| Feb 8, 2023 | Case: 22-CT-015220 | Judge Moses-Stephens |
| Facts: | A concerned citizen called police that the defendant appeared drunk and was in no condition to drive. He also tried to stop the defendant from driving. The officer located the defendant and stopped the car. He observed an odor of alcohol, watery eyes, and a flushed/red face. He also had droopy eyelids and slurred speech. He then performed various field sobriety tests and was arrested for DUI. He later blew a .093 and .090 in the breath machine. | |
| Defense: | When an anonymous tip is called in, the police must observe some corroboration such as erratic driving to legally stop the car. Here, there was no corroboration at all. Thus, the traffic stop was unlawful. The State then Dropped the DUI and the defendant received no criminal conviction. | |
| Result: | The State dropped the DUI. | |
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OUR RECENT VICTORIES
| Feb 8, 2023 | Case: 22-CT-002789 | Judge Dekleva |
| Facts: | The defendant was stopped for driving the wrong way into oncoming traffic. The officer observed an odor of alcohol, sluggish body movements, and thick tongued speech. She also had bloodshot eyes and appeared disheveled. She performed poorly on roadside tests and was arrested for DUI. She later blew a .187 and .182 in the breath machine. | |
| Defense: | After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: AGOW2XE | Judge Komninos |
| Facts: | The defendant was stopped for speeding after being seen leaving a gentleman's club. The officer noticed an odor of alcohol, a blank/dazed look, and his speech was slurred. He also had bloodshot eyes and starting demonstrating hand striking fighting motions to the officer for no reason. The defendant stated that he had consumed vodka with Red Bull. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test | |
| Defense: | After numerous discussions with the State about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: AG5PURE | Judge Komninos |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and she stated that she had a few drinks. After performing various roadside tests, she was arrested for DUI. She later refused a breath test. | |
| Defense: | Many observations written in the reports detailing her performance on the roadside tests were contradicted by the DUI video tape. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: AGE3LKE | Judge Komninos |
| Facts: | Police were called to the scene of a disturbance where there was a physical fight in which the defendant was involved. The defendant was seen leaving and was stopped by police. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was uneasy on his feet. The defendant then performed various field sobriety tests such as the finger to nose, one leg stand, and walk and turn. He was then arrested for DUI. | |
| Defense: | After several conversations with the State about the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: AG5PTTE | Judge Komninos |
| Facts: | The defendant was seen by an officer propping up his motorcycle after he had fallen. The officer went up to the defendant and noticed an odor of alcohol, glassy eyes, and an unsteady gait. The defendant stated he had drank two beers. The officer told the defendant, "don't drive and take an uber or taxi" and you won't be arrested for DUI. About 30 minutes later, the officer spotted the defendant on his bike and moving it. At that time, the officer once again stopped the defendant and began a DUI investigation. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | Under Florida law, an officer must advise a defendant of the adverse consequences if they refuse to do roadside tests or the refusal will excluded from evidence. Here, the officer did not give any consequences. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: A6SA5VE | Judge Komninos |
| Facts: | The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, slurred/thick tongued speech, and watery eyes. He appeared unsteady and swayed while outside his truck. The defendant performed only the HGN (eye test) and refused to perform any further roadside tests. He was arrested for DUI and later refused a breath test. | |
| Defense: | Under Florida law, when a defendant refuses to perform roadside tests, they must be warned of adverse consequences by the officer for their refusal or the refusal will be excluded from evidence. Here, the defendant was not given any consequences. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2023 | Case: 22-CT-003712 | Judge Wish |
| Facts: | The defendant was stopped for weaving. Upon contact, the officer noticed an odor of alcohol, slurred speech, and a flushed face. She had balance issues, had a confused/dazed look, and was very hostile and profane towards the officers. She then performed various roadside tests very poorly and was arrested for DUI. She later refused a breath test. This was the defendant's Fourth arrest. | |
| Defense: | The firm announced ready for trial. After discussions with the State about conflicts in the evidence, the State Dropped the DUI just before the trial date. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2023 | Case: 22-CF-000403 | Judge Meadows |
| Facts: | The defendant drove his car off the roadway into a canal. A civilian saw the crash and pulled him out the car. Officers arrived on scene and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He appeared unsteady while standing outside the police car. He was asked to perform roadside tests to which he refused and was then arrested for DUI. He provided one breath result of .139 and refused to provide the legally required second sample. This was the defendant's Third DUI within ten years and he was charged with Felony DUI. | |
| Defense: | The firm took pretrial depositions of the police officers and the civilian witness. All the witnesses' testimony contradicted each other, as well as the police reports, and police video. The firm announced ready for trial. The week before trial, the State Dropped the Defendant's Felony DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2023 | Case: 22-CT-012839 | Judge Gutman |
| Facts: | 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. | |
| Defense: | Due to a lack of probable cause to arrest based on the body worn cameras, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2023 | Case: 22-CT-012838 | Judge Gutman |
| Facts: | 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. | |
| Defense: | 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. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2023 | Case: 22-CT-010229 | Judge Gutman |
| Facts: | The defendant was found passed out in his car on the railroad tracks. Officers smelled an odor of alcohol, bloodshot eyes, and slurred speech. The defendant also appeared to be confused and he stated that he had consumed three drinks. He performed poorly on roadside tests and was arrested for DUI. He later blew a .183 and .174 in the breath machine. | |
| Defense: | After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 31, 2023 | Case: 22-CT-011805 | Judge Farr |
| Facts: | 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. | |
| Defense: | The State could not prove he was impaired by the marijuana because it could have been in his system for up to 30 days. | |
| Result: | The State dropped the DUI. | |
| Jan 31, 2023 | Case: 21-012381MU10A | Judge Lerner-Wren |
| Facts: | 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. | |
| Defense: | 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. | |
| Result: | The DUI was dismissed. | |
| Jan 30, 2023 | Case: 22-CF-002086 | Judge Riba |
| Facts: | 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. | |
| Defense: | 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. | |
| Result: | The State dropped the DUI. | |
| Jan 27, 2023 | Case: 22-CT-028493 | Judge Musselman |
| Facts: | 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. | |
| Defense: | 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. | |
| Result: | The State dropped the DUI. | |
| Jan 26, 2023 | Case: 21-CT-003177 | Judge Doyle |
| Facts: | 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. | |
| Defense: | 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. | |
| Result: | The State dropped the DUI. | |
| Jan 24, 2023 | Case: 22-CT-043562 | Judge Garagozlo |
| Facts: | 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. | |
| Defense: | 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. | |
| Result: | The State dropped the DUI. | |
| Jan 24, 2023 | Case: AEBMJPE | Judge Lawhorne |
| Facts: | 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. | |
| Defense: | The video tape contradicted the officer's reports. For example, on tape she never swayed and her speech was normal. | |
| Result: | The State dropped the DUI. | |
| Jan 24, 2023 | Case: AFLPJEE | Judge Croff |
| Facts: | 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. | |
| Defense: | After discussions with the prosecutor about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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