and pulling over the defendant. All of the evidence was excluded. Result: The State dropped the DUI. Apr 5, 2018 Case: 2017-CT-002237 Judge Vandercar Facts: The defendant was stopped after swerving in and out of his lanes of travel. The officer observed slightly slurred speech, poor coordination, and a noticeable odor of alcohol. The defendant was unsteady on his feet and swayed while walking. He was then asked to perform field sobriety tests. He performed poorly and was then arrested for DUI. This was the defendant's Second DUI. Defense: Upon cross examination under oath at the civil administrative hearing, the officer testified that he did not smell an odor of alcohol and concluded that the defendant was impaired by something, but could not state by what chemical or controlled substance as required by Florida law. The officer's credibility was now called into serious question because of his conflicting statements under oath about an odor of alcohol in his police report versus his administrative hearing testimony. The State Dropped the DUI and the defendant received No conviction at all on his record. Result: The State dropped the DUI. Apr 4, 2018 Case: 2017-CT-019663 Judge Myers Facts: The defendant was stopped for driving at slow speeds and stopping inappropriately. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant leaned on the car for balance and gave inconsistent answers. He then refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. Defense: The firm announced ready for trial. During pretrial negotiations, the defense pointed out that on tape the defendant's speech was not slurred, he answered the officer's questions, and he was not leaning against the car for balance. The State Dropped the DUI. Result: The State dropped the DUI. Mar 28, 2018 Case: 2016-CF-009638 Judge Colbath (JURY TRIAL) Facts: The defendant was stopped after he ran a red light and was weaving in and out of his lane of travel. He did not pull over immediately and drove on the grass before stopping. Officers noticed the defendant to have blood shot eyes, an odor of alcohol, and heavily slurred and mumbled speech. The defendant had difficulty completing sentences and complete thoughts. Once out of the car, he swayed while he stood, he admitted to drinking, and the officers also noticed four beer cans in the car. The defendant then performed the field sobriety tests on video tape. He was subsequently arrested for DUI. He later refused the breath test. This was the defendant's Third DUI within ten years and the State charged him with Felony DUI. Defense: Parks & Braxton, along with co-counsel, announced ready for Jury trial. At jury trial, the firm attacked the two officers' credibility as much of the their testimony contradicted the video tape and each other. Also, the defendant testified that he was not impaired, that the officers were exaggerating his level of impairment, and lying about the extent of his weaving. We also argued that the officers were lying about the beer cans in the car as nothing was placed into evidence and no pictures were taken of them. The Jury found the defendant Not Guilty. It should be noted, the firm represented this same defendant on his last DUI a few years back and that DUI was Dismissed. Otherwise, this would have been his Fourth DUI, not his Third. Result: The Jury found the defendant NOT GUILTY. Mar 28, 2018 Case: 16-011717CF10A Judge Merrigan Facts: The defendant was involved in a crash with a pedestrian, causing serious bodily injury. He subsequently left the scene. Two individuals who witnessed the crash attempted to stop the defendant from leaving the scene. He was eventually located a few miles away from the accident. The officers observed a strong odor of alcohol, slurred speech, a flushed face as well as bloodshot eyes. The defendant subsequently performed poorly on the walk and turn as well as the one leg stand tests and was arrested for DUI Serious Bodily Injury, Leaving the Scene of a Crash Causing Serious Bodily Injury, DUI Causing Property Damage and DUI. His blood alcohol level was a .115. The defendant was facing 22 years in state prison. Defense: Parks & Braxton took the deposition of all 15 witnesses. Despite the lack of photographs, an independent investigation in conjunction with the officers testimony in deposition revealed skid marks. Ultimately, the defense was able to prove that the defendant was not the cause or contributing factor of the accident. As a result, the State dismissed both the felony DUI serious bodily injury count as well as the DUI causing property damage count. The defendant went to veteran's court on the felony leaving the scene of a crash causing serious bodily injury which will result in a dismissal and will ultimately do probation for a second degree misdemeanor. Result: The DUI was dismissed. Mar 28, 2018 Case: 17-011425MU10A Judge Solomon Facts: The defendant was observed asleep in a vehicle that was occupying the middle of the road. When the police approached the car, they noticed a white powdery substance on the defendant's nose. In addition, the officers observed an odor of alcohol as well as bloodshot eyes. The defendant admitted to drinking four beers. The defendant agreed to perform field sobriety tests and was subsequently arrested for DUI. Defense: Despite the fact that the defendant had consumed both cocaine as well as alcohol, it was still incumbent on the part of the prosecutor to prove that his normal faculties were impaired. The video contradicted a fair amount of the officer's sworn affidavit. Result: The State dropped the DUI. Mar 20, 2018 Case: A6MLJKE Judge Bedinghaus Facts: The defendant was stopped for weaving, speeding up and slowing down, and stopping over the stop bar. The officer noticed the defendant to have an odor of alcohol, a flushed face, and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI after her performance and later refused the breath test. Defense: Prior to trial, we pointed out out to the State, that it was clear on video tape that the defendant was the proverbial "guinea pig" so a new officer in training can learn how to do a DUI. The State Dropped the DUI. Result: The State dropped the DUI. Mar 20, 2018 Case: A6MM6YE Judge Bedinghaus Facts: The defendant was stopped for speeding. Upon contact, the officer observed an odor of alcohol and glassy/glazed eyes. The defendant swayed as he stood and he admitted to consuming three beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .105 and .102 in the breath machine. Defense: On video, the defendant's performance on the field sobriety tests contradicted the officer's description in the police reports. Prior to trial, and after negotiations, the State Dropped the DUI. Result: The State dropped the DUI. Mar 20, 2018 Case: A6MM7OE Judge Bedinghaus Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed the defendant to have an odor of alcohol and blood shot eyes. The defendant refused to perform the roadside tests and was arrested for DUI. He later refused the breath test. Defense: An officer must have probable cause to believe that a defendant was "impaired" in order to arrest a defendant for DUI. Under the case law, and under the facts of this case, we pointed out to the State in pretrial talks that there was no probable cause. Result: The State dropped the DUI. Mar 15, 2018 Case: 2016-CT-002094 Judge Shoemaker Facts: The defendant was the at fault drive in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, an orbital sway, and she admitted to having drank wine. Due to injuries sustained by the defendant in the crash, she only performed the HGN (eye test). She was then transported to the hospital. The defendant provided an blood sample to the police. A blood alcohol toxicology report revealed results of .120 and .120. Once the blood was analyzed and the officer received the FDLE results, the defendant was subsequently charged by the State with DUI. Defense: Parks & Braxton pointed out to the State that the blood was illegally drawn by the officer. First, the officer who requested blood was outside his jurisdiction. Thus he had no authority to even order a blood draw. Additionally, the officer unlawfully coerced her into consenting to provided a blood sample by telling her that her driver's license will be suspended. Finally, the officer used the wrong documents required by FDLE when conducting a blood draw. Result: The DUI was dismissed. Mar 9, 2018 Case: 2017-MM-022576AXXXXX Judge Silverman Facts: The defendant rear ended another car in the drive thru lane of a McDonalds. The defendant was observed by the police to have a strong odor of alcohol, slow speech, and glassy eyes. The person he crashed into stated to the police that the defendant had stumbled out the car. The defendant then performed the field sobriety tests on video tape. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. A search incident to arrest revealed marijuana in the defendant's car for which he was later charged with possession. He subsequently refused the breath test. Defense: Prior to trial, the defendant filed a motion to sever the DUI charge from the Possession charge. During discussions prior the motion, the firm pointed out to the State that the officer's reports exaggerated the defendant's alleged impairment on his performance on the field sobriety tests versus what was depicted on tape. The State Dropped the DUI and the defendant received No conviction on the possession charge. Result: The State dropped the DUI. Mar 9, 2018 Case: 2018-CT-000545 Judge Shepherd Facts: The defendant was spotted by the police late at night, behind closed businesses. The officer turned on his overhead lights and stopped the defendant to find out what was going on and why he was back there. Upon contact, the officer observed the defendant to have an odor of alcohol and slurred speech. A bottle of wine was found in the car. When the defendant stepped out of the car, he was very off balance and stumbling. The defendant performed very poorly on the roadside tasks and was arrested for DUI. He subsequently refused the breath test. Defense: Parks & Braxton brought to the State's attention the case law on illegal traffic stops when someone is simply behind a closed business late at night. In order to stop someone, there must either be probable cause that the defendant committed a traffic infraction and/or there must reasonable suspicion of crime. Here there was neither. Thus, the traffic stop was unlawful. The DUI was Dismissed. Result: The DUI was dismissed. Mar 2, 2018 Case: 2017-CT-020801 Judge Hanser Facts: The defendant was stopped for failing to stop behind the stop bar line. The officer observed the defendant to have a strong odor of alcohol, slurred speech, and he was unsteady exiting the car. The defendant stated he had drank wine earlier. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .153 and .140 in the breath machine. Defense: After numerous pretrial discussions, the State Dropped the DUI. We pointed out to the State that in the area that the defendant allegedly went over the stop bar, he did so out of "necessity," as one cannot see oncoming traffic without having to cross over it. Result: The State dropped the DUI. Mar 2, 2018 Case: 2017-CT-017882 Judge Cunningham Facts: The defendant was stopped for allegedly having one operable brake light. The officer noticed the defendant to have an odor of alcohol, slurred speech, and he stated he had drank two IPA beers. The defendant performed very poorly on the roadside tasks. For example, on the one leg stand, he put his foot down numerous times, swayed, and used his arms for balance. He also mixed up letters during the alphabet. He was arrested for DUI and later blew a .163 and .154 in the breath machine. Defense: Pretrial, the firm pointed out to the State that there was no probable cause to lawfully stop the defendant as his brake light was working and the reason the officer provided did not meet the requirements of the inoperable brake light statute. Result: The State dropped the DUI. Mar 2, 2018 Case: 2017-CT-017999 Judge Hanser Facts: The defendant was found passed out behind the wheel of his car. Upon awakening the defendant, the officer noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The defendant was then asked to perform field sobriety tests. For example, on the alphabet test, the defendant messed up numerous letters. On the walk and turn, he stepped off the line and did not touch heel to toe. He was then arrested for DUI and subsequently blew a .110 and .103 in the breath machine. Defense: After pretrial talks, the State Dropped the DUI. Result: The State dropped the DUI. Feb 26, 2018 Case: 2017-CT-001931 Judge Duckworth Facts: The defendant was hit head on by another driver who fled the scene. When the ambulance arrived, they noticed the defendant to have an odor of alcohol. Police were called. Upon contact with the defendant, the police noticed the defendant to have an odor of alcohol, slurred speech, and she was unsteady. Due to injuries sustained in the accident, the defendant was transported to the hospital. There, a blood draw was requested and the defendant complied. The FDLE lab report later revealed a blood alcohol level of .240 and .240. The defendant was subsequently charged with DUI. Defense: In order to get the blood results into evidence, a proper FDLE implied consent predicate must be laid in court. Prior to trial, the firm pointed out numerous mistakes made by the officer in his DUI blood paperwork packet used in this case. After review, the State agreed that the blood would not be admitted into evidence. Without the blood result, any impairment observed could have been as easily been attributed to the airbags hitting the defendant versus alcohol. The DUI was Dismissed Result: The DUI was dismissed. Feb 22, 2018 Case: 17-011498MU10A Judge Levy Facts: The defendant was stopped for weaving all over the road. Other cars had to avoid her in order to avoid a collision. She also struck the curb numerous times. Once stopped, the officer observed the defendant to appear confused and have dilated pupils. She had a flushed face, glassy eyes, and she was unsteady. Believing she was impaired, the officer requested the defendant to perform roadside tasks. She performed very poorly and was arrested for DUI. The defendant subsequently refused the breath and urine tests. Defense: Parks & Braxton filed a pretrial motion to exclude the defendant's refusal to provide a breath sample. The basis of our motion was that there was no probable cause to request a breath test since there was no odor of alcohol nor any indication of consumption of alcohol on the day in question. The Judge granted that motion. The firm then filed a motion for statement of particulars in an attempt to pin the state down as to what specific chemical and/or controlled substance was allegedly impairing the defendant as required by Florida Statutes. They were unable to do so at the motion hearing and then were forced to Dismiss the DUI. Result: The DUI was dismissed. Feb 15, 2018 Case: A6MLF3E Judge Riba Facts: The defendant was stopped after illegally driving through a construction zone that had barriers around it. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. She also appeared to be swaying and was unsteady. After performing the roadside tests, she was arrested for DUI. The defendant subsequently refused the breath test. Defense: The video contradicted the officer's reports as they related to her alleged swaying, unsteadiness, and also her performance on the field sobriety exercises. The Sate Dropped the DUI short of trial. Result: The State dropped the DUI. Feb 14, 2018 Case: 15-23979MU10A Judge Levy-Cohen Facts: The defendant was stopped for failing to obey a traffic signal device. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he staggered as he walked. While talking to the officer, he swayed consistently and stated he had consumed a couple of drinks. He was then asked to perform field sobriety tests to which he refused. He was then arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI. Defense: Parks & Braxton filed a pretrial motion to exclude the defendant's refusal to perform field sobriety tests. The basis of our motion was that the officer never advised the defendant of any adverse consequences for refusing. The Judge granted the motion. The State then took an appeal. On appeal, the firm, in our reply brief, cited all the applicable case law to defend the judge's initial correct legal ruling. In its appellate ruling, the circuit court ruled in our favor and this has now become one of the lead opinions on this issue. The State then Dismissed the defendant's Second DUI. Result: The DUI was dismissed. Feb 8, 2018 Case: 2017-CT-015794 Judge Farr Facts: The defendant was approached by police after he backed into another vehicle. The defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant swayed while standing and admitted to having drank three beers. After performing field sobriety tests, he was arrested for DUI and subsequently refused the breath test. Defense: Parks & Braxton announced ready for trial. A few days before trial after pretrial talks, the State Dropped the DUI. Result: The State dropped the DUI. Feb 8, 2018 Case: 2017-CT-011653 Judge Weis Facts: The defendant as the at fault driver in a rear end crash. Officers did not observe an odor of alcohol, but noticed very slurred speech, watery/glassy eyes, and he was very unsteady. He then performed the walk and turn exercise whereby he stepped off the line, took an incorrect number of steps, and did not touch heel to toe. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest, he provided a urine sample which later tested positive at the FDLE lab for marijuana and Xanax. He was charged with driving under the influence of a chemical and/or controlled substance. Defense: After negotiations, the State Dropped the DUI. Result: The State dropped the DUI. Feb 7, 2018 Case: 16-16380MU10A Judge Carpenter-Toye Facts: The officer observed the defendant failing to stop at a red light. The officer observed an odor of alcohol, glassy eyes, and slurred speech. In addition, he stated that the defendant swayed noticeably from side to side. The officer stated that the defendant performed poorly on all roadside tests. This was the defendant's Second DUI. Defense: In pretrial depositions, it was discovered that there was another officer on scene. The arresting officer testified that the other officer was on scene during the field sobriety tests and would be able to corroborate the poor performance on the roadside tests. The second officer testified that he did not arrive until the defendant was placed in cuffs. There was no video to confirm the arresting officers story. Result: The State dropped the DUI. Feb 6, 2018 Case: 2017-CT-012898 Judge Jeske Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and she had unstable balance. The defendant stated she had drank wine that night. After performing field sobriety tests, she was arrested for DUI. She later blew a. 10 and a .10 in the breath machine. Defense: The officer's reports contradicted what was on video tape. For example, she had no slurred speech and was not off balance. Also, her roadside tests were much better than what was detailed in the police reports. Result: The State dropped the DUI. Feb 6, 2018 Case: 2017-CT-005857 Judge Jeske Facts: The defendant was stopped for turning the wrong way down a one way street. The officer observed an odor of alcohol and bloodshot eyes. The defendant denied having had anything to drink. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. After his arrest, he blew a .115 and .113 in the breath machine. Defense: When the defendant approached the one way street, he had no choice but to turn because he could not go straight as required. During a pretrial investigation by the firm, it was determined there was a sign straight ahead at the intersection indicating that the interstate was blocked. Thus, the defendant had no choice but to turn down the one street out of "necessity." This was brought to the State's attention that the defendant may have been unlawfully stopped as he acted under "necessity." Result: The State dropped the DUI. Feb 6, 2018 Case: 16-009796MU10A Judge Evans Facts: The defendant was observed sleeping at a light with the keys in the ignition and the engine running. When the officer knocked on the window, the defendant proceeded to drive away at a high rate of speed. After conducting a traffic stop, the officer observed an odor of alcohol, bloodshot eyes, as well as the smell of burnt marijuana. On video, the defendant admitted to smoking marijuana. He performed field sobriety exercises and was arrested for DUI. Defense: There were clear inconsistencies between the video and the officer's reports. Result: The State dropped the DUI. Feb 5, 2018 Case: 2017-CT-042004 Judge Koenig Facts: The defendant was stopped for failing to maintain a single lane. He was very slow to stop, even in light of the fact that the officer not only had her police lights on, but sirens too. Upon contact, the officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and watery eyes. The defendant staggered and swayed. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .147 and .141 in the breath machine. Defense: After pretrial talks with the State, they Dropped the DUI. Result: The State dropped the DUI. Feb 5, 2018 Case: 2017-CT-035979 Judge Koenig Facts: The defendant was stopped for speeding and weaving in and out of traffic. The officer noticed the defendant to have an odor of alcohol, slurred speech, and she swayed while she stood. According to the officer, she failed all the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. Defense: Parks & Braxton brought numerous things to the State’s attention prior to trial. On tape, the officer was screaming at the defendant while approaching her car about drinking and driving prior to even having contact with her. Thus, he had already formed his conclusions that she was intoxicated before even conducting a DUI investigation. Also, the officer did not even demonstrate the walk and turn exercise prior to having the defendant perform it as mandated by the NHSTA manual on field sobriety tests. In addition, the officer had no clue how to position his in car camera as no one could even see the defendant's feet the majority of the time while she was performing the tests. Result: The State dropped the DUI. Feb 1, 2018 Case: 2017-CT-013396 Judge Jeske Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant also was wearing a wristband from a bar, stated he had drank some beers, and had a sway to his stance. According to the officer, he failed the videotaped roadside tests and was arrested for DUI. He subsequently refused the breath test. Defense: Parks & Braxton pointed out that officer had exaggerated the level of impairment on the field sobriety tests vs. his actual performance on videotape. The State then dropped the DUI. Result: The State dropped the DUI. Jan 29, 2018 Case: 17-CT-017698 Judge Lefler Facts: The defendant was found passed out in the driver's seat of his car in the county jail parking lot. He had driven there to sleep over night in order be on time to do his community service hours the next morning. The community service hours were from a previous DUI that placed him on probation. When officers found him and finally got him awake, they observed him to have an odor of alcohol, bloodshot/glassy eyes, and slurred speech. After exhibiting clues of impairment on the roadside tests, he was arrested for DUI. This was the defendant's Second DUI within a year. Defense: The firm pointed out that the defendant was not in actual physical control of the motor vehicle as he had no capability to operate the car while sleeping as required by Florida's jury instructions. The State Dropped this DUI and the defendant was also reinstated on his previous DUI probation. Result: The State dropped the DUI. Jan 26, 2018 Case: 2017-CT-010231 Judge Shepard for Bonavita Facts: The defendant was involved in a crash. He left the scene and was found by police. He had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had been drinking and also had serious facial injuries. He was transported the hospital where he was treated. At the hospital, the officer asked for a blood sample and the defendant refused. He was then arrested for DUI, Leaving the scene of an accident, and Second subsequent refusal to provide breath, blood, and/or urine. This was the defendant's Second DUI. in eight years. Defense: After a pretrial investigation by the firm, we brought to the State's attention that the defendant left the scene of the crash out of "necessity" because the victims in the accident had beaten him with a baseball bat. That was why his face was swollen and bloody. Those alleged victims were charged with beating him. The State Dropped the defendant's Second DUI and the defendant received No conviction and No penalties. Also, the State dismissed the leaving the scene of an accident charge and also dismissed the refusal charge. Result: The State dropped the DUI. Jan 26, 2018 Case: 2016-CT-047860 Judge Silverman Facts: The defendant was found passed out in his truck in the parking lot of the bar he had been drinking at that night. The keys were in the ignition, the engine was on, and he was slumped over. The defendant had an odor of alcohol, slurred speech, and poor dexterity. He was slow exiting his truck, slow walking around, and swayed while he stood. He performed very poorly on the field sobriety tests which were videotaped. After his arrest for DUI, he refused the breath test. Defense: Parks & Braxton announced ready for jury trial. The day before trial, we pointed out to the State that the defendant was not in actual physical control under the jury instruction as he had no capability to operate the truck while he was sleeping. In addition, and even as important, he was doing the right thing by sleeping it off in the parking lot. Result: The State dropped the DUI. Jan 26, 2018 Case: 2017-CT-004525 Judge Hanser Facts: The defendant crashed her car into a light pole. Upon arriving, the officers observed the defendant to have an odor of alcohol, red eyes, and slow/slurred speech. She stumbled around, began to get very aggressive, was screaming, and was very unstable. Roadside tests were not performed due to her combative behavior. She was then arrested for DUI property damage and later blew a .180 and .187 in the breath machine at the BAT facility. Defense: After pretrial discussions, the State Dropped the DUI. Result: The State dropped the DUI. Jan 26, 2018 Case: 2017-CT-024231 Judge Silverman Facts: The defendant was stopped for speeding. The Officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank a couple of beers and was observed to be swaying while he stood. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .104 and .101 in the breath machine. Defense: The firm pointed out to the State that there were many problems with the defendant's breath test results. For example, there was RFI (radio frequency interference) and also there was SNL (slope not level) issue. The defendant had blown into the machine numerous times causing the machine to print out a few breath cards. Thus, the both the accuracy of the machine and the defendant's breath samples were called into question. Result: The State dropped the DUI. Jan 25, 2018 Case: 2017-CF-011818 Judge Lubet Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was sweating profusely. The defendant stated had consumed a couple of drinks and was also observed to be swaying. He performed poorly on the field sobriety tests and was arrested for DUI. The officer also found cocaine on the defendant in a search incident to arrest and he was also charged with felony possession of cocaine. Later on at the BAT facility, he blew a .174 and .174 in the breath machine. Defense: After pretrial talks with the State, they Dropped the DUI and the defendant received No felony conviction on the possession of cocaine charge. Result: The State dropped the DUI. Jan 24, 2018 Case: A6MLDJE Judge Bedinghaus Facts: The defendant was first observed by a concerned citizen who saw the defendant stumbling around outside of a bar. That person saw the defendant drive off, he followed the defendant, and then called the police stating that the defendant was weaving all over the road. Upon stopping the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank beers and some rum. The defendant then performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .116 and .115 in the breath machine. Defense: Prior to trial, the firm had discussions with prosecutor and they Dropped the DUI. Result: The State dropped the DUI. Jan 17, 2018 Case: 2017-CT-016180 Judge Weis Facts: The defendant was involved in a rear end crash whereby he was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. He was asked to do field sobriety tests that he refused to perform. He was then arrested for DUI and later refused the breath test. Defense: After negotiations with the State, we pointed out that the defendant's air bags deployed. Any impairment observed by the officer was due to the accident, and not alcohol. The State Dropped the DUI. Result: The State dropped the DUI. Jan 16, 2018 Case: 2017-CT-014135 Judge Conrad Facts: The defendant was stopped for speeding and also spinning his tires which caused the car to fishtail. The officer noticed the defendant to have an odor of alcohol, watery/glassy eyes, and he made unusual statements. The defendant denied consuming any alcohol. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was then arrested for DUI and subsequently blew a .093 and .092 in the breath machine. Defense: Prior to trial, we pointed out to the State that with the .02 margin of error in the breath machine, both results could have been under the legal limit. Also, during the HGN (eyes test), the officer did not obtain an angle of onset prior to 45 degrees. Under Tharpe's formula, that could mean that the defendant had a breath alcohol level under the legal limit at the time of driving when the test was administered. Result: The State dropped the DUI. Jan 16, 2018 Case: A75Z3GE Judge Graham Facts: The defendant was the at fault driver in a rear end crash. He had an odor of alcohol, thick tongued speech, and a flushed face. The defendant then performed the field sobriety tests. For example, on the one leg stand, the defendant could not make it past the number one without putting his foot down and starting over numerous times. On the walk and turn, he stepped off the line, used his arms for balance, and did not touch heel to toe. He was then arrested for DUI and later blew a .243 and .237 in breath machine. This was the defendant's Second DUI arrest. Defense: Prior to the trial date, the firm filed a motion to suppress the breath test results. In our motion, we alleged that the breath tests were not in "substantial compliance" with the FDLE rules since one of the two required control tests were out of the acceptable range. Prior to even arguing the motion, and on the day of trial, the State Dropped the DUI and the defendant received no conviction on his record. Result: The State dropped the DUI. Jan 12, 2018 Case: 2016-CT-001422 Judge Duckworth Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, slow/slurred/thick tongued speech, and her movements were slow and deliberate. She fumbled with her items upon providing them to the police and could not focus. She performed poorly on the roadside tests and was arrested for DUI. She subsequently refused the breath test. Defense: Parks & Braxton had pretrial negotiations with the State short of trial. The State Dropped the DUI and she received No criminal conviction at all on her record. Result: The State dropped the DUI. Jan 11, 2018 Case: 17-MM-969AP Judge Trachman Facts: The defendant was stopped for driving with no headlights. Once stopped, the officer observed the defendant to have an odor of Marijuana, red eyes, and he appeared nervous. The defendant admitted to having smoked pot four hours earlier. He was then asked to participate in field sobriety tests. After doing them, he was arrested for Driving Under the Influence of Marijuana. The officer found Marijuana in the car and the defendant was also charged with possession. He subsequently provided a urine sample which was positive for Marijuana at the FDLE Lab. Defense: Parks & Braxton pointed out to the State that although he was under the influence of Marijuana, his "normal faculties" were not impaired as the State would need to prove. After many discussions, the State Dismissed the DUI and the defendant received no conviction in his record for the pot charge. Result: The DUI was dismissed. Jan 9, 2018 Case: 2016-CT-051754AXXXXX Judge Koenig Facts: The defendant was stopped for speeding and weaving. The officer observed him to have an odor of alcohol, slow/slurred speech, and he admitted to drinking beers. He also exited the vehicle slowly, walked slowly, and swayed while he stood. According the officer, he did not perform the field sobriety tests to standards and was arrested for DUI. Result: The State dropped the DUI. Jan 9, 2018 Case: 17-CT-029412AXXXXX Judge Koenig Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and he was unsteady on his feet. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. There was no video tape. He was subsequently arrested for DUI and later blew a .109 and .107 in the breath machine. Defense: Parks & Braxton had pretrial negotiations with the State. They then agreed to Drop the DUI. Result: The State dropped the DUI. Jan 9, 2018 Case: 17-CT-042669AXXXXX Judge Atkin Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer observed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he spoke with a dry mouth. He admitted to having drank beer. The defendant then performed the HGN (eye test), alphabet, and finger to nose exercises. The one leg stand and walk and turn were not conducted due to the defendant stating he had back issues. He was then arrested for DUI and later refused the breath test. Defense: Soon after the defendant's arrest, the firm got the defendant's video tape. We pointed out to the State that the officer did not utilize his camera properly and none of the roadside tests were captured on tape. The State agreed to Drop the DUI. Result: The State dropped the DUI. Jan 9, 2018 Case: 16-0022906MU10A Judge Solomon Facts: The defendant was stopped after his tires struck a curb and his car lost traction. The officer observed the defendant to have an odor of alcohol, red eyes, and he appeared unsteady. The defendant held onto the car for balance after he exited. He then refused the roadside tests and was arrested for DUI. This was the defendant's Second DUI. Defense: Parks & Braxton filed a pretrial motion to exclude the defendant's refusal to perform roadside tests because the officer did not advise him of any adverse consequences. The Judge granted the motion and the State later Dropped the DUI. The firm also took a pretrial deposition of the arresting officer whereby his deposition testimony contradicted his police reports. Thus, his credibility was also called into question. Result: The State dropped the DUI. Jan 9, 2018 Case: 16-001350MU10A Judge Brown Facts: The defendant was stopped after a caller dialed 911 stating that the defendant was driving all over the road. When the officer pulled in behind her, he observed her slowing down then speeding up. Upon activating his overhead lights, the defendant did not pull over immediately. Once stopped, the officer drew his gun and ordered her out of the car. He then observed her to have an odor of alcohol, slurred speech, and red/glossy eyes. She then performed the field sobriety tests. For example, on the one leg stand, she stopped the exercise numerous times, used her arms for balance, and stopped counting. On the walk and turn, she stepped off the line numerous times, used her arms for balance, and took an incorrect number of steps. She was then arrested for DUI. Defense: Parks & Braxton took a pretrial deposition of the arresting officer. After taking his sworn testimony, the firm filed an pretrial motion to suppress for an unlawful stop. Also, the firm filed another motion to suppress, alleging in our motion that the defendant was unlawfully ordered out of her car and unlawfully detained at gun point. The firm won the motions and and all of the evidence was thrown out. The DUI was then Dismissed. Result: The DUI was dismissed. Dec 18, 2017 Case: 14-041218MU10A Judge Evans Facts: The defendant was stopped for running a solid red arrow light. The stopping officer observed signs of impairment and called for a DUI unit. The officer who arrived, observed the defendant to have an odor of alcohol, slurred speech, and he was unsteady. His eyes were glassy and bloodshot and he had trouble answering simple questions. The defendant agreed to perform the HGN (eye test) then refused all further field sobriety tests. He was then arrested for DUI. He later refused the breath test. The defendant was also criminally charged with a second or subsequent refusal to provide a breath test. It should be noted, this was the Defendant's SEVENTH DUI Arrest. Defense: Parks & Braxton took pretrial depositions of the two officers. Each officer gave conflicting sworn statements about their observations. Thus, both of the officers’ credibility were now called into question. In addition, the firm filed a motion to exclude the defendant's refusal to perform the field sobriety tests because the officer did not to advise him of any adverse consequences for refusing. The Judge then excluded the refusal based on the case law provided by the defense. After reading the two depositions and knowing that the refusal was excluded, the State then Dropped the Defendant's Seventh DUI. Result: The State dropped the DUI. Dec 15, 2017 Case: A6MM10E Judge Vacarro Facts: A Tampa police officer was summoned, while sitting in traffic, by civilians that the defendant and another individual were fighting. The officer was on his way to work and was in Clearwater. The officer got out of his car and saw the fight in the street. Upon breaking up the fight, he observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant swayed while he stood and admitted drinking vodka. That officer then called for a Clearwater police officer as it was their jurisdiction. Upon arrival, the defendant was then asked to perform field sobriety tests to which he refused. He was arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI. Defense: Parks & Braxton filed a pretrial motion to suppress the evidence. In our motion we alleged that under Florida Statute 910.15, when there is no crash, an officer must observe every element of a misdemeanor crime for the arrest to be lawful. Here, the Tampa officer was outside his jurisdiction, thus he was considered a civilian. The Clearwater officer never saw the defendant behind the wheel. Therefore, the DUI arrest was unlawful. Prior to the motion hearing, the State dropped the DUI. Result: The State dropped the DUI. Dec 15, 2017 Case: 2017-CT-012415 Judge Bryson Facts: The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. His face was flushed and he admitted to consuming three drinks. According to the officer, he failed the walk and turn, one leg stand and HGN (eye test) tests and was arrested for DUI. After his arrest, he blew a .094 and .091. Defense: Due to the .02 margin of error in the breath machine, the firm was able to place the defendant's breath test results under the legal limit. Also, there was no video tape at the scene and the officer did not write any specific details outlining the defendant's performance on the field sobriety tests. The State then Dropped the DUI. Result: The State dropped the DUI. Dec 15, 2017 Case: 2017-CT-011212 Judge Eissey Facts: The defendant was stopped because her taillights were not functioning. Upon making contact, the officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. She admitted to having consumed whiskey, was stumbling, and was off balance. She then performed poorly the roadside tasks and was arrested for DUI. She later blew a. 134 and .131 in the breath machine. Defense: After pre trial negotiations, the State dropped the DUI. Result: The State dropped the DUI. Dec 14, 2017 Case: 2017-CT-006068 Judge Valkenburg Facts: The defendant was involved in a two car crash whereby by his car flipped over. When police and fire rescue arrived, they observed the defendant crawling out of the car. They observed him to have an odor of alcohol, bloodshot eyes, and slurred speech. He appeared confused and off balance. The defendant performed very poorly the roadside tests and was arrested for DUI. He subsequently refused a blood draw. This was the defendant's Second DUi. Defense: Fire rescue had placed a neck brace on the defendant. The investigating DUI officer asked him to take it off prior to conducting field sobriety tests, shortly after he had been a rollover crash. The officer then had the defendant perform walk and turn and one leg stand exercises. It was obvious from the videotape that the defendant had been injured in the crash and that any impairment was due to the injuries from the crash (ie. neck brace) and not alcohol. Result: The State dropped the DUI. Dec 13, 2017 Case: 2017-CT-000754 Judge McGarity Facts: The defendant was stopped for driving without his seat belt. The officer noticed an odor of alcohol and thick tongued speech. The defendant admitted to drinking 3 beers. An open cold beer was found in the car, along with closed beer cans. He refused to perform the field sobriety tests and was arrested for DUI. He later refused the breath test. Defense: Parks & Braxton had many pretrial discussions with the State prior to trial. Result: The State dropped the DUI. Dec 13, 2017 Case: 2015-CT-000456 Judge Bell Facts: The defendant was stopped for driving without headlights on. Once stopped, the officer observed the defendant to have an odor of alcohol, an odor of marijuana, bloodshot/glassy eyes, and slurred speech. The defendant admitted to consuming Vodka and he also had an orbital sway. He then performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .199 and .195 in the breath machine. Defense: After pretrial negotiations with the State, they Dropped the DUI. Result: The State dropped the DUI. Dec 12, 2017 Case: 17--MM-001420 Judge J. Martin Facts: THIS IS A BUI CASE – BOATING UNDER THE INFLUENCE. The defendant's boat was boarded by Florida Fish and Wildlife police for a light violation. Upon contact with the defendant, officers noted him to have an odor of alcohol, slurred speech, and talked as if he had a dry mouth. The defendant stated he had drank about 4 to 5 beers, and smoke some pot. Due to the fact the defendant had been out on the water, the officers administered nonphysical field sobriety tests. They included the HGN (eye test), finger to nose, palm pat, and hand coordination tests. He was then arrested for boating under the influence. A search incident to arrest revealed a baggie of marijuana and a pipe. He was also charged with possession of marijuana and possession of paraphernalia. After his arrest, he blew a .109 and .105 in the breath machine. Defense: The firm noted that each officer had written a different report. On each report, they all made contradictory statements and observations of the defendant. Also, the roadside test report was vaguely written with hardly any specific details. The State Dropped the BUI and the defendant also received no convictions for the two possession charges. Result: The State dropped the BUI. Dec 12, 2017 Case: 14-0002369MU10A Judge Lerner-Wren Facts: The defendant was stopped for straddling the bicycle lane and almost striking other vehicles. The officer noticed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant then performed the walk and turn, finger to nose, and HGN (eye test) exercises. For example, on the walk and turn, he missed heel to toe, stumbled, and took an incorrect number of steps. On the finger to nose, he kept his eyes open and missed the tip of his nose. He was then arrested for DUI and later refused the breath test. Defense: The defendant had a very thick Spanish accent and was also speaking Spanish. The officer, who did not speak Spanish, did not ever call for a translator. It was clear form the tape that there was a language barrier and any impairment was not due to alcohol, but due to the language barrier. Result: The State dropped the DUI. Dec 11, 2017 Case: 17-000048TTAXMX Judge Cowden for Judge Riteneour Facts: The defendant was involved in a sideswipe crash. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant stated he had also taken Xanax and muscle relaxers earlier that morning. He was also observed to have been stumbling. The defendant then performed the HGN (eye test) and finger to nose tests. The walk and turn and one leg stand tests were not administered due to the defendant's prior injuries. He was then arrested for DUI. This was the defendant's Second DUI arrest and he was also charged with Second or subsequent refusal to provide a breath test and/or urine test. Defense: The firm pointed out to the State that the HGN would not be admissible into evidence because the officer was not a DRE (drug recognition expert). In addition, since the officer did not read the defendant his Miranda rights, all of the defendant's statements about the drugs would have been excluded from evidence pursuant to the accident report privilege. Furthermore, there were conflicting stories as to who caused the crash. Finally, the firm pointed out that the video never showed the defendant stumbling or speaking with a slurred/mumbled voice. The State Dropped the DUI and the Second Refusal charge was Dismissed. Result: The State dropped the DUI. Dec 6, 2017 Case: 17-CT-006257 Judge Myers Facts: The defendant was stopped for driving in a reckless manner and speeding. Officers noted the defendant to have an odor of alcohol, slurred speech, and a drowsy appearance. He also had droopy eyelids and red/glassy eyes. He was unsteady and off balance. He then performed the field sobriety tests and was subsequently arrested for DUI. This was the defendant's THIRD DUI arrest this year. Defense: The video contradicted the officer's reports and this was brought to the State's attention. Just prior to trial, the State Dropped the DUI. It should be noted, Parks & Braxton represented this client on all three of his DUI cases this year. The firm won all three DUI's and the defendant did NOT receive one DUI conviction on his record. Result: The State dropped the DUI. Nov 29, 2017 Case: 2017-CT-015660 Judge McNeil Facts: The defendant was involved in a sideswipe crash. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was making unusual statements and denied drinking. The defendant then performed the walk and turn, one leg stand, and finger to nose tests. He was then arrested for DUI. This was the defendant's Third DUI. Defense: First, there were two different stories of how the accident occurred and who was actually at fault. Also, the defendant told the officer prior the field sobriety tests that he had a screw in his right ankle from breaking it years ago. In addition, he told him he was under the care of a doctor for the injury. The officer still proceeded to administer the one leg stand and walk and turn tests. The defense provided the medical records as proof to the State. There was doubt as to whether the defendant's alleged impairment was due to alcohol or the injuries he had sustained. Result: The State dropped the DUI. Nov 29, 2017 Case: A760BZE Judge Bedinghaus Facts: The defendant was found the by the police passed out and slumped over the wheel at an intersection. Officers observed the defendant to have bloodshot/glassy eyes, he was very unsteady, and swayed while he stood. The officer, having not observed an odor of alcohol, believed that the defendant was impaired by a chemical and/or controlled substance based on the defendant telling him he had been taking pain medication by the dentist for a dental procedure earlier that week. The defendant then performed the roadside tests. For example, on the walk and turn, he took an incorrect number of steps, stepped off the line, did not touch heel to toe, and lost his balance during the turn. He was then arrested for DUI. He subsequently refused both a breath and urine test. Defense: The defendant wasn't able to articulate what specific medication he had been taking. Under Florida law, a defendant, to be convicted of DUI, must either be impaired by alcohol and/or a chemical and/or a controlled substance. Here, the State could not prove by which specific chemical and/or controlled substance was impairing the defendant as required by Florida Statute 316.193. This was brought to the State’s attention during pretrial discussions. The State Dropped the DUI to civil traffic infraction Result: The State dropped the DUI. Nov 22, 2017 Case: 2017-CT-007425 Judge Cameron Facts: The defendant was stopped for weaving in and out of his lane of travel. The officer observed an odor of alcohol, slurred speech, and he appeared confused and disoriented. He admitted to having consumed 3 bourbons. The defendant was off balance and stumbled while exiting the car. He then performed very poorly on the field sobriety tasks. For example, he almost fell over while walking the line. The defendant was arrested for DUI and subsequently blew .175 and .170 in the breath machine. Defense: After pretrial negotiations with the State, they Dropped the DUI short of a trial. Result: The State dropped the DUI. Nov 20, 2017 Case: 2017-CT-000558AX Judge Henderson Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol and slurred/thick tongued speech. The officer could smell the alcohol from six feet away. The defendant performed the field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI. Defense: It was clear from the officer's reports describing the defendant's performance on the roadside tasks that they were contradictory to the video tape. In fact, the officer had written a females name when describing the roadside tasks, and not the defendant's in certain parts of the report. Thus, the question then became, was the officer writing about this defendant or another. His credibility was now called into question. Result: The State dropped the DUI. Nov 16, 2017 Case: 2017-CT-031179 Judge T. Brown Facts: The defendant was stopped for driving with no rear lights illuminated. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and was slow in her movements. She then performed the HGN (eye test), walk and turn, and one leg stand tests. She was arrested for DUI and subsequently blew a .101 and .094 in the breath machine. Defense: The firm pointed out with the .02 margin of error in the breath machine, one of the defendant's breath tests results would have been under the legal limit. In addition, on video, we pointed out to the State that the officer conducting the roadside tests was a trainee. It was clear from the tape that she was unsure whether to arrest the defendant as she had to consult with the FTO (field training officer) a few times. In addition, on the HGN (eye test), there was no angle of onset in the defendant's eyes prior to 45 degrees. That would indicate, under Tharpe's Formula, the defendant's breath alcohol level would have been under the legal limit. Result: The State dropped the DUI. Nov 16, 2017 Case: 2017-CT-025541 Judge T. Brown Facts: The defendant was stopped for speeding and following too closely. The officer noticed the defendant to have an odor of alcohol, watery eyes, and mumbled speech. He also had a flushed face, staggered while walking, and swayed while he stood. He was then asked to perform the field sobriety tests. He was then arrested for DUI and subsequently refused the breath test. Defense: Parks & Braxton pointed out to the State that the defendant did not speak any English on video tape. Yet, the officer who only spoke English, was trying to get the defendant to understand the instructions to the roadside tests by having read the instructions himself in Spanish from a card. This was a direct violation of the NHTSA rules on roadsides They require that an officer explain and then demonstrate the tests, not hand an instruction card to a defendant. Furthermore, the video contradicted the officer's report as the defendant was not staggering or swaying on tape. Result: The State dropped the DUI. Nov 16, 2017 Case: 2017-CT-030408 Judge T. Brown Facts: The defendant was found by police passed out in his car in a parking lot. Upon awakening the defendant, the officer observed him to have an odor of alcohol and bloodshot eyes. He exited the car slowly and and swayed while he stood. He was then asked to perform the field sobriety tests. According to the officer, he failed and was arrested for DUI. Defense: The defendant was not in actual physical control of the vehicle even though the engine was running. Per the jury instruction on actual physical control, one has to have the "capability" to operate a motor vehicle. Here, he could not be "capable" of operating the car because he was sleeping. The State dropped the DUI and the defendant received no conviction on his record. Result: The State dropped the DUI. Nov 7, 2017 Case: 17-CT-501760 Judge Gill Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had a blank stare. The defendant stated he had drank beer and a bottle of tequila was found in the car. The defendant then performed the HGN (eye test), walk and turn, and one leg stand tests. He was then arrested for DUI and subsequently refused the breath test. Defense: Parks & Braxton announced ready for trial. On the day of trial, the State Dropped the DUI. Result: The State dropped the DUI. Nov 7, 2017 Case: 2017-CT-022307 Judge Baker Facts: The defendant was stopped for crossing over the center lane marker and stopping in the middle of the roadway. The officer noticed the defendant to have an odor of alcohol, glassy eyes, lethargic movements, and he admitted to having drank two beers. The defendant then performed the roadside tests. He was then arrested for DUI. Defense: The officer had wrote in the reports that the walk and turn and one leg stand tests were conducted on a level surface. When the defense watched the video, one could clearly see that the ground was not level and was on a major slant. This was a violation of the NHTSA manual on filed sobriety tests. Further, the officer made the police reports seem like the defendant was a falling down drunk, yet the video tape contradicted those allegations. Result: The State dropped the DUI. Nov 7, 2017 Case: 17-000003MU10A Judge Pole Facts: The defendant was stopped for driving slow and swerving. Upon contact with the defendant after the traffic stop, the officer observed the defendant to have an odor of alcohol, red eyes, and slurred speech. The defendant stated he had been coming from the casino and had drank beer. The defendant was asked to perform the field sobriety tests. For example, on the walk and turn, he stepped off the line, missed heel toe, and had to stop and steady himself. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest, he blew .165 and .162 in the breath machine. Defense: Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no probable cause or reasonable suspicion of a crime for the officer to lawfully stop the defendant. At the motion hearing, the officer, upon cross examination by the defense, was not able to testify to any specifics of the defendant's driving pattern such as distance traveled, time he was behind the defendant, speed, or how many times he had weaved. After hearing all the testimony and being provided case law by the defense, the judge Granted the motion and threw out all of the evidence. Result: The DUI was dismissed. Nov 3, 2017 Case: 2017-CT-002215 Judge Bryson Facts: The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was then asked to step out of the car and perform field sobriety tests. He then performed the HGN (eye test), one leg stand, and walk and turn tests. For example, on the walk and turn, he missed heel to toe, lost his balance, and used his arms for balance. On the one leg stand, he swayed, used his arms for balance and did not complete the test. He was then arrested for DUI and later refused the breath test. This was the Defendant's Second DUI. Defense: The firm pointed out to the State that the roadsides were conducted on a very large slant in the road, on the side of I-95. Per the NHTSA manual on field sobriety tests, they are supposed to be conducted on level ground. In addition, rather than taking the defendant off the highway to do them, he had him perform the test within a few feet of moving traffic. Finally, per the NHTSA manual, roadsides are supposed to be explained and demonstrated prior to administering them. Here, the officer violated procedure and did not demonstrate the walk and turn. In fact, after the defendant performed it, another officer actually came over to help the first officer and he demonstrated it. The defendant had to then do it a second time. Prior to trial, the State Dropped the defendant's Second DUI. Result: The State dropped the DUI. Nov 1, 2017 Case: 2017-CT-007660 Judge Cameron Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank a couple of whiskeys. The defendant then performed the roadside tasks. According to the officer, he performed poorly and was arrested for DUI. Defense: The video tapes totally contradicted the officer's reports about the extent of the defendant's level of impairment. After a full review of the evidence, the DUI was Dismissed prior to trial. Result: The DUI was dismissed. Oct 31, 2017 Case: 2017-CT-010599 Judge Farr Facts: A call went out about a driver who was all over the road. The driver was the defendant. Officers spotted the car in question parked upon a curb on the side of the road. When the officer went up to the car, he noticed vomit on the ground outside the driver's door. Upon talking to the defendant, he noticed an odor of alcohol, bloodshot eyes, and she admitted to having drank 4 beers and getting sick. The defendant was unsteady and then performed poorly on the field sobriety tests. She was arrested for DUI and subsequently refused the breath test. Defense: After numerous pretrial talks with the prosecutor, the State Dropped the DUI just prior to trial. Result: The State dropped the DUI. Oct 26, 2017 Case: 2016-MM-009267MMAXWS Judge Grey Facts: The defendant was stopped for weaving all over the road which was captured on video tape. Upon contact, the officer observed the defendant to have an odor of alcohol, he smelled marijuana coming from the interior of the car, and noticed bloodshot/watery eyes. The officer had to repeat questions to the defendant as she wasn't listening. The defendant was detained as the officers searched for marijuana. After finding marijuana, the officer then asked the defendant to perform roadside tests to which she refused. She was arrested for DUI and possession of marijuana. After her arrest, she refused the breath test. This was the Defendant's Second DUI and also her second refusal charge for failing to provide a breath and/or urine test. Defense: The firm was able to enhance the poor audio quality on the officers' body cameras. After we were able to that, the defense was able to hear the arresting officer talking to the other officer and commenting that the defendant may not be impaired, yet he was going to conduct a DUI investigation. This was immediately brought to the attention of the State. The refusal charge was Dismissed, the defendant received no conviction at all on the marijuana charge, and the DUI was Dismissed. Result: The DUI was dismissed. Oct 26, 2017 Case: 2017-CT-001115 Judge Cameron Facts: The defendant crashed his car into a parked car. When officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and he had glossy eyes. He also had a hard time walking and keeping his balance. The defendant admitted to having a few drinks and just stared into space on numerous occasions. The defendant performed poorly on field sobriety tests and was arrested for DUI. After his arrest, he attempted to blow into the breath machine but the machine registered invalid samples of a .185 and .198. Thus they stated he refused. Defense: Parks & Braxton had pre trial negotiations with the State. The State then Dropped the DUI. Result: The State dropped the DUI. Oct 25, 2017 Case: 2017-MM-029088 Judge Atkin Facts: Officers responded to a beach parking lot in response to call about an unresponsive male. When they arrived, they noticed the defendant passed out in his car. Upon awakening the defendant, the officer observed him to have bloodshot eyes and dilated pupils. His speech was mumbled and slurred. The defendant was asked to perform field sobriety tests. He performed very poorly and was arrested for DUI. Defense: The defendant had been arrested in May of 2017. He did not hire the firm until September. He had been going to court by himself for months with no lawyer. The State had not provided him any discovery or even filed any charges. Parks & Braxton, upon obtaining the police reports called the State. We pointed out that under Florida law, to prove DUI, a defendant must be under the influence of either alcohol and/or a "specific" chemical and/or controlled substance. Here, since there was no odor of alcohol, the State could not prove by which "specific" chemical and/or controlled substance was allegedly impairing the defendant as required by the DUI Statute, 316.193. The firm convinced the State to not even file any charges against the defendant. Result: The DUI was dismissed. Oct 23, 2017 Case: 2413-XBS Judge Newman Facts: The defendant was the at fault driver in a sideswipe crash. Upon arrival, the officer noticed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having consumed a glass of wine. She was then asked to perform the field sobriety tests. For example, on the walk and turn, she stopped walking to steady herself, didn't touch heel to toe, and took an incorrect number of steps. On the one leg stand, she put her foot down. She was then arrested for DUI and subsequently refused the breath test. Defense: Parks & Braxton announced ready for trial. On the day of trial, we pointed out to the State that the officer had a video camera, yet he did not capture any specifics as to the defendant's performance on the filed sobriety tests. It was clear that he had no idea how to utilize his in car camera. Prior to trial, the State Dropped the DUI and the defendant received no conviction at all on her record. Result: The State dropped the DUI. Oct 19, 2017 Case: 2017-CT-006889 Judge Starr Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and an orbital sway. The officer also noticed some plastic wine bottles in the car. The defendant was then asked to perform field sobriety tests. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and took an incorrect number of steps. On the one leg stand, she swayed and used her arms for balance. She was arrested for DUI. Defense: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and an orbital sway. The officer also noticed some plastic wine bottles in the car. The defendant was then asked to perform field sobriety tests. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and took an incorrect number of steps. On the one leg stand, she swayed and used her arms for balance. She was arrested for DUI. The officer concluded she was actually impaired by a chemical or controlled substance versus alcohol based on general conversations at the scene about drug and alcohol consumption. The State couldn't prove by what "specific" chemical and/or controlled substance allegedly impaired the defendant as required by the DUI statute 316.193. The DUI was Dismissed. Result: The DUI was dismissed. Oct 17, 2017 Case: 17-CT-501117 Judge Gonzalez Facts: The defendant was stopped after being observed doing "burnouts" and "donuts" in a parking lot. The officer observed an an odor of alcohol, a flushed face, and his coordination was slow. The defendant then performed the field sobriety tests. For example, on the one leg stand test, the defendant almost fell once, miscounted, and used his arms for balance. He was arrested for DUI and then refused the breath test. Defense: Parks & Braxton announced ready for trial. On the day of trial, the State Dropped the DUI after there were pretrial negotiations. Result: The State dropped the DUI. Oct 12, 2017 Case: A3PVH6E Judge Denaro Facts: An officer was dispatched to a car with individuals drinking inside the car. When he walked up to the car, the defendant was in the driver's seat. He asked the defendant to step out and then observed an odor of alcohol, watery eyes and low/slurred speech. The defendant then performed poorly on the field sobriety tests. For example, on the one leg stand test, the officer had to stop it for the defendant's safety. He was then arrested for DUI and then blew a .200 and .184 in the breath machine. Defense: In order for the police to order someone out of their car in this situation, there must be reasonable suspicion of a crime. Here, there was no suspicion of any crime. When the officer went up to the car, he saw no one drinking and yet still ordered the defendant out. It wasn't until after the initial illegality of ordering him out did the officer make the DUI observations. Result: The State dropped the DUI. Oct 6, 2017 Case: 2017-CT-004264 Judge Bell Facts: The defendant was the at fault driver in a crash whereby he had swerved in front of another car. The officer noticed the defendant to have an odor of alcohol, slightly slurred speech, and he appeared to be very confused. The defendant's gait was slow and unsteady. He was then asked to submit to field sobriety tests to which he refused. He was then arrested for DUI. Defense: The firm had pretrial talks with the State. After those talks, the State agreed to drop the DUI. Result: The State dropped the DUI. Oct 5, 2017 Case: 2017-CT-005861 Judge Jeske Facts: The defendant was stopped for weaving inside his lane of travel and drifting over the lane markers. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and bloodshot eyes. The defendant admitted to consuming a few drinks. He had clumsy movements, was unsteady, and he also swayed. A Coors light bottle was found in the car. He then performed field sobriety tests. For example, on the walk and turn test, the officer wrote he stepped off the line, raised his arms for balance, and missed heel to toe. After performing the one leg stand and finger to nose exercises, he was arrested for DUI. After his arrest, he refused the breath test. Defense: Based on the officer's reports, he had made the defendant out to be a falling down drunk. However, the videotape contradicted those reports. Those inconsistencies were pointed out to the State by the firm. Result: The State dropped the DUI. Oct 4, 2017 Case: 2016-CT-032188 Judge Koenig Facts: The defendant was stopped after an officer observed him drifting to the right and over the fog line numerous times over the course of about two miles. Upon contact, the officer observed the defendant to have slightly slurred speech, dry mouth, bloodshot/glassy eyes, and the defendant admitted to having consumed one or two drinks earlier in the night. That officer then called for a DUI officer to come to the scene. The DUI officer made similar observations. That officer also observed the defendant exit his truck slowly, walk slowly, and sway while he stood. The defendant was then asked to perform field sobriety tests. For example, on the walk and turn test, he took 24 steps instead of 18, used his arms for balance, and did not touch heel to toe. On the one leg stand, he hopped all over the place, started kicking his leg forward and backwards, and used his arms for balance. He was then arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video. This was the defendant's Second DUI within a five year period. Defense: Parks & Braxton announced ready for jury trial. Upon cross examination of the officer who stopped the defendant, the defense got the officer to admit that he never even smelled an odor of alcohol. Upon further questioning on cross examination, the officer stated "maybe it was the wind." The defense then asked the officer sarcastically if there was wind in the defendant's truck as he looked in and spoke with defendant. The testimony was not credible. After he testified, the State agreed with the defense that his testimony was not credible and agreed to Drop the DUI in the middle of trial, before the arresting officer even took the stand. Result: The State dropped the DUI. Oct 3, 2017 Case: 2017-CT-007789 Judge Farr Facts: An officer came into contact with defendant as she was sitting at a traffic light when he observed her car to have heavy front end damage and smoke coming from under the hood. Upon contact, airbags had been deployed and the defendant stated "she thinks she may have hit a mailbox." The officer observed her to have an odor of alcohol, slurred speech, bloodshot eyes, and the defendant admitted to having consumed shots of Hennessy. After performing the HGN (eye test), walk and turn, one legs stand, and finger to nose exercises, she was arrested for DUI. After her arrest, she blew a .094 and .095 in the breath machine. Defense: Due to the .02 margin of error in the breath machine, the firm was able to show that both breath results could have been under the legal limit of .08. Also, the officer did not have an in-car camera, nor did he ever call for one. His police reports were not detailed and provided no specifics of the defendant's performance on the field sobriety tests. Result: The State dropped the DUI. Oct 2, 2017 Case: 2017-CT-005773 Judge Drake Facts: The defendant was found passed out in the driver's seat of his car. The car was parked in a parking space in the parking lot of the restaurant he had just ate at. The officer who found the defendant, noticed a pile of vomit outside his car. After the officer knocked on the window, the defendant stepped out of the car. The officer noticed an odor of alcohol and other signs of impairment so he called for a DUI unit. That officer made similar DUI observations including slurred speech and bloodshot eyes. The defendant also admitted to having consumed at least 5 drinks. He then performed the field sobriety tests. He performed poorly on video and was arrested for DUI . After his arrest, he refused the breath test. Defense: Under Florida law, a person who is actual physical control must have the "capability" to operate that vehicle. Here, the defendant had the keys to the rental car in his pocket according to the first officer. The DUI officer, on tape, kept trying to tell the defendant that the other officer told him that the engine was on and the keys were in the ignition. That was a lie as the first officer overheard it and even came over and told him the keys were not in the engine. Thus, the arresting officer's credibility was clearly called into question. In addition, the defendant had "no capability" of operating that vehicle while not only sleeping, but the keys were in his pocket. The State Dropped the DUI and the defendant received NO conviction at all on his record. Result: The State dropped the DUI. Oct 2, 2017 Case: 2017-CT-004862 Judge Starr Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, a flushed face, and red eyes. Her demeanor was slow and she had slurred speech. The defendant was then asked to perform the field sobriety tests. She performed poorly and was arrested for DUI. After her arrest, she blew a .211 and .213 in the breath machine. Defense: After the firm had pretrial talks with the prosecutor, the State agreed to Drop the DUI on the day of trial. Result: The State dropped the DUI. Sep 28, 2017 Case: 16-022258MU10A Judge Levy Facts: The defendant was stopped for straddling the lane markers, weaving, and driving under the speed limit. The officer noticed the defendant to have an odor of alcohol, slurred speech, and he seemed disoriented. He also observed watery eyes and the defendant had trouble finding his documents. The defendant was unsteady and staggered. He then performed the roadside tests very poorly and was arrested for DUI. Defense: Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no probable cause, nor reasonable suspicion of a crime, to lawfully stop the defendant. Upon cross examination of the motion by the defense, the officer could not provide any specifics as to the driving pattern, such as how many time the defendant allegedly weaved and straddled the lane markers. After hearing the testimony and reviewing the case law, the Judge granted the motion and threw out all the evidence. The State then Dismissed the DUI. Result: The DUI was dismissed. 3329 results found. Viewing page 13 of 34. Go to page 1 2 3 . . . 11 12 13 14 15 16 17 . . . 33 34 Next