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DUI Wins

Our Recent DUI Victories

The following is a list of the firm's most recent DUI wins.
Parks & Braxton provides the case number, the judge's name, as well as the date the DUI was won for authenticity purposes.
Oct 3, 2023 Case: 23-CT-006122 Judge Farr

The defendant was found passed out in her car in the middle of the road. The gear shift was in drive and her foot was on the brake. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and she admitted to having consumed alcohol. On tape, her speech was very slurred. She then refused to perform any roadside tests and was arrested for DUI. She later refused a breath test.

After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Oct 3, 2023 Case: 23-CT-005697 Judge Farr
The defendant was stopped for repeatedly weaving from side to side, driving under the speed limit, and also drifting over the lane markers. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Many observations on the field sobriety tests were contradicted by the video tape.

The State dropped the DUI.

Oct 3, 2023 Case: 23-CT-008126 Judge Farr
The defendant was stopped for weaving, fluctuating speeds, and following too closely. The officer noticed an odor of alcohol, red eyes, and he appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .125 and .123 in the breath machine.

The firm pointed out to the State that on three separate occasions interferent was detected on the breath machine when the defendant blew just prior to getting the .125 and .123. Thus, the breath test results may have been compromised by unknown interferent.

The State dropped the DUI.
Sep 28, 2023 Case: AGR3VYE Judge Lawhorne
The defendant was stopped for weaving. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He was also sweating, unsteady, swaying, and staggering. The defendant admitted to having consumed two beers. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
The firm pointed out to the State that almost everything the officer wrote was contradicted by the videotape. His speech was not mumbled, he was not off balance or unsteady, and he did much better on the field sobriety tests than as written. The State agreed and Dropped the DUI.
The State dropped the DUI.
Sep 27, 2023 Case: 23-CT-028195 Judge T. Brown
The defendant was stopped for running a red light and not wearing a seat belt. The officer noticed an odor of alcohol, glossy/bloodshot eyes, and slurred speech. He also appeared confused and stated he had drank two beers. The defendant only performed the HGN (eye test) and then refused all further roadside tests. He was arrested for DUI and later refused a breath test.

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

The State dropped the DUI.
Sep 27, 2023 Case: 23-CT-026155 Judge T. Brown
The defendant was observed staggering towards her car after exiting a bar. The defendant had her keys in her hand and then stepped into her car. Officers immediately requested her to step out. The observed her stagger, lean against the car for balance, and then they smelled an odor of alcohol. The also observed glassy eyes, dilated pupils, mumbling speech, and a flushed face. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
There was no reasonable suspicion of a crime justifying ordering her out of her car. Officers actually let her get into her car and had no clue why she was staggering. All the DUI observations were made after they illegally ordered her out of the car. Also, she was not in actual physical control because she had no "capability" to operate the car as she tossed the keys onto her passenger seat and the offices didn't even give her a chance to start the car.

The State dropped the DUI.

Sep 27, 2023 Case: 23-CT-006133 Judge Taylor
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. He later refused a breath test.

On video tape, the defendant did not appear off balance or unsteady prior to roadside tests and his speech was not slurred. We also pointed out to the State that he had difficulty with the walk and turn and one leg stand exercises because he is 6 foot 4 and well over 230 pounds,. After negotiations, the State Dropped the DUI.

The State dropped the DUI.
Sep 15, 2023 Case: 23-CT-007931 Judge Rich

The defendant was stopped after the officer observed her strike two curbs and failing to maintain a single lane. Once stopped, he did not smell any alcohol, but noticed glassy eyes, slow/belabored movements, unsteadiness, and she admitted to taking her prescribed medications. Believing she was impaired by drugs, she then performed various field sobriety tests such as HGN (eye test), the walk and turn, and one leg stand. She was then arrested for DUI and later refused a urine test.

The defendant admitted to taking two medications. One was a controlled substance, and one was not. The statement about the controlled substance was made in violation of her Miranda rights after she was arrested, in custody, and in the back of the police car. That drug she had admitted to taking was in a class of controlled substances called CNS Stimulants. The officer's observations of slow/belabored movements, as well as getting HGN (i.e. nystagmus in her eyes), was inconsistent with one who is under the influence of a stimulants. On the other hand, it would be consistent with the exact opposite, CNS Depressants. The State agreed that her statement was taken unlawfully. Without that statement, the State could not prove by which specific controlled substance was allegedly impairing the defendant pursuant to Florida Statute 316.193 (the DUI statute). The State then Dismissed the DUI.
The DUI was dismissed.
Sep 14, 2023 Case: 23-CT-003248 Judge Bristow
The defendant was stopped after he was driving at a high rate of speed, making a wide turn, swerving, and almost colliding with other cars. The officer observed an odor of alcohol, he stated he had consumed 4 gin and tonics, and he also had red/glassy eyes. The defendant also appeared drowsy and looked like he was going to fall asleep. He performed poorly on roadside tests and was arrested for DUI. He later blew a .196 and .198 in the breath machine.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 8, 2023 Case: 23-CT-019984 Judge Atkin
The defendant was the at fault driver in a rear end crash. When officers arrived, they did not notice any odor of alcohol, but did observe a drowsy face, slow motor movements, and slow/slurred speech. He was also swayed, staggered, stumbled, and had bloodshot eyes. Believing he was impaired by drugs, he then performed various roadside tests. He performed poorly and was arrested for DUI. He later provided a urine test which came back from FDLE positive for Xanax.
The firm provided a prescription for the medication to the State. Although it is not a defense simply to have a prescription, it did help in our negotiations.

The State dropped the DUI.

Sep 8, 2023 Case: 23-CT-014955 Judge Baker
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, bloodshot/watery eyes, and she was sarcastic and angry. She was also observed to have stumbled. After performing field sobriety tests, she was arrested for DUI. She later refused a breath test.

The firm pointed out to the State that nothing can be heard on tape because the officer had his car radio blasting music. Additionally, we also pointed out that the defendant never stumbled and also performed much better on the roadside tests on the video versus what was written in the police reports.

The State dropped the DUI.
Sep 7, 2023 Case: A76XDAE Judge Cuervo
The defendant was the at fault driver in a rear end traffic crash. Officers observed an odor of alcohol, a flushed face, and glassy eyes. Her speech was slurred and she appeared unsteady and off balance. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
After conversations with the State regarding the evidence, the State agreed to Drop the DUI.
The State dropped the DUI.
Sep 7, 2023 Case: 22-CT-004058 Judge Green
Police were called to a parking lot to do a welfare check. The caller was concerned because the male (i.e. the defendant) inside the truck was vomiting and extremely intoxicated. When the officer arrived, he noticed the defendant asleep in the driver's seat with the door open. There was a fresh pile of vomit outside the driver's side door. The keys to the truck were located on the driver's side front floorboard. Upon awakening the defendant, the officer noticed an odor of alcohol, slurred speech, bloodshot eyes, beers in the truck, and the defendant was extremally unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.
After numerous negotiations short of jury trial, the State agreed they could not prove that the defendant was in actual physical control. He clearly had "no capability" to operate the truck as he was asleep, the door was open, and the keys were on the floorboard. He even told the cop that he was trying to do the right thing by not driving.
The State dropped the DUI.
Sep 5, 2023 Case: 22-002853MM10A Judge Francois
The defendant was stopped for speeding and abruptly stopping at a red light. The initial officer observed a strong odor of alcohol and an open bottle of Corona in the front seat. A DUI officer was called to the scene to conduct a series of field sobriety exercises. At this time the defendant jumped back into his car and locked his arms around the steering wheel. The defendant began cursing at the officers. Ultimately, he was physically removed from his car. The defendant then performed and failed the HGN (eye test), walk and turn, as well as the one leg stand. He was subsequently arrested for DUI and refused a breath test. He was charged with both DUI as well as Resisting Without Violence.
The information that the officers provided in their reports was inconsistent with both the video in the case as well as the client's version of the case. After pointing out the discrepancies to the prosecutor, they agreed to drop the DUI as well as the Resisting without Violence charges. The defendant walked away with no conviction on his record for anything.
The State dropped the DUI.
Sep 5, 2023 Case: 23-CT-006426 Judge Rich
The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, a blank/dazed stare, and poor coordination. He also observed fumbling fingers, slow/deliberate movements, and the defendant admitted to having drank two to three beers. After performing various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn, he was arrested for DUI. He later refused a breath test.
Many observations written in the reports were contradicted by the video tape. After conversations with the State regarding the conflicts in the evidence, the State Dropped the DUI.

The State dropped the DUI.

Sep 5, 2023 Case: 23-CT-000726 Judge Rich
The defendant was stopped for speeding (89 mph in a 50 mph zone). The officer noticed an odor of alcohol, slurred speech, and a flushed face. He appeared confused, unsteady, and admitted to drinking. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.

On tape, the defendant's speech was normal, he was not unsteady, and did not appear confused. The State, after reviewing the evidence, Dropped the DUI.

The State dropped the DUI.
Aug 31, 2023 Case: 23-CT-003727 Judge Rich
The defendant was stopped for speeding. The officer noticed an odor of alcohol and glassy/watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. Believing he was on drugs as well, he was asked for a urine test to which he refused.
The firm pointed out that that based on the police reports and video tape evidence, there was no probable cause to arrest the defendant for DUI. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs.
The State dropped the DUI.
Aug 31, 2023 Case: 23-CT-006042 Judge Rich

The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant denied drinking any alcohol. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. He was then arrested for DUI and later refused a breath test.

The firm pointed out to the State that there was a lack of proof based on the evidence that the defendant's normal faculties were impaired. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs.
The State dropped the DUI.
Aug 31, 2023 Case: 23-CT-002464 Judge Rich
The defendant was stopped after she was swerving, straddling the lane markers, driving at a high rate of speed, and breaking abruptly. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and she admitted to having consumed two drinks. After performing several field sobriety tests, she was arrested for DUI. She later refused a breath test.
After conversations the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 31, 2023 Case: 23-CT-004820 Judge Rich
The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and red/glassy eye. She also appeared unsteady on her feet. She then performed various roadside tests and was arrested for DUI. She later blew a .193 and .182 in the breath machine.
The defendant blew numerous times into the machine and there were a few invalid samples called VNM (volumes not met). After conversations with the State about the reliability of her breath test results, the State Dropped the DUI.
The State dropped the DUI.
Aug 28, 2023 Case: 23-CT-001200 Judge Krause
The defendant was stopped for speeding on his motorcycle. The officer noticed an odor of alcohol, bloodshot/dilated eyes, and he stumbled. He exhibited slurred/drawn speech, appeared sluggish, and showed various mood swings. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.

When a defendant refuses roadside tests, an officer must advise of the adverse consequences if one refuses (i.e. Taylor warnings). If they do not, the refusal will be excluded from evidence. Here, the officer did not follow the law and gave no adverse consequences. In addition, on tape, the defendant's speech was not slurred and he did not appear off balance.

The State dropped the DUI.
Aug 28, 2023 Case: 23-CT-500928 Judge Gill
The defendant was stopped for speeding, making unsafe lane changes, and failing to stop at a red light. The officer observed an odor of alcohol, slurred speech, and a carefree attitude. His eyes were bloodshot and watery, and there was vomit inside the car. The defendant did not listen to various commands given by the officer. He was then asked to perform various field sobriety tests to which he refused. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.

There was no video in the case. After pointing out several inconsistencies in the reports to the prosecutor, the State Dismissed the defendant's Second DUI.

The DUI was dismissed.
Aug 25, 2023 Case: AGP07KE Judge Komninos

The defendant was stopped after he was observed drifting from side to side over the lane dividers several times. He also cut off another car which caused that car to brake and he also drove over the raised concrete median. Officers observed an odor of alcohol, he had slow/lethargic movements, and his eyes were bloodshot and watery. The defendant stated he had drank gin and was he was unsteady and swayed. A bottle of vodka was found in the car as well. He performed poorly on roadside tests and was arrested for DUI. He later blew a .132 and .130 in the breath machine.

After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 25, 2023 Case: AGR41NE Judge Komninos
officer located the car at a gas pump. The officer went up to the car and saw the defendant sitting in the driver's seat. The officers noticed an odor of alcohol, slurred speech, and a flushed face. Her clothes were soiled, she staggered, and was unsteady. She stated she had consumed two mixed drinks. She refused to performed field sobriety tests and was arrested for DUI. She later refused a breath test.

When the officer approached the defendant, her keys were in her lap and the engine was off. Issues were raised by the firm whether or not the State could prove she was in actual physical control. The State agreed and Dropped the DUI.

The State dropped the DUI.
Aug 23, 2023 Case: 23-CT-007154 Judge Taylor

The defendant was stopped for running a red light, weaving within his lane, and driving over the line markers several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He then performed several roadside tests and was arrested for DUI. He later refused a breath test.

Many observations that the officer made were contradicted by the video tape. After several conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 23, 2023 Case: 23-CT-005113 Judge Taylor

The defendant was found passed out in his car. The officer noticed an odor of alcohol, slurred/mumbled speech, unsteadiness, and he admitted to having drank 4 to 5 shots of whiskey. He was completely disoriented as well. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .137 and .134 in the breath machine.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 23, 2023 Case: 21-005980MU10A Judge Lerner-Wren
The defendant was involved in a crash with a police officer on the interstate. The defendant stated that he failed to slow down and subsequently collided with the marked police cruiser. A DUI investigating officer arrived on scene and observed an odor of alcohol, bloodshot eyes and constricted pupils. The defendant was read his Miranda warnings and changed his story several times. He performed the HGN (eye test), walk and turn test, as well as the one leg stand on video. However, because of the nature of the crash and position of the vehicles, it was difficult to see the details of the defendant's performance. The defendant was arrested for DUI and subsequently refused a breath test. The defendant had another DUI pending when this arrest occurred.
Because the video was unclear regarding the defendant's performance on the field sobriety tests, Parks & Braxton filed a motion to depose the officers involved. On separate occasions the arresting officer failed to appear. Parks & Braxton filed a motion for rule to show cause requiring the officer to come into court and explain why he failed to appear. Counsel filed a motion to exclude the arresting officer as a witness in the case. The motion was granted. All of the officer's observations including the roadside exercises and refusal to submit to a breath test were excluded from court.
The DUI was dismissed.
Aug 22, 2023 Case: 23-CT-000907 Judge Culver
The defendant was stopped after he was observed driving westbound in the eastbound lanes. He also hopped a grass median. Upon contact, the officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, appeared disoriented, was repeating himself, and was argumentative. After refusing to perform roadside tests, he was arrested for DUI. He later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 11, 2023 Case: 23-CT-025252 Judge Silverman
The defendant was stopped for drifting over the center dotted lines, driving on the fog line, and drifting side to side continuously. The officer conducted a traffic stop and noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was repeating herself. She then performed various roadside tests. For example, on the one leg stand, she put her foot down 3 times and raised her arms for balance. On the walk and turn, she stepped off the line, raised her arms for balance, and took an incorrect number of steps. She was arrested for DUI and later refused a breath test.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 10, 2023 Case: AGR42XE Judge Lawhorne
The defendant was stopped for speeding. He was going 93 mph in a 50 mph zone. The officer noticed an odor of alcohol, a slight slur to his speech, and he struggled to divide his attention. He appeared unsteady, staggered, and swayed. He then performed various roadside tests and was arrested for DUI. He later blew a .092 and .091 in the breath machine.
On tape, the defendant did not slur words, was not unsteady or off balance, and never staggered. In addition, due to a .02 margin of error, the firm was also able to take the defendant's breath results below the legal limit of .08.
The State dropped the DUI.
Aug 10, 2023 Case: 23-CT-002556 Judge Rich
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he was unsteady. The defendant refused to perform field sobriety tests and was arrested for DUI. It should be noted that he attempted to blow but only provided one invalid sample of a .237. It was called a refusal because he was not blowing properly in the breath machine.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-018688 Judge Ingram
The defendant was stopped after making an improper turn and almost causing a collision. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He swayed while he stood, swayed while walking , and admitted to having drank alcohol earlier. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Under Florida Statute 316.1932, a defendant cannot be asked for a breath test, nor read implied consent, until after being placed under arrest for DUI. Here, the officer requested a breath test and read implied consent on tape prior to arresting the defendant. In addition, on tape, his speech was normal and he was not swaying. The State Dropped the DUI down to a Civil Careless Driving infraction.
The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-016275 Judge Ingram

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he stated he had consumed three beers. He also swayed while he stood. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI.

After negotiations, the firm pointed out that on tape none of the defendant's normal faculties were impaired and there was no probable cause to arrest him for DUI. The State agreed and Dropped the DUI. He received no conviction in his record.

The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-013443 Judge Ingram
The defendant was stopped for swerving and having an expired tag. The officer observed an odor of alcohol, an odor of marijuana, and red/glossy eyes. He also had slurred speech, swayed while he stood, and had a hard time following simple instructions. The officer also noticed a pink tube with a smoked blunt in the car. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .123 and .118 in the breath machine.
The firm pointed out that on tape no one can see how the defendant actually performed on the roadside tests. The officer's camera only showed the defendant from the waste up on the walk and turn and one leg stand.
The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-024399 Judge Ingram
The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and lethargic movements. The defendant fumbled and dropped his belongings. He also got out of the car slowly and appeared unsteady. He then performed various roadside tests and was arrested for DUI. He later refused a breath test.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-024474 Judge Ingram
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, he admitted to having consumed three vodka drinks, and had bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later blew a .089 and .085 in the breath machine.
Issues were raised by the firm as to the lawfulness of the traffic stop. We pointed out a lack of specifics regarding the alleged weaving such as the number of times, time frame, and distance. The State, after several conversations, Dropped the DUI.
The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-001231 Judge Farr
The defendant was stopped for speeding and drifting. The officer an noticed an odor of alcohol, a blank/dazed stare, and droopy eye lids. He also had slurred speech, watery/bloodshot eyes, and poor coordination. His movements were lethargic, he appeared tired, and also appeared confused. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Many of the observations listed above were contradicted by the video tape. The defendant did not exhibit poor coordination, his speech was not slurred, and he did not appear confused. The State Dropped the DUI. It should be noted that the firm also got the defendant's first DUI dropped a couple of years ago.
The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-000581 Judge Farr
The defendant was stopped for speeding and causing another car to take evasive actions in order to avoid a crash. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .144 and .140 in the breath machine.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-002550 Judge Farr
The defendant was stopped for traveling the wrong way on a one-way street. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank two beers. After performing various roadside tests, he was arrested for DUI. He later refused a breath test.
After negotiations regarding the evidence just prior to trial, the State Dropped the DUI.
The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-001561 Judge Woodard
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and bloodshot eyes. The defendant stated that he had consumed two mixed drinks. The defendant performed various roadside tests such as the walk and turn, one leg stand, and finger to nose. The officer also performed the HGN (eye tests) and estimation of 30 seconds. The defendant was arrested for DUI and later refused a breath test.

Many of the details of the field sobriety tests were exaggerated in the reports as compared to the video tape.

The State dropped the DUI.
Jul 27, 2023 Case: AFLPTCE Judge Croff
The defendant was stopped for drifting over the lane markers and speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had a blank expression. After performing various roadside tests such as the walk and turn and one leg stand, he was arrested for DUI. He later refused a breath test.
After several negotiations with the State regarding the defendant the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jul 27, 2023 Case: 22-MM-016196 Judge Mckyton
The defendant was observed docking his boat. Officers approached the boat to do a safety inspection. Once approaching the defendant, they noticed an odor of alcohol and he admitted to having drank earlier. They also noticed bloodshot eyes and slurred speech. He was then asked to perform various field sobriety tests such as the finger to nose, palm pat, and another coordination exercises due to him just getting off a boat. He was then arrested for Boating Under the Influence (BUI). He later refused a breath test. This was the defendant's Second DUI (BUI) and he was also charged with a Second refusal to submit to a breath test.
Under Florida law, a defendant cannot be asked to take a breath test prior to being arrested for either Boating or Driving under the influence. Here, on video tape, the officer requested a breath test prior to the defendant being arrested. In addition, they told him his prior refusal would not count against him because it was over three years old. That is a misstatement of the law. Thus, the refusal to take a breath test would have been excluded from evidence. The State then Dismissed the refusal charge. In addition, on tape his speech was not slurred and his roadside tests were better than as described in the reports. The State agreed and Dropped the Boating Under the Influence charge.
The State dropped the DUI.
Jul 18, 2023 Case: 22-CT-502572 Judge Swett
The defendant was involved in a crash while on his motorcycle. He was hit so hard he went airborne. The people who hit him left the scene and were never caught. Officers came in contact with the defendant in the ambulance. They noticed an odor of alcohol and slow/slurred speech. The defendant was injured and had gashes to his head. He was taken to a hospital. There, after being treated, he refused to provide a blood sample. The State later requested his medical records which revealed a blood alcohol content at a level of .295 (over three times the legal limit).
Prior to trial, discussions were held with prosecutor. We pointed out that he was not at fault and the people who hit him left. In fact, the police were so concerned with the defendant's DUI, they made no effort to go after the people who fled the scene. Also, officers wrote that the witness to the crash saw the defendant on the bike (i.e. the wheel witness). That was not true as she stated on video that she did not know if he was driving the bike at all and only saw it as it went airborne. Furthermore, the officer was actually asking the defendant to perform roadside tests at the hospital with giant gashes on his head. The State analyzed the case after our discussions about the above issues and many others. They then Dismissed the Case.
The DUI was dismissed.
Jul 13, 2023 Case: 22-002551MU10A Judge Francois
The defendant was first observed seated in his car outside of his residence. The officers initially made contact with him in an effort to serve a restraining order. After making contact with the defendant the officers observed a bottle of Jack Daniels that was almost empty. In addition, they observed a strong odor of alcohol, bloodshot eyes and extremely slurred speech. The two officers on scene then called for a DUI task force officer. During the DUI investigation the defendant performed the HGN (eye test), walk and turn, as well as the one leg stand exercises. The defendant performed poorly on all of the exercises. The entire investigation was captured on video. He was arrested and refused to submit to a breath test. This was his second DUI.
Parks and Braxton took depositions of the officers involved in the investigation. The officers were unable to explain why the defendant was sitting in his parked car outside of his residence. Given the fact that they were there to serve a restraining order each witness agreed that it was reasonable to assume he was trying to avoid conflict with his wife who was inside. As a result, Parks & Braxton was able to demonstrate a necessity defense. The necessity defense means that despite the fact that the defendant was impaired inside the vehicle, he was doing so to in order to avoid a more dangerous situation inside the residence with his wife. The state agreed and dropped the DUI.
The State dropped the DUI.
Jul 11, 2023 Case: AGOUWEE Judge Lawhorne
The defendant was found passed out in his running vehicle at an intersection. Paramedics were on scene as well to assist. Officers noticed an odor of alcohol, he admitted to having drank hard seltzers, and he had difficulty answering questions. He had bloodshot eyes, appeared drowsy, and his face was flushed. He performed poorly on roadside tests. For example, on the walk and turn, he missed heel to toe, incorrectly turned, and stopped walking to regain balance. On the one leg stand, he put his foot down and failed to count as instructed. He was then arrested for DUI later blew a .122 and .117 in the breath machine.

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

The State dropped the DUI.
Jul 11, 2023 Case: AGOUW4E Judge Lawhorne
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he admitted to having drank beer. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and he was not off balance at all. There was also a lack of probable cause to arrest based on a lack of impairment.
The State dropped the DUI.
Jul 11, 2023 Case: AFWDCWE Judge Lawhorne
Officers were dispatched to a person down call. Call notes showed people were knocking on the windows to wake up the driver (i.e. the defendant). When the officer arrived, he saw two individuals standing outside the driver's window and were flagging him down. The defendant then pulled away almost striking the officer's vehicle. The officer then observed the defendant driving over the white dash marks. A traffic stop was conducted. The officer noticed an odor of alcohol, glassy eyes, a flushed face, and his pupils were constricted. He also had a blank stare. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, none of the alleged driving pattern was captured on tape. In addition, on tape, he stepped out of the car normally, walked normally, talked normally, and appeared totally responsive and coherent. The prosecutor reviewed the tape after our discussions and they Dropped the DUI.
The State dropped the DUI.
Jul 7, 2023 Case: 22-CT-041799 Judge Garagozlo
The defendant was stopped for speeding as he was traveling 70 mph in a 35 mph zone. He was also weaving on video tape back and forth. Officers observed an odor of alcohol, bloodshot eyes, and he was sweating. He swayed while he stood and walked slowly. He then performed the walk and turn, one leg stand, and HGN (eye test) exercises. He was arrested for DUI and later refused a breath test.
After conversations with the State, we pointed out that many observations describing the defendant's roadside tests were over exaggerated and contradicted by the videotape. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jul 7, 2023 Case: 22-CT-057550 Judge Garagozlo
The defendant was stopped for speeding as he was traveling 95 mph in a 45 mph zone. The officer noticed an odor of alcohol, thick tongue/slurred speech, and bloodshot eyes. He stumbled while exiting the car and swayed while he stood. The defendant then performed poorly on the HGN (eye test) and after beginning the walk turn, he refused to continue and was then arrested for DUI. He later refused a breath test.
After negotiating with the State about the evidence and the defendant, the State agreed to Drop the DUI.
The State dropped the DUI.
Jul 7, 2023 Case: 23-CT-015363 Judge Garagozlo
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred/slow speech, and gassy/watery eyes. He was slow to exit the car, stumbled out, and walked slowly after dropping his phone. He performed poorly on roadside tests and was arrested for DUI. He later blew a .165 and .165 in the breath machine.
After negotiating with the State about the case, they Dropped the DUI.
The State dropped the DUI.
Jul 7, 2023 Case: 23-CT-500938 Judge Gill
Officers were called out due to an alleged traffic crash. The defendant's car was found resting over a parking curb stuck in place. Officers noticed the defendant to have thick tongue/slurred speech, he appeared sleepy, and he also looked clumsy. He was also observed to stumble, almost fall, sway, and stagger. The defendant told police he was on his way to drive to Kentucky. A bottle of vodka was found in the car next to the driver's seat. He refused to do any roadside tests and also refused to take a breath test. This was Not the defendant's first DUI arrest.
When a defendant refuses to perform roadside tests, they must be warned of the adverse consequences for refusing. If not, the refusal will be excluded from evidence. Here, the officer did not follow the law and there were no consequences given. Thus, the refusal to do roadside tests would have been excluded. In addition, under Florida Statute 316.1932(1), a breath test can only be requested after one is arrested for DUI, not before. Here, the officer requested a breath test prior to arrest. Thus, the refusal to provide a breath test would have been excluded as well. In addition, in order for the State to prove a DUI under Florida Statute 316.193, a defendant must be impaired by alcohol and/or a specific controlled or chemical substance. One cannot just be impaired by "something" like a bad banana. Here, there was no odor of alcohol detected and the defendant made no statements about taking any drugs. Based on the totality of problems the firm presented to the State about the weaknesses in their case, with everything above being captured on video, they agreed and the DUI was Dismissed.
The DUI was dismissed.
Jul 6, 2023 Case: 21-005878MU10A Judge Gottlieb

The defendant was stopped for failure to maintain a single lane. Specifically, the deputy claimed that she drove into the bike lane on three occasions. The deputy observed an odor of alcohol, bloodshot eyes as well as slurred and mumbled speech. The defendant admitted to consuming two drinks. She performed field sobriety tests on video, and was subsequently arrested for DUI. She then refused to provide a breath test.

Parks and Braxton completed a deposition of the arresting deputy. Ultimately, the video was completely inconsistent with the deputy's conclusions. Specifically, his description of the walk and turn test as well as the one leg stand test in no way matched his body worn camera. It was clear that she refused to submit to the breath test because she no longer trusted the deputy after he placed her under arrest for DUI. The DUI was dropped. She has no conviction for any offense on her record.
The State dropped the DUI.
Jul 5, 2023 Case: 20-008348MU10A Judge Francois
The defendant was observed running a stop sign while driving at a high rate of speed. During the driving pattern he almost collided with the officer, and continued for approximately a half a mile before pulling over. The officer immediately noticed slurred speech, bloodshot eyes, and a strong odor of alcohol. He was asked to provide his driver's license. Instead, he handed the officer a credit card. The defendant stated he had two bourbons and apologized for almost hitting him. The defendant refused to perform any sobriety tests and was arrested for DUI. An inventory search of the car revealed a cooler with beer, as well as a bottle of Patron. The defendant refused a breath test.

Despite the language in the police reports, the video was inconsistent with the report’s conclusions. Counsel spoke with the prosecutor in charge of the case who then agreed to drop the DUI. The defendant walked away with no criminal conviction on his record.

The State dropped the DUI.
Jul 5, 2023 Case: 22-010523MU10A Judge Lerner-Wren
The defendant was involved in a single car accident. On video, he advised that this was the first time he drove an electric vehicle and the car accelerated by itself and hit the curb. The crash investigator stated that the defendant used her patrol car to keep himself upright. On video, he appeared a bit slow and sluggish. The officers all observed an odor of alcohol, bloodshot eyes as well as slurred speech. In plain view, the car had empty wine glasses in the center console as well as a shot glass on the floor. The defendant refused to perform any field sobriety tests including the breath test. He was arrested for DUI.
Parks and Braxton filed several motions to exclude evidence based on a series of violations of our client's rights. For example, the officer asked for a breath test prior to placing the defendant under arrest which is unlawful. In addition, the defendant made efforts to coerce the defendant to perform field sobriety tests by telling him his license would be suspended if he refused. Again, this is a misstatement of law. Finally, Parks & Braxton filed a motion to suppress based on a lack of probable cause. On the day of the hearing the prosecutor conceded the motions and dropped the DUI.
The State dropped the DUI.
Jun 30, 2023 Case: 23-CT-019950 Judge Atkin

The defendant was stopped for failure to maintain a single lane. The officer noticed an odor of alcohol, bloodshot eyes, and clumsy dexterity. He had to lean against the vehicle for support and also had fumbled movements. He then performed various roadside tests. For example, on the walk and turn, he was very off balance, took an incorrect number of steps, and started too early. On the one leg stand, he put his foot down, swayed, and used his arms for balance. He was arrested for DUI and later blew .128 and .119 in the breath machine.

The details of the stop were only vaguely described and had hardly any details of the alleged driving pattern. Thus, the firm called into question the lawfulness of the traffic stop. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Jun 29, 2023 Case: 23-CT-000694 Judge Poblick
The defendant was the at fault driver in a rear end crash. Both vehicles had overturned as well. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he appeared unsteady. There was an open bottle of beer in the defendant's truck as well. He refused to perform the roadside tests and was arrested for DUI. He later refused breath test.

When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. After several conversations with the prosecutor, the State Dropped the DUI.

The State dropped the DUI.
Jun 29, 2023 Case: 23-CT-001989 Judge Gutman

The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, slurred speech, a flushed face, trouble dividing his attention, and he swayed while he stood. He performed poorly on several roadside tests. For example, on the walk and turn, he went back up the line walking backwards. He was arrested for DUI and later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 29, 2023 Case: 23-CT-022407 Judge Silverman
The defendant was stopped for driving too slowly and swerving back and forth. The officer observed an odor of alcohol, rambling speech, and he had gait ataxia. He also appeared drowsy and had glassy eyes. He then performed roadside tests such as the one leg stand, walk and turn, and HGN (eye test). He was arrested for DUI and later blew a .228 and .218 in the breath machine.
The firm spoke to the prosecutor on numerous occasions regarding the defendant and the evidence.
They then Dropped the DUI.
Jun 28, 2023 Case: 23-CT-001059 Judge Taylor
The defendant was stopped for speeding and tailgating. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She also had difficulty dividing her attention. She then performed various field sobriety tests and was arrested for DUI. She later blew a .169 and .156 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-013515 Judge Taylor
The defendant was stopped for failure to maintain a single lane and affecting the general flow of traffic. The officer noticed an odor of alcohol, a red face, slurred speech, watery/glassy eyes, and he was unsteady on his feet. The defendant only performed the HGN (eye test), refused all further roadside tests and was then arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and he was not unsteady. After several conversations with the prosecutor, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-011039 Judge Taylor
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and an unstable balance. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI. This was the defendant's Third DUI arrest.
The officer over exaggerated the defendant's level of impairment in his reports. The reports were contradicted by the video. The State Dropped the DUI. It should be noted that the firm also represented her on her last DUI and it was also Dropped.
The State dropped the DUI.
Jun 28, 2023 Case: 23-CT-001587 Judge Taylor
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, a red face and fumbling fingers. He also stated he had drank a couple of drinks earlier in the day. After performing roadsides, he was arrested for DUI. He later blew a .131 and .129 in the breath machine.

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

The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-017275 Judge Taylor
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes and he admitted to having drank and smoked pot earlier. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.

The defendant performed much better on the field tests on tape than was written in the reports. After reviewing the case, the State agreed and Dropped the defendant's Second DUI.

The State dropped the DUI.
Jun 27, 2023 Case: 23-CT-010613 Judge Musselman

The defendant was stopped for driving with her high beams on as well as weaving. The officer noticed an odor of alcohol, a disheveled appearance, and glassy eyes. Her speech was mumbled and she also swayed. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .120 and .117 in the breath machine.

After several conversations and negotiations with the State, the State Dropped the DUI.
The State dropped the DUI.
Jun 23, 2023 Case: 22-CT-013498 Judge Zuckerman
The defendant was stopped for having no tag lights. The officer noticed an odor of alcohol, bloodshot eyes, and he had a sway to his stance. He admitted to having drank two beers. He then performed various roadside tests such as HGN (eye test), walk and turn, one leg stand, and estimation of time. He was then arrested for DUI and later refused a breath test. This was the defendant's Second refusal to take a breath test and he was also charged with Second refusal.
On tape, the officer is heard on his radio and seen on his body worn camera calling for a tow truck prior to the defendant even competing the field sobriety tests. This was brought to the State's attention. In other words, he made up his mind without even giving the defendant a fair shot. The tow truck and even be seen arriving while he was finishing the estimation of time test. The State Dropped the DUI and dismissed the refusal charge.
The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-004725 Judge Booras
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slightly slurred speech, and his eyes appeared tired and glassy. The defendant appeared unsteady, slightly swayed back and forth, and stated he drank a few beers. The defendant then performed various roadside tests and was arrested for DUI. He then blew a .098 and .097 in the breath machine.

In conversations with State, we pointed out that due to the .02 margin of error in the breath machine, it placed the defendant's breath alcohol results below 08.

The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-000956 Judge Farr
The defendant was stopped for driving the wrong way down a one-way street. The officer noticed an odor alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank four glasses of wine and the officer also observed vomit on the driver's side door and on the floorboard of the car. After performing field sobriety tests, she was arrested for DUI. She later blew a .139 and .137 in the breath machine.

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

The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-001310 Judge Farr
The defendant was the at fault driver in a rear end crash and then slid into a tree. Officers noticed the defendant to have an odor of alcohol, pinpoint pupils, and bloodshot eyes. He also had unsteady balance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and he was only off balance because he twisted his ankle during the crash. After several conversations with the prosecutor, the State Dropped the DUI.
The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-000617 Judge Grey
The defendant was stopped for leaving the roadway multiple times and almost hitting an electrical pole. The officer noticed an odor of alcohol, a red/flushed face, slurred/mumbled speech, and watery eyes. His movements were extremely slow and he fumbled while locating his items. The defendant admitted to having drank two beers and his coordination was clumsy. After performing poorly on the field sobriety tests, he was arrested for DUI. He later refused a breath test.
Many observations written in the reports were over-exaggerated and contradicted by the officer's body worn camera. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jun 21, 2023 Case: 23-CT-017614 Judge Musselman
The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, slurred/fast speech, and droopy eyelids. The defendant admitted to having drank a Mike's Hard Lemonade and an open container of said alcohol was found in the car. He also admitted to taking his prescribed narcotic medicines in the morning and was very unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath and urine test.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 21, 2023 Case: 23-CT-003680 Judge Moses-Stephens
The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, glassy eyes, and he admitted to having one drink. The defendant then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Many observations on the video contradicted the written reports. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Jun 20, 2023 Case: AGR3M1E Judge Lawhorne

The defendant was stopped for swerving several times all over the lanes of travel. The officer noticed an odor of alcohol, watery/glassy eyes, and mumbled/slow speech. He also swayed side to side and admitted to having a drank at the Card Room. After performing several roadside tests, such as the walk and turn and one leg stand, he was arrested for DUI. He later refused a breath test.

After several conversations with the State regarding the evidence such as the police reports and videotape, the State Dropped the DUI.
The State dropped the DUI.
Jun 16, 2023 Case: 22-CT-002525 Judge Burns
The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, slurred speech, a flushed face, and glossy eyes. The defendant admitted to having drank one shot of Crown Royal and two White Claws. She was then asked to performed roadside tests to which she refused. She was then arrested for DUI. She later refused a breath test. This was the defendant's Second DUI in less than five years.
When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and she never appeared off balance or unsteady. After several conversations with the prosecutor, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jun 15, 2023 Case: 22-CT-030828 Judge Silverman
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/red eyes, and she stated she had drank two Corona beers. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI and later refused a breath test.
Prior to trial, the firm pointed out that none of the defendant's normal faculties were impaired. The State agreed and Dropped the DUI down to a Civil Careless Driving infraction.
The State dropped the DUI.
Jun 15, 2023 Case: 23-CT-013432 Judge Silverman
The defendant was stopped for crossing over lane markers (i.e. weaving). The officer noticed an odor of alcohol, slurred speech, watery/glossy eyes, and slurred speech. His movements were slow and lethargic, he was slow to exit the car, and he swayed while he stood. After refusing to perform field sobriety tests, he was arrested for DUI. He later blew a .173 and .156 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 15, 2023 Case: 23-CT-003229 Judge Damico

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, red eyes, and he stumbled while walking. He performed poorly on the roadside tests such as the finger to nose, alphabet, and one leg stand. He was then arrested for DUI and later blew a .191 and .175 in the breath machine.

After several conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Jun 14, 2023 Case: 22-CT-014598 Judge Weis
The defendant was the at fault driver in a crash whereby he ran a stop sign and hit another car. The officer noticed an odor of alcohol, slurred speech, he stumbled, had bloodshot eyes, and appeared unsteady. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences.
The State dropped the DUI.
Jun 13, 2023 Case: 22-CT-014039 Judge Gutman
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech and red/glassy eyes. She also stated that she had two drinks. After performing field sobriety tests, she was arrested for DUI. She later blew a .137 and .121 in the breath machine.
After several conversations with the state regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Jun 13, 2023 Case: 22-CT-014074 Judge Gutman
A call went out to police from the defendant's family that she was missing. An officer spotted the defendant in her truck in a parking lot. The keys were in her possession, she was asleep, and the car was off. Officers noticed an odor of alcohol and vomit on the ground. She then was asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused a breath test.
The defendant was not in actual physical control as she was sleeping, the car was off, and in a parking lot. She had no "capability " to operate the car.
The State dropped the DUI.
Jun 12, 2023 Case: 21-CT-007287 Judge Bennett for Judge Grode - JURY TRIAL
The defendant was stopped for speeding, failing to maintain a single lane, jerking the wheel, and flashing his high beams on and off. The officer noticed an odor of alcohol, slurred speech, and he struggled to retrieve his driver's license. He appeared to have a diminished capacity to utilize fine motor skills, almost fell while picking up his wallet he dropped, and used his truck to maintain balance. He also stumbled and fell against the driver's side of the truck. He then performed the walk and turn and one leg stand. On the walk and turn, he never touched heel to toe, used his arms for balance, and stepped off the line. On the one leg stand, he could not complete the exercise past the number four due to severe balance issues. He was then arrested for DUI and later refused a breath test.
The firm announced ready for trial. At jury trial, we pointed out there was no video and that all the jury had to rely upon was the testimony of one officer. There was no dash camera, no body worn camera, and no other video or audio devices used. The officer testified that there was no policy preventing them from the videotaping. However, neither the arresting officer, nor three backup officers on scene, chose to even pull out a cell phone to video tape the investigation. In addition, the officer wrote two reports. The first report contained nothing about weaving, using high beams, slurred speech, or stumbling and falling. In his second report, written some time later, he added all those observations. He was impeached as to the difference in the reports. The Jury took only ten minutes to find the defendant Non Guilty.
The Jury found the defendant NOT GUILTY.
Jun 8, 2023 Case: AGR3RLE Judge Komninos

The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, and she appeared unsteady. She also appeared unsure and swayed while she stood. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test) and was subsequently arrested for DUI. She later refused a breath test.

Many of the written observations prior to and during roadside tests were contradicted by the video tape.

The State dropped the DUI.

Jun 8, 2023 Case: A6SA81E Judge Komninos
The defendant was found passed out by fire rescue. They had to assist the defendant out of the vehicle due to his intoxication level. Officers noticed an odor of alcohol, bloodshot eyes, and thick tongued speech. The defendant admitted to drinking alcohol and stated he was hammered. No field sobriety tests were conducted for the defendant's safety. He later refused a breath test.
Since no officer saw the defendant behind the wheel and there was no crash, the arrest was unlawful under Florida Statute 901.15. That statute states that in a misdemeanor case, the officer must observe every element of the crime (i.e. driving or in actual physical control).
The State dropped the DUI.
Jun 8, 2023 Case: AGR3YDE Judge Komninos
The defendant was stopped for having no headlights or taillights on after dark. The officer noticed an odor of alcohol, watery eyes, disheveled clothing, and his pupils were constricted. His speech was slurred and he used the car for support. He then performed various field sobriety tests and was arrested for DUI. He later blew a .138 and .136 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 7, 2023 Case: 23-CT-027235 Judge Garagozlo

The defendant was stopped for failure to yield while pulling out of a parking lot. The officer noticed an odor of alcohol, bloodshot eyes, a red face, and slurred speech. The defendant stated he had consumed two drinks. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later refused a breath test.

The firm spoke to the prosecutor after watching the video tape. Not one of the defendant's normal faculties were impaired and there was no probable cause to arrest him. The State agreed and Dropped the DUI to a Civil Careless Driving Citation with no points and no conviction.
The State dropped the DUI.
Jun 7, 2023 Case: 21-018010MU10A Judge Gottlieb

The defendant was involved in a crash. The 911 caller indicated that the defendant struck a parked car, an electric pole as well as two mailboxes. The initial deputy on scene observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, he stated that she was extremely incoherent. The defendant was subsequently taken to the hospital due to the severity of the crash. A DUI task force officer was called to conduct a DUI investigation. The officer arrived at the hospital and made contact with the defendant in one of the trauma rooms. After speaking with the defendant, the officer asked the defendant to perform field sobriety tests within the emergency room. Body-worn video captured the defendant's poor performance on the sobriety tests. The defendant was charged with DUI and subsequently refused a blood test.

Parks & Braxton filed a motion to suppress based on the unlawful detention of the defendant within her emergency trauma room. On video you can see the defendant's back to the officer. He enters the room without a warrant or consent from the client and begins his DUI investigation. On the stand the officer was unable to testify approximately how long the defendant was to remain in the hospital. The Supreme Court has indicated that the longer a person remains in the hospital room the greater the expectation of privacy that person would have. We expect doctors and nurses to enter our emergency room. However, we do not expect law enforcement to enter the room. As a result, the Judge agreed that our client had an expectation of privacy within her hospital trauma room. The officer never had permission to enter the room. He certainly never acquired a warrant to enter the room. All of the evidence was excluded from trial.
The DUI was dismissed.
Jun 6, 2023 Case: 22-CT-100228 Judge George

The defendant was stopped for accelerating at a high rate of speed and changing lanes from a left turn only to drive north. Officers noticed the defendant to have constricted pupils, a flushed face, and his speech was low and slow. His coordination was poor and the defendant stated he had only taken his prescribed medications, Hydrocodone and Adderall. There was no odor of alcohol. Believing he was impaired by drugs, he was requested to perform field sobriety tests. He performed poorly and was arrested for DUI. He later provided a urine sample which came back positive for the Adderall and also marijuana. At the station, he also submitted to a DRE (drug recognition exam).

The DRE officer concluded that the defendant was under the influence of a class of drugs called narcotic analgesics, as well as an amphetamine. Well, the defendant told them he had taken the amphetamine (i.e. Adderall), so that was not a strong conclusion. Hydrocodone is a narcotic analgesic. The defendant tested negative for that so the DRE was wrong. This was pointed out to the State. Also, the officer never concluded marijuana. Marijuana can be in one's system for up to 30 days. The defendant told the cops he had taken the Adderall that morning as prescribed. He told them he had been working on roofs all day and was not impaired. The day of trial call, the State Dropped the DUI.

The State dropped the DUI.
Jun 6, 2023 Case: 22-CT-016874 Judge Conrad
The defendant crashed her car into a guardrail causing damage. When the officer arrived, she was passed out. The officer had to bang on the door and yell at the defendant to get her to wake up. Once awoken, the officer noticed an odor of alcohol, bloodshot eyes, and mumbled/slurred speech. She appeared confused and failed to listen to the officer's commands. She refused to perform roadside tests and was arrested for DUI. She later refused a breath test.
One could not hear anything the officer, nor the defendant were saying on tape because the officer had his car radio blasting talk radio. After negotiations regarding the lack of audio evidence, the State Dropped the DUI.
The State dropped the DUI.
Jun 5, 2023 Case: 23-CT-000124 Judge Bryson
The defendant was pulled over for running a red light. The officer noticed an odor of alcohol and bloodshot eyes. The defendant stated he had drank one beer and two shots. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
The firm pointed out to the State that based on the defendant's performance on the roadsides on tape, there was no probable cause to believe he was impaired. The State watched the video at our request and agreed. They then Dropped the DUI.
The State dropped the DUI.
Jun 1, 2023 Case: 23-CT-019977 Judge Atkin

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed while he stood. He then performed field sobriety exercises such as the HGN (eye test), walk and turn, and one legs stand. He was then arrested for DUI.

After viewing the video in discovery, the firm contacted the State. We pointed out that none of the defendant's normal faculties were impaired and that his roadside tests were almost perfect. We stated that was no probable cause to even arrest him. The State agreed and Dismissed the DUI.
The DUI was dismissed.
May 31, 2023 Case: 22-CT-016419 Judge Farr
The defendant was stopped for driving with no lights after sunset. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and lethargic movements. The defendant then performed various roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI and he was also charged with Second refusal for not taking a breath test.
On tape, the defendant performed very poorly on the field sobriety tests such as the walk and turn and one leg stand. However, prior to the roadsides, none of his normal faculties were impaired. Our argument to the State was that the roadside tests are not normal activities. The State Dropped the defendant's Second DUI and he also received no further penalties on the refusal charge.
The State dropped the DUI.
May 31, 2023 Case: 22-CT-015976 Judge Farr
The defendant was stopped for speeding. The officer noticed an odor of alcohol, red/bloodshot eyes, and his balance was unsteady. There was also a strong odor of marijuana coming from the defendant's person. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After several conversations with State regarding the evidence, they Dropped the DUI.

The State dropped the DUI.

May 31, 2023 Case: 22-CT-015443 Judge Farr

The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, slow/slurred speech, watery eyes, and unsteady balance. The defendant performed very poorly on the field sobriety tests and was arrested for DUI. She later refused a breath test.

Prior to trial, the firm provided medical documentation to the State from the defendant that the defendant suffered head injuries during the accident. Thus, there was doubt as to whether she was impaired by alcohol versus impairment because she was injured in the crash.
The State dropped the DUI.
May 30, 2023 Case: 21-003436CF10A Judge Kollra
The defendant was involved in a serious rear end collision resulting in several victims, including one driver who was in a Coma. The officers on scene made contact with the defendant and observed a strong odor of alcohol, unsteadiness on his feet, slurred speech, bloodshot eyes as well as a flushed face. The defendant performed and failed a series of field sobriety tests on video, including the walk and turn, one leg stand as well as the HGN (eye test), and was arrested for DUI Serious Bodily Injury as well as five (5) other counts of DUI with Injury and Property Damage. The defendant had a .147 blood alcohol level. The defendant scored between 24 months to 7 years in Florida State Prison.

Parks & Braxton received a list of over 60 witnesses. In addition, we received several hours of body worn camera footage which included witness statements, the DUI investigation, as well as the hospital video with the defendant. The initial investigation by the police seemed to conclude that the defendant was driving at a high rate of speed and ultimately rear ended the victim who ended up in a coma. Parks & Braxton then began taking depositions of the State's witnesses. It soon became evident that many of the witnesses who gave sworn statements on video only heard the crash as it happened and didn't actually see the initial contact. In addition, Parks & Braxton was able to recreate the crash and prove that the victim first hit another car and then spun out into the middle of the roadway in front of the defendant's vehicle. Ultimately, the two crash investigators on scene agreed in deposition that the victim was the at fault driver in the crash. The felony DUI Serious Bodily Injury was dismissed. Four of the other DUI Injury and Property Damage counts were dismissed. The defendant received a misdemeanor DUI with probation.

The DUI with Serious Bodily Injury was Dismissed. Four (4) other counts of DUI Injury and Property Damage were Dismissed.

May 25, 2023 Case: 21-002211MU10A Judge Francois
The defendant was found asleep parked in between two pumps at a gas station. The keys were in the ignition and the engine was running. The initial officer spoke with the employees inside the gas station and then made contact with the driver. The officer knocked on the window for a couple of minutes before the defendant woke up. The officer told the defendant to turn the car off and exit the vehicle. The officer observed an odor of alcohol, slurred speech, bloodshot eyes as well as a flushed face. In addition, the defendant was wet near the crotch and waistband area. A subsequent officer was called to the scene to conduct a DUI investigation. She asked the defendant for his driver's license and he handed over his garage door remote. The DUI officer began explaining the investigation to the defendant. The defendant made an aggressive move towards the officer and was then placed under arrest for DUI. The defendant subsequently refused to submit to a breath test.
Parks & Braxton took the deposition of the two officers. The initial officer admitted that despite the defendant's condition he was unaware that the defendant was impaired prior to asking the defendant to turn off the vehicle. In addition, once the officer admitted to speaking with the gas station employees first, he couldn't then back track and say that he thought the defendant was possibly sick or injured. Parks & Braxton filed a motion to suppress based on an unlawful detention. Specifically, the officer testified that until he made physical contact with the defendant he agreed that there was no traffic infraction, no reasonable suspicion of a crime, and no reasonable belief that the defendant needed emergency assistance. On the morning of the motion, the prosecutor agreed to drop the DUI. The defendant walked away with no conviction on his record.
The State dropped the DUI.
May 24, 2023 Case: 23-CT-000154 Judge Dekleva
The defendant was stopped as he was observed hugging the lane markers from one side to another and also abruptly changing lanes. The officer observed an odor of alcohol, bloodshot/glassy eyes, and his speech was thick tongued. He had a strong smell of cologne and his mouth was very dry as he had to lick his lips numerous times. He denied having anything to drink, however, later he stated he had drank a beer. He then performed the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and later refused a breath test.
The firm raised issues as to the lawfulness of traffic stop due the lack of specifics provided regarding the driving pattern.
The State dropped the DUI.
May 24, 2023 Case: 23-101730MMDL Judge C. Miller
The defendant was stopped after being observed with his tires well past the stop bar. The officer noticed an odor of alcohol, slightly slurred speech, and glassy eyes. The defendant denied drinking and then later stated he had drank beer. After performing various field sobriety tests, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
The officer had no clue how to position his body worn camera. When the defendant was performing the walk and turn, no one could see his legs from the knees down. Thus, no one could see if he was touching heel to toe or if he was stepping off the line. On the one leg stand, we could not see from the knees down as well. Again, no one could see whether he actually put his foot down. After speaking with the State, they Dropped the DUI.
The State dropped the DUI.
May 23, 2023 Case: 23-CT-001509 Judge Conrad
The defendant was stopped for driving on the rim of her car. Officers noticed an odor of alcohol, glassy eyes, and an unsteady stance. The defendant stated she had consumed two vodkas. She then performed various roadside tests and was DUI. She later blew a .149 and .141 in the breath machine.
After negotiating with the State regarding the evidence, they Dropped the DUI.
The State dropped the DUI.
May 23, 2023 Case: 22-CT-017772 Judge Farr
While the defendant's boyfriend was being detained, the defendant tried to drive off. Officers had told her do not drive away because she had been drinking. Once they stopped her, they noticed an odor of alcohol, glassy eyes, and slurred speech. She was also unsteady. After performing various roadside tests, she was arrested for DUI. She later blew a .179 and .178 in the breath machine.
Officers had no legal basis after only limited observations of the defendant to justify ordering her to not drive. The State agreed and Dropped the DUI.
The State dropped the DUI.
May 23, 2023 Case: 23-CT-002299 Judge Conrad
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, red eyes, and slurred speech. The defendant admitted to having drank three beers and a shot. After performing field sobriety tests, he was arrested for DUI. He later blew a .124, .102 and .105 in the breath machine.
The first time the defendant blew, there were issues with the first two samples. The second time, they then got three samples instead of the required two. The firm raised reliability issues with the State about the breath results and the machine.
The State dropped the DUI.
May 19, 2023 Case: 22-CT-053369 Judge Silverman
The defendant tried to negotiate a curve too fast and lost control. He then crashed his car over a cement median divider and ended up in grass ditch line. His car damaged trees, as well as being destroying itself. When officers arrived, they noticed the defendant to have an odor of alcohol, stuttering speech, and bloodshot eyes. He had to lean against things for balance. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
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