| Jun 15, 2022 | Case: AEBMPIE | Judge Komninos |
| Facts: | The defendant was stopped for speeding and cutting off an officer. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed. After refusing to perform various roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | On video, the defendant was trying to ask the officer questions about the DUI investigation. The officers can be seen and heard on tape telling him to shut up, shut his mouth, and stop with the monkey shit. This rudeness was pointed out to the State. The State then Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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OUR RECENT VICTORIES
| Jun 15, 2022 | Case: Komninos | Judge AEBMOME |
| Facts: | The defendant was stopped for not having his tag fastened on his car. The defendant had an odor of alcohol and admitted to having drank at least 3 beers. The officer also observed bloodshot eyes, slurred speech and he swayed while he stood. He then performed various roadside tests. He was then arrested for DUI and later refused the breath test. | |
| Defense: | May observations in the police reports were contradicted by the video tape. | |
| Result: | The State dropped the DUI. | |
| Jun 14, 2022 | Case: 21-CT-014423 | Judge Galen |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. The defendant stated that he was at a local bar and had 3 shots. When asked on a scale from 0-10 how he felt, he stated a "4". After performing various roadside tests he was arrested for DUI. He later blew a .130 and .127 in the breath machine. | |
| Defense: | After several conversations with the prosecutor regarding the case, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 10, 2022 | Case: 21-CF-015800 | Judge Goudie |
| Facts: | The defendant was stopped for weaving and almost hitting a police car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. He also appeared lethargic, his movements were slow, and he had a blank/dazed look. After refusing to perform roadside tests, he was arrested for DUI. This was his Second DUI. He was also charged with driving on a suspended license, second refusal, and possession of a controlled substance. He later refused to provide a breath sample. | |
| Defense: | The firm showed proof that the drugs found were prescribed. The felony possession charge was Dismissed. After several negotiations with the State, they also Dropped the defendant's Second DUI and he received no further sanctions on DWLS and the refusal. In fact, the DWLS was amended to a No valid DL. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2022 | Case: 22-CT-000989 | Judge Taylor |
| Facts: | The defendant was stopped for weaving and interfering with traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also appeared very unsteady on her feet. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | Many written observations were contradicted by the video tape. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2022 | Case: 22-CT-013251 | Judge T. Brown |
| Facts: | The defendant crashed her car into a ditch and got stuck on rocks. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant gave confusing answers while speaking to police. She appeared very clumsy and exhibited mood swings. She started to perform the HGN (eye test), but did not finish it and refused to perform any further field sobriety tests. She was arrested for DUI and later refused the breath test. | |
| Defense: | Under Florida law, a breath test can only be requested after the DUI arrest. Here, the officer asked the defendant for a breath test prior to arresting her. Thus, her refusal would have been excluded from evidence. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2022 | Case: 22-CT-045327 | Judge Jacobus |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers did not smell an odor of alcohol, however, they noticed him to be swaying, have watery/red eyes, and his movements were slow. The defendant stated he had just taken Xanax. Believing he was impaired by drugs, he then performed field sobriety tests. He performed the HGN (eye test) and the walk and turn. He was then arrested for DUI and later refused to provide a urine test. | |
| Defense: | On video, the officer did not read the defendant his Miranda rights. Thus, the defendant's statement about taking Xanax would have been excluded from evidence as a violation of the accident report privilege. Also, when the officer read the defendant implied consent prior to requesting urine, he explained the wrong penalties for refusing. Thus, the refusal would have been excluded as well. With the Xanax statement out and the refusal out, the State dropped the DUI to a civil careless driving. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2022 | Case: 22-CT-000676 | Judge Taylor |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and water/glassy eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .20 and .19 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. | |
| Jun 8, 2022 | Case: 22-CT-000813 | Judge Dekleva |
| Facts: | The defendant was the at fault driver in a rear end crash. The defendant had been transported to the hospital prior to the officer arriving on scene. The officer made contact with the defendant at the hospital and noticed an odor of alcohol, red/glossy eyes, and slurred speech. The defendant stated that he was driving fast and couldn't stop in time. The officer then attempted to have the defendant perform roadside tests in the hospital parking lot. He refused after a lengthy conversation back and forth. He was then arrested for DUI and later blew a .100 and .102 in the breath machine. | |
| Defense: | The firm convinced the State that breath test was unreliable due to it being administered over five hours later. There was no way to scientifically show if the defendant was absorbing or eliminating alcohol. Also, we put forth that it is ridiculous that an officer would try to administer roadside tests after someone was just released from the hospital after a crash. | |
| Result: | The State dropped the DUI. | |
| Jun 8, 2022 | Case: 21-CM-011119 | Judge Farr |
| Facts: | The defendant was involved in a crash. Officers noticed an odor of alcohol, water/bloodshot eyes, and slurred speech. She also was unsteady and had dilated pupils. She only performed HGN (eye test) then refused to perform any others. While being arrested, she attempted to avoid being handcuffed and was also charged with resisting an officer without violence. She later refused the breath test. | |
| Defense: | The firm pointed out that the defendant was not the at fault driver in the crash. In addition, on tape her speech was not slurred and she was not unsteady. | |
| Result: | The State Dropped the DUI and the Resisting charge was Dismissed. | |
| Jun 8, 2022 | Case: 22-CT-000068 | Judge Farr |
| Facts: | The defendant was stopped for speeding and driving with no lights. The officer noticed an odor of alcohol, glassy eyes, and he appeared lethargic. After performing various roadside tests, he was arrested for DUI. He later blew a .099 and .102 in the breath machine. | |
| Defense: | Under the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath results under the legal limit. | |
| Result: | The State dropped the DUI. | |
| Jun 6, 2022 | Case: 21-CT-504371 | Judge Hayward |
| Facts: | The defendant was the at fault driver in a sideswipe crash. He swerved into another lane and hit the other driver’s side fender. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and he lost his balance. He then refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | When a defendant refuses to perform roadside tests, the officer must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. | |
| Result: | The State dropped the DUI. | |
| Jun 6, 2022 | Case: 22-CT-500398 | Judge Paluck |
| Facts: | The defendant was found passed out in his car with the driver's door open in a 7-11 parking lot. A witness called police that the defendant was urinating on the side of the building. It took a while for police to wake him up after numerous nudgings and verbal commands. The keys were in his front pocket and he had stated he had drank 4 or 5 drinks at a bar. Officers observed an odor of alcohol, slurred speech, and glossy eyes. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. He later blew a .158 and .152 in the breath machine. | |
| Defense: | The defendant was not in actual physical control as he had no "capability" to operate the car while he was sleeping, none the less with the driver's door open. | |
| Result: | The State dropped the DUI. | |
| Jun 2, 2022 | Case: 19-CT-504590 | Judge Hayward |
| Facts: | The defendant was stopped after making an illegal U-turn. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The officer also saw an empty bottle of Corona beer in the car as well. He then performed various roadside tests such as the HGN, walk and turn, and the one leg stand. He was then arrested for DUI and later refused the breath test. | |
| Defense: | There was no video in the case and the police reports were very vague. | |
| Result: | The State dropped the DUI. | |
| Jun 2, 2022 | Case: 20-CT-503366 | Judge Hayward |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. He admitted to drinking alcohol and his appearance was sluggish. He then performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The video contradicted almost every observation written in the police reports. His speech was not slurred or mumbled, and he did not appear sluggish on tape. His field sobriety test performance was much better on tape than as described by the exaggerated reports. | |
| Result: | The State dropped the DUI. | |
| Jun 1, 2022 | Case: 21-CT-014050 | Judge Jeske |
| Facts: | The defendant was stopped for weaving, speeding up, and then slowing down for no apparent reason. The Officer observed an odor of alcohol, watery eyes, and he admitted to having drank two beers. He also had a continuous sway while standing. After performing roadside tests, he was arrested for DUI. After being arrested, he blew a .158 and .146 in the breath machine. | |
| Defense: | After several conversations with the prosecutor just prior to trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 1, 2022 | Case: 21-CT-015413 | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot/water eyes. He also appeared to have unstable balance. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .160 and .163 in the breath machine. | |
| Defense: | Prior to trial, after several negotiations between the State and the firm, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 1, 2022 | Case: 21-CT-008878 | Judge Jeske |
| Facts: | The defendant was stopped for driving westbound in the eastbound lane. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She then performed various field sobriety tests and was arrested for DUI. She later blew a .134 and .125 in the bath machine. | |
| Defense: | Just prior to trial, the defense pointed out various inconsistencies in the police reports versus the video tape. | |
| Result: | The State dropped the DUI. | |
| May 31, 2022 | Case: 21-CT-002957 | Judge Wansboro |
| Facts: | The defendant was stopped after he drove off the road into shrubbery. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had an orbital body sway. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .146 and a .146 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 25, 2022 | Case: AEBMMME | Judge Hessinger |
| Facts: | The defendant was stopped after a BOLO went out about the defendant's erratic driving called in by a civilian. When the officer spotted the defendant, he also observed the defendant weaving. After the traffic stop, the officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared unsteady. He also had dilated pupils and appeared to be moon walking when he was walking around. He then performed various roadside tests such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused the breath test. | |
| Defense: | After several pretrial negotiations with the State about the evidence and the defendant himself, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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