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DUI Wins

Our Recent Victories

Feb 1, 2023 Case: 22-CT-012838 Judge Gutman
The defendant was stopped for making erratic lane changes and speeding. Officers noticed bloodshot eyes, droopy eyelids, and slurred speech. He also had body tremors and had difficulty concentrating. He then performed various field sobriety tests such as HGN (eye test), one leg stand, and walk and turn. He was arrested for DUI and later refused a urine test. Police found marijuana and a glass smoking bowl in the car post arrest.

Even though they found marijuana,. the State could not prove he was impaired by the marijuana. Officers noticed nystagmus in the defendant's eyes on the HGN (eye test). When one is under the influence of marijuana, there will be no nystagmus.
The State dropped the DUI.
Feb 1, 2023 Case: 22-CT-012839 Judge Gutman
The defendant was found passed out in his car. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Due to a lack of probable cause to arrest based on the body worn cameras, the State Dropped the DUI.
The State dropped the DUI.
Jan 31, 2023 Case: 21-012381MU10A Judge Lerner-Wren
The defendant was involved in a crash whereby she crashed her car into the cement median on the highway. Florida Highway Patrol made contact with the defendant and observed a strong odor of alcohol, bloodshot eyes and a flushed face. After completing the initial crash investigation, the Trooper advised the defendant that he was now conducting a criminal investigation for DUI. The defendant presented a confused look throughout the conversation. While the alcohol and drug influence report indicated that the defendant had slurred speech, the Trooper testified differently in a sworn deposition. The defendant refused to participate in any field sobriety tests and was arrested for DUI. She subsequently refused a breath test.
Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest the defendant. In addition, the firm filed a second motion alleging that the refusal to submit to a breath test should be excluded as a violation of Florida Statute 316.1932. The Trooper testified in the hearing that the observations he observed were also consistent with an individual who was just involved in a crash. Ultimately, he testified that he could not confirm that the impairment that he witnessed was from alcohol. The motions were both granted and all of the evidence was excluded.
The DUI was dismissed.
Jan 31, 2023 Case: 22-CT-011805 Judge Farr
The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and he made unusual statements. After performing roadside tests, he was arrested for DUI. Believing he was impaired by drugs, the defendant provided a urine sample which came back from FDLE positive for marijuana.
The State could not prove he was impaired by the marijuana because it could have been in his system for up to 30 days.
The State dropped the DUI.
Jan 30, 2023 Case: 22-CF-002086 Judge Riba
The defendant was stopped after she failed to move over for a firetruck and police vehicles. She was speeding, straddling the lane markers, and nearly hit a firefighter and an officer. It took a while for the defendant to stop even after sirens were activated. Once stopped, officers observed glassy eyes, mush mouthed speech, and she used profanities toward the officers. Her movements were clumsy and she was very unsure in her movements. There was no odor of alcohol. Believing she was impaired by drugs, the officers requested her to perform field sobriety tests to which she refused. She was then arrested for DUI and later refused a breath test. This was the defendant's Fourth DUI and she was charged with a Felony DUI.
Under Florida law, to prove DUI under 316.193 (Florida Statutes), the state must prove that a defendant was impaired by alcohol and/or a chemical and/or a controlled substance. Prior to trial, the firm took pretrial depositions of the two officers. At depo, the firm got both officers to state that they had no idea what was allegedly impairing the defendant, nonetheless a specific chemical substance under chapter 877 of the Florida Statutes or a controlled substance under 893 of the Florida Statutes. The State Dropped the Defendant's Felony DUI and she received no penalties other than court costs.
The State dropped the DUI.
Jan 27, 2023 Case: 22-CT-028493 Judge Musselman
The defendant was stopped for running a stop sign, weaving, and almost crashing into a police car. The officer who conducted the stop noticed an odor of alcohol, bloodshot eyes, and slurred speech. His movements were slow, lethargic, and he stumbled. 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.
Many observations on tape contradicted the reports. On tape, his speech wasn't slurred and he never stumbled. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 26, 2023 Case: 21-CT-003177 Judge Doyle
The defendant was observed by civilians swerving all over the road and speeding. He eventually crashed his car into a utility pole. Officers arrived on scene and did not smell alcohol, but observed slurred speech, watery/glassy eyes, and he was unsteady. He also had to lean against the car for balance and was slow to respond to questions. Believing that he was impaired by drugs, he was requested to perform roadside tests to which he refused. He was then arrested for DUI and later refused a breath and urine test.
Under Florida law, to be guilty of DUI under Florida Statute 316.193, a defendant must be impaired by alcohol and/or a chemical and/or a controlled substance. One cannot just simply be "impaired by something." Here, the defense filed a motion for statement of particulars to find out what the state was alleging by what specific chemical and/or controlled substance was allegedly impairing the defendant. Not being able to respond, the State Dropped the DUI the week before trial and the defendant received no conviction.
The State dropped the DUI.
Jan 24, 2023 Case: 22-CT-043562 Judge Garagozlo
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he had drank beer. He then performed various roadside tests such as the HGN (eye test), finger to nose, walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
On tape, the defendant’s speech was not slurred and he performed better on the field sobriety tests than written. There was a lack of probable cause to arrest.
The State dropped the DUI.
Jan 24, 2023 Case: AEBMJPE Judge Lawhorne
The defendant backed her car up in a parking lot and crashed into a fire truck. When officers arrived, they noticed the defendant to have an odor of alcohol, slow movements, and slurred speech. She swayed while she stood and had bloodshot eyes. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused the breath test.
The video tape contradicted the officer's reports. For example, on tape she never swayed and her speech was normal.
The State dropped the DUI.
Jan 24, 2023 Case: AFLPJEE Judge Croff
The defendant was found passed out in his truck while stopped in the road and slightly in a bus lane. The defendant's head was in his hands and saliva was on his jeans. He appeared disoriented, had an odor of alcohol, droopy eyes, mumbled speech, and a dazed look. He then began to vomit in front of the officer for about a minute. During roadside tests, he had an uncomprehending expression and performed poorly. He was arrested for DUI and later blew a .137 and .136 in the breath machine.

After discussions with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jan 23, 2023 Case: 22-CT-017325 Judge Bristow
The defendant was stopped for failing to maintain a single lane and driving too slow. Officers observed the defendant to have an odor of alcohol, thick/slurred speech, and glassy eyes. He was unsteady on his feet and admitted to having drank two glasses of wine. He performed very poorly on the roadside tests. For example, he could not state the alphabet correctly and could not follow the simplest of instructions on the finger to nose exercise due to is intoxication level. He was then arrested for DUI and later blew a .231 and .224 in the breath machine.
After several conversations with the prosecutor about the facts and the defendant himself, the State Dropped the DUI.
The State dropped the DUI.
Jan 23, 2023 Case: 22-CT-013868 Judge Bristow
The defendant ran off the road and crashed her car into a fire hydrant. When officers arrived, they noticed the defendant to have an odor of alcohol, slow/slurred speech, and she was staggering. There was a container with whiskey found in the car as well. She then performed various field sobriety tests and was arrested for DUI. She later blew a .178 and .171 in the breath machine.
The defendant's airbags deployed due to the hard impact. After being hit in the head with airbags, the officer still had her do the walk and turn and one leg stand exercises. There were doubts raised as to whether her impairment at the scene was caused from the accident versus alcohol.
The State dropped the DUI.
Jan 20, 2023 Case: 22-CT-029775 Judge Silverman

The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, but officers observed the defendant to have constricted pupils, lethargic movements, and slow/raspy speech. The defendant stated that she takes a variety of medicines, all prescribed. Believing she was impaired by drugs, she then performed various field sobriety tests. She was then arrested for DUI and later provided a urine sample. The sample came back from FDLE with positive results for amphetamines and Xanax.
The accident happened on the defendant's way home from work. She hadn't taken any medicines since the morning and was not impaired. Her performance on the roadside tests on tape showed a lack of probable cause. The State agreed and Dropped the DUI to a Civil Careless Driving Infraction.
The State dropped the DUI.
Jan 20, 2023 Case: 22-CT-019340 Judge Silverman
The defendant was stopped for swerving and causing other drivers to avoid contact. There was no odor of alcohol, however, officers noticed a flushed face, slow movements, bloodshot eyes, and mood swings. The defendant stated she had taken her prescribed medications. Due to physical limitations, she was given alternative roadside tests which did not involve walking or standing on one leg. She was then arrested for DUI and later provided a urine test which was analyzed by FDLE. It came back positive for controlled substances. This was the defendant's Second DUI.
The defendant was prescribed all the medications that she tested positive for. Many of the observations written in the police reports were contradicted by the videotape. The State agreed and Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 18, 2023 Case: 22-CT-001452 Judge Crown
The defendant was stopped for speeding, driving with one headlight, and driving in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and difficulty with comprehension. His speech was slurred and he repeated the same questions to the officer. A Modelo beer was also found in the car. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.

Under Florida law, an officer must advise a defendant of adverse consequences if a defendant refuses to perform field sobriety tests. If they do not, the defendant's refusal would be excluded from evidence. Here, the defendant was not advised of any consequences.
The State dropped the DUI.
Jan 13, 2023 Case: 22-CT-041834 Judge Atkin
The defendant was stopped for driving with no taillights. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. There was an open container of alcohol in the car and the defendant's movements were slow. The defendant also leaned against the car for balance. After performing various field sobriety tests, he was arrested for DUI. He later refused a breath test.
Due to contradiction between the videotape and the police reports, there was a lack of probable cause to arrest the defendant.
The State dropped the DUI.
Jan 12, 2023 Case: AEBMKTE Judge Hessinger
The defendant was stopped for a tag violation. The officer noticed an odor of alcohol, slurred/slow/mumbled speech, and lethargic movements. The defendant denied drinking any alcohol. She fumbled with her documents and had a flushed face. The officer also noted that she swayed, staggered, and appeared unsteady. After refusing to perform any roadside tests other than HGN (eye test) , she was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The firm pointed out to the State, that on tape, her speech was normal and she was not off balance in any way. She never stumbled, swayed, or fumbled with anything. The State Dropped the Defendant's Second DUI.
The State dropped the DUI.
Jan 12, 2023 Case: AEBMTKE Judge Szematowicz
The defendant was stopped after he pulled out of a strip club parking lot and didn't stop before entering the roadway. Officers immediately stopped him. They observed an odor of alcohol, a dazed expression, and he was slow to answer questions. He swayed while he stood and had bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
The firm took a pretrial deposition of the officer who initiated the traffic stop. After questioning the officer under oath, it was apparent that the lawfulness of the stop was in question due to no traffic or pedestrians being affected.
The State dropped the DUI.
Jan 12, 2023 Case: A777BEE Judge Croff

The defendant was stopped for weaving and driving with no headlights. The officer observed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and later refused a breath test.
After several talks with the prosecutor about the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jan 12, 2023 Case: 22-CT-015225 Judge Damico

Police were called as the defendant's car was stuck in a drainage ditch. The officer noticed an odor of alcohol, red eyes, and she had stated she had consumed a few vodka drinks at the club. She then performed various roadside tests such as the walk and turn, finger to nose, and alphabet. She was then arrested for DUI and later blew a .181 and .167 in the breath machine.
After several conversations with the State about the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Jan 11, 2023 Case: 22-CT-008908 Judge Farr

The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, droopy eye lids, and a flushed face. He also had bloodshot eyes and appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Everything the officer wrote was exaggerated and contradicted by the video tape. For example, his speech was not slurred, he was not unsteady, and performed much better on the field sobriety exercises than as described. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jan 11, 2023 Case: 22-CM-005754 Judge Farr

The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank vodka. He 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 refused a breath test.

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

The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-000997 Judge C. Wish
The defendant crashed his car and ended up stuck on top of a concrete barrier. Officers observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and very slurred speech. The defendant had an unsteady gait. 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.
The firm pointed out to the State that all the defendant's statements on video were taken in violation of his Miranda rights and in violation of the accident report privilege. In addition, the DUI officer asked the defendant to perform a DUI investigation. The defendant kept asking her to explain what that was exactly and she never explained anything. In other words, she never told him she wanted him to specifically do field sobriety tests. In addition, the officers were rude and aggressive on tape for no reason towards the defendant.
The State Dropped the defendant's Second DUI.
Jan 10, 2023 Case: 22-CT-047984 Judge Jacobus
The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two shots and exhibited balance issues. In the middle of the walk and turn exercise, the defendant refused to continue and was arrested for DUI. She later refused the breath test This was the defendant' Second DUI arrest.
Many observations written in the reports were contradicted by the videotape.
The State Dropped the defendant's Second DUI.
Jan 10, 2023 Case: 22-CT-038083 Judge Jacobus
The defendant was stopped after an officer noticed the defendant stopped in the road. As the officer attempted a traffic stop, the defendant pulled away but was stopped eventually. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He also swayed and stumbled while outside his car. He performed poorly on roadside tests and was arrested for DUI. He later refused a breath test.
The officer stated that he conducted the traffic stop due to the defendant obstructing the roadway. However, there was no traffic on the road. The lawfulness of the traffic stop was called into question. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-039066 Judge Jacobus
The defendant was found passed out in his car at a Circle K gas station. A concerned citizen caller dialed 911 after spotting the defendant. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was arrested for DUI. He later blew a .214 in the breath machine, but then refused to provide a second sample as required by law, so it was labeled as a refusal.
There was no reasonable suspicion of a crime to order him out of the car once it was determined he was simply sleeping.
The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-039061 Judge Jacobus

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his pupils were small. The defendant stated he had drank beer, exited the vehicle slowly, and appeared unsteady on his feet. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .105 and .105 in the breath machine.
After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
The State dropped the DUI.
Jan 6, 2023 Case: 22-CT-501091 Judge Gil
A call went out over 911 that the defendant was involved in a domestic disturbance with a female on the beach. The complainant stated that there was screaming and whimpering and that the male (i.e. the defendant) had forced the female to the beach. Officers located the defendant driving away and conducted a traffic stop. They observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. While outside the car, the defendant swayed and stumbled. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
When a call is anonymous, there must be corroboration by the police of the act in order to conduct a traffic stop. Here, there was no attempt to make contact with the caller and there was not even an erratic driving pattern, nonetheless any corroboration of a domestic disturbance, so the traffic stop was illegal. The State agreed with the firm and Dismissed the DUI.
The DUI was dismissed.
Jan 3, 2023 Case: 22-CT-010146 Judge Conrad
The defendant was found passed out in her car in a lane of travel. Upon awakening her, the officers noticed an odor of alcohol, glassy eyes, and her reflexes were sluggish and clumsy. The defendant was belligerent, argumentative, and agitated. After performing poorly on roadside tests, she was arrested for DUI. Due to medical issues, she was taken to the hospital and not the jail. This was the defendant's Second DUI.
At the scene, the defendant kept telling the officers she was diabetic. Fire rescue got called and her blood sugar was very elevated well beyond normal limits. There was reasonable doubt as to whether she was impaired by alcohol versus having a diabetic episode.
The State Dropped the defendant's Second DUI.
Jan 3, 2023 Case: 22-CT-012997 Judge Conrad
The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank 2 or 3 beers. He then performed various field sobriety tests and was arrested for DUI. He subsequently blew a .126 and .134 in the breath machine.

Issues were raised by the firm as to the lawfulness of the traffic stop. The reports were vague as to the exact specifics of the driving pattern.
The State dropped the DUI.
Dec 13, 2022 Case: AG5PNTE Judge Komninos

Officers were dispatched to a disturbance call at a restaurant, caused by the defendant. When they arrived, they found the defendant attempting to leave the parking lot. They observed constricted pupils, glassy eyes and she swayed while she stood. She also had mumbled/slurred speech and appeared agitated. Officers did not smell any alcohol. After performing only the HGN (eye test), she was arrested for DUI. She later refused a breath and urine tests.

Under Florida law, for the State to prove a DUI, a person must be under the influence of alcohol and/or a specific chemical and/or controlled substance. Here, since there was no alcohol involved, they could not prove by which specific controlled or chemical substance allegedly impaired the defendant. The State Dropped the DUI to a Civil Careless Driving Infraction and she received no conviction or points.
The DUI was Dropped to a Civil Infraction.
Dec 13, 2022 Case: AG5POKE Judge Komninos
The defendant was stopped for driving a golf cart at night with no headlights. Officers observed an odor of alcohol, bloodshot/watery eyes, and slowed speech. He also exhibited eyelid and body tremors, could not focus, and also swayed. He performed poorly on roadside tests and was arrested for DUI. He later blew a .165 and .146 in the breath machine.
Under Florida law, prior to administering a breath test, a defendant must be watched for 20 minutes to assure no burping, regurgitating and nothing taken by mouth. Here, back at the station, and on the officer’s body worn camera, it showed on the timer only a 6 minute observation period. The officer had written that the defendant was observed for 20 minutes which was a lie. Knowing that the breath test would be excluded from evidence, the State Dropped the DUI.
The State dropped the DUI.
Dec 13, 2022 Case: AEBN62E Judge Komninos
Police were called to a residential complex in regards to a domestic dispute between the defendant and her boyfriend. He was the one who actually called the police on her stating that she was intoxicated and causing problems. When officers arrived, the defendant was asleep in her car in a parking space. The engine was off and the keys were in her purse. Upon awakening the defendant, they noticed very incoherent/slurred speech, an odor of alcohol, and she was off balance. The defendant was loud and repeated some statements numerous times. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI in less than a year.
The State could not prove that she was in actual physical control as she had no "capability" to operate the motor vehicle when she was sleeping, the keys were in her purse, and the car was off.
The State Dropped the defendant's Second DUI.
Dec 13, 2022 Case: AEBMUKE Judge Komninos

The defendant was stopped for weaving and crossing into the bike lane. The officer noticed an odor of alcohol, watery/dilated eyes, and the defendant was irate. She then performed various roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.

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

The State dropped the DUI.
Dec 13, 2022 Case: AEX931E Judge Komninos

The defendant was stopped for running a red light. Officers observed an odor of alcohol, swaying/unsteadiness, and his eyes were red and watery. He performed poorly on roadside tests and was arrested for DUI. He later blew a .113 and .113 in the breath machine.
Due to conflicts in evidence between the reports and the videotape, the State Dropped the DUI.
The State dropped the DUI.
Dec 9, 2022 Case: 22-CT-2384 Judge Epperson
The defendant was stopped by police after she was observed swerving all over the road and then not stopping for over a mile. Officers observed an odor of alcohol red/glassy eyes, and slow/thick tongued/incoherent speech. She was unsteady, staggered, and weaving while she walked. Her attitude was aggressive and profane. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI and she was also charged with second refusal to provide a breath test.
The firm pointed out to the prosecutor that the videotape contradicted almost everything that the officer wrote and could be seen on tape. First, none of the driving pattern was on tape. Her speech was normal, she was not off balance or unsteady, and was not aggressive. The State Dropped the DUI and also Dismissed the Second refusal charge.
The State dropped the DUI.
Dec 6, 2022 Case: AFLPEPE Judge Croff
The defendant was found sleeping in the driver's seat of her car while parked in a handicap parking spot. Upon awakening the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. She also had a blank stare, staggered, stumbled, and appeared disoriented. She refused to perform any roadside tests and was arrested for DUI. She later refused the breath test.

The firm put forth that the defendant could not have had the capability to operate her car while sleeping. Thus, she couldn't have been in actual physical control.

The State dropped the DUI.
Nov 30, 2022 Case: 22-CT-023836 Judge Silverman
The defendant was stopped for driving with no taillights. The officer noted an odor of alcohol, mumbling/slurred speech, and he exited the vehicle slowly. He also had a sway to his stance and exhibited mood swings. The defendant stated he had drank 2 beers. He started to the do the roadside tests but never finished, so they alleged he refused. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.

Parks & Braxton had several discussions with the State regarding the evidence. On tape, the officer actually stated that the roadsides are "not normal" and that he "typically doesn't stand on one leg." We pointed this out to the State, and they Dropped the defendant's Second DUI.
The State dropped the DUI.
Nov 30, 2022 Case: 22-CT-020939 Judge Jacobus
The defendant was found by police passed out in his car in a Taco Bell parking lot. Officers noticed an odor of alcohol, mumbled speech, and he was disoriented. The defendant stated he had drank two IPA beers. While outside the car, he swayed while he stood. The defendant then performed various roadside tests and was arrested for DUI. He later refused the breath test. This was his Second DUI and he was also charged with Second Refusal for not taking the breath test.

Due to various contradictions in the police reports and the videotape evidence, the State Dropped the Defendant's Second DUI and also Dismissed the refusal charge.
The State dropped the DUI.
Nov 30, 2022 Case: 22-CT-021924 Judge Jacobus
The defendant was stopped for having an expired tag. Officers observed the defendant to have an odor of alcohol, slow/slurred speech, and lethargic movements. He also had bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .196 and .190 in the breath machine.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 30, 2022 Case: 22-CT-034896 Judge Jacobus
Officers responded to a call that the defendant was unable to maintain a single lane and almost hit a semi-truck. Officers stopped the defendant and noticed an odor of alcohol, red/glassy eyes, and he was slow to exit his car. After performing various roadside tests, he was arrested for DUI. He later blew a .137 and .133 in the breath machine.

Issues were raised by the firm about the lawfulness of the traffic stop due to a lack of corroboration of the driving pattern by the police.
The State dropped the DUI.
Nov 30, 2022 Case: 22-MM-017205 Judge Jacobus

Police were called out to a bar because the defendant was causing a disturbance. When police arrived, the defendant was attempting to drive away. Officers noticed an odor of alcohol, a drowsy/fatigued look, he stumbled, and appeared clumsy. His speech was slow and he was clumsy with his documents. The defendant refused to do roadside tests and was arrested for DUI. He later refused a breath test. He was also charged with resisting arrest for failing to abide by officer commands. He was tasered due to failing to comply.
The police reports exaggerated the defendant's level of impairment versus the videotape. The State Dropped the DUI and also Dismissed the resisting an officer charge.
The State dropped the DUI.
Nov 30, 2022 Case: 22-CT-039127 Judge Jacobus
A caller dialed 911 stating that the defendant was possibly a drunk driver. The officer got behind the defendant and observed her to driving into the bike lane and come to a stop. The officer then got behind the defendant and conducted a traffic stop. The officer noticed an odor of alcohol, bloodshot/watery eyes, and was slow stepping out of the car. She then performed the walk and turn, one leg stand, and HGN (eye test). She was arrested for DUI and later blew a .187 in the breath machine.
After several conversations with State about the case, they Dropped the DUI.
The State dropped the DUI.
Nov 29, 2022 Case: 22-CT-010239 Judge Farr

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

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

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

Under Florida law, two breath samples are required within a .02 margin of error of each other. Here, there were three because the first two were outside the margin of error. Due to discrepancies in the breath results, inconsistencies in the evidence, and several negotiations, the State Dropped the DUI.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-035994 Judge Peacock
The defendant was stopped for not having his headlights on after dark. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused the breath test.
There was a lack of probable cause to arrest the defendant based on his performance on the roadside tests. Also, on tape, his speech was normal and not slurred.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-009245 Judge Jeske
The defendant was stopped for speeding and driving in an erratic "jerky" manner. The officer noticed an odor of alcohol, slurred/erratic speech, and she appeared unsteady on her feet. After performing various field sobriety tests, she was arrested for DUI and later blew a .146 and .141 in the breath machine.
Many observations written in the police reports contradicted the video tape. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-004767 Judge Jeske
The defendant was found passed out in his truck by police. Upon awakening him, they noticed an odor of alcohol, slurred speech, and the defendant stated he had been partying. An open bottle of beer was also found in his truck. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .182 and .181 in the breath machine.
The legality of the initial seizure of the defendant by ordering him out of his truck was called into question.
The State dropped the DUI.
Nov 2, 2022 Case: 22-CT-031152 Judge Peacock

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

The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, slurred speech, and he swayed while standing. The defendant, when asked if he had been drinking, admitted to having consumed 2, 3, or 4 beers. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .184 and .171 in the breath machine.
After a year of discussions and negotiations with the State about the evidence, they Dropped the DUI.
The State dropped the DUI.
Oct 31, 2022 Case: 22-CT-008720 Judge Panse
The defendant was the at fault driver in a rear end crash. The officer noticed an odor of alcohol, bloodshot eyes, and he used his vehicle for balance. He admitted to having drank a glass of vodka and almost fell over. He then performed various roadside tests. For example, on the walk and turn, he stepped off the line, took 19 steps (versus the required 9), and lost his balance. On the one leg stand, he fell over on the ground. He was then arrested for DUI and later refused a breath test.
We pointed out due the defendant's age being over 70 years old, and various medical conditions, the impairment observed on the roadsides could have as easily been due to those factors versus alcohol.
The State dropped the DUI.
Oct 27, 2022 Case: 22-CT-008531 Judge Farr

The defendant was stopped for speeding and running a red light. Officers observed an odor alcohol, slurred speech, and bloodshot eyes. The defendant admitted to consuming one beer. After performing various field sobriety tests, he was arrested for DUI. He then blew a .150 and .146 in the breath machine.
Due to various discrepancies between the police reports and the videotape, the State Dropped the DUI.
The State dropped the DUI.
Oct 27, 2022 Case: 22-CT-005153 Judge Farr

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

The officer over exaggerated the level of impairment in his police reports as compared to the actual video tape. After discussions with the State about the evidence, they Dropped the DUI.
The State dropped the DUI.
Oct 27, 2022 Case: 22-CT-008195 Judge Farr
The defendant was stopped for weaving and almost running off the roadway. Officers noticed an odor of alcohol, slurred speech, and he appeared disoriented. He then performed various roadside tests and was arrested for DUI. He then blew a .112 and .117 in the breath machine.

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

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

The defendant was the victim in the crash and not the at fault driver. A car pulled out and smashed into him. Also, on the tape, his speech was not slurred. In addition, although the officer wrote the defendant stumbled, that was not on tape and we could see the defendant standing around for about 10-15 minutes without appearing off balance.
The State Dropped the Defendant's Second DUI.
Oct 26, 2022 Case: 22-CT-002072 Judge Dekleva
The defendant was stopped for crossing over the double yellow lane marker into opposing traffic. The officers noticed an odor of alcohol, a flushed face, and bloodshot eyes. He admitted to having drank 4 beers. After performing various roadside tests, he was arrested for DUI. He later blew a .128 and .121 in the breath machine.
Due to conflicts between the written reports and the videotape, the State Dropped the DUI.

The State dropped the DUI.
Oct 26, 2022 Case: 22-CT-002401 Judge Dekleva

The defendant was stopped for swerving and almost causing a collision. The officer observed an odor of alcohol, glassy eyes, and confusion while speaking. She stated she was drunk and knew she should not be driving. She performed very poorly on field sobriety tests and was arrested for DUI. She later blew a .167 and .164 in the breath machine.
After speaking to the prosecutor about the evidence and about the defendant herself, the State Dropped the DUI.
The State dropped the DUI.
Oct 25, 2022 Case: 21-CT-046294 Judge Silverman
The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, a flushed face, and watery/glassy eyes. His speech was slurred and thick tongued and he appeared confused. He was asked to perform roadside tests but he refused. A vodka bottle was found in the defendant's vehicle. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
If a defendant refuses to perform roadside tests, the officer must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any adverse consequences. In addition, on tape, the defendant's speech appeared normal and he did not appear confused.
The State Dropped the Defendant's Second DUI.
Oct 24, 2022 Case: 22-CT-006546 Judge Bristow
The defendant was stopped for weaving and driving on a flat tire. The officer noticed an odor of alcohol, slurred speech, and glossy eyes. He was unable to form a complete sentence and was crying. His motions were slow, he had difficulty following instructions, and admitted to having drank 3-4 Modelo beers. After performing very poorly on roadside tests, he was arrested for DUI. He later blew a .209 and .206 in the breath machine.
After several discussions with the State about various conflicts in the evidence, the State Dropped the DUI.
The State dropped the DUI.
Oct 18, 2022 Case: 22-CT-500635 Judge Swett
The defendant backed his car into another car in a bar parking lot. When officers arrived, they noticed he had an odor of alcohol, he stumbled, and also had to catch his balance. He had a flushed face, slurred speech, and was unable to form coherent sentences. He refused to perform field sobriety tests and was then arrested for DUI. A bar receipt was located which showed the defendant had purchased fireball shots. The defendant was then arrested for DUI. He later refused a breath test. This was the defendant's Third DUI.

Under Florida law, an officer must advise a defendant of any adverse consequences when a defendant refuses to perform roadside tests. Thus, the refusal to perform roadside tests would have been excluded from evidence. In addition, the firm had questioned the officer at the initial administrative DMV hearing. The firm ordered that testimony and many of the things that the officer testified to were contradicted by his police reports. Thus, his credibility was called into question.
The State Dropped the defendant's Third DUI.
Oct 17, 2022 Case: 22-CT-006812 Judge Conrad

The defendant was found passed out and slumped over the wheel in his running vehicle in a bar parking lot. When officers awoke the defendant, they noticed an odor of alcohol, slurred speech, unsteady appearance, and bloodshot eyes. He admitted to having too much to drink and had vomited about 30 minutes ago. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
The defendant had walked out of the bar he had been drinking at and did the right thing by not driving and trying to sleep it off. Also, while sleeping, he had no capability to operate the car. Thus, he couldn't have been in actual physical control. On tape, he kept telling the police he was trying he do the right thing by not driving. After several discussions with the prosecutor, they Dismissed the DUI.
The DUI was dismissed.
Oct 12, 2022 Case: 22-CT-030800 Judge Silverman
The defendant was stopped for almost causing an accident in a parking lot and then weaving. Officers noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He appeared clumsy, stumbled, and swayed. He admitted to having consumed 3 drinks. He then performed various field sobriety tests and was arrested for DUI. He later blew a .164 and .159 in the breath machine.

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

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

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

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

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

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

The defendant had Delta 8 marijuana in his car which is legal. He stated that is all he uses. It was unknown whether he was impaired by the legal Delta 8 or the illegal Delta 9 marijuana.
The State dropped the DUI.
Sep 20, 2022 Case: 21-012854MU10A Judge Solomon
The defendant was involved in a crash whereby he hit a car and ended up colliding with a utility pole. Several officers arrived to conduct an accident investigation. At the same time, a deputy arrived to conduct a criminal investigation. On video, the deputy asked the defendant a series of questions. In response to questioning, the defendant acknowledged that he was the driver. The defendant performed extremely poorly on the roadside tests and was arrested for DUI. He was taken to the police station and blew a .219 and a .213 in the Intoxilyzer. This was the defendant's second DUI.
Parks & Braxton filed a motion to suppress based on an unlawful arrest. First, the firm filed a motion to exclude the defendant's statements because the deputy failed to read him his Maranda warnings. Next, counsel argued that pursuant to 316.645, the arresting deputy, who never spoke with the other civilians in the crash, had no probable cause to arrest the defendant. The motion was granted. All evidence was excluded.
The State dropped the DUI.
Sep 20, 2022 Case: 22-CT-003226 Judge Conrad

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he displayed cognitive deficiencies. For example, he could not find his cell phone even though it was on his lap, and also was forgetful while speaking to the officer. The defendant appeared unsteady and swayed while he stood. He then performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Many of the observations that the officer described in his reports were contradicted by the video tape. The State agreed and Dropped the defendant's Second DUI.
The State dropped the DUI.
Sep 19, 2022 Case: 22-CT-500946 Judge M. Gonzalez
The defendant was found by the police sitting in her car with the door open at a RaceTrac gas station. She had just thrown up outside the driver's door. Officers observed an odor of alcohol, vomit, watery eyes, and she was very confused. She swayed and had a dazed look. She then performed poorly on roadside tests and was arrested for DUI. She later refused a breath test.
The State could not prove the defendant was in actual physical control. The vehicle was a push-start and the key fob was on a seat. With those facts and the door being open, she had no "capability" to operate the car.
The State dropped the DUI.
Sep 12, 2022 Case: 22-CT-010522 Judge Panse

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

When officers arrived, the defendant was standing at her back bumper. It could not be determined if there was a crash or not. Under Florida Statute 901.15, when there is no crash, an officer must observe all elements of the misdemeanor in their presence. (i.e. the defendant either driving and/or in actual physical control). If not, the arrest is unlawful.
The State dropped the DUI.
Sep 12, 2022 Case: 22-CT-006112 Judge Silver
The police received a call from a Shell gas station that a customer's car had been stolen. The officer located the car in question and conducted a traffic stop. The defendant, who was the driver, appeared confused as to what was going on. She had an odor of alcohol, slurred/slow speech, and admitted to having drank vodka. She performed very poorly on roadside tests. The defendant could not say the alphabet correctly, stumbled all over the place on the walk and turn, and put her foot down numerous times on the one leg stand. She was arrested for DUI and later refused the breath test.
It was the defendant who actually called the police because she couldn't find her car. The gas station owner told the police that it was the owner's car and that she had found. This was prior to the traffic stop. On tape, the officer can be heard stating to another cop that he knew that, but just "wanted to verify." There was no lawful basis for the traffic stop once the officer is heard on tape stating he knew the defendant found her car and it was hers.
The State dropped the DUI.
Sep 8, 2022 Case: 22-CT-009235 Judge Booras
The defendant was stopped for driving with no lights and swerving in and out of the lanes of travel. She also nearly struck a sign. The officer noticed an odor of alcohol, slow/unclear speech, and red/glassy eyes. She also appeared shaky on her feet. After performing various roadside tests, she was arrested for DUI and later blew a .187 and .182 in the breath machine.
After several conversations with the State regarding the evidence and the defendant herself, the State Dropped the DUI.
The State dropped the DUI.
Sep 7, 2022 Case: 22-CT-003506 Judge Scott

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

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

The State dropped the DUI.
Sep 6, 2022 Case: 21-CT-503413 Judge Swett

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

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

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

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

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

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

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