| Feb 14, 2022 | Case: 21-CT-011401 | Judge Hanser |
| Facts: | The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of burnt marijuana emanating from his person, bloodshot/glassy eyes, and slurred speech. He also swayed side to side. The defendant admitted to smoking pot earlier in the day. Believing he was impaired by marijuana, he was asked to perform roadside tests. He complied and was then arrested for DUI. He later refused a urine test. | |
| Defense: | On video, the defendant's speech was not slurred and he was not swaying. The officer also never clarified how much "earlier" he had smoked the pot. Also, he performed much better on the field sobriety tests on tape versus what was written in the reports. | |
| Result: | The State dropped the DUI. | |
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OUR RECENT VICTORIES
| Feb 8, 2022 | Case: 21-CT-502985 | Judge Swett |
| Facts: | The defendant was found by police passed out in his car slumped over the wheel. He was parked on the side of the road in a neighborhood. Police were responding to a suspicious vehicle. Upon awakening him, they noticed an odor of alcohol, he was very disoriented, and had slurred speech. He also had bloodshot eyes and had an unsteady gait. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm announced ready for trial. We pointed out that the defendant could not be in actual physical control because while sleeping he had no "capability" to operate the car. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2022 | Case: 20-CT-006706 | Judge Jeske |
| Facts: | The defendant was stopped after cutting off a cop on video then speeding past him. Once stopped, the officer noticed an odor of alcohol, red/glassy eyes, and low/mumbled speech. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | On tape, the defendant felt scared like he was being profiled. Also, he didn't appear unsteady and his speech seemed normal. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2022 | Case: 21-CT-007620 | Judge Farr |
| Facts: | The defendant was found passed out in his car with every air bag deployed. When the officer cut through them to get to the defendant, he asked the defendant what was going on. The defendant stated that he was "just hanging out." The officer smelled an odor of alcohol, his speech was incoherent, and he was disoriented. After performing field sobriety tests, he was arrested for DUI. He later blew a .115 and a .114 in the breath machine. | |
| Defense: | After several negotiations with the State discussing various inconsistencies in the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2022 | Case: 21-CT-005715 | Judge Farr |
| Facts: | The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .170 and a .170 in the breath machine. | |
| Defense: | The firm raised issues that the defendant's videotape contradicted his breath test results. It was clear that his breath alcohol content (BAC) may have been lower at the time of driving and that he may have been absorbing alcohol at the time of driving. | |
| Result: | The State Dropped the DUI. | |
| Feb 2, 2022 | Case: 20-CT-007729 | 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 exaggerated movements. He also displayed unsteadiness while walking and standing. The defendant then performed the walk and turn and finger to nose exercises. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | On video, the defendant told the officer numerous times about medical issues he suffered from. The medical issues he spoke about caused doubt as to whether his impairment was due to medical issues or alcohol. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| Feb 2, 2022 | Case: 21-CT-005301 | Judge Farr |
| Facts: | The defendant was found passed out in her car. When officers got her to wake up, they noticed an odor of alcohol, an odor of burnt marijuana, and bloodshot eyes. She then performed roadside tests and was arrested for DUI. She later blew a .162 and a .153 in the breath machine. | |
| Defense: | Issues were raised by the firm as to whether the defendant could have been legally in actual physical control while she was sleeping. While asleep, she had no "capability" to operate the car. | |
| Result: | The State Dropped the DUI. | |
| Feb 2, 2022 | Case: 20-CT-001632 | Judge Jeske |
| Facts: | The defendant was the at fault driver in a crash whereby she failed to yield and struck another car. Officers observed the defendant to have an odor of alcohol, slurred speech, and made inconsistent statements. She then refused to perform field sobriety tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | Under Florida law, an officer must advise a defendant of adverse consequences if they refuse to perform roadside tests. Here, the officer did not, so the refusal would have been excluded from evidence. | |
| Result: | The State Dropped the DUI. | |
| Feb 2, 2022 | Case: 21-CM-004471 | Judge Taylor |
| Facts: | The defendant was seen speeding and driving close behind another car which was driven by his wife. The defendant got out and was screaming at his wife. Officers were on scene and broke up the argument. They noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then performed various roadside tests and was arrested for DUI. He later blew a .123 and a .119 in the breath machine. | |
| Defense: | After several conversations with the prosecutor, we pointed out that the argument between the defendant and his wife was a misunderstanding which led to the defendant being detained for DUI. The State later Dropped the DUI. | |
| Result: | The State Dropped the DUI. | |
| Feb 2, 2022 | Case: 20-CT-007817 | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and he appeared unsteady on his feet. The defendant stated he consumed "maybe 1, 2 or 3 drinks." The defendant performed poorly on field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | On tape, prior to performing the roadsides, the defendant stated he had hip issues which would cause him to have problems on the walk and turn and one leg stand. The officer disregarded that and still had him do them. The evidence of impairment could have just as easily been attributed to hip problems versus alcohol. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2022 | Case: 21-CT-005299 | Judge Farr |
| Facts: | The defendant was stopped for speeding, weaving, and making a wide turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant attempted roadside tests then refused. He was then arrested for DUI and later refused the breath test. | |
| Defense: | The defendant told the officer he had surgery a few years back and might have difficulty doing the roadside exercises. The officer immediately stated he was refusing the tests and arrested him for DUI. | |
| Result: | The State Dropped the DUI. | |
| Feb 1, 2022 | Case: 21-Ct-008607 | Judge Conrad |
| Facts: | The defendant was stopped after he allegedly cut a cop off and drove into oncoming traffic. The officer observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He admitted to consuming a few drinks and wore a wristband from a bar. After performing field sobriety tests, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | After the firm reviewed all the discovery, we pointed out various contradictions within the reports and also the reports compared to the video footage. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| Feb 1, 2022 | Case: 21-Ct-011194 | Judge Conrad |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having drank 4 beers. After performing various field sobriety tests, she was arrested for DUI. She later blew a .153 and a .153 in the breath machine. | |
| Defense: | After several rounds of talks with the prosecutor, the firm was able to get the State to Drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2022 | Case: 21-CT-013118 | Judge Conrad |
| Facts: | The defendant was stopped after making a right turn from the far left lane. The officer observed an odor of alcohol, glassy eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI. | |
| Defense: | The firm pointed out to the State that there was no probable cause to arrest the defendant. The level of impairment written in the reports was contradicted by the video tape. The State Dropped the defendant's Third DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2022 | Case: 21-CT-010337 | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, she admitted to having consumed two vodka drinks. After performing various field sobriety tests, she was arrested for DUI. She later blew a .115 and a .104 in the breath machine. | |
| Defense: | After viewing the video tape of the defendant's roadsides, there were many inconsistencies between the reports and the video. | |
| Result: | The State dropped the DUI. | |
| Jan 28, 2022 | Case: 21-CT-047877 | Judge Atkin |
| Facts: | The defendant was stopped after she was swerving all over the road and into oncoming traffic. She also forced another car off the road. Officers observed an odor of alcohol, dilated/watery eyes, and slow movements. She then performed roadside tests and was arrested for DUI. She later blew a .146 and a .144 in the breath machine. | |
| Defense: | After several conversations with the State about discrepancies between the written reports and the video, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 28, 2022 | Case: 21-CT-044261 | Judge Atkin |
| Facts: | A concerned citizen called 911 stating that the defendant was driving on the center lane, drifting into opposing lanes, and nearly crashing. Officers made contact with the defendant and noticed an odor of alcohol, he stated he had drank a couple of beers, had slurred speech, and bloodshot eyes. He also had urinated on himself. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Due to a lack of corroboration of the driving pattern, the lawfulness of the traffic stop was called into question. | |
| Result: | The State dropped the DUI. | |
| Jan 28, 2022 | Case: 21-CT-037775 | Judge Atkin |
| Facts: | The defendant was approached by the police after he was sitting in his car at an intersection for 30 seconds without moving. The defendant was passed out and the officer had to make several attempts to awaken him. The officer then opened the door and got the defendant to wake up. He noticed an odor of alcohol, mumbling speech, and he admitted to having dank 4 cocktails. Once out the car, he was very unsteady and clumsy. After performing various field sobriety tests, he was arrested for DUI. He later blew a .145 and a .143 in the breath machine. | |
| Defense: | Issues were raised about the lawfulness of the initial detention. We put forth that the officer had no right to open the defendant's door as that was an illegal seizure. | |
| Result: | The State dropped the DUI. | |
| Jan 26, 2022 | Case: 21-CT-006796 | Judge Allen |
| Facts: | The defendant was the at fault driver in a rear end crash. Her car then exploded into flames. Officers observed her to have an odor of alcohol, slurred/mumbled speech, and she admitted to having dank two tequila drinks. She was then asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused the breath test. | |
| Defense: | When a defendant refuses to perform roadside tests, the officer must give adverse consequences. Here, they did not so the refusal to perform roadside tests would have been excluded from evidence. Also, on tape, the defendant’s speech was not mumbled or slurred. The firm pointed all this out to the prosecutor and the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Jan 25, 2022 | Case: 21-CT-002328 | Judge Conrad |
| Facts: | The defendant was found passed out in her car in the middle of the roadway. Paramedics were on scene, as well as the police. Officers observed the defendant to have noticeable amount of mucus coming from her nose and her speech was unintelligible. She lost consciousness numerous times, had a blank stare, appeared confused, and was also crying at times. The defendant was transported to the hospital. At the hospital, the officer tried to do HGN (eye test), but the defendant couldn't follow the stimulus. Unable to interview her or gain consent for a blood draw due to the defendant losing consciousness, the officer had a nurse take the defendant's blood. That blood was sent to the FDLE lab and yielded blood alcohol concentration results of .432 and .429 (over 5 times the legal limit). | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the blood test results. In our motion, we alleged the officer had no "reasonable cause" under Florida Statute 316.1932 (c) to believe that the defendant was under the influence of alcohol, a chemical and/or controlled substance. No odor of alcohol was ever detected and no drugs were found. In addition, the officers on scene were constantly mentioning medical issues, and not DUI (or in police terms signal one). Prior to any motion hearing, the State Dropped the DUI in which the defendant's blood alcohol level was over 5 times the legal limit. | |
| Result: | The State dropped the DUI. | |
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