| 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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OUR RECENT VICTORIES
| Jan 23, 2023 | Case: 22-CT-013868 | Judge Bristow |
| Facts: | The defendant ran off the road and crashed her car into a fire hydrant. When officers arrived, they noticed the defendant to have an odor of alcohol, slow/slurred speech, and she was staggering. There was a container with whiskey found in the car as well. She then performed various field sobriety tests and was arrested for DUI. She later blew a .178 and .171 in the breath machine. | |
| Defense: | The defendant's airbags deployed due to the hard impact. After being hit in the head with airbags, the officer still had her do the walk and turn and one leg stand exercises. There were doubts raised as to whether her impairment at the scene was caused from the accident versus alcohol. | |
| Result: | The State dropped the DUI. | |
| Jan 23, 2023 | Case: 22-CT-017325 | Judge Bristow |
| Facts: | The defendant was stopped for failing to maintain a single lane and driving too slow. Officers observed the defendant to have an odor of alcohol, thick/slurred speech, and glassy eyes. He was unsteady on his feet and admitted to having drank two glasses of wine. He performed very poorly on the roadside tests. For example, he could not state the alphabet correctly and could not follow the simplest of instructions on the finger to nose exercise due to is intoxication level. He was then arrested for DUI and later blew a .231 and .224 in the breath machine. | |
| Defense: | After several conversations with the prosecutor about the facts and the defendant himself, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 20, 2023 | Case: 22-CT-019340 | Judge Silverman |
| Facts: | The defendant was stopped for swerving and causing other drivers to avoid contact. There was no odor of alcohol, however, officers noticed a flushed face, slow movements, bloodshot eyes, and mood swings. The defendant stated she had taken her prescribed medications. Due to physical limitations, she was given alternative roadside tests which did not involve walking or standing on one leg. She was then arrested for DUI and later provided a urine test which was analyzed by FDLE. It came back positive for controlled substances. This was the defendant's Second DUI. | |
| Defense: | The defendant was prescribed all the medications that she tested positive for. Many of the observations written in the police reports were contradicted by the videotape. The State agreed and Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 20, 2023 | Case: 22-CT-029775 | Judge Silverman |
| Facts: | The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, but officers observed the defendant to have constricted pupils, lethargic movements, and slow/raspy speech. The defendant stated that she takes a variety of medicines, all prescribed. Believing she was impaired by drugs, she then performed various field sobriety tests. She was then arrested for DUI and later provided a urine sample. The sample came back from FDLE with positive results for amphetamines and Xanax. | |
| Defense: | The accident happened on the defendant's way home from work. She hadn't taken any medicines since the morning and was not impaired. Her performance on the roadside tests on tape showed a lack of probable cause. The State agreed and Dropped the DUI to a Civil Careless Driving Infraction. | |
| Result: | The State dropped the DUI. | |
| Jan 13, 2023 | Case: 22-CT-041834 | Judge Atkin |
| Facts: | The defendant was stopped for driving with no taillights. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. There was an open container of alcohol in the car and the defendant's movements were slow. The defendant also leaned against the car for balance. After performing various field sobriety tests, he was arrested for DUI. He later refused a breath test. | |
| Defense: | Due to contradiction between the videotape and the police reports, there was a lack of probable cause to arrest the defendant. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2023 | Case: 22-CT-015225 | Judge Damico |
| Facts: | Police were called as the defendant's car was stuck in a drainage ditch. The officer noticed an odor of alcohol, red eyes, and she had stated she had consumed a few vodka drinks at the club. She then performed various roadside tests such as the walk and turn, finger to nose, and alphabet. She was then arrested for DUI and later blew a .181 and .167 in the breath machine. | |
| Defense: | After several conversations with the State about the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2023 | Case: AEBMTKE | Judge Szematowicz |
| Facts: | The defendant was stopped after he pulled out of a strip club parking lot and didn't stop before entering the roadway. Officers immediately stopped him. They observed an odor of alcohol, a dazed expression, and he was slow to answer questions. He swayed while he stood and had bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | The firm took a pretrial deposition of the officer who initiated the traffic stop. After questioning the officer under oath, it was apparent that the lawfulness of the stop was in question due to no traffic or pedestrians being affected. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2023 | Case: A777BEE | Judge Croff |
| Facts: | The defendant was stopped for weaving and driving with no headlights. The officer observed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and later refused a breath test. | |
| Defense: | After several talks with the prosecutor about the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2023 | Case: AEBMKTE | Judge Hessinger |
| Facts: | The defendant was stopped for a tag violation. The officer noticed an odor of alcohol, slurred/slow/mumbled speech, and lethargic movements. The defendant denied drinking any alcohol. She fumbled with her documents and had a flushed face. The officer also noted that she swayed, staggered, and appeared unsteady. After refusing to perform any roadside tests other than HGN (eye test) , she was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The firm pointed out to the State, that on tape, her speech was normal and she was not off balance in any way. She never stumbled, swayed, or fumbled with anything. The State Dropped the Defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2023 | Case: 22-CT-008908 | Judge Farr |
| Facts: | The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, droopy eye lids, and a flushed face. He also had bloodshot eyes and appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | Everything the officer wrote was exaggerated and contradicted by the video tape. For example, his speech was not slurred, he was not unsteady, and performed much better on the field sobriety exercises than as described. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2023 | Case: 22-CM-005754 | Judge Farr |
| Facts: | The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank vodka. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test. | |
| Defense: | After several conversations with the State about the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2023 | Case: 22-CT-039061 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his pupils were small. The defendant stated he had drank beer, exited the vehicle slowly, and appeared unsteady on his feet. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .105 and .105 in the breath machine. | |
| Defense: | After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2023 | Case: 22-CT-038083 | Judge Jacobus |
| Facts: | The defendant was stopped after an officer noticed the defendant stopped in the road. As the officer attempted a traffic stop, the defendant pulled away but was stopped eventually. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He also swayed and stumbled while outside his car. He performed poorly on roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The officer stated that he conducted the traffic stop due to the defendant obstructing the roadway. However, there was no traffic on the road. The lawfulness of the traffic stop was called into question. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2023 | Case: 22-CT-047984 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two shots and exhibited balance issues. In the middle of the walk and turn exercise, the defendant refused to continue and was arrested for DUI. She later refused the breath test This was the defendant' Second DUI arrest. | |
| Defense: | Many observations written in the reports were contradicted by the videotape. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| Jan 10, 2023 | Case: 22-CT-039066 | Judge Jacobus |
| Facts: | The defendant was found passed out in his car at a Circle K gas station. A concerned citizen caller dialed 911 after spotting the defendant. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was arrested for DUI. He later blew a .214 in the breath machine, but then refused to provide a second sample as required by law, so it was labeled as a refusal. | |
| Defense: | There was no reasonable suspicion of a crime to order him out of the car once it was determined he was simply sleeping. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2023 | Case: 22-CT-000997 | Judge C. Wish |
| Facts: | The defendant crashed his car and ended up stuck on top of a concrete barrier. Officers observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and very slurred speech. The defendant had an unsteady gait. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | The firm pointed out to the State that all the defendant's statements on video were taken in violation of his Miranda rights and in violation of the accident report privilege. In addition, the DUI officer asked the defendant to perform a DUI investigation. The defendant kept asking her to explain what that was exactly and she never explained anything. In other words, she never told him she wanted him to specifically do field sobriety tests. In addition, the officers were rude and aggressive on tape for no reason towards the defendant. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| Jan 6, 2023 | Case: 22-CT-501091 | Judge Gil |
| Facts: | A call went out over 911 that the defendant was involved in a domestic disturbance with a female on the beach. The complainant stated that there was screaming and whimpering and that the male (i.e. the defendant) had forced the female to the beach. Officers located the defendant driving away and conducted a traffic stop. They observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. While outside the car, the defendant swayed and stumbled. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | When a call is anonymous, there must be corroboration by the police of the act in order to conduct a traffic stop. Here, there was no attempt to make contact with the caller and there was not even an erratic driving pattern, nonetheless any corroboration of a domestic disturbance, so the traffic stop was illegal. The State agreed with the firm and Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Jan 3, 2023 | Case: 22-CT-010146 | Judge Conrad |
| Facts: | The defendant was found passed out in her car in a lane of travel. Upon awakening her, the officers noticed an odor of alcohol, glassy eyes, and her reflexes were sluggish and clumsy. The defendant was belligerent, argumentative, and agitated. After performing poorly on roadside tests, she was arrested for DUI. Due to medical issues, she was taken to the hospital and not the jail. This was the defendant's Second DUI. | |
| Defense: | At the scene, the defendant kept telling the officers she was diabetic. Fire rescue got called and her blood sugar was very elevated well beyond normal limits. There was reasonable doubt as to whether she was impaired by alcohol versus having a diabetic episode. | |
| Result: | The State Dropped the defendant's Second DUI. | |
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