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Aug 25, 2020 Case: 20-CT-019479 Judge Friedland
The defendant was stopped after a caller notified police about a driver, the defendant, driving southbound in the north bound lane with no bumper. Upon contact with the defendant, the officer noticed an odor of alcohol and watery/bloodshot eyes. Her face was flushed and she swayed while she stood. After performing numerous field sobriety tests, she was arrested for DUI. She later blew. a .141 and a .141 in the breath machine.
There needs to be corroboration of the driving pattern when an anonymous caller dials 911. Here, the stop was unlawful because there was no corroboration of any erratic driving pattern. The State Dropped the DUI.
The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-016737 Judge Jeske
The defendant was stopped for driving with a defective tag light. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty opening the car door, difficulty understanding instructions, and his dexterity was poor. He refused to do roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Almost every observation that the officer wrote in his reports was contradicted by the video tape. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-019539 Judge Farr
The defendant was stopped for driving with no lights. Officers observed an odor of alcohol, glassy eyes, and he had stated he had drank wine. The defendant agreed to perform the HGN (eye test), walk and turn, and one leg stand exercises. He did not perform to satisfaction and was arrested for DUI. He later blew a .183 and a .177 in the breath machine.
Under the theory of absorption and elimination of alcohol, the video showed that the defendant may have been under the legal limit at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-012687 Judge Farr
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
The firm was able to show many contradictions between the written police reports and video tape. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-017861 Judge Farr
The defendant was involved in a traffic crash. It was determined by police he was not the at fault driver. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he fumbled with his documents. He stated he had drank beer. He performed roadside tests and was arrested for DUI. He later blew. a .167 and a .158 in the breath machine.
The defendant's performance on the field sobriety tests on video contradicted what the officer wrote in the reports. In addition, it was clear from his video that his breath alcohol level was lower at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 20-CT-002553 Judge Farr
The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank 5 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .194 and a .190 in the breath machine.
While conducting the HGN (eye test), one cue that the officer is looking for is to see if the defendant's eyes jerk (called nystagmus) prior to 45 degrees. Under Tharpes formula, if the officer doesn't see an angle of onset prior to 45 degrees, this could indicate the defendant was under the legal limit. Here, the officer never observed an angle prior to 45 degrees leading one to believe he may have been under the legal limit at the time of driving. The State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-015940 Judge Farr
The defendant was stopped for driving with no lights and speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. Her movements were clumsy and slow, and she had a confused look on her face. After performing roadside tests, she was arrested for DUI. She later blew a .089 and a .089 in the breath machine.
There is a .02 margin of error in the breath machine. Thus, the firm was able to place the defendant 's breath alcohol level under the legal limit at the time of driving.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-014103 Judge Jeske
The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, and unstable balance. The defendant stated he had drank beer. He performed poorly on the roadside tests and was arrested for DUI. He later blew a .195 and a .189 in the breath machine.
The firm was able to demonstrate, that based on various issues on the video, there was a lack of probable cause to make the arrest. The State Dropped the DUI.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-016301 Judge Conrad
The defendant was stopped for running a stop sign. Officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant then performed the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later blew a .162 and a .157 in the breath machine.
There was some confusion on the defendant 's behalf as to whether to take the breath test. There was some conversation back and forth with the officer which left the defendant believing he had no choice but to blow.
The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-016315 Judge Conrad
The defendant was stopped trying to drive to a checkpoint at the Port. He was detained for police. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty standing and almost fell. He couldn't even perform some of the roadsides due to his level of intoxication. He was arrested for DUI and later blew a .198 and a .190 in the breath machine.
There was no reasonable suspicion of a crime justifying the defendant's detainment by civilian port employees. In legal terms, it was an unlawful citizen's arrest by detaining him until police arrived. The State Dropped the DUI.
The State dropped the DUI.
Aug 11, 2020 Case: 20-CT-000306 Judge Conrad
The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, slurred speech, and red eyes. She was also unsteady on her feet. She was arrested for DUI after performing several filed sobriety tests. She later refused the breath test.
The defendant had several medical issues which could have affected her balance and performance on the walk and turn and one leg stand. The State Dropped the DUI.
The State dropped the DUI.
Aug 6, 2020 Case: 19-CT-018267 Judge Jeske
A civilian called 911 stating that the defendant was driving all over the road. When police found the defendant, he was standing outside his car at a gas station. Officers noticed an odor of alcohol, watery eyes, unstable balance, and slurred speech. He stated he had drank 3 to 4 beers. He performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .216 and a .204 in the breath machine.
Under Florida Statue 901.15, when there is no crash, an officer must observe every element of the crime of DUI, including seeing the defendant either driving or in actual physical control. Otherwise, the arrest is unlawful. Here, the arrest was unlawful because no officer saw the defendant driving or behind the wheel. The State Dropped the DUI.
The State dropped the DUI.
Aug 5, 2020 Case: 2020-CT-014428 Judge Babb
The defendant was stopped for driving with no lights and weaving. The officer observed an odor of alcohol, slurred speech, and glassy eyes. She also admitted to having consumed a couple of drinks. She swayed and appeared unsteady. After performing the roadside tests, she was arrested for DUI. She later blew. a .162 and a .162 in the breath machine.
The reports contradicted the video as to numerous specifics on the field sobriety tests. The State Dropped the DUI.
The State dropped the DUI.
Aug 5, 2020 Case: 20-CT-002585 Judge Gutman
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol and his eyes were bloodshot. He then performed roadside tests such has the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
There must be reasonable suspicion of a crime to request field sobriety tests. In other words, the officer must observe some indication of impairment. Here, there was no erratic driving and the bloodshot eyes and odor of alcohol are indicators of consumption of alcohol, not impairment. Thus, the State was at risk of having all the roadsides excluded from evidence. The State Dropped the DUI.
The State dropped the DUI.
Jul 30, 2020 Case: 19-CT-057709 Judge Peacock
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. His movements were slow, he was clumsy, and he swayed. After performing filed sobriety tests, he was arrested for DUI. He later blew a .20 and a .199 in the breath machine.
Due to contradictions in the reports versus the video, the State Dropped the DUI.
The State dropped the DUI.
Jul 29, 2020 Case: 19-CT-018436 Judge Gutman
The defendant was found passed out his car. Officers observed an odor of alcohol, slurred speech, and watery/glassy eyes. The defendant agreed to perform the walk and turn, one leg stand, and finger to nose exercises. He failed them and was arrested for DUI. He later blew a .136 and a .130 in the breath machine. This was the defendant's Third DUI arrest.
Prior to trial, the firm pointed out issues as to the lawfulness of the initial contact and ordering him out of the car. We put forth that the officers didn't have the requisite reasonable suspicion of crime to justify ordering him to step out. The State Dropped the DUI.
The State dropped the DUI.
Jul 29, 2020 Case: 20-CT-001817 Judge Gutman
The defendant was found passed out in her car in a parking lot. The officers also observed alcohol in the car. It took numerous attempts to get the defendant to respond and wake up. Upon awakening the defendant, they observed an odor of alcohol, slurred speech, and she had to use the car to maintain her balance. She performed poorly on the field sobriety tests and was arrested for DUI. She later blew a .178 and a .159 in the breath machine.
In order to prove that the defendant was in actual physical control, the of State must prove that the defendant had the capability of operating the vehicle. Here, they could not because one cannot operate the vehicle while sleeping. The State Dropped the DUI.
The State dropped the DUI.
Jul 29, 2020 Case: 20-CT-002203 Judge Gutman
The defendant was involved in a crash in a parking garage. The officer observed an odor of alcohol and bloodshot eyes. The defendant agreed only to perform the HGN (eye test). He was then arrested for DUI and later refused the breath test.
The firm pointed out to the State that while performing the HGN (eye test) the defendant stated he had eye damage, yet the officer still continued to check his eyes. The officer didn't even clarify what type of injury it was that could affect the nsytagmus in his eyes. Thus, the officer's credibility was called into question and the State dropped the DUI.
The State dropped the DUI.
Jul 29, 2020 Case: 19-CT-019541 Judge Gutman
The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed while he stood. He performed the field sobriety tests and was arrested for DUI. He later blew a .129 and a .126 in the breath machine.
The video contradicted the officer's reports as to the level of impairment. The defendant's performance on the field sobriety tests also showed that the defendant's breath alcohol level has to have been lower at the time of driving under the theory of absorption and elimination of alcohol. The State Dropped the DUI.
The State dropped the DUI.
Jul 28, 2020 Case: 19-CT-010248 Judge Panse
The defendant was in involved in a single vehicle motorcycle accident whereby he crashed and flipped the bike over. The defendant had already been transported the hospital when police arrived at the scene of the crash. Upon going to the hospital to make contact with the defendant, the officers observed an odor of alcohol. The officer then requested the defendant provide a blood sample. The blood alcohol results from the FDLE lab were a .239 and a .240. The defendant was then charged with DUI.
Under Florida law, there must be more than a mere odor of alcohol to request blood. Here, the blood was drawn illegally without the requisite observations by the officer. The State Dropped the DUI.
The State dropped the DUI.
Jul 28, 2020 Case: 19-CT-023581 Judge Hanser
The defendant was the at fault driver in a rear end crash. Officers observed the defendant to have slurred speech and lethargic movements. He also swayed and had trouble maintaining his balance. There was no odor of alcohol. Believing that the defendant was impaired by drugs, he was asked to perform field sobriety tests. For example, on the alphabet, the defendant missed letters and stated the letters out of order. On the one leg stand, he almost fell. The defendant was then arrested for DUI. The defendant later refused to provide a urine sample.
One cannot simply just be impaired by "something." Here, the State could not prove by which specific drug was impairing the defendant. The State Dropped the DUI and the defendant received no criminal conviction.
The State dropped the DUI.
Jul 27, 2020 Case: 19-CT-020062 Judge Alijewicz
The defendant was stopped for driving with no lights. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and he appeared dazed and confused. He was also observed to have very slurred speech. After performing field sobriety tests, he was arrested for DUI. He later blew a .201 and a .202 in the breath machine.
The officer did not write any specific details as to the defendant's performance on the field sobriety tests in the probable cause affidavit. Due to the vagueness in the reports, the State Dropped the DUI.
The State dropped the DUI.
Jul 20, 2020 Case: 19-CT-504466 Judge Gagliardi
The defendant was the at fault driver in a rear end crash. The defendant allegedly drove at a high rate rate of speed over a bridge and struck another car. The officers observed the defendant to have an odor of alcohol, dilated pupils, and bloodshot/watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath tests.
The impairment observed on the roadside tests, such as the walk an turn and one leg stand, could have as easily been attributed to the defendant being hit in the face by the airbags which caused him to be very unsteady, versus impairment by alcohol.
The State dropped the DUI.
Jul 1, 2020 Case: 19-CT-001340 Judge Burns
The defendant was stopped for weaving. He was crossing over the lane markers numerous times and driving on the grassy shoulder. The officer conducted a traffic stop believing that he may be an impaired driver. The officer observed an odor of alcohol, watery eyes, and he swayed. He refused to do roadsides and was arrested for DUI. He later refused the breath test.
Parks and Braxton filed a motion to exclude any evidence that the defendant refused field sobriety tests. Under Florida case law, a defendant must be given adverse consequences by the officer if he refuses roadside tests, before the refusal can be admissible in court. Here, the officer did not give any. The State Dropped the DUI.
The State dropped the DUI.
Jun 26, 2020 Case: AB6TC6E Judge Bedinghaus
The defendant was stopped for allegedly cutting off a motorcycle. The officer noticed an odor of alcohol, watery/glassy eyes, and mumbled speech. He was also unsteady and admitted to having drank two beers. After performing the HGN (eye test), walk and turn, and finger to nose tests, he was arrested for DUI. Believing he may have also been impaired by a controlled substance, the officer requested urine in which the defendant tested positive for marijuana.
Prior to trial the firm was able to show the State that the defendant had knee injuries which affected his performance on the roadsides. In addition, the State could not prove that he was impaired by marijuana as no DRE (drug recognition officer) evaluated the defendant and marijuana stays in one's system for 30 days. The State Dropped the DUI.
The State dropped the DUI.
Jun 26, 2020 Case: AB7HF3E Judge Bedinghaus
The defendant was stopped for having inoperable taillights. The officer observed an odor of alcohol, bloodshot/watery eyes, and he stated he had drank beer. According to the officer, he failed the roadside tests and was arrested for DUI. He later blew a .084 and a .081 in the breath machine.
The firm was able to point out to the State that the defendant's breath alcohol level was under the legal limit at the time of driving through the theory of retrograde extrapolation. In other words, going back in time. Under Florida law, for one to be guilty of DUI, one has to have an unlawful breath alcohol level "at the time of driving."
The State dropped the DUI.
Jun 26, 2020 Case: AALGCJE Judge Bedinghaus
The defendant was stopped for driving without his headlights. The officer noticed an odor of alcohol, glassy eyes, and mumbling speech. The defendant also had fumbled dexterity and the front of his pants were wet. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
The defendant performed much better on the roadsides on videotape than as described by the officer in his reports. His speech was also clear and he did not appear to be off balance in regards to his dexterity. The State Dropped the DUI.
The State dropped the DUI.
Jun 22, 2020 Case: 19-CT-056664 Judge Babb
The defendant was stopped for an inoperable tag light. The officer noticed an odor of alcohol, red/glassy eyes, and she admitted to having consumed a couple of drinks. The defendant had clumsy dexterity and mumbled speech. After performing field sobriety tests, she was arrested for DUI. She later blew a .184 and a .172 in the breath machine.
Many of the officer's observations, prior to and during the roadside tests, were contradicted by the video tape. The State Dropped the DUI.
The State dropped the DUI.
Jun 11, 2020 Case: AALGFFE Judge Berlin
The defendant was found passed out in his car in a construction site after a call went out about a suspicious vehicle. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot/watery eyes, and dilated pupils. The defendant was unsteady exiting his car and swayed while he stood. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
The video of the roadsides and the defendant's entire demeanor contradicted the officer's reports as to the level impairment. The State Dropped the DUI.
The State dropped the DUI.
Jun 2, 2020 Case: 20-CT-500329 Judge Swett
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, thick tongued speech, and bloodshot/watery eyes. She also had a flushed face. After performing field sobriety tests, she was arrested for DUI. The officer also called in a DRE (drug recognition expert) because he had a belief she was also impaired by a controlled substance in addition to alcohol. She then submitted to the DRE exam at the BAT facility.
After the officer's DRE exam, the DRE officer concluded that she was impaired by controlled substances. The firm was able to show through further discovery that his conclusion was wrong. The State Dismissed the DUI.
The DUI was dismissed.
Mar 10, 2020 Case: 19-CT-016734 Judge Conrad
The defendant was stopped for weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed the field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test.
The officer made the defendant look like a very impaired person on his field sobriety test reports. This was contradicted by the video tape. The State Dropped the DUI.
The State dropped the DUI.
Mar 10, 2020 Case: 2019-CT-012318 Judge Conrad
The defendant was stopped for speeding and cutting off another car. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. The defendant also had a suspended license.
Per the NHTSA manual on roadside tests, officers should use caution administering the walk and turn and one leg stand to people who may be severely overweight. On video, it was clear the defendant was having trouble performing the physical exercises due to weight issues. The State Dropped the DUI and also the suspended license charge.
The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-029266 Judge Jacobus
The defendant was pulled over for weaving. The officer observed an odor of alcohol, watery eyes, a flushed face, and slow movements. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
The officer did not advise the defendant of any adverse consequences, as required by law, when he refused the roadside tests. Thus, the defendant's refusal would have been suppressed. The State dropped the Second DUI to a civil infraction.
The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-051738 Judge Jacobus
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. He also had slurred speech and a drowsy expression. He then performed roadside tests and was arrested for DUI. He later blew a .083 in the breath machine.
Due to the margins of error in the breath machine, the firm was able to bring the defendant's breath alcohol under the .08 legal limit. The State Dropped the DUI.
The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-048644 Judge Jacobus
The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed while he stood. He appeared unsteady and moved slowly. After performing very poorly on the roadside tests, he was arrested for DUI. He later blew a .217 and a .212 in the breath machine.
The firm raised issues as to the lawfulness of the traffic stop. The State Dropped the DUI.
The State Dropped the DUI.
Mar 5, 2020 Case: 19-CT-013977 Judge Farr
The defendant was stopped for weaving and braking erratically. The defendant had an odor of alcohol, bloodshot eyes, and he he swayed while he stood. The defendant only agreed to perform HGN (eye test) and then refused further testing. He was arrested for DUI and later refused the breath test.
Under Florida law, an officer must explain that there are adverse consequences if you refuse to perform field sobriety tests. Here, the officer did not, so the refusal would have been excluded from evidence. The State Dropped the DUI.
The State dropped the DUI.
Mar 4, 2020 Case: 19-CT-017527 Judge Myers
The defendant was stopped for following another car too closely and speeding. The officer noticed an odor of alcohol, slurred speech, and unstable balance. The defendant performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Prior to trial, the firm pointed out to the State that the the defendant had medical issues, yet the officer still had him do the one leg stand versus non physical exercises. Also, many observations were contradicted by the video as the defendant's speech was not slurred and he was not off balance. The State Dropped the DUI.
The State dropped the DUI.
Mar 4, 2020 Case: 19-CT-009766 Judge Jeske
The defendant was the at fault driver in a rear end traffic crash. There was no odor of alcohol, however, the officer observed the defendant to have pinpoint pupils, slow/slurred speech, and he was falling asleep mid-sentence. He also had a very difficult time focusing. After failing roadside tests, he was arrested for DUI. He later provided a urine sample which tested tested positive at FDLE for various controlled substances. This was the defendant's Second DUI.
Although the officer stated in his reports that the defendant was falling asleep, that was contradicted by the video where he seemed alert and awake. Also, the officer should have called for a DUI officer who specializes in detecting impairment by specific categories of drugs, called a DRE (drug recognition officer). That was not done. The State dropped the defendant's Second DUI.
The State dropped the DUI.
Mar 3, 2020 Case: 19-CT-021367 Judge Friedland
The defendant was the at fault driver in a crash. He made a wide turn and hit someone head on. The officer observed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. He swayed and was very unsteady. After performing the roadside tests, he was arrested for DUI. He later blew a .107 a and .106 in the breath machine.
The video evidence contradicted a large majority of what as written in the reports. The State Dropped the DUI.
The State dropped the DUI.
Mar 3, 2020 Case: 19-CT-045707 Judge Friedland
A concerned citizen called police after observing the defendant chugging beers in a Publix parking lot and then drive off. Police then stopped the vehicle. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank 3 beers. He also had slurred speech and his dexterity was clumsy. He performed poorly on the roadside tests and was arrested for DUI. The officer asked for a blood test. The defendant agreed and the FDLE report later indicated a blood alcohol level .186 and .185.
If an officer asks for a voluntary blood test outside of a hospital, the defendant must be informed that it is an alternative to a breath or urine test. Here, the officer did not inform the defendant of that. It was also unclear why the officer was even asking for blood versus taking him to jail to provide a breath test. Thus, the blood would have been suppressed from evidence. The State Dropped the DUI.
The State dropped the DUI.
Mar 2, 2020 Case: 2019-MM-003600 Judge D. Roberts
The defendant was at the wheel of her Boat when she was ordered by Florida Fish and Wildlife police come to the dock, as she was violating a restricted speed zone. The officer noticed an odor of alcohol and bloodshot eyes. The defendant stated she had consumed two drinks. She then performed roadside tests on the officer's boat. She was then arrested for Boating Under the Influence. The defendant refused the breath test after her arrest.
Bloodshot eyes can also have come from being on the water and in the sun, not just alcohol. Based on odor and bloodshot eyes, there was no reasonable suspicion of a crime (i.e. no impairment) to even request field sobriety tests to begin with. Also, when the officer did the eye test (HGN), he got an angle of onset in her eyes prior to 45 degrees. This meant that the defendant may been under the legal limit at the time of driving the boat. This is based on a theory called Tharp's Formula. The State dropped the BUI and the defendant received no conviction on her record.
The State dropped the DUI.
Feb 18, 2020 Case: 19-CT-503983 Judge Paluck
The defendant was found passed out and unresponsive. EMS was called and they got the defendant to regain consciousness. They then brought him into the ambulance for treatment. Police arrived on scene and noticed the defendant to have an odor of alcohol, mumbled speech, and glassy eyes. He seemed confused, clumsy, and was falling asleep. He performed poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test.
Under Florida Statute 901.15, an officer must observed all elements off a misdemeanor crime, such as a DUI. In a DUI, the officer must see the defendant behind the wheel when there is no crash. Here, no officer observed the defendant behind the wheel as he was coming out of the ambulance when police arrived. Thus, the arrest was unlawful pursuant to the above mentioned statue. The State Dropped the DUI.
The State dropped the DUI.
Feb 12, 2020 Case: 19-CT-002783 Judge Sestak
The defendant was found passed out at a gas pump. The defendant advised he was too drunk to drive so he pulled over. Officers noticed an odor of alcohol, glassy eyes, and he was very unsteady. The defendant advised he had been drinking alcohol all day. He refused roadside tests and was arrested for DUI. He later refused the breath test.
On video, the officer received a cell phone call during the DUI investigation. Prior to asking the defendant to do roadsides, the officer is heard telling the caller on the cell phone, referring to the defendant, that he was "gonna snatch his ass and read him implied consent.” In other words, he already had his mind made up he was going to arrest him prior to any investigation. This was brought to the State's attention who hadn't watched the video. The State Dropped the DUI.
The State dropped the DUI.
Feb 11, 2020 Case: 19-CT-017389 Judge Conrad
The defendant was stopped for driving at a slow rate of speed (15 mph in a 30 mph zone). The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant was very unsteady on video and non responsive. The defendant could not perform any roadside tests due to his intoxication level. He was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
In order to violate Florida's Statute by driving too slow, one must affect and/or impede other traffic. The firm provided case law to the State that the stop was unlawful. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Feb 10, 2020 Case: 19-021218MU10A Judge Evans
The defendant was stopped for both speeding and weaving. He admitted to drinking three beers and had slurred speech. In addition, the officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant refused to perform any field sobriety tests or a breath test. A few months after this case, the defendant was arrested again on a new charge of DUI. The prosecutor filed a motion to revoke the defendant's bond and have him incarcerated. Counsel presented the video which contradicted many of the officer's conclusions.
Rather than revoke the defendant's bond, the prosecutor agreed to drop the DUI on the first case. The second case is still pending.
The State dropped the DUI.
Feb 10, 2020 Case: 19-CF-009983 Judge K. Fernandez
The defendant was the at fault driver in a traffic crash whereby he left the scene. When officers finally caught him, they observed the defendant to have slow/slurred speech, and constricted pupils. He also had blood shot eyes, swayed, and was nodding off. The officers believed he was impaired by a chemical or controlled substance. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, officers found liquid, which they believed to be liquid hydrocodone, to which the defendant did not have a prescription. He was he was also charged with Felony possession. This was also the defendant's Second DUI.
First, the firm was able to prove that the drug was not hydrocodone and the officers were wrong. The felony was Dismissed. Also, to convict a defendant of DUI, one has to be impaired by alcohol and/or a chemical and/or a controlled substance. Here, the State could not prove what substance (i.e. not hydrocodone) was impairing the defendant. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Feb 7, 2020 Case: 2019-CT-504346 Judge Gonzalez
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, watery/bloodshot eyes, and slurred speech. She stated she had consumed two glasses of wine and appeared unsteady. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .102 and a .101 in the breath machine.
When the NHTSA manual on roadside tests was created, it stated that an officer should use caution or not even administer the walk and turn or one leg stand to to individuals 60 years old or older. Here, the officer administered those difficult physical tests to a defendant who was almost 70 years old. The State Dropped the DUI.
The State dropped the DUI.
Feb 4, 2020 Case: 19-CT-007727 Judge Farr
The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, slurred speech, and he had fumbling fingers. The defendant had bloodshot eyes and admitted to having consumed a couple of glasses of wine. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
The officer's reports exaggerated the defendant's level of impairment as compared to the video tape. The firm pointed out all the specific details to the prosecutor. The State Dropped the DUI.
The State dropped the DUI.
Feb 4, 2020 Case: 19-CT-001164 Judge Bell
The defendant was stopped for driving erratically. He ran a stop sign, rolled past a stop bar, weaved, and almost caused a crash. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having 2-3 beers. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew .186, .147, and .168 in the breath machine.
Only two breath samples are required in the State of Florida. Here, the machine was having issues and three were obtained. Two of them were outside the margin of error.
The State dropped the DUI.
Feb 4, 2020 Case: 19-MM-007569 Judge Collins
The defendant was seen by civilians driving erratically and into oncoming traffic. When officers arrived, they observed an odor of alcohol, slurred speech, and blood shot eyes. The defendant stated she had consumed 2-3 mixed drinks. After performing the field sobriety tests, she was arrested for DUI.
When officers arrived, the defendant was outside her car. Since there was no crash, the arrest was unlawful under Florida Statute 901.15 as no officer saw her behind the wheel.
The State dropped the DUI.
Jan 28, 2020 Case: 19-CT-502728 Judge Hayward
The defendant crashed his car into a ditch. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. He also swayed while he stood and appeared off balance. He told the officers under oath that a few individuals tried to rob him and there was a struggle which caused him to roll the car into the ditch. The defendant refused to perform the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's third DUI and second refusal charge.
Under the legal doctrine of corpus delicti, there must be substantial independent evidence of a crime, other than the defendant's statements. Here, the State could not prove that the defendant was the driver other than his statement admitting to rolling the car into the ditch. The State Dismissed the defendant's Third DUI and also the refusal charge.
The DUI was dismissed.
Jan 28, 2020 Case: 19-021238MU10A Judge Levy
The defendant was speeding and was the at fault drier in a head on collision. Upon arrival, officers observed a strong odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. On video, the defendant dropped his paperwork multiple times. The defendant complained of chest injuries and was taken to the hospital. At the hospital, a DUI officer conducted an investigation and through the interview process the defendant acknowledged to drinking 4 beers. He later refused a blood test and admitted he might he might be over the legal limit. He was arrested for DUI. This was the defendant's Second offense.
Parks & Braxton retrieved a second video. The second video revealed a DUI investigation of the victim in the crash. The State acknowledged the lack of credibility of their wheel witness and dropped the DUI.
The State dropped the DUI.
Jan 27, 2020 Case: 19-CT-035684 Judge Ingram
An anonymous person told the police that the defendant was passing in out of consciousness at a red light. The officer made contact with her and smelled an odor of alcohol. He also observed glassy eyes, slurred/mumbled speech, and she swayed as she stood. She refused to perform roadside tests and was arrested for DUI. This was the defendant's Second DUI.
Parks and Braxton filed pretrial motions to suppress evidence. The first motion was that the defendant was never given any adverse consequences when she refused field sobriety tests. Also, under Florida law, a request for a breath test must be incident to lawful arrest. Here, the officer asked for a breath test on video tape prior to her arrest. The firm then filed a motion to exclude the refusal to provide breath sample. Prior to any motion hearings, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 24, 2020 Case: 19-CT-039783 Judge Jacobus
Officers saw the defendant as his car was stuck in a grassy drainage ditch. Officers observed the defendant to have an odor of alcohol, slurred speech, and he was staggering. The defendant's movements were slow, lethargic, and he also stated he had drank three beers and two shots. The defendant refused to perform roadside tests and was arrested for DUI.
There was no proof that the defendant had driven while under the influence of alcohol because time had passed while the vehicle was stuck in the ditch and it was not operable when the police arrived.
The State dropped the DUI.
Jan 24, 2020 Case: 2019-CT-017464 Judge Bonavita
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had an orbital sway. According to the officer, he failed the field sobriety tests, and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI within five years.
In the NHTSA manual on roadside tests, it states that the area where roadside tests are performed must be level. In the police reports, the officer wrote that the area was level where he had the defendant do the walk and turn and one leg stand. However, the defense pointed out to the State that the parking lot area where they were performed was on a big slope. This was captured on tape. Thus, the roadsides were conducted in violation of the manual. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 22, 2020 Case: 19-CT-010416 Judge Gutman
The defendant was stopped for driving without his headlights activated. The defendant had an odor of alcohol, lethargic movements, and glassy eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .180 and a .176 in the breath machine.
The firm was able to show that the officer's video contradicted the officer's reports. Thus, the officer's credibility was called into question.
The State dropped the DUI.
Jan 22, 2020 Case: 19-CT-013937 Judge Myers
The defendant was stopped for driving with no headlights and no taillights. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. After performing the roadside tasks, she was arrested for DUI. After her arrest, she blew a .123 and a .117 in the breath machine.
Under the theory of absorption and elimination of alcohol, called retrograde extrapolation, the firm was able to put the defendants breath alcohol level under a .08 at the time of driving.
The State dropped the DUI.
Jan 20, 2020 Case: 18-036103MU10A Judge Solomon
The defendant was stopped for speeding, running a red light, and running a stop sign. Officers smelled an odor of alcohol as well as an odor of marijuana. They observed bloodshot eyes and slurred speech. He performed very poorly on the video taped roadside tests and was arrested for DUI. He later refused the breath and urine tests.
The defendant suffers from ADHD, whereby many of the characteristics he exhibits mirror the effects of alcohol impairment. Despite the fact that the defendant's performance on the field sobriety tests were less than perfect, the defendant's medical history proved as a good explanation for the impairment. The State dropped the DUI and he received no conviction.
The State dropped the DUI.
Jan 14, 2020 Case: 19-021210MU10A Judge Pole
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and red/glassy eyes. He also noticed the defendant swaying. The defendant had a flushed face and difficulty locating his registration, which was in his hand. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test.
The video was inconsistent with the police reports and testimony of the officer. The State Dropped the DUI and he received no conviction.
The State dropped the DUI.
Jan 10, 2020 Case: 2019-CT-011168 Judge Harper for Cunningham
The defendant was involved in a crash at a fast food restaurant parking lot. He fled the scene and went back to his neighborhood. The tag on his vehicle was run after police were called and they tracked him down. He was sitting on the ground next to the vehicle in question. The officer observed an odor of alcohol, extremely slurred/not understandable speech, and bloodshot eyes. He was unsteady, lethargic, and very argumentative. He refused to perform field sobriety tests and was arrested for DUI. He was also charged with leaving the scene of an accident and willfully refusing to sign the DUI citation.
Parks and Braxton pointed out to the State that the victim of the alleged crash stated that the truck was red in the 911 call. However, the truck the defendant was found sitting next to was blue. Thus, the caller's credibility about being able to actually ID the defendant as the driver was called into question. We also provided pictures to the State showing no damage. Thus, there was no "accident" as defined by case law. Therefore, the defendant could not have left the scene of an accident. If there was no actual crash initially as defined by the case law, the defendant was then being unlawfully detained by the police. The State Dropped the DUI and Dismissed all the other charges.
The State dropped the DUI.
Jan 8, 2020 Case: 19-CT-007318 Judge Jeske
The defendant was the at fault driver whereby he hit two parked cars. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He swayed as he stood and was not making any sense in his statements to police. He refused to do roadside tests and was arrested for DUI.
Parks & Braxton provided pictures to the State of the defendant's windshield after the crash, showing it had been shattered. The defendant's head had slammed into the windshield. Thus any impairment could have been as equally attributable to the crash versus alcohol. The State Dropped the DUI.
The State dropped the DUI.
Jan 7, 2020 Case: 19-CT-013229 Judge Farr
The defendant was stopped after an officer said the defendant cut him off. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
The officer exaggerated the level of impairment in the roadside reports as compared to the video tape. The State dropped the DUI.
The State dropped the DUI.
Jan 7, 2020 Case: 2019-CT-003125 Judge Jeske
The defendant was stopped for speeding. The officer noticed an odor of alcohol and he admitted to having drank two cocktails. He then performed the field sobriety tests such as the one leg stand and walk and turn. He was then arrested for DUI and later refused the breath test.
An officer must have reasonable suspicion of a crime in order to request roadside tests. The officer must have specific facts that the defendant was impaired. A mere odor of alcohol is not enough with no erratic driving. Thus, all the roadside tests could have been excluded. The State Dropped the DUI.
The State dropped the DUI.
Jan 7, 2020 Case: 2019-CT-013350 Judge Farr
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and glassy eyes. His face was flushed, his dexterity poor, and he kept wetting his lips. He also had a flushed face and was unsteady. He refused to perform the roadside tests and was arrested for DUI. He later refused the breath test.
The video contradicted the officer’s reports. The defendant did not appear unsteady and his speech appeared normal. The State Dropped the DUI.
The State dropped the DUI.
Jan 7, 2020 Case: 19-CT-002237 Judge Gutman
The defendant failed to yield the right of way and was the at fault driver in a traffic crash. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He was slow and lethargic, and he also swayed back and forth. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .090 in the breath machine. This was the defendant's Second DUI within five years.
The firm was able to show that the defendant's breath alcohol level was under the legal limit through a .02 margin of error. Also, the video contradicted the officer's reports as to the observations both before and during the roadside tests. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Dec 30, 2019 Case: 2019-CT-503372 Judge Gonzalez
The defendant was stopped for weaving all over the road and driving east bound in the west bound lanes. The officer did not smell any alcohol but observed slurred speech. Believing she was impaired, she was then asked to perform field sobriety tests. For example, on the walk and turn, she did not walk heel to toe, stepped off the line multiple times, and was unsteady. On the one leg stand, she failed to count, used her arms for balance, and failed to keep her toe elevated. She was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
To prove DUI, the state must prove that the defendant was impaired by alcohol, and/or a controlled and/or chemical substance. Here, the defense filed a motion for statement of particulars to pin the State down as to their theory of prosecution. They could not prove what substance was allegedly impairing the defendant and the Second DUI was Dismissed.
The DUI was dismissed
Dec 30, 2019 Case: 2019-CT-011579 Judge Farr
The defendant was involved in a crash in an intersection with another vehicle. The police alleged he ran a red light and the other vehicle had the right of way. They observed the defendant to have an odor of alcohol, red/glassy eyes, and slurred speech. He was asked to perform field sobriety tests to which he refused. He was arrested for DUI and later refused the breath test.
The defendant obtained the DUI video tape in discovery. For some unexplained reason, the officer did not place the defendant in front of the patrol car dash camera during the entire DUI investigation. However, we could hear the defendant speaking and his speech sounded normal, not slurred. Also, he denied that he ran the red light and said that the other driver ran the red. The State Dropped the DUI just prior to trial.
The State dropped the DUI.
Dec 30, 2019 Case: 2019-CT-010703 Judge Farr
The defendant crashed and rolled over his vehicle in the rain trying to avoid an object in the road. Police helped the defendant get out of the vehicle as it was upside down. They observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He swayed, appeared unsteady, and staggered. He refused to perform 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 the defendant was injured from the crash. Any impairment such as speech issues and unsteadiness were as equally attributable to the severity of the crash versus alcohol. The State Dropped the DUI.
The State dropped the DUI.
Dec 20, 2019 Case: 19-CT-001163 Judge Bell
The defendant drove up to the scene where her boyfriend was being stopped by police. Officers noticed her to have an odor of alcohol, slurred speech, and a flushed face. She also had watery eyes and admitted to having drank beer. She performed field sobriety tests on video tape and was arrested for DUI. After her arrest, she blew a .178 and a .177 in the breath machine.
Officers saw her pull up and ordered her over to them. This was an unlawful command, because at that point, no DUI observations had been made. Thus, there was no reasonable suspicion of a crime (ie. DUI), justifying the initial command.
The State dropped the DUI.
Dec 17, 2019 Case: 18-034710MU10A Judge Evans
The defendant was the at fault driver in a crash whereby he failed to yield the right of way. Officers observed the defendant to have an odor of alcohol and slurred speech. The defendant stated he had drank alcohol, but would not state how much. The defendant was very off balance. The defendant performed very poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
There was no video at the scene. There was a video at the BAT facility. The officer made the defendant out to be a falling down drunk at the scene. However, on tape later at the BAT, the defendant was not off balance or unsteady. Also, the defendant's speech was normal and there was no slurred speech on tape. The State Dropped the defendant's Third DUI.
The State dropped the DUI.
Dec 11, 2019 Case: 19-CF-001453 Judge Espinosa
The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol and an odor of marijuana coming from inside the car. The defendant had slurred speech and red eyes. The officer observed two green beer bottles in the driver's door. After performing field sobriety tests, he was arrested for DUI. He later blew a .179 and a .166 in the breath machine. He was also charged with having a felony controlled substance without a prescription.
The facts surrounding the traffic stop were only vaguely described. Thus, the lawfulness of the stop was called into question. The State Dropped the DUI and the firm is now working on getting the felony dropped too.
The State dropped the DUI.
Dec 11, 2019 Case: 19-CT-005966 Judge Mcneil
The defendant was stopped for weaving. The officers didn't notice an odor of alcohol, however, they did observe bloodshot eyes, slow/slurred speech, and his responses were slow. The defendant was very unsteady and almost fell over. The officer even had to catch him. There was also an odor of urine on the defendant. Believing he was impaired by drugs, and not alcohol, he then performed the field sobriety tests. He performed very poorly on the roadside tests and was arrested for DUI. He later submitted to a urine test which showed positive results for Xanax.
There was no video at the scene. The officer's reports made no sense, in that the defendant was practically almost falling down, yet the officer still had him perform the walk the line and one leg stand.
The State dropped the DUI.
Dec 10, 2019 Case: 19-CT-502148 Judge Swett
The defendant was stopped for crossing over the lane markers several times. Upon contact, the officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. When asked for his driver's license, the defendant provided a Costco card. The defendant was unable to follow basic commands and also stumbled. He performed poorly on the videotaped roadside tests and was arrested for DUI. He later refused the breath test.
Per the NHTSA manual on roadside tests, field sobriety tests are supposed to be conducted in a well lit area. In this case, the officer had the defendant perform them in pitch black darkness. On the day of trial, the State dropped the DUI.
The State dropped the DUI.
Dec 10, 2019 Case: 19-CT-502148 Judge Swett
The defendant was stopped for crossing over the lane markers several times. Upon contact, the officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. When asked for his driver's license, the defendant provided a Costco card. The defendant was unable to follow basic commands and also stumbled. He performed poorly on the videotaped roadside tests and was arrested for DUI. He later refused the breath test.
Per the NHTSA manual on roadside tests, field sobriety tests are supposed to be conducted in a well lit area. In this case, the officer had the defendant perform them in pitch black darkness. On the day of trial, the State dropped the DUI.
The State dropped the DUI.
Dec 6, 2019 Case: 4534-XFD Judge Martinez
The defendant was stopped for speeding. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. His face was flushed and he was also very unsteady. The defendant admitted to having consumed 5 cocktails. Due to safety concerns, he was unable to perform roadside tasks. He was arrested for DUI and later blew .132 and .123 in the breath machine.
The officer never called for an in car camera to the scene even though one was available. The defendant's story contradicted the officers alleged observations it the reports.
The State dropped the DUI.
Dec 4, 2019 Case: 2019-MM-003023 Judge Eissey
The defendant was stopped for straddling the center white line and driving under the speed limit. The officer noticed an odor of alcohol, red/glassy eyes, and slurred speech. Her statements were inconsistent and incoherent. She stumbled and appeared confused. She refused to perform field sobriety tests and was arrested for DUI. She later refused the breath test. At the station, she became aggressive and allegedly kicked the officer and was also charged with Felony resisting an officer with violence.
On the video, the officer misstated the law when requesting the defendant to perform field sobriety tests. Also, on tape, she never stumbled or appeared incoherent. The defense was also able to show that it was the officers who were aggressive with her initially back at the station and she was simply defending herself. The State Dropped the DUI and the Felony was also Dropped to a misdemeanor battery whereby she received no conviction.
The State dropped the DUI.
Nov 26, 2019 Case: 19-CT-501958 Judge Gagliardi
The defendant was stopped for weaving all over the road. The 911 caller which led to the stop, stated that the defendant was driving on sidewalks and almost striking cars. The officer observed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant agreed to perform the field sobriety tests. For example, on the walk and turn, he took an incorrect number of steps, almost fell, and missed heel to toe. On the one leg stand, the defendant only made it two seconds before he put his foot down, swayed, and used his arms for balance. He was then arrested for DUI and later refused the breath test.
Through pre-trial discovery, Parks & Braxton discovered that the civilian 911 caller had stayed on scene and was filming the field sobriety tests. It should be noted that the officer did not have an in-car camera or a body worn camera. The firm requested that video because we alleged that it would show that the officer was exaggerating the defendant's level of impairment. The officer made no effort to get a copy from the witness and no effort was made by the State to get a copy. Due to the lack of videotape evidence in the case, the State Dropped the DUI.
The State Dropped the DUI.
Nov 22, 2019 Case: 18-036116MU10A Judge Pole
The defendant was stopped for speeding, failing to stop at a red light, and weaving. The officer noticed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. She stated to the officer that she had been through this before. After performing the roadside tests, she was arrested for DUI. After her arrest, she blew a .090 in the breath machine.
Parks & Braxton was able to get the defendant's statements excluded. In addition, since the defendant's breath was over an hour later, the State could not prove that the defendant was over the legal limit at the time of driving. The State Dropped the DUI and she received no conviction on her record.
The State dropped the DUI.
Nov 21, 2019 Case: 19-CT-034868 Judge T. Brown
The defendant was stopped for jerking the steering wheel and erratically braking. The officer observed an odor of alcohol, bloodshot glassy eyes, and she was unsteady. The defendant stated she had one drink earlier in the day. After performing roadsides tests, she was arrested for DUI.
There was no probable cause to believe any traffic infraction occurred, nor any reasonable suspicion of a crime that the defendant was an impaired driver justifying the lawfulness of the traffic stop. The State Dropped the DUI and the defendant received no criminal conviction on her record.
The State dropped the DUI.
Nov 19, 2019 Case: 2019-CT-009305 Judge Conrad
The defendant was stopped for speeding (85 mph in a 55 mph zone). The officer noticed the defendant to have an odor of alcohol, slurred speech, and fumbling fingers. He also had bloodshot eyes and unstable balance. The defendant admitted to having consumed three Crown Royal whiskey drinks. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .135 and a .133 in the breath machine.
The defendant's performance on the field sobriety tests on video tape clearly showed that he was still absorbing alcohol and his breath alcohol content may have been lower than .08 at the time of driving. It should be noted that the breath test as taken almost 90 minutes after the traffic stop.
The State dropped the DUI.
Nov 19, 2019 Case: 19-CT-041668 Judge Koenig
The defendant was stopped for speeding (80 mph in a 50 mph zone) and weaving in and out of traffic. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot/watery eyes. The defendant was also slow exiting the car. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Due to the defendant not performing the roadside tests, it was apparent on tape there was a lack of probable cause to arrest the defendant. The State Dropped the DUI.
The State dropped the DUI.
Nov 18, 2019 Case: 19-CT-019013 Judge Damico
The defendant was stopped after failing to stop at a red light. The red light camera flashed numerous times. The officer then proceeded through traffic to stop the defendant. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated he had drank a couple of glasses of wine. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Parks & Braxton showed that the defendant never ran the red light and that the officer never obtained the red light camera. From his vantage point, and traffic, there was no way he could have seen the defendant run a red light. Thus, the lawfulness of the stop was called into question and so was the officer's credibility.
The DUI was dismissed.
Nov 18, 2019 Case: 19-CT-015564 Judge Jeske
The defendant was stopped for weaving all over the road. Upon contact, the officer observed the defendant to be lethargic, have bloodshot eyes, and he swayed. The defendant admitted to having smoked pot with some friends prior to driving. After performing field sobriety tests, he was arrested for DUI. He later provided a urine sample which tested positive for marijuana at the FDLE lab.
Parks & Braxton provided evidence to the State regarding the defendant's car, showing the alignment and tires were messed up which would have caused it to swerve. Also we pointed out to the State that on tape there was no probable cause to arrest the defendant for DUI. The State agreed and Dismissed the DUI.
The DUI was dismissed.
Nov 15, 2019 Case: 2019-MM-034754 Judge Atkin
The defendant was stopped for swerving. The defendant had an odor of alcohol, slurred speech, and was unsteady. He admitted to having drank 3 beers and was also swaying. He performed poorly on the roadside tests. For example, on the walk and turn, he stepped off the line, lost his balance while turning, and took an incorrect number of steps. On the one leg stand, he put his foot down, hopped and swayed. He was then arrested for DUI. He later refused the breath test. He was also charged with possession of marijuana.
The firm raised issues of the lawfulness of the traffic stop due to other traffic not being affected by his driving. The State Dropped the DUI and the possession charge was dismissed.
The State dropped the DUI.
Nov 13, 2019 Case: 2019-CT-001887 Judge Myers
The defendant struck a median and a FDOT sign causing damage. A police officer observed the crash and stopped the defendant. The officer observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. She was unsteady exiting her car, swayed as she stood, and stated she had drank two cocktails. Due to safety concerns, no roadside tests were conducted and she was arrested for DUI. She later refused the breath test.
The video contradicted the majority of the officer's observations as written in the reports.
The State dropped the DUI.
Oct 31, 2019 Case: 2019-CT-011030 Judge Farr
The defendant was found by police passed out in his car in a parking lot. The officers made contact with him to assess his well being. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank 4 beers. After performing poorly on the roadside tests, he was arrested for DUI. He later blew a .185 and a .183 in the breath machine.
Since the defendant was sleeping in his car, he was not in actual physical control. He had no "capability" to operate the vehicle while sleeping.
The State dropped the DUI.
Oct 30, 2019 Case: 2019-CT-009273 Judge Jeske
The defendant was found passed out in his car. The officers noticed an odor of alcohol upon awakening the defendant. They also noticed that he was unsteady, had glassy eyes, and slurred speech. He performed poorly on the roadside tests. For example, on the walk and turn, he stepped off the line and was not walking heel to toe. On the finger to nose, he missed the tip of his nose several times. He was arrested for DUI and later refused a breath test.
For the police to order someone out of their car, the officers must have reasonable suspicion of crime. In other words, there must be some specific facts to point too that the defendant was impaired, and not just innocently sleeping. Here, there was none. Thus, the initial ordering of the defendant out of his car was unlawful and all the evidence could have been thrown out. The State Dropped the DUI.
The State dropped the DUI.
Oct 30, 2019 Case: 2019-CT-007931 Judge
The defendant was stopped for driving with her high beam lights on at night. The officer observed an odor of alcohol, bloodshot eyes, and fumbling fingers. She also had slurred speech and admitted to having drank vodka/cranberry. After performing the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .149 and a .160 in the breath machine.
On video, it appeared as if one officer was training the other. The trainee mixed up several parts of the instructions on the field sobriety tests in contradiction to the NHTSA manual on roadsides The State Dropped the DUI.
The State dropped the DUI.
Oct 29, 2019 Case: 19-001027MU10A Judge M. Brown
The defendant was the at fault driver in a crash whereby he hit a pole. He was found in his car, a little bit down the road. The officers observed the defendant to have an odor of alcohol, slurred speech, and glassy/bloodshot eyes. He appeared to be in a daze, unsteady, lethargic, and stumbling. He was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test. He was also charged with leaving the scene of an accident.
Parks & Braxton announced ready for trial. The arresting officer's own body worn camera contradicted his written reports. The defendant was not off balance, stumbling or unsteady. In addition, the officer misstated the law when asking for roadside tests by telling him that his license will be suspended. A license suspension only applies to a refusal to provide breath, blood, or urine. On the day of trial the State Dropped the DUI and he received no conviction in his record. They also Dismissed the leaving the scene of the accident because the defendant simply pulled down the road to get away from the wires.
The State dropped the DUI.
Oct 28, 2019 Case: 2019-CT-000772 Judge Tinlin
The defendant was stopped for speeding and swerving. The officer observed an odor of alcohol, a flushed face, and slurred speech. The defendant admitted to having drank wine, swayed, staggered, and was disoriented. She performed poorly on the roadside tests and was arrested for DUI. She later blew a .191 and a .189 in the breath machine.
The officer misstated the law and coerced the defendant into taking a breath test. Thus, the breath test may have been excluded from evidence.
The State dropped the DUI.
Oct 24, 2019 Case: 2019-CT-502000 Judge Gagliardi
The defendant was the at fault driver in a crash whereby she made a wide turn and hit another car. The officer observed an odor of alcohol, thick tongue speech, and bloodshot eyes. She admitted to having consumed 4 to 5 drinks. She performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .107 and a .107 in the breath machine.
There was no video at the scene. The officer's reports were very vague as to the specifics of the defendant's performance on the roadside tests. Also, the defendant was not administered the breath test for a few hours after her arrest. Thus, there was no way to extrapolate back as to whether she was above or below .08 at the time of driving.
The State dropped the DUI.
Oct 22, 2019 Case: 2019-CT-012250 Judge Conrad
The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, watery eyes, a pale face, and she was off balance. She also had slurred/thick tongued speech. She refused to perform field sobriety tests and was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI.
Under Florida law, a breath test can only be requested after arrest. Here, the officer asked for a breath test prior to arrest. Thus, the defendant's refusal to provide a breath test would have been inadmissible. Also, the officer never gave the defendant any adverse consequences when she refused roadside tests. Thus, her refusal to perform field sobriety tests would have also been inadmissible. The state Dropped the defendant's second DUI.
The State dropped the DUI.
Oct 21, 2019 Case: 2019-CT-013949 Judge Myers
The defendant was found passed out at an intersection traffic light. Multiple attempts were taken to try to awaken her. After breaking the window to get her up, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. She was extremely off balance and couldn't perform all the field sobriety tests. She was arrested for DUI and later refused the breath test. The defendant also has another open DUI pending.
Due to the video tape not being provided in a timely fashion, the firm was able to get the State to Drop the DUI.
The State dropped the DUI.
Oct 17, 2019 Case: 2019-CT-030556 Judge Babb
The defendant was stopped for weaving. The officer noticed an odor of alcohol, a flushed/red face, and bloodshot eyes. The defendant could not recall how much alcohol he had drank. After performing the roadside tests, he was arrested for DUI. He later blew a .144 and a .140 in the breath machine.
The defendant was coerced into taking a breath test. Specifically, the officer told him that if he blew under a .08, he would only get a ticket. The defendant was led to believe that he could be released from custody if he agreed to blow in to the machine. An officer cannot dangle freedom when trying to obtain a breath test. One will not be unarrested once taken in to the jail after being arrested for DUI. Thus, the breath test results would have been excluded.
The State dropped the DUI.
Oct 17, 2019 Case: 2019-CT-032878 Judge Babb
The defendant was stopped for traveling at a slow rate of speed and leaving the roadway twice into the grass. Upon contact, the officer noticed an odor of alcohol, slurred speech, and watery eyes. She stumbled, staggered, swayed, and was clumsy. She admitted she should not have been driving. She performed poorly on the field sobriety tests and was arrested for DUI. She later blew a .126 and a .125 in the breath machine.
The lawfulness of the traffic stop was called into question. Here, no traffic was affected by her slow driving and the leaving the road two times. She also did not endanger anyone with her driving. Thus, there was no probable cause to effect the traffic stop. The State Dropped the DUI.
The State dropped the DUI.
Oct 17, 2019 Case: 2019-CF-035695 Judge Koenig
The defendant was stopped for speeding. The officer observed an odor of alcohol, glassy/bloodshot eyes, and he admitted to having consumed two beers. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused the breath test. In a search subsequent to arrest, the officer also discovered cocaine and the defendant as charged with felony possession.
In order to lawfully request a defendant to perform roadside tasks, there must reasonable suspicion of a crime. In other words, there must be some evidence that the defendant was impaired. Here, there was no erratic driving, no balance issues, and no speech issues. Thus, all the field sobriety test would have been inadmissible. The State Dropped the DUI and firm is working on trying to get the felony dismissed.
The State dropped the DUI.
Oct 16, 2019 Case: 2019-CT-005001 Judge Mcneil
The defendant was found passed out in his car at a gas pump. It took numerous attempts to try to awaken the defendant. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, and glossy eyes. After performing the field sobriety tests, he was arrested for DUI. He later refused the breath test.
The officers’ reports were very vaguely written. The video of the defendant contradicted many of the observations on the reports. The week before trial, the State Dropped the DUI.
The State dropped the DUI.
Oct 15, 2019 Case: AAZ7LUE Judge Riba
The defendant was stopped for speeding and driving without lights. The officer noticed an odor of alcohol, watery eyes, and a flushed face. After performing numerous roadside tests, he was arrested for DUI. He later blew a .081 in the breath machine.
Based on the margin of error built into the breath machine, the State was unable to prove that the defendant was above the legal limit of .08. The State Dropped the DUI.
The State dropped the DUI.
Oct 15, 2019 Case: AALFX2E Judge Riba
The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes, and he had slow reactions. He also had a flushed face and admitted to having drank gin and tonics. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
The officer exaggerated the defendant's alleged impairment on the field sobriety tests. His video contradicted all the reports.
The State dropped the DUI.
Oct 15, 2019 Case: 18-028556MU10A Judge Gottlieb
The police received a call regarding an intoxicated woman who just left a bar. At the same time, a call was placed to 911 regarding a female who was being followed by a man. The police located both vehicles with the woman parked on the side of the road with the engine running. The officer approached the female and observed characteristics of impairment. Specifically, he observed a strong odor of alcohol, bloodshot eyes, as well as slurred speech. The initial officer called for a DUI task force officer. The DUI officer arrived and conducted field sobriety tests. The defendant was arrested and blew .087 in the breath machine. In addition, the defendant provided a urine sample and tested positive for three (3) controlled substances.
Parks & Braxton filed a motion to compel the 911 call. It was later revealed that the 911 call was destroyed. Depositions were taken from both officers. In deposition, the officers agreed that they should have investigated the male who was parked behind the defendant. Parks and Braxton filed a motion to dismiss based on a necessity defense. Specifically, the defendant was legally entitled to commit a DUI in order to avoid the greater harm of being assaulted by the man who was following her. The Prosecutor agreed and subsequently dropped the DUI.
The State dropped the DUI.
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