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. Apr 25, 2024 Case: 23-CT-006276 Judge Curington Facts: The defendant was stopped for weaving and drifting over the lanes of travel, driving on the lane itself, and also on fog line multiple times. The officer observed an odor of alcohol. He appeared jittery, had slow reflexes, and had slurred speech. He also had a sway to his stance and fumbled for his door latch. He refused to perform any field sobriety tests and was arrested for DUI. The defendant subsequently refused a breath test. Defense: On video tape, his speech was not slurred, he did not appear jittery, did not sway, and exhibited normal reflexes. Furthermore, the officer told him upon stopping him that he recorded a large portion of the driving pattern. That was not true and no driving pattern was on any video tape. The State Dropped the DUI and he received no conviction on his record. Result: The State dropped the DUI. Apr 25, 2024 Case: AI9MO8E Judge Lawhorne Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared drowsy. He had a dazed expression, was unsteady, and staggered as he walked. He then performed various field sobriety tests such as HGN (eye test), the walk and turn, one leg stand, and finger to nose. He was arrested for DUI and later refused a breath test. Defense: After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI. Result: The State dropped the DUI. Apr 24, 2024 Case: 23-CF-011181 Judge Fuson Facts: The defendant was found passed out in his car by police in a lane of travel. There was no odor of alcohol, but officers, upon awakening him, noticed slurred speech, he kept nodding off, and appeared disoriented. He had bloodshot eyes, was unsteady, and swayed while he stood. Believing he was impaired by drugs, the officers requested him to perform field sobriety tests. He performed very poorly on the walk and turn and one leg stand exercises and was arrested for DUI. He later submitted to a DRE (drug recognition exam) and he also refused to provide a urine sample. Post arrest, drugs were found in the defendant's wallet. Those drugs tested positive for illegal controlled substances and he was also charged with two felony possession charges. Defense: After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI, Dismissed one felony, and he received No Felony Conviction on the other felony. Result: The State dropped the DUI. Apr 24, 2024 Case: 24-CT-011445 Judge T. Brown Facts: The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, bloodshot/watery eyes, a flushed face, and slow/slurred speech. He was slow to exit the car, swayed while standing, and all his movements were sluggish. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. Defense: On video tape, the defendant's speech was normal, he never swayed, and none of his movements were slow or sluggish. After conversations with the State about the conflicts between the video tape the police reports, they Dropped the DUI to a Civil Carless Driving infraction. Result: The State dropped the DUI. Apr 23, 2024 Case: 23-CT-018142 Judge Farr Facts: The defendant was stopped for speeding, driving in between two lanes, and weaving. The officer noticed an odor of alcohol, slurred speech, a dazed/blank stare, and fumbling fingers. He also had confusion, poor balance, and a tired appearance. He performed poorly on various field sobriety tests and was arrested for DUI. He later refused a breath test. Defense: After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Apr 23, 2024 Case: 23-CT-017599 Judge Gutman Facts: The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, slurred speech, difficulty giving his attention, and he appeared unsteady. The defendant admitted to consuming 4 beers and also fumbled with his items. He then performed various roadside tests and was arrested for DUI. He later blew a .096 and .092 in the breath machine. Defense: After pointing out the .02 margin of error in the breath machine to the State, we were able to place the defendant's breath test results under the legal limit. Result: The State dropped the DUI. Apr 23, 2024 Case: 23-CT-014236 Judge Scott Facts: The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady on her feet and admitted to having drank two beers. She refused to perform any field sobriety tests and was arrested for DUI. The defendant agreed to take a breath test but was not blowing properly so the officer called it a refusal. This was the defendant's Second DUI. Defense: On tape, the defendant was not unsteady and her speech was normal. After negotiations with the State, they Dropped her Second DUI. Result: The State dropped the DUI. Apr 23, 2024 Case: 23-CT-016771 Judge Gutman Facts: The defendant was stopped for driving westbound in the east bound lane. The officer noticed an odor of alcohol, glassy eyes, and slow moments. He displayed confusion, admitted to having 7 drinks (then changed it to a couple), and also appeared unsteady. He performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .124 and .122 in the breath machine. Defense: After conversations with the defendant regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Apr 17, 2024 Case: 24-CT-000699 Judge Taylor Facts: The defendant was stopped for failing to stop while making a right turn on red, weaving, and speeding. The officer noticed an odor of alcohol, slurred speech, sluggish reflexes, bloodshot eyes, and he also swayed while he stood. The defendant then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was subsequently arrested for DUI and later refused a breath test. Defense: The video contradicted the police reports. On tape, his speech was normal, he did not sway, and did not move sluggishly. He also performed much better on the field sobriety tests on video than as described in the police reports. Result: The State dropped the DUI. Apr 17, 2024 Case: 23-CT-003464 Judge Burns Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was arrested for DUI and later blew a .151 and .148 in the breath machine. Defense: After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI. Result: The State dropped the DUI. Apr 16, 2024 Case: 23-006139MU10A Judge Lerner-Wren Facts: The defendant was initially observed driving 12MPH in a 35MPH zone. The defendant crossed over the fog line on three separate occasions nearly striking the curb. The officer attempted to stop the defendant with lights and sirens, but the defendant failed to timely react. The defendant eventually came to a stop. The officer came to the window and observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The officer testified that the defendant struggled with his fine motor skills. The defendant stated he drank 3 beers. He refused to perform any field sobriety tests and was arrested for DUI. He subsequently refused a breath test as well. This was the defendant's 2nd offense for DUI. Defense: Parks & Braxton filed a motion to suppress alleging that there was no legal basis to stop and detain the defendant. At the hearing, the officer testified to the above facts. The prosecutor argued that the defendant was lawfully stopped for a traffic infraction. In addition, the prosecutor argued that the officer had a good faith basis to believe that the defendant was sick or injured, and therefore justified in stopping the defendant to check on his wellbeing. On cross examination the officer acknowledged that he never called for a paramedic and never concluded that the defendant might be ill or injured. In addition, the officer wrote a citation for failure to maintain a single lane and testified that the weaving was the basis for the stop. Counsel provided caselaw to the Judge which stood for the proposition that you cannot stop a vehicle for weaving if no other traffic is affected. The Court agreed, and granted the motion. All of the evidence was excluded and the case was dismissed. Result: The DUI was dismissed. Apr 16, 2024 Case: 23-CT-502346 Judge Swett Facts: The defendant was driving eastbound in the westbound lane of travel. Other cars had to take evasive action to avoid a collision. Officers noticed an odor of alcohol, slurred speech, and glossy eyes. The defendant stated he had 2 shots. He performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. Defense: After negotiations regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Apr 16, 2024 Case: 23-CT-502825 Judge Swett Facts: The defendant was involved in a one car rollover crash. When EMS and police arrived, they found the car was upside down. He had to be extracted from the car and was placed onto a stretcher. He was then put inside the ambulance. While inside the ambulance, police spoke with him and detected an odor of alcohol, watery eyes, slurred speech, and he seemed confused. He was taken out of the ambulance and asked to submit to field sobriety tests. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. The defendant later refused a breath test. This was the defendant's fourth or fifth DUI. Defense: The entire investigation was captured on body won camera. The officer wrote that they smelled alcohol inside the ambulance, yet on body worn camera (BWC), the officer can be heard coming out of the ambulance stating, "I cannot smell anything." No one even ever asked the defendant if he had drank that night. In addition, the defendant told them he had knee issues, hip issues, toe issues, and was just upside down in a rollover crash, yet the officers still had him stand on one leg and walk a line. Also, it was evident on tape that the officer conducting the roadside tests was brand new and being trained. Thus, this was a training exercise and the defendant was the guinea pig. After discussions with the State, they Dropped the DUI at trial call. Result: The State dropped the DUI. Apr 9, 2024 Case: 23-CT-011805 Judge Farr Facts: The defendant was stopped for running a red light. Officers observed an odor of alcohol, slurred speech, and glassy/watery eyes. He also admitted to having done "shots" of alcohol. After performing various roadside tests such as HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later blew a .189 and .186 in the breath machine. Defense: After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI. Result: The State dropped the DUI. Apr 9, 2024 Case: 23-CT-011790 Judge Farr Facts: The defendant was stopped for speeding and weaving all over the road. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. He also had slow movements. The defendant performed roadside tests such as the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. The defendant had a CDL license at the time of arrest. Defense: We pointed out to the State, that on video tape, he performed much better on the field sobriety tests than was written in the police reports. The reports clearly overexaggerated his level of impairment. In addition, on tape, his speech was not slurred and his movements were not slow. Result: The State dropped the DUI. Apr 3, 2024 Case: 23-CT-010802 Judge Gutman Facts: The defendant was found by police with his car stuck up against a tree. Officers noticed an odor of alcohol, very slurred speech, unsteadiness, and bloodshot/watery eyes. The defendant stated he had drank 4 to 5 beers and smokes as much weed as he can. His responses to the officer's questions were nonresponsive and made no sense. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Apr 3, 2024 Case: 23-CT-012799 Judge Gutman Facts: Police were called to a gas station for a person down call. Callers advised the defendant was crouched over in his car and unresponsive. Officers arrived and found the defendant unconscious in the driver's seat. They had to use sternum rubs to awaken him. They noticed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, disoriented, and unaware of everything that was happening. He refused to perform roadside tests and was arrested for DUI. The defendant subsequently refused a breath test. Defense: After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Mar 28, 2024 Case: AHPG4VE Judge Vaccaro Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a dazed look. He also swayed while he stood and had bloodshot eyes. He performed the HGN (eye test), walk and turn and one leg stand exercises. He was then arrested and later refused a beath test. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Mar 28, 2024 Case: AI9MLZE Judge Lawhorne Facts: The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, he was nervous and shaking, had bloodshot eyes, and he admitted to having drank vodka and smoked pot. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. Defense: On tape, the defendant performed better on the field sobriety tests than as written in the reports. Also, his speech was not slurred and he was not off balance prior to any roadside tests. After conversations with the State, they Dropped the DUI. Result: The State dropped the DUI. Mar 28, 2024 Case: AI9MM8E Judge Lawhorne Facts: The defendant was stopped for weaving back and forth and speeding. The officer noticed an odor of alcohol, watery eyes, and he had depressed reflexes. He staggered, had mumbling speech, and also swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Mar 28, 2024 Case: AI9MN9E Judge Lawhorne Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and glassy/watery eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .094 and .090 in the breath machine. Defense: We pointed out to the State that due to the .02 margin of error in the breath machine, both the defendant's breath samples could have been under the legal limit. In addition, on tape, the defendant's speech was not slurred, he walked normally, stood without swaying, was responsive and coherent, and in totality did not appear impaired. After conversations the with State, they Dropped the DUI. Result: The State dropped the DUI. Mar 26, 2024 Case: 23-CT-020078 Judge Damico Facts: The defendant was stopped after she was observed by police driving in the bicycle lane and came to an abrupt stop less than a foot from a police car. The officer noticed an odor of alcohol, slurred speech, and open alcohol cans in the car. She performed various field sobriety tests such as the alphabet, estimation of 30 seconds, and walk and turn. She was subsequently arrested for DUI and later blew a .141 and .138. Defense: After several conversations with the State about the evidence and the defendant, they Dropped the DUI. Result: The State dropped the DUI. Mar 19, 2024 Case: 23-CT-055650 Judge Ingram Facts: The defendant crashed her car into a concrete barrier. She then fled the scene running into the woods. Officers observed a tall glass bottle of tequila on the defendant's passenger floorboard of her abandoned car. About an hour after the crash, the defendant was found by police, a helicopter, and K-9 units hiding in the woods. She had scratches all over, slurred speech, glassy eyes, and droopy eyelids. She was arrested for leaving the scene of an accident and transported to the hospital. In the hospital parking lot, she refused to perform field sobriety tests and then received a DUI charge. She later refused a breath test. Defense: Under Florida law, for the State to convict one of DUI pursuant to Florida Statute 316.193, they must prove that the defendant was under the influence and impaired by either alcohol, a chemical and/or controlled substance. Here, there was no odor of alcohol, no statements about drinking or taking drugs, and no breath or urine test. One cannot simply be impaired by "something." In addition, officers are heard on body worn camera that they don't think they have "enough" to charge her with DUI and only enough evidence to charge her with leaving the scene of an accident. Yet they still arrested her for a DUI. After conversations the with prosecutor, the State Dismissed the DUI. Result: The DUI was dismissed. Mar 19, 2024 Case: 23-CT-056590 Judge Ingram Facts: The defendant was stopped for not wearing a seatbelt and accelerating and decelerating for no reason. The Officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having consumed three beers. He was clumsy, unsteady, and fumbled with his documents. He then performed various roadside tests and was arrested for DUI. He later blew a .175 and .172 in the breath machine. Defense: After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. Result: The State dropped the DUI. Mar 18, 2024 Case: 23-CT-002478 Judge Justice Facts: The defendant lost control of his car and crashed into a tree. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and glassy/watery eyes. He had a flushed face, was unsteady, and was repeating things. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .201 and .195 in the breath machine. Defense: The firm provided documentation to the State that the breath machine in question was taken out of service shortly after the defendant was arrested. Thus, the reliability of the defendant's results and the machine itself were called into question. We also provided medical documentation that the defendant had received injuries from the airbags during the crash, yet the officer still had him try to stand on one leg and do a walk and turn. After conversations with the State, they Dropped the DUI. Result: The State dropped the DUI. Mar 14, 2024 Case: AI9MOAE Judge Lawhorne Facts: Police were called via dispatch as the defendant was "driving in circles." When officers spotted the car driven by the defendant, they observed her to be driving on a flat tire and failing to maintain a single lane. Officers observed an odor of alcohol, slurred/mumbled speech, and she stated that she had consumed two drinks. The defendant was unsteady, she staggered, and she swayed while she stood. She performed poorly on roadside tests. For example, she recited the alphabet incorrectly, and on the one leg stand, she put her foot down six times and used her arms for balance. She was arrested for DUI and later blew a .179 and .181 in the breath machine. Defense: After several negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. Result: The State dropped the DUI. Mar 13, 2024 Case: 23-CT-012317 Judge Stone Facts: The defendant was stopped for swerving in and out of the lanes of travel and also driving below the speed limit. Once stopped, the officer noticed an odor of alcohol and he appeared very nervous. The defendant then performed the HGN (eye test) and finger to nose. He told the officers that he had medical issues with his feet and surgeries so he could not do the one leg stand or walk and turn. He was arrested for DUI and later refused a breath test. Defense: Prior to trial the firm provided the State with pictures of the defendant's feet and legs showing the medical issues. We did this to show that he was telling the truth to the officers. The officer did not have any body worn camera or dash camera. There was a video at the station and it showed the defendant standing ok, walking ok, and speaking normally. Result: The State dropped the DUI. Mar 11, 2024 Case: 23-CT-503064 Judge Gonzalez Facts: The defendant was the at fault driver in a traffic crash whereby he T-boned another car at an intersection. When officers arrived, they noticed an odor alcohol and bloodshot eyes. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. There was no video. He was then arrested for DUI and later blew a .121 and .113 in the breath machine. Defense: After numerous discussions and negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Mar 7, 2024 Case: 23-MM-013061 Judge Mckyton Facts: The U.S. Coast Guard stopped the defendant's boat for not having navigational lights on after dark. The officers noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He produced the wrong documents and forgot to respond to requests. He then performed various field sobriety tests used in Boating Under the Influence cases such as finger to nose, palm pat, and hand coordination. He was arrested for BUI and later refused a breath test. The coast guard turned over the arrest to a local police department. Defense: The agency which conducted the roadside tasks was the U.S. Coast Guard. They had no body worn cameras and their police reports were vaguely written with no specifics. After conversations with the State, they Dropped the Boating Under the Influence (BUI). Result: The State dropped the BUI. Mar 7, 2024 Case: 23-CT-002559CTAXES Judge Poblick Facts: Dispatch was notified about a driver (i.e., the defendant) driving erratically and weaving in and out of the lanes. The police spotted the vehicle and also observed him swerving all over, almost striking other cars. Once they got him stopped, they observed an odor of alcohol, he admitted to having consumed 3-4 drinks, had slow reflexes, and he kept repeating the same thing. He also had a sway to his stance and had slow movements. He performed poorly on field sobriety tests and was arrested for DUI. The defendant later refused a breath test. Defense: Many observations written in the police reports were contradicted by the video. After negotiations with the State regarding the evidence, they Dropped the DUI. Result: The State dropped the DUI. Mar 6, 2024 Case: 23-CT-055130 Judge T. Brown Facts: The defendant was found by the police passed out in the driver's seat of her car at an intersection. Officers banged on the door multiple time without success. After numerous attempts to awaken her, fire rescue had to break the window to gain entry. She was then taken out of the car while still passed out. EMS used Narcan, but still got no response. A relative arrived on scene who advised that he had received a call that she had been drinking at a friend's house. She was then taken to the hospital. The officer then went to the hospital and observed her mumbling and she could not keep her eyes open. Blood was then drawn. The State Attorney's Office proceeded to get the results to see if there was any alcohol and/or drugs in her system. The blood revealed a blood alcohol result of over 500 (the equivalent of a .50 breath alcohol level, over 6 times the legal limit). Defense: During discovery, the firm raised issues with the State about the lawfulness of the circumstances surrounding the blood draw. After conversations and negotiations with the State about the collection of the blood, they Dropped the DUI in which the defendant's blood alcohol over was over six times the legal limit. Result: The State dropped the DUI. Mar 5, 2024 Case: 23-CT-015573 Judge Scott Facts: The defendant was stopped by police as he was observed driving the wrong way on a one-way road. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/incoherent speech. He also swayed and appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .180 and .175 in the breath machine. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Mar 4, 2024 Case: 23-MM-044109 Judge Atkin Facts: An officer observed the defendant drive through a bar parking light at night with no lights on, he appeared to be struggling to stay wake, and he was bobbing his head with his eyes closed at times. The officer made contact with the defendant and observed an overwhelming odor of alcohol, slow/slurred speech, and watery eyes. He was asked to step out of the car. When the defendant was questioning why he had to step out, he was physically extracted from the vehicle. The defendant was then taken to the ground and handcuffed. He later stated he had drank four beers. The defendant was arrested for DUI and resisting an officer without violence. He later refused a breath test. Defense: On tape, it was obvious the officer overreacted and acted prematurely violently toward the defendant. The defendant received an unnecessary beating which was done off camera. Due to him having been pulled out and taken to the ground, there was no actual DUI investigation conducted. After conversations with the State and having them having them review the tape, they Dropped the DUI and Dismissed the resisting without violence charge. Result: The State dropped the DUI. Mar 4, 2024 Case: 23-CT-052401 Judge Atkin Facts: The defendant was stopped for driving with no taillights on after dark. The officer noticed an odor of alcohol, red/bloodshot eyes, and slurred speech. The defendant stated he had drank three beers, appeared clumsy, and was unsteady. After performing various roadside tests such as the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .138 and .121 in the breath machine. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Mar 4, 2024 Case: 23-CT-052410 Judge Atkin Facts: The defendant was stopped for driving the wrong way down a one-way street. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant denied having drank alcohol, exited the car slowly, and also walked slowly. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later blew a .233 and .223 in the breath machine. Defense: On tape, the defendant's speech was not slurred and he was not moving slowly. His field sobriety tests on tape were near perfect. It was obvious that he was much lower than a .233 or .223 at the time of driving, and clearly absorbing alcohol. After conversations with the State, they Dropped the DUI. Result: The State dropped the DUI. Mar 4, 2024 Case: 23-CT-052361 Judge Atkin Facts: Calls were given over radio via 911 about a reckless driver (i.e., the defendant). Officers spotted the defendant and observed him weaving and riding on the bike lane markers. Once stopped they noticed an odor of alcohol, slurred speech, a clumsy appearance, and his eyes were glassy. He moved slowly, stumbled, swayed, and also admitted to having drank four to five beers. He performed poorly on roadside tests and was arrested for DUI. Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Mar 4, 2024 Case: 23-CT-054088 Judge Atkin Facts: The defendant was the at fault driver in a traffic crash. He pulled out of a parking lot without yielding and struck a car. Officers arrived and noticed an odor alcohol, his speech appeared confused, and stated he had drank a few beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .106 and .104 in the breath machine. Defense: An officer is required to conduct a 20-minute observation of a defendant prior to them taking a breath test to assure they haven't burped, regurgitated, and/or taken anything by mouth. Here, we could see the defendant on body worn camera being booked into the jail and placed in a holding cell. Fifteen minutes later he is given the breath test. Thus, he was only observed for 15 minutes, not 20 minutes as required. No one was watching him in the locked and sealed holding cell. Thus, the State knew they would lose the breath test in a pretrial motion. Also, we provided medical documentation and X rays from the defendant showing he had various injuries to which he told the officer about on tape. That was disregarded and the officer still had him do physical tests such as the walk and turn and one leg stand. Prior to trial, the State Dropped the DUI. Result: The State dropped the DUI. Feb 28, 2024 Case: 23-CT-013266 Judge Weis Facts: The defendant was stopped for driving on a rim and driving all over the road. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. Her face was red in color and she admitted to having consumed three alcoholic drinks earlier in the day. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was then placed under arrested and later blew a .137 and .151 in the breath machine. Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Feb 28, 2024 Case: 23-CT-503231 Judge Swett Facts: Police were called to the defendant's residence in response to a "domestic disturbance." As the officer was pulling up with his police lights activated, he saw the defendant in his vehicle almost strike a mailbox, a street sign, and a fire hydrant. The defendant pulled into his driveway and walked into his house. The officer exited his car and proceeded to walk up the defendant's front door. The officer then just simply walked in the house without knocking or asking permission. He walked through the kitchen and found the defendant in the backyard by the pool. Another officer arrived and they noticed an odor of alcohol, bloodshot/watery eyes, and heavily slurred speech. The defendant was asked if they can pat him down and he put his hands up: asking what for, I didn't do anything wrong ? The next thing he knew he was being taken to the ground. He was taken outside to the front of the house and asked to do roadside tests. The defendant was being evasive and refused to comply with the tests. He was arrested for DUI and resisting an officer without violence. He later refused a breath test. Defense: Under the law of the USA and Florida, an officer cannot just walk into someone's house without permission unless there are exigent circumstances, he or she is in fresh pursuit of a fleeing defendant, or a felony. Also, an officer also cannot just enter someone's house without permission for an alleged "domestic disturbance" without knowing anymore facts. In addition, an officer cannot simply walk into someone's house after seeing an alleged traffic violation or for a misdemeanor. Here, the officer on body worn camera, walked up the front door and just walked into the defendant's house like it was his own. The firm provided case law to the prosecutor and the State Dismissed the DUI and the resisting without violence charge. Result: The DUI was dismissed. Feb 27, 2024 Case: 23-CT-012481 Judge Farr Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having consumed two beers and two mixed drinks. He then performed various roadside tests and was arrested for DUI. He later refused a breath test. Defense: After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Feb 27, 2024 Case: 23-CT-011809 Judge Farr Facts: The defendant was stopped for running a stop sign. The officer noticed an odor alcohol, slurred speech, and bloodshot/watery eyes. He swayed while he stood and had a wristband on from a club. He then performed various field sobriety tests and was arrested for DUI. He later blew a .137 and .137 in the breath machine. Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Feb 27, 2024 Case: 23-CT-012425 Judge Gutman Facts: The defendant was stopped for having no lights on and running a stop sign. The officer noticed an odor alcohol, watery/bloodshot eyes, difficulty concentrating, and slurred speech. He refused to perform any roadside tests and was arrested for DUI. He later refused breath test. Defense: It was apparent from the video that the defendant was being investigated because he and his friends were stopped in a high crime area. There were multiple cops on scene. Also, the defendant was driving a black truck but the DUI ticket stated that the defendant was driving a white truck. In addition, on tape, the defendant's speech was not slurred and he showed no signs of not being able to concentrate. The State Dropped the DUI and the defendant received no probation or any penalties. Result: The State dropped the DUI. Feb 27, 2024 Case: 23-CT-012876 Judge Gutman Facts: The defendant was stopped for driving at night with no lights and blocking a crosswalk at a red light. Officers observed an odor of alcohol, a flushed face, fumbling with her documents, slurred speech, and difficulty dividing her attention. She then performed the walk and turn, one leg stand, and HGN (eye test). She was arrested for DUI and later blew a .156 and .154 in the breath machine. Defense: After speaking with the State about the defendant and the evidence, the State Dropped the DUI. Result: The State dropped the DUI. Feb 27, 2024 Case: 23-CT-011154 Judge Conrad Facts: The defendant was stopped for weaving and pulling into an intersection, backing up onto a crosswalk right next to a cop. The officer noticed an odor of alcohol, slurred speech, and red/glassy eyes. The defendant stated he had drank one beer. He performed various roadside tests and was arrested for DUI. He later refused a breath test. Defense: Many observations made by the officer of the alleged impairment and performance on roadside tests were over exaggerated by the officer in his reports as compared to the officer's body worn camera. After discussions with the State about how the video contradicted the police reports, the State Dropped the DUI. Result: The State dropped the DUI. Feb 27, 2024 Case: 23-CT-502266 Judge Gagliardi Facts: The defendant was stopped for swerving and driving too slow. He also almost hit another car and his tires crossed over the lane markers almost striking a curb. Officers observed an odor of alcohol, watery eyes, and he was very sweaty. His speech was slurred and he had difficulty formulating sentences. In addition, his eye lids were droopy, his coordination was slow, and he had an uneven walk. He refused to perform field sobriety tests, was arrested for DUI, and later refused breath test. Defense: The firm announced ready for trial. Discussions were held regarding contradictions between the video and the police reports. The State Dropped the DUI on the day of trial call. Result: The State dropped the DUI. Feb 27, 2024 Case: 23-CT-0002251 Judge Gould Facts: The defendant was involved in a crash. She tried to avoid an animal, struck a fence, and ended up in a cow pasture. No police came at that point, but the defendant was treated by EMS. She then left to go to the hospital. After the hospital, she and her family came back the crash site to get the car. A police officer was there inspecting the crash scene. He came into contact with her and asked her questions. The defendant admitted to being the driver at the time of the crash and that she had drank margaritas earlier before the crash. The officer noticed an odor of alcohol and bloodshot eyes. She then was asked to perform various field sobriety tests to which she complied. She was arrested for DUI over three and half hours after the crash. A little over five hours later after the crash, she blew a .065 and .068 in the breath machine. In his report, the officer tried to do a retrograde extrapolation placing the defendant's breath alcohol results at a .143 at the time of the crash. Defense: The firm filed a pretrial motion to exclude the breath test results. In our motion, we provided case law that held a breath test taken over five hours later was not reasonable. In addition, the officer's retrograde extrapolation of a .143 was not accurate or reliable because he did not know when she had her first drink, her last drink, what she ate, and how much alcohol was in the drinks amongst other information. We also filed a motion to exclude her statement about being the driver under the legal doctrine of corpus delicti. This doctrine basically holds that the State must produce some independent evidence other than the defendant's statemen that they committed the crime (i.e., that she drove). Here, they could not, because when EMS arrived, she was standing with other people. Result: The DUI was dismissed. Feb 26, 2024 Case: AD4ACOE Judge Bach-Armas Facts: The defendant was stopped for failing to yield and almost hitting a police car. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed various field sobriety tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI and later blew a .099 and .091 in the breath machine. Defense: The firm announced ready for trial. The arresting officer had a body worn camera. However, he did not have it positioned correctly and no one could see the defendant from the waist down on the walk and turn or one leg stand. In other words, we could not see how he actually performed. In addition, due to a .02 margin of error, we were able to place the defendant's breath test results under the legal limit. On the day of trial, the DUI was Dismissed. Result: The DUI was dismissed. Feb 22, 2024 Case: A77AR9E Judge Croff Facts: The defendant was involved in a sideswipe traffic crash. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant also had mood swings, provided inconsistent statements, and was unsteady. She refused to perform field sobriety tests, was arrested for DUI, and later refused a breath test. Defense: The firm was able to provide evidence to the State that the defendant was not the at fault driver and that the other driver was as equally as culpable for the crash. In addition, the officer made the defendant out to be a falling down drunk in his reports which was not the case on the video tape. Result: The State dropped the DUI. Feb 22, 2024 Case: AI9MG6E Judge Komninos Facts: The defendant was stopped for swerving all over the road. The officer observed an odor of alcohol, watery eyes, and he was fumbling over his words. He also staggered as he exited the vehicle. He then performed various roadside tests such as HGN (eye test) and the walk and turn. While being instructed on the one leg stand, the defendant began to express his displeasure with the tests and would not stop interrupting the officer. At that point, he was placed under arrest for DUI. He later refused a breath test. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Feb 22, 2024 Case: AHC454E Judge Komninos Facts: The defendant was stopped for speeding. The officer noticed an overwhelming odor of alcohol, bloodshot/glassy eyes, and thick/slurred/mumbled speech. She also had a blank expression and a drunk appearance. After performing numerous field sobriety tests, she was arrested for DUI. She later blew a .132 and .130 in the breath machine. Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Feb 20, 2024 Case: 23-CT-013781 Judge Farr Facts: The defendant was stopped for driving recklessly around a parking lot. Officers noticed an odor of alcohol, bloodshot eyes, and his movements were slow/sluggish. He also had slurred speech and appeared unsteady. He performed poorly on roadside tests and was arrested for DUI. He later blew a .193 and .188 in the breath machine. Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. Result: The State dropped the DUI. Feb 20, 2024 Case: 23-CF-00185AP Judge Garcia Facts: The defendant was stopped for swerving all over the road, driving below the speed limit, and driving westbound in the eastbound lane. The officer noticed an odor of alcohol, a flushed face, and thick tongued speech. Her eyes were glassy. She was also slow to respond, unsteady, and she exhibited mood swings. She performed poorly on roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI. She was also charged with Felony possession of cocaine. Defense: During negotiations with the State, we pointed out that although the defendant performed various field sobriety tests and the trooper had a dash camera, but for reasons unknown, not one was conducted in front of the camera. In addition, for some unknown reason the drugs were never tested by the lab. The State Dismissed the DUI and also Dismissed the Possession of Cocaine. Result: The DUI was dismissed. Feb 19, 2024 Case: 23-CT-002030CTAXEX Judge Wansboro Facts: The defendant was found passed out in his vehicle on the side of the road by a road ranger. The car had run out of gas. When police arrived, the defendant was standing outside of his car. The officer noticed an odor of alcohol, watery/glassy eyes, and incoherent/mumbling speech. He swayed while standing, was slow to respond, and appeared confused. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI. Defense: Under Florida Statute 901.15, all element of a misdemeanor DUI must occur in the presence of the officer unless there is a crash (i.e., they must observe the defendant driving or in actual physical control) or the arrest is unlawful. Here, the defendant was outside the car when the officer arrived so we pointed out to the State that the arrest was unlawful and they agreed. Also, when a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. The State Dropped the defendant's Third DUI and received no probation. Result: The State dropped the DUI. Feb 16, 2024 Case: 23-CT-032048 Judge Silverman Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and clumsy dexterity. She also had slurred speech, made repetitive statements, and had unsteady balance. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was subsequently arrested for DUI and later refused a breath test. This was the defendant's Second DUI. Defense: The defense pointed out various medical issues that the defendant had which could have affected her performance on the field sobriety tests. After conversations with the State, they Dropped her Second DUI. Result: The State dropped the DUI. Feb 16, 2024 Case: 23-CT-032048 Judge Silverman Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and clumsy dexterity. She also had slurred speech, made repetitive statements, and had unsteady balance. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was subsequently arrested for DUI and later refused a breath test. This was the defendant's Second DUI. Defense: The defense pointed out various medical issues that the defendant had which could have affected her performance on the field sobriety tests. After conversations with the State, they Dropped her Second DUI. Result: The State dropped the DUI. Feb 15, 2024 Case: 23-CT-002033CTAXES Judge Poblick Facts: The defendant was stopped for speeding as he was driving 115 mph, almost hitting two cars, and swerving lane to lane. The officer noticed an odor of alcohol, he admitted to consuming two shots of Hennessey, had bloodshot eyes and slurred speech. He also swayed while outside the vehicle. He performed poorly on various field sobriety tests and was arrested of DUI. He later blew a .106 and .103 in the breath machine. Defense: After conversations the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Feb 15, 2024 Case: 22-010497CF10A Judge Kollra Facts: The defendant was charged with a third offense felony DUI. He was involved in a crash whereby he drove his vehicle into a tree. It is important to note that the defendant did not suffer any injuries. There were several witnesses to the crash. The defendant left the scene in a different car, but returned shortly thereafter. After the witnesses identified the defendant as the driver the officers began conducting a DUI investigation. The officers asked the defendant a series of questions relating to his health. He informed them that he was a diabetic. He did not, however, tell the officers that he was suffering from a high or low blood sugar level. In addition, he did not complain of any injuries. The officers conducted a series a field sobriety tests and subsequently arrested the defendant for DUI. After arrest he was asked to provide a breath test to which he agreed. Fire rescue informed the police that the defendant had to be medically cleared first before they can take him to jail. As a result, the officers requested a blood test claiming that because the defendant was going to the hospital for medical clearance it would be impractical to obtain a breath test. He subsequently agreed. His blood alcohol level was a .257 (over three times the legal limit). Defense: Florida law does permit an officer to request a blood test if a breath test would either be impossible or impractical. After taking depositions of the officers, counsel discovered that the defendant's blood sugar level was actually checked on scene in the fire rescue truck. In addition, the officers admitted that they conducted a comprehensive medical check which came back normal. There was no reason to bring the defendant to the hospital. In fact, the defendant was only in the hospital for a total of 37 minutes. There was plenty of time to take the defendant to the breath alcohol testing facility to secure a breath test. Counsel filed a motion to exclude the .257 blood test as a violation of the defendant's 4th Amendment rights. The State conceded the motion and the DUI was completely dropped. Result: The State dropped the DUI. Feb 7, 2024 Case: AGR46XE (23-07384MM) Judge Vaccaro Facts: Police were called to a bar because the defendant was allegedly causing a disturbance and needed to be trespassed. When the officer arrived, he came into contact with the defendant as she was seated in her truck with the engine running. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. She appeared unsteady, swayed, and she was very irate. She agreed to perform only the HGN (eye test) and then refused to perform any further roadside tests. She was then arrested for DUI and later refused a breath test. After her arrest, she was cursing and swearing at the officer the entire ride to the jail. She was also charged with disorderly conduct. Defense: The firm announced ready for trial. On video and prior to her arrest on tape, she was not swaying, nor did she appear unsteady. In addition, her speech was not slurred. In fact, she appeared totally responsive and coherent. It was apparent on tape that the officer was getting frustrated and arrested her simply because she didn't want to perform roadside tests. She was very angry and cursing in the back of the patrol car because she felt she was being wrongly accused. On the day of trial, the State Dropped the DUI and dismissed the disorderly charge. Result: The State dropped the DUI. Feb 7, 2024 Case: 23-CT-012447 Judge Taylor Facts: The defendant was stopped for driving with no lights after dark and an obstructed tag. The officer noticed an odor of alcohol, watery eyes, a blank/dazed stare, and slurred speech. His movements were slow and deliberate, he appeared lethargic, and had fumbling fingers. He performed poorly on field sobriety tests and was arrested for DUI. He later refused a breath test. Defense: After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI. Result: The State dropped the DUI. Feb 7, 2024 Case: 23-CT-015871 Judge Rich Facts: The defendant was the at fault driver in a side swipe crash. When officers arrived, they observed the defendant to have an odor of alcohol, red/watery eyes, and he swayed and stumbled. He refused to perform roadside tests and was arrested for DUI. He later blew a .149 and .147 in the breath machine. Defense: On tape, the defendant requested an independent blood test. When a defendant does that, they must agree to take a breath test to which the defendant did. Under the law, an officer must give them some assistance such as either a cell phone or some means to contact whomever to get that test. Here, the Officer did nothing to assist. Thus, the breath test would have been excluded from evidence. Short of filing a motion to suppress, the State agreed and Dropped the DUI. Result: The State dropped the DUI. Feb 6, 2024 Case: 23-CT-015894 Judge Gutman Facts: The defendant was stopped for driving on a rim without a front tire. The officer noticed an odor alcohol, slurred speech, and watery/glassy eyes. She also appeared unsteady on her feet and admitted to having consumed two drinks. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused a breath test. Defense: After pointing out a lack of probable cause to arrest her based on the video tape evidence, the State Dropped the DUI and the defendant received no penalties other than court costs. Result: The State dropped the DUI. Feb 6, 2024 Case: 23-CT-009398 Judge Conrad Facts: The defendant was stopped for speeding, cutting off another car, and crossing over the fog line markers. The officer observed an odor of alcohol, bloodshot eyes, and a bar bracelet on his wrist. He also had slurred speech. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. Defense: Many written observations in the police reports were contradicted by the video. After conversations with the State regarding the evidence and the defendant, the State Dropped the Defendant's Second DUI. Result: The State dropped the DUI. Feb 1, 2024 Case: 23-CT-015821 Judge Booras Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, slurred speech, and she admitted to consuming beer and whiskey. She swayed while standing. She performed various field sobriety tests and was arrested for DUI. The defendant later refused a breath test. Defense: After reviewing the DUI video, many observations written in the police reports were contradicted by the video tape. Result: The State dropped the DUI. Jan 30, 2024 Case: 23-CT-009564 Judge Gutman Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and she admitted to having drank alcohol. She also had bracelets on her wrist from a bar. She then performed various field sobriety tests such as the one leg stand, walk and turn, and HGN (eye test). She was then arrested for DUI and later refused a breath test. Defense: On tape, the defendant performed very well on the field sobriety tests and we pointed out that there was a lack of probable cause to arrest her. Result: The State dropped the DUI. Jan 30, 2024 Case: 23-CT-014900 Judge Gutman Facts: The defendant was stopped for weaving and following too closely. The officer noticed an odor of alcohol, watery eyes, unstable balance, slurred speech, and he leaned against the car for balance. He performed poorly on the videotaped roadside tests and was arrested for DUI. He later refused a breath test. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Jan 26, 2024 Case: 23-CT-013903 Judge Zuckerman Facts: The defendant was stopped for speeding. It was later determined that she had an expired driver's license. The officer noticed an odor of alcohol, bloodshot/watery eyes, and she admitted to having one drink. She then performed the HGN (eyes test), walk and turn, one leg stand, finger to nose, and the estimation of 30 seconds. She was then arrested for DUI and later refused a breath test. Defense: After several conversations with the prosecutor and their supervisor regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Jan 25, 2024 Case: 23-CT-015790 Judge Bristow Facts: The defendant was stopped for driving very slowly and weaving. The officer noticed an odor of alcohol, slow/slurred speech, and glossy eyes. The defendant had a sway to his stance, a flushed face, and he admitted to having drank four beers. He performed very poorly on the videotaped field sobriety tests and was arrested for DUI. He later refused a breath test. Defense: After speaking with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Jan 23, 2024 Case: 23-CT-016994 Judge Damico Facts: The defendant was stopped by police for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing field sobriety tests, she was arrested for DUI. She later blew a .094 and .096 in the breath machine. Defense: Due to the .02 margin of error in the breath machine, the firm was able to place both breath results below the legal limit. Result: The State dropped the DUI. Jan 23, 2024 Case: 23-CT-002542 Judge Woolsey Facts: The defendant was stopped for weaving. She was drifting from left to right and riding on the fog line. The officer noticed an odor of alcohol, extremely thick tongued speech, and the defendant stated she had been drinking alcohol. She then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI. Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Jan 23, 2024 Case: 23-CT-010270 Judge Conrad Facts: The defendant was stopped for weaving all over the road and speeding. Other cars were honking at him because of the driving pattern. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he had lethargic movements. An open alcoholic container was found in the driver's cup holder. He then performed numerous roadside tasks such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. Defense: After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Jan 22, 2024 Case: 23-CT-502400 Judge Gill Facts: The defendant was the at fault vehicle in a sideswipe traffic crash on Interstate 75. The defendant fled the scene and was eventually caught. Officers noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He stumbled as he walked, swayed, and admitted to having consumed mixed drinks and beers. He then refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also charged with leaving the scene of an accident. Defense: Although the officer had an in-car camera, he never put the defendant in front of the camera so we can truly observe his demeanor and hear him speak. In addition, the officer took an audio recorded statement of the defendant, however, the police never turned it over to the State. Due to the above issues, the State Dropped the DUI. The defendant also received no conviction for the leaving the scene of the accident charge. Result: The State dropped the DUI. Jan 18, 2024 Case: 23-CT-046189 Judge Ingram Facts: The defendant was stopped for having illegal dark tint. Once stopped, the officer observed slow speech, red/bloodshot eyes, and a strong odor of marijuana emanating from the car. He appeared drowsy and fatigued, swayed, and had eyelid tremors. According to the officer, the defendant tried to hide a marijuana blunt in a soda cup in his center console. Believing he was impaired by the marijuana, the defendant performed various field sobriety tests and was arrested for DUI. He later submitted to a urine test which came back positive for marijuana from the lab. He was also charged with felony tampering with evidence for trying to hide/destroy/conceal the blunt. Defense: The firm spoke to the State immediately after the defendant was arrested and convinced them that this was not tampering with evidence,. He never tried to destroy or conceal it as he simply put in a soda cup. The State agreed and never filed the felony charge. Later on, we pointed out that on tape the defendant's normal faculties were not impaired and the officer totally exaggerated the police reports as to the level of impairment. The State agreed and Dropped the DUI to a civil careless driving infraction. Result: The State dropped the DUI. Jan 18, 2024 Case: 23-CF-051444 Judge T. Brown Facts: Police were called to a gas station parking lot because the defendant was found passed out behind the wheel. Once they awoke the defendant, they smelled burnt marijuana emanating from the car, her eyes were watery/bloodshot, very slurred speech, a fixed gaze, and her pupils were dilated. She performed various non-physical roadside tests such as the HGN (eye test), finger to nose, and the alphabet. She was then arrested for DUI and later provided a urine test which came back positive from the lab for marijuana and two other controlled substances. She also was also arrested for Felony possession of controlled substance for a pill found in the car to which she didn't have a prescription for. Defense: When police arrived, she was legally parked in a parking space. The caller was unknown, thus making them anonymous. The officer opened her door without making any DUI observations (i.e., no corroboration of the anonymous tip). For all he knew, she was simply sleeping and not doing anything wrong. By the act of opening her door, we put forth that she was illegally being seized along with other facts like the officer pulled in behind her with police lights. The State Dropped the DUI and she also received no felony conviction the possession charge. Result: The State dropped the DUI. Jan 18, 2024 Case: 23-CT-010586 Judge Rich Facts: The defendant was stopped for speeding and weaving. The officer noticed glassy eyes, slurred speech, and a strong odor of alcohol. The defendant admitted to having drank 1 alcoholic beverage. He performed poorly on roadside and was arrested for DUI. The officer actually believed he was impaired by drugs and requested urine to which the defendant provided a sample. It was then sent to the FDLE lab. Defense: The lab never turned the report over to the State. Thus, the State could not provide it to the defense. Due to the unknown whereabouts of the lab report the State Dismissed the DUI. Result: The DUI was dismissed. Jan 16, 2024 Case: 23-CT-007152 Judge Jewett Facts: The defendant was the at fault driver in a traffic crash. He rearended another car in a parking lot. Officers arrived and noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to being drunk and that he knew he had one too many. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .141 and .142 in the breath machine. Defense: When officers arrived, the defendant was outside his car. After conversations with the State about a lack of a "wheel witness," they Dismissed the DUI. Result: The DUI was dismissed. Jan 11, 2024 Case: 23-CT-044958 Judge Garagozlo Facts: The defendant was involved in a traffic crash. The officer noticed the defendant to have an odor of alcohol, a flushed face, glassy eyes, and a sway to his stance. He performed poorly on the field sobriety tests and was arrested for DUI. He then blew a .237 and .231 in the breath machine. Defense: The firm was able to point out to the state via the evidence that the defendant was not at fault in the crash. The other driver failed to yield and slammed into the passenger side of the defendant's car. After conversations with the State, they Dropped the DUI. Result: The State dropped the DUI. Jan 11, 2024 Case: AI9MIVE Judge Komninos Facts: The defendant was found passed out by police in a parking lot. Upon awakening the defendant, they observed a strong odor of marijuana, watery eyes, and he also had a bong in his hand. In addition, his speech was mumbled, he was lethargic and unsteady, and he also admitted to having smoked marijuana the day before. He then performed various roadside tests such as HGN (eye test) walk and turn, and the one leg stand. He was arrested for DUI and later refused a urine test. Defense: The defendant was simply sleeping in his car in a parking lot. There was no reasonable suspicion of any crime suspected by the officers to legally justify them opening his door. Also, the defendant was not in actual physical control as he had no capability to operate the car as he was sleeping in a parking lot. Result: The State dropped the DUI. Jan 11, 2024 Case: AI9MCYE Judge Lawhorne Facts: The defendant was stopped for driving at a high rate of speed (over the speed limit) and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and a thick/slurred tongue. He was unsteady, staggered, and swayed. According to the DUI officer, he performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test. Defense: The officer who stopped the defendant did not smell any alcohol and did not observe any slurred speech. In fact, he told the DUI officer that he did not think the defendant was signal one (code for DUI). Yet, he was still being unlawfully detained for a DUI investigation. On tape, the defendant was not unsteady, never staggered, and didn't sway. Also, he also performed very well on the field sobriety tests on tape as compared to what was written. The DUI officer was making the defendant out to be a falling down drunk which was the complete opposite of the video tape. Now that the arresting officer's credibility was called into question, as the reports were totally contradicted by videotape, the State Dropped the DUI. Result: The State dropped the DUI. Jan 11, 2024 Case: AI9MANE Judge Lawhorne Facts: The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, glossy eyes, and his speech was delayed and slurred. After performing various roadside tests, he was arrested for DUI. He later refused a breath test. Defense: After conversations the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Jan 11, 2024 Case: AHFCA6E Judge Lawhorne Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, bloodshot eyes, and he admitted to having drank two beers. The defendant then performed the HGN (eye test) and refused to perform any other tests. He was then arrested for DUI and later refused a breath test. Defense: On tape, the defendant's speech was not slurred, he was not off balance, never swayed, walked normally, stepped out of the car normally, and was very polite. After negotiations with the State, they Dropped the DUI. Result: The State dropped the DUI. Jan 9, 2024 Case: 23-CT-010634 Judge Conrad Facts: The defendant was stopped for weaving within her lane, straddling the lane markers, and swerving to avoid a collision with a wall. The officer noticed an odor of alcohol, slurred speech, and she was unsteady. The defendant also vomited in the back seat of the police car. The defendant performed very poorly on field sobriety tests and was arrested for DUI. She later blew a .112 and .113 in the breath machine. Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Jan 9, 2024 Case: 2022CF00226AP Judge Garcia Facts: The defendant was involved in a boating accident resulting in the death of his passenger. Earlier that day it was alleged that the defendant picked up several passengers and proceeded to a popular sandbar. After a few hours, the defendant and his passengers drove to another sandbar closer to home. It is alleged that the defendant was consuming alcohol while on the water. Eventually, the defendant left the sandbar and proceeded to drive towards home. Along the way the vessel allegedly crashed into a channel marker at high-speed, driving several hundred feet into the mangroves. At the same time, the victim was thrown from the boat and subsequently died. As part of the State's evidence, the police recovered all of the electronic data from the boat in an effort to reconstruct the crash. Body worn camera captured the defendant laying bloody in the boat. The initial officer observed several indicators of impairment including slurred speech, bloodshot/watery eyes, as well as a strong odor of alcohol. There were several alcohol "mixers" found in the boat as well. After the defendant was brought to shore he received medical treatment and subsequently air lifted to the hospital. At the hospital, a forced blood draw was performed resulting in a blood alcohol level of .111. The defendant was charged with Boating Under the Influence Manslaughter as well as Reckless Operation of a Vessel Resulting In Death. The defendant was facing 30 years in Florida State Prison. Defense: Parks & Braxton began their independent investigation by taking depositions of all the witnesses that were on the vessel that day. All of the witnesses testified that the victim had been drinking and using drugs throughout the day. Additionally, they stated that at one point the defendant was so intoxicated that he almost fell off the back of the boat while it was in motion. Next, Parks & Braxton took depositions of the fire rescue officers who provided medical treatment onshore. Each witness contradicted the officer's claim that the defendant exhibited several indicators of impairment. The firm then deposed the officer who pulled the data from the boat without a search warrant. The officer provided a federal statute that allowed the officer to pull the data, but not for criminal investigative purposes. Finally, the officers secured the blood test without a search warrant. They alleged that because of the exigent circumstances there was no time to secure a search warrant. However, the independent investigation on the part of the defense clearly revealed that there was plenty of time to apply for a search warrant. In the end, the State Attorney recognized that too much evidence would be lost based on the failure to obtain search warrants. In addition, given the high level of the victim's intoxication, the State could not refute the possibility that the victim either repeated his earlier actions and simply fell off the boat himself or grabbed the wheel which resulted in the crash. The BUI Manslaughter was dismissed. The Reckless Operation of a Vessel Resulting in Death was dismissed. The defendant resolved the case to Misdemeanor Reckless Operation of a Vessel and received no jail. Result: The Boating Under the Influence Manslaughter and Reckless Operation Resulting in Death were Dismissed. Jan 9, 2024 Case: 23-CT-003855 Judge Conrad Facts: The defendant was stopped for speeding, weaving, and almost rear-ending another car. The officer noticed an odor of alcohol, slurred speech, and sluggish movements. She also admitted to having consumed 2 to 3 drinks. After performing various roadside tests such as the walk and turn and one leg stand, she was arrested for DUI and later refused a breath test. Defense: The video contradicted all aspects the officer's reports. The defendant's speech was not slurred and she was not sluggish. She performed much better on the roadside test as was described in the police reports. After negotiations, the State Dropped the DUI. Result: The State dropped the DUI. Dec 21, 2023 Case: 12/21/2023 Judge Garagozlo Facts: The defendant was stopped for following too closely. Officers noticed an odor of alcohol, slurred speech, and he admitted to having consumed several drinks. The defendant then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .140 and .135 in the breath machine. Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Dec 19, 2023 Case: 23-CT-002960 Judge Doyle Facts: The defendant was stopped for turning into the center lane, rather than the right lane which was closest. The officer noticed an odor of alcohol, slow responses, she gave inconsistent answers, and she admitted to having drank 3-4 cans of beer. The defendant performed poorly on field sobriety tests and was arrested for DUI. She later blew a .197 and .198 in the breath machine. Defense: Issues were raised by the firm as to the lawfulness of the traffic stop since no traffic was affected by the turn. In addition, we also raised issues as to whether the officer even had the legal justification to request field sobriety tests as there was no evidence of impairment prior to the request (i.e., no erratic driving pattern, no speech issues, and no balance issues). Result: The State dropped the DUI. Dec 14, 2023 Case: AHPG1KE Judge Croff Facts: Anonymous calls went out over police dispatch about a reckless driver and that the driver (i.e., the defendant) was hitting curbs. Officers located the car and went to check on the driver. The defendant was sitting in her car staring aimlessly at her cell phone which was dead and did not even see the officers approach. Officers noticed an odor of alcohol, bloodshot eyes, and slurred/fast speech. She had a flushed face, staggered while she walked, a blank/dazed expression, and swayed while she stood. She then performed poorly on roadside tests and was arrested for DUI. She later blew a .185 and .168 in the breath machine. Defense: When there is an anonymous tip, police officers need corroboration of that tip to show reliability. The reason being is that anonymous tips are at the low end of the reliability scale. Here, the officers did not observe any driving pattern. (i.e., corroboration). Since the defendant was seized without corroboration, the initial contact and seizure of the defendant was unlawful. Result: The State dropped the DUI. Dec 14, 2023 Case: AI9MCBE Judge Lawhorne Facts: The defendant was stopped for driving over 90 mph and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. His dexterity was also clumsy per the officer. He was immediately arrested for reckless driving and then the officer put a DUI on him later at the station. At the jail, he refused to perform any field sobriety tests or a breath test. Defense: After viewing the defendant's video tape, it was clear that things were not true. For example, on the body worn camera tapes, one officer on scene says to the stopping officer, "he ran red lights too, correct," and the stopping officer stated in response, "I don't know if he ran any red lights." Yet, it was it written in the police reports that he ran a red light. The officers credibility were now called into question. After bringing this to the prosecutor's attention, they Dropped the DUI and also dropped his reckless driving charge to a civil careless infraction. Result: The State dropped the DUI. Dec 14, 2023 Case: 23-CT-010655 Judge Gutman Facts: The defendant was stopped for driving without headlights after dark. The officer observed an odor of alcohol, glassy eyes, and an unsteady stance. He also had a wristband on his hand from a club. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .102 and .096 in the breath machine. Defense: When the defendant blew into the machine, his first result was not a valid sample. However, it showed up as .000, meaning no alcohol. This was brought to the attention of the prosecutor that something may have been wrong with the machine because the defendant performed very well on the field sobriety tests. After conversations with the State, they Dropped the DUI. Result: The State dropped the DUI. Dec 14, 2023 Case: 23-CT-010297 Judge Gutman Facts: The defendant was stopped for weaving, speeding and running a red light. The police officer noticed an odor of alcohol, a flushed face, slurred speech, and he appeared unsteady. He also had a red bar bracelet on his wrist and admitted to having drank alcohol. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Dec 12, 2023 Case: 23-CT-006817 Judge Rich Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and watery/glassy eyes. He also had fumbling fingers and used his hands to climb out of the car. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. Defense: The firm pointed out to the State, that on video, the defendant's normal faculties were not impaired. His speech was not slurred and he performed excellently on the roadside tests. The State agreed and Dropped the DUI. The defendant received no criminal conviction and no further penalties other than court costs. Result: The State dropped the DUI. Dec 12, 2023 Case: 23-CT-007813 Judge Rich Facts: The defendant was stopped for drifting within his lane, fluctuating speeds, following too closely, and rapidly changing lanes. The officer noticed an odor of alcohol, red/watery eyes, and fumbling fingers. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI. Defense: Many of the observations written in the police reports were contradicted by the video tape. The firm had conversations with the prosecutor and they Dropped the defendant's Second DUI. Result: The State dropped the DUI. Dec 11, 2023 Case: 23-CT-013524 Judge Damico Facts: The defendant was found parked with her car halfway into a lane of travel and the other half on a shoulder. When an officer approached, he noticed an odor of alcohol and she stated she had drank "two beers." She also had slow/slurred speech, a flushed face, and she kept repeating the same statements. She then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and estimation of 30 seconds. She was subsequently arrested for DUI and later refused a breath test. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Dec 11, 2023 Case: 23-CT-013882 Judge Damico Facts: The defendant was stopped for speeding. He was pace clocked by the officer at 125 mph in a 70 mph zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He stated that he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He performed poorly and was arrested for DUI. He later attempted to blow into the breath machine, but kept stopping and then blowing so the police could not get two valid samples. Since he would not blow properly as instructed, it was marked as a refusal. Defense: After conversations with the State about the defendant and the evidence, the State Dropped the DUI. Result: The State dropped the DUI. Dec 7, 2023 Case: 23-CT-032722 Judge T. Brown Facts: The defendant crashed his truck into a wooded area. When officers arrived on scene, they noticed an odor of alcohol, slurred speech, and he swayed. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .132 and .131 in the breath machine. Defense: When officers arrived, the defendant was seen walking down the road. Upon contact with the defendant, he denied being the driver. Officers then spoke to a witness to the crash, but he couldn't identify the defendant as the actual driver. The State had a problem placing the defendant as the driver. Result: The State dropped the DUI. Dec 7, 2023 Case: 23-CT-035729 Judge T. Brown Facts: The defendant was the at fault driver after crashing into several large barricades. When officers stopped the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He also had a flushed face, admitted to having drank four beers, and a sway while standing and walking. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .156 and .140 in the breath machine. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Dec 7, 2023 Case: 23-CT-044028 Judge Silverman Facts: The defendant was found by police unconscious in his car with the car in drive and his foot on the brake. Officers attempted to awake the defendant and even had to break the window. They noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Dec 7, 2023 Case: 23-CT-039341 Judge Silverman Facts: The defendant was stopped for having an empty license plate space on the rear of the vehicle and crossing over into the solid white bike lane. The officer observed an odor of alcohol, glassy eyes, and an open Corona beer was found in the cup holder. After performing various field sobriety tests, he was arrested for DUI. He blew under the legal limit in the breath machine so the officer requested a urine test. The defendant complied and the FDLE lab report showed positive results for amphetamines, benzos, and marijuana (all controlled substances). Defense: The defendant did not make any statements about taking any drugs. The State could not prove that he was under the influence of those drugs at the time of the incident as they could have previously been in his system. The State Dropped the DUI and he received no criminal conviction. Result: The State dropped the DUI. Dec 7, 2023 Case: 23-MM-043998 Judge Atkin Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they didn't smell any alcohol, but noticed her reactions were slow and deliberate and her voice was low and raspy. The defendant stated she takes Adderall (a CNS stimulant). Believing she was under the influence of drugs, she was asked to perform field sobriety tests such as HGN/VGN (eye test, walk and turn, and a one leg stand. She refused to submit to a urine sample, but agreed to submit to a DRE (drug recognition evaluation). The defendant was subsequently arrested for DUI. Defense: The firm has a copy of the police DRE manual. We compared many of the observations made by the initial arresting officer as well as the DRE officer to the manual. They observed many things which were inconsistent with someone who is under the influence of a CNS stimulant (i.e., Adderall). In fact, many observations were consistent with someone who is under the influence of a CNS depressant which would have the exact opposite effect. After conversations the State, they Dropped the DUI. Result: The State dropped the DUI. Dec 6, 2023 Case: 23-CT-008203 Judge Taylor Facts: The defendant was stopped for driving with no lights and almost striking another vehicle. The officer noticed an odor of alcohol, she admitted to having drank whiskey, had watery eyes, and slurred speech. She then performed poorly on the field sobriety tests such as the one leg stand and walk and turn. She was arrested for DUI and later refused a breath test. Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. Result: The State dropped the DUI. Dec 6, 2023 Case: 23-CT-006812 Judge Taylor Facts: The defendant was stopped for driving with an inoperable tag light. The officer noticed an odor of alcohol and bloodshot/watery eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. Defense: There was no reasonable suspicion of a crime (i.e., evidence of impairment) to even lawfully justify requesting field sobriety tests. In addition, there was no probable cause to even arrest him because he performed the roadside tests almost perfectly on tape. The State Dropped the DUI and the defendant received no penalties other than court costs. Result: The State dropped the DUI. 3386 results found. Viewing page 2 of 34. Go to page 1 2 3 4 5 6 7 . . . 30 31 32 33 34 Next