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After conversations the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was charged with a third offense felony DUI. He was involved in a crash whereby he drove his vehicle into a tree. It is important to note that the defendant did not suffer any injuries. There were several witnesses to the crash. The defendant left the scene in a different car, but returned shortly thereafter. After the witnesses identified the defendant as the driver the officers began conducting a DUI investigation. The officers asked the defendant a series of questions relating to his health. He informed them that he was a diabetic. He did not, however, tell the officers that he was suffering from a high or low blood sugar level. In addition, he did not complain of any injuries. The officers conducted a series a field sobriety tests and subsequently arrested the defendant for DUI. After arrest he was asked to provide a breath test to which he agreed. Fire rescue informed the police that the defendant had to be medically cleared first before they can take him to jail. As a result, the officers requested a blood test claiming that because the defendant was going to the hospital for medical clearance it would be impractical to obtain a breath test. He subsequently agreed. His blood alcohol level was a .257 (over three times the legal limit).
After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
After pointing out a lack of probable cause to arrest her based on the video tape evidence, the State Dropped the DUI and the defendant received no penalties other than court costs.
Many written observations in the police reports were contradicted by the video. After conversations with the State regarding the evidence and the defendant, the State Dropped the Defendant's Second DUI.
The defendant was stopped for speeding. It was later determined that she had an expired driver's license. The officer noticed an odor of alcohol, bloodshot/watery eyes, and she admitted to having one drink. She then performed the HGN (eyes test), walk and turn, one leg stand, finger to nose, and the estimation of 30 seconds. She was then arrested for DUI and later refused a breath test.
After speaking with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was stopped for weaving all over the road and speeding. Other cars were honking at him because of the driving pattern. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he had lethargic movements. An open alcoholic container was found in the driver's cup holder. He then performed numerous roadside tasks such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
Although the officer had an in-car camera, he never put the defendant in front of the camera so we can truly observe his demeanor and hear him speak. In addition, the officer took an audio recorded statement of the defendant, however, the police never turned it over to the State. Due to the above issues, the State Dropped the DUI. The defendant also received no conviction for the leaving the scene of the accident charge.
The defendant was stopped for having illegal dark tint. Once stopped, the officer observed slow speech, red/bloodshot eyes, and a strong odor of marijuana emanating from the car. He appeared drowsy and fatigued, swayed, and had eyelid tremors. According to the officer, the defendant tried to hide a marijuana blunt in a soda cup in his center console. Believing he was impaired by the marijuana, the defendant performed various field sobriety tests and was arrested for DUI. He later submitted to a urine test which came back positive for marijuana from the lab. He was also charged with felony tampering with evidence for trying to hide/destroy/conceal the blunt.
Police were called to a gas station parking lot because the defendant was found passed out behind the wheel. Once they awoke the defendant, they smelled burnt marijuana emanating from the car, her eyes were watery/bloodshot, very slurred speech, a fixed gaze, and her pupils were dilated. She performed various non-physical roadside tests such as the HGN (eye test), finger to nose, and the alphabet. She was then arrested for DUI and later provided a urine test which came back positive from the lab for marijuana and two other controlled substances. She also was also arrested for Felony possession of controlled substance for a pill found in the car to which she didn't have a prescription for.
The lab never turned the report over to the State. Thus, the State could not provide it to the defense. Due to the unknown whereabouts of the lab report the State Dismissed the DUI.
The officer who stopped the defendant did not smell any alcohol and did not observe any slurred speech. In fact, he told the DUI officer that he did not think the defendant was signal one (code for DUI). Yet, he was still being unlawfully detained for a DUI investigation. On tape, the defendant was not unsteady, never staggered, and didn't sway. Also, he also performed very well on the field sobriety tests on tape as compared to what was written. The DUI officer was making the defendant out to be a falling down drunk which was the complete opposite of the video tape. Now that the arresting officer's credibility was called into question, as the reports were totally contradicted by videotape, the State Dropped the DUI.
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, bloodshot eyes, and he admitted to having drank two beers. The defendant then performed the HGN (eye test) and refused to perform any other tests. He was then arrested for DUI and later refused a breath test.
The defendant was stopped for weaving within her lane, straddling the lane markers, and swerving to avoid a collision with a wall. The officer noticed an odor of alcohol, slurred speech, and she was unsteady. The defendant also vomited in the back seat of the police car. The defendant performed very poorly on field sobriety tests and was arrested for DUI. She later blew a .112 and .113 in the breath machine.
The defendant was stopped for speeding, weaving, and almost rear-ending another car. The officer noticed an odor of alcohol, slurred speech, and sluggish movements. She also admitted to having consumed 2 to 3 drinks. After performing various roadside tests such as the walk and turn and one leg stand, she was arrested for DUI and later refused a breath test.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Anonymous calls went out over police dispatch about a reckless driver and that the driver (i.e., the defendant) was hitting curbs. Officers located the car and went to check on the driver. The defendant was sitting in her car staring aimlessly at her cell phone which was dead and did not even see the officers approach. Officers noticed an odor of alcohol, bloodshot eyes, and slurred/fast speech. She had a flushed face, staggered while she walked, a blank/dazed expression, and swayed while she stood. She then performed poorly on roadside tests and was arrested for DUI. She later blew a .185 and .168 in the breath machine.
When there is an anonymous tip, police officers need corroboration of that tip to show reliability. The reason being is that anonymous tips are at the low end of the reliability scale. Here, the officers did not observe any driving pattern. (i.e., corroboration). Since the defendant was seized without corroboration, the initial contact and seizure of the defendant was unlawful.
The defendant was stopped for driving over 90 mph and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. His dexterity was also clumsy per the officer. He was immediately arrested for reckless driving and then the officer put a DUI on him later at the station. At the jail, he refused to perform any field sobriety tests or a breath test.
The defendant was stopped for weaving, speeding and running a red light. The police officer noticed an odor of alcohol, a flushed face, slurred speech, and he appeared unsteady. He also had a red bar bracelet on his wrist and admitted to having drank alcohol. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
The defendant was stopped for speeding. He was pace clocked by the officer at 125 mph in a 70 mph zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He stated that he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He performed poorly and was arrested for DUI. He later attempted to blow into the breath machine, but kept stopping and then blowing so the police could not get two valid samples. Since he would not blow properly as instructed, it was marked as a refusal.
The defendant was the at fault driver after crashing into several large barricades. When officers stopped the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He also had a flushed face, admitted to having drank four beers, and a sway while standing and walking. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .156 and .140 in the breath machine.
The firm pointed out to the State, that on tape, the defendant's normal faculties were not impaired. His speech was normal and he was not off balance or unsteady in any way. He also was responsive, coherent, stood without a sway, and walked normally. He also performed the field sobriety tests much better on tape than as described in the police reports. The State watched the video, agreed with our position, and Dropped the DUI. He was also charged with not having a valid driver's license and that charge was Dismissed.
On tape, the defendant's speech was normal, he was not off balance, and he performed very good on the field sobriety tests. We put forth to the State that there was a lack of probable cause to arrest him.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was stopped for driving without headlights at night. The officer observed an odor of alcohol, glassy eyes, and an unsteady balance. The defendant needed to lean on the officer’s front bumper and an electric box for balance. He performed poorly on roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later blew a .125 and .118 in the breath machine.
The officer made the defendant out to be a falling down drunk. The video contradicted all the reports. His performance on the field sobriety tests was much better on video than written.
The defendant was stopped after he was seen driving the wrong way down a one-way street. He also had no lights on. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was unsteady and stumbled. He then performed various field sobriety tests such as the one leg stand and walk and turn. He was arrested for DUI and later blew a .150 and .142 in the breath machine.
The defendant crashed his car into a light pole. When officers arrived, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. They also found Bush Light beers in the defendant's car and he swayed while he stood. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
The defendant was stopped for having an inoperable tag light. The office noticed an odor of alcohol, fast/mumbled speech, and glassy eyes. He fumbled with his documents, had dry mouth, and stated he had consumed two mixed drinks. He was unsteady when exiting he car, swayed while he stood, and walked very slowly. He performed poorly on roadside tests and was arrested for DUI. He later blew a .130 and .129 in the breath machine.
The defendant was stopped for an inoperative rear brake light and failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and he moved slowly. The defendant also had bloodshot/watery eyes, had difficulty concentrating, and stated he had drank two shots of alcohol. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. The defendant was then arrested for DUI and later refused a breath test.
After conversations with the State regarding the lack of evidence on tape that the defendant's normal faculties were impaired, the State agreed to Drop the DUI.
The defendant was found by police sitting in his running car while stuck on the railroad tracks. Officers observed an odor of alcohol, slurred/rambling speech, and bloodshot/glassy eyes. The defendant performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was coerced and misled into taking a breath test. The defendant is from Texas and had a Texas driver's License. On tape, at the breath testing facility, the officers were leading him to believe that if he refused a breath test, his license would also be suspended in Texas and that Florida's implied consent law also applied to Texas. That was misinformation. Based on that misinformation, he agreed to take the breath test. In addition, on tape, his speech was not slurred and he never staggered or appeared off balance. The Judge Granted the motion and suppressed (excluded) the breath test results from evidence. The firm then announced ready for trial. A few days before the trial date, the State Agreed to Drop the DUI.
After conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Police received calls about a reckless driver who was driving crazy and swerving (i.e. the defendant). Another caller responded that the defendant had crashed into a mailbox and left the scene of the accident. Officers conducted a traffic stop and noticed the defendant to have a droopy/drowsy expression, had slow/sluggish movements, appeared unsteady, stumbled, and swayed. His speech was slow at times and he had a red face. The defendant stated he had taken his prescription medicine. There was no odor of alcohol. Believing that he was impaired by drugs, he was asked to perform roadside tests. He performed very poorly and was arrested for DUI. He later provided a urine sample which came back from the FDLE lab positive for amphetamines. The defendant was also charged with leaving the scene of an accident.
On tape, the defendant's speech was not slurred and he did not appear off balance or unsteady. The State then Dropped the DUI after several negotiations.
The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank alcohol. He was unsteady and had slow/belabored movements. He then performed various field sobriety tests and was arrested for DUI. He later blew .119 and .109 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was found passed out in her car in a bar parking lot. Security officers from the bar called the police since she was unresponsive. When police arrived, the officer went up to the car and made efforts to wake up the defendant. The defendant would not respond to verbal commands, so the office began to shake her until she opened her eyes. He then began to speak with her to determine if she was in distress. Additionally, the officer asked for her driver's license. She was incoherent and her speech was slurred. The officer then noticed an odor of alcohol, bloodshot eyes, her pants were down, and she exhibited a significant lack of balance once out of her car. She performed extremely poorly on roadside tests which were captured on video and was arrested for DUI. She later blew a .098 and .099 in the breath machine.
The defendant was found passed out in her car in the middle of the road. The gear shift was in drive and her foot was on the brake. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and she admitted to having consumed alcohol. On tape, her speech was very slurred. She then refused to perform any roadside tests and was arrested for DUI. She later refused a breath test.
The State dropped the DUI.
The firm pointed out to the State that on three separate occasions interferent was detected on the breath machine when the defendant blew just prior to getting the .125 and .123. Thus, the breath test results may have been compromised by unknown interferent.
After several conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
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