| Jun 7, 2018 | Case: 2017-CT-023188 | Judge Valkenburg |
| Facts: | Police were dispatched to a call about a reckless driver. Upon seeing the car matching the description, which was driven by the defendant, the officer observed her run a stop sign. He then initiated a traffic stop. He observed her to have an odor of alcohol, bloodshot eyes, and she admitted to having drank beer. Officers also observed slurred speech and unsteadiness. She refused to perform roadside tasks and was arrested for DUI. | |
| Defense: | There was no video and the officer only wrote in generalities in his reports. For example, he wrote she was "unsteady" but failed to articulate what facts led him to believe that. The firm pointed this out to the State prior to trial and they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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OUR RECENT VICTORIES
| Jun 4, 2018 | Case: 18-CT-500084 | Judge Gagliardi |
| Facts: | The defendant was stopped for weaving and following too closely. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, lethargic movements, appeared unsteady, and stated he had a couple of drinks. He then performed the field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial. There was no video tape and the officer did not describe the roadsides in any detail in his reports. Due the lack of specificity, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 29, 2018 | Case: 2017-CT-021396 | Judge Farr |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The officer observed her to be unsteady and that she stumbled. She refused to perform the roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | The video contradicted the officer's reports. For example, the defendant's speech did not appear to be slurred on tape and she was not off balance or unsteady. This was discussed with the prosecutor who then Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 29, 2018 | Case: 17-018984MU10A | Judge Levy |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant denied having drank any alcohol. A DUI officer was called who made similar observations. The defendant was asked to perform the HGN (eye test), one leg stand, Rhomberg balance (estimation of time), finger to nose, and walk and turn exercises. He performed the all of them except the walk and turn. He refused to perform the walk and turn because he thought the line was not straight and that he was nervous. He was then arrested for DUI and refused the breath test. This was the Defendant's Second DUI within five years. | |
| Defense: | Parks & Braxton announced ready for trial. Just prior to trial, in discussions with the State, we pointed out that the video totally contradicted what was written in the police reports. Many of the officer's written observations of the specifics of the roadside tests were contradicted by the tape. On the day of jury trial, the State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| May 16, 2018 | Case: 17-015788MU10A | Judge Gottlieb |
| Facts: | The defendant was the at fault driver in a traffic crash. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred/incoherent speech, and she fumbled with her items. The defendant was very argumentative with the officers. She then performed the field sobriety exercises. For example, on the walk and turn, she stepped off the line, did not touch heel to toe, and made an improper turn. On the one leg stand, she raised her arms for balance, swayed, and did not count as instructed. She was then arrested for DUI and later refused the breath test. | |
| Defense: | The firm took a lengthy pretrial sworn deposition of the arresting officer. During questioning, the officer contradicted her police reports and could not remember many important details about the facts of the case. After the State read the depo and realized that their officer's credibility was called into question, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 16, 2018 | Case: 2018-CT-001171 | Judge Valkenburg |
| Facts: | A civilian flagged down an officer and told them that a vehicle driven by the defendant had been drifting all over the road. The officer then followed the defendant and observed weaving. He then conducted a traffic stop. The officer observed an odor of alcohol, watery/glassy eyes, and the defendant stated he had been drinking beer while playing golf. After performing field sobriety exercises on tape, the defendant was arrested for DUI. He later refused the breath test. | |
| Defense: | The video tape in the case contradicted the officer's written reports as to the alleged level of impairment prior to and during the roadside tests. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 14, 2018 | Case: 2017-CT-504418 | Judge Hayward |
| Facts: | The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred speech. His face was flushed and he appeared to speak incoherently. There was also damage to both his side passenger tires as if he had just hit something. He refused to perform roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | A breath test can only be offered after one is arrested for DUI. In this case, the officer asked the defendant for a breath test prior to placing him under arrest. Thus, his refusal to take a breath test was inadmissible under law. This was brought to the State's attention. They agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 10, 2018 | Case: A6MLM4E | Judge Riba |
| Facts: | The defendant was stopped for stopping past the stop bar, fishtailing and driving at a high rate of speed. The officer noticed an odor of alcohol, slurred speech, and watery/glassy eyes. He swayed while he stood and his dexterity was unsure. The defendant admitted to having drank two beers. He performed poorly on the field sobriety tests according to the officer and was arrested for DUI. After his arrest, he blew a .099 and a .101 in the breath machine. | |
| Defense: | Parks & Braxton provided documentation to the prosecutor showing that the defendant's both breath test results were under the .08 legal limit at the time of driving as required by Florida law. This is called retrograde extrapolation. We also pointed out that due to the .02 margin of error in the machine, the .099 could have also been as low as a .079 (under the legal limit). | |
| Result: | The State dropped the DUI. | |
| May 8, 2018 | Case: 2017-CT-041683 | Judge T. Brown |
| Facts: | The defendant was stopped after being observed driving on a sidewalk area. Upon contact, the defendant had an odor of alcohol, glassy eyes, slurred speech, she stated she had drank 3 glasses of wine, and that she was lost. She exited the vehicle slowly and used the door for assistance. She walked slow and swayed while she stood. The defendant refused to perform any field sobriety tests and was then arrested for DUI. She later refused the breath test. | |
| Defense: | Prior to trial, the defense attempted to obtain the in-car video camera of the incident. It was learned that there was an alleged problem with the upload of the video and it could not be retrieved. The defendant had stated that if that video had been retrieved, it would contradict all of the officer's observations and allegations in the police reports. Due to that evidence being exculpatory (meaning favorable to the defendant), the firm contacted the State about the destruction of that critical piece of evidence. Prior to filing any motion to dismiss for destruction of evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 4, 2018 | Case: 2017-CT-050521 | Judge Ingram |
| Facts: | The defendant was found by a security guard sleeping in her car in a 7-11 parking lot. The security guard woke her up and told her she could not sleep there. She then started her car and drove off. The security guard had noticed an odor of alcohol and called police. When police arrived, they conducted a traffic stop. Police observed an odor of alcohol, confused/mumbled speech, and she stumbled. She also swayed and used her car for balance. She performed very poorly on the field sobriety tests. For example, on the walk and turn, she stepped off the line, used her arms for balance, and did not touch heel to toe. She was then arrested for DUI. She later refused the breath test. This was the defendant's Second DUI and Second for subsequent refusal to provide a breath test. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no reasonable suspicion of a crime for the police to conduct the traffic stop. At the motion, the firm argued that a "mere odor of alcohol" was not enough to evidence to rise to the level of reasonable suspicion. After reviewing the case law, hearing testimony, and hearing argument of counsel, the Judge Granted the motion and threw out all of the evidence. The State then Dismissed all charges. | |
| Result: | The DUI was dismissed. | |
| May 4, 2018 | Case: 2017-CT-020744 | Judge Bryson |
| Facts: | The defendant was stopped after a unknown civilian called the police saying that the defendant was driving on a rim with sparks flying in the air. Police spotted the defendant and conducted a traffic stop. Once stopped, officer observed the defendant to have an odor of alcohol, slurred/mumbled speech, and lethargic movements. He swayed, appeared unsteady, and had a flushed face. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .194 and .184 in the breath machine. | |
| Defense: | When an anonymous person provides information, the tip must be corroborated by the stopping officer. In this case, while the defendant was driving on a rim, the evidence was clear that there were no sparks. Absent the sparks, the state could not prove that the defendant was stopped lawfully. | |
| Result: | The State dropped the DUI. | |
| May 2, 2018 | Case: 2017-CT-2268 | Judge Crown |
| Facts: | Police were called after the defendant was kicked out of a hotel for being drunk and staying past check out. When police found him, he was found passed out in his car with the engine on in the hotel parking lot. He had an odor of alcohol, a flushed face, vomit on his shirt, and he was unsteady. A bottle of Vodka was found in the defendant's car. He refused to perform roadside tasks and was arrested for DUI. He later refused the breath test. | |
| Defense: | When the defendant was kicked out the hotel, he had nowhere else to go. If he stayed on the property, he would have been arrested for trespassing. If he walked down the road and left his car, he could have been arrested for public intoxication and had his car towed. He did the smartest and safest thing to do, not drive and sleep in his car. Legally, the State couldn't prove he ever drove, nor that he was he in "actual physical control" as he had "no capability" of operating the car since he was sleeping. Also, the officer did not advise the defendant of any adverse consequences for his refusal to perform the field sobriety tests. | |
| Result: | The State dropped the DUI. | |
| Apr 27, 2018 | Case: 2017-CT-022073 | Judge Harper |
| Facts: | The defendant was stopped for failing to maintain a single lane and almost hitting a median. The officer observed an odor of alcohol, mumbled speech, and red/glassy eyes. The defendant exhibited balance issues and admitted to drinking that night. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew .177 and .158 in the breath machine. | |
| Defense: | The firm called into question the lawfulness of the traffic stop. We pointed out that there are no specifics of how the defendant failed to maintain a single lane. For example, lack of specificity about the distance of swerving, how many times, and time frame. Due to the stop being potentially unlawful and the State losing all the evidence, the State dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 27, 2018 | Case: 2017-CT-022970 | Judge Harper |
| Facts: | The defendant was rear ended by another vehicle. When the officers arrived, they noticed the defendant to have an odor of alcohol, he appeared confused, and had slurred speech. His eyes were glossy and he admitted to drinking beers. He performed very poorly on the roadside tests and was arrested for DUI. He later blew a .194 and .189 in the breath machine. | |
| Defense: | Here, the defendant was the one who got rear ended. He called the police to do the right thing yet he got arrested. After discussions with the prosecutor, they agreed to Drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 25, 2018 | Case: A6MLCWE | Judge Bedinghaus |
| Facts: | The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank two beers and he staggered as he walked. He then performed the field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. | |
| Defense: | During pretrial negotiations, the firm pointed out to the State that DUI video tape contradicted the officer's reports. For example, on tape his speech was not slurred and he never staggered. Also, when the defendant disputed the reason for the traffic stop, the arresting officer told him that the stopping officer had a camera. That was not true. Thus, his credibility was now called into question. | |
| Result: | The State dropped the DUI. | |
| Apr 25, 2018 | Case: 2017-CT-001008 | Judge S. Jewett |
| Facts: | The defendant was found passed out in his truck in a gas station parking lot. A 911 caller called the police stating the defendant was driving all over the road and gave the defendant's location of his truck at the parking lot. Upon contact, after awakening the defendant, the officer observed the defendant to have an odor of alcohol, blood shot eyes, and he looked like a deer in headlights. The defendant stated he was at a party and had drank vodka. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .164 and .160 in the breath machine. | |
| Defense: | Parks & Braxton announced ready for trial. Prior to trial, the defendant provided documents to the firm that he had called for roadside maintenance to fix his tire at the gas station where he was found. A service tech was sent out to fix his tire. The defendant did not tip him which made him angry. Through the documents provided by the defendant, the firm was able to establish a timeline which positively showed that when the 911 call was made, the defendant was actually at the gas station sleeping, and was not driving. We were also able to establish, after some phone calls to the tire service company, that it was actually the service tech who called 911 on the defendant after not getting tipped. Thus, the 911 call tip was deemed unreliable and a lie. Without that call, the defendant would never have been found, nonetheless arrested. On the day of trial, the State Dropped the DUI and he received No criminal conviction at all on his record. | |
| Result: | The State dropped the DUI. | |
| Apr 24, 2018 | Case: 2017-CT-008550NC | Judge Galen |
| Facts: | The defendant was found passed out in his car at a red light. Upon awakening the defendant, the officer noticed him to have an odor of alcohol, slurred speech, and watery eyes. He appeared very unsteady and was stumbling. The defendant stated that he had drank beer at a bar. After performing poorly on the roadside tests, he was arrested for DUI and subsequently refused the breath test. | |
| Defense: | After numerous pretrial talks over an extended period of time, the State Dropped the DUI. | |
| Result: | After numerous pretrial talks over an extended period of time, the State Dropped the DUI. | |
| Apr 24, 2018 | Case: 16-031116MU10A | Judge Brown |
| Facts: | The defendant was the at fault driver in a T-Bone crash at an intersection. Officers observed the defendant to have an odor of alcohol, red eyes, and a sway to his stance. The defendant stated he had drank beer and beers were also found in his car. He refused to perform the roadside tasks and was arrested for DUI. | |
| Defense: | Prior to trial, the firm took pretrial sworn depositions of the three officers involved in the case. Upon questioning by the firm, each officer contradicted each other's testimony and their respective reports. The depositions were shown to the State and each officer's credibility was severely damaged. On the day of trial the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 24, 2018 | Case: 17-013341MU10A | Judge Brown |
| Facts: | The defendant was stopped for speeding, swerving, and almost sideswiping another car. The officer observed the defendant to have an odor of alcohol, a blank stare, bloodshot eyes. He also admitted to having drank 2 to 3 beers. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | A review of the video tape by the firm revealed that it contradicted many observations that were written in the police reports regarding the field sobriety tests. The firm announced ready for trial and on the day of trial the State dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 13, 2018 | Case: 2017-CT-001057 | Judge Bryant |
| Facts: | An officer who was on routine patrol saw a white pickup truck stopped on the west side of the road. The officer pulled up behind the truck to check on the welfare of the driver. The driver then pulled off with his tires half on the grass and half on the road. The officer initiated a traffic stop. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he stumbled upon exiting the truck. The defendant could not stand up without leaning on the truck for balance. He was asked to perform roadside tasks, however, he refused. He was then arrested for DUI. This was the defendant's Second DUI. | |
| Defense: | In order to conduct a traffic stop for welfare check, also known as the community caretaker exception, there must a reason to ensure the safety and welfare of the citizens at large. Here, none existed, so the defense provided case law to the State to show that the traffic stop was unlawful. The State agreed and Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
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