| Jan 5, 2022 | Case: 21-CT-037722 | Judge T. Brown |
| Facts: | The defendant was stopped for speeding and crossing over the fog line three times. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and she was emotional. She was asked to perform roadside tests to which she complied. She was then arrested for DUI and she later blew a .209 and a .204 in the breath machine. | |
| Defense: | Due to a lack of reasonable suspicion to conduct a DUI investigation, simply based on odor and bloodshot eyes, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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OUR RECENT VICTORIES
| Jan 5, 2022 | Case: 21-CT-003471 | Judge Taylor |
| Facts: | The defendant was stopped for speeding and weaving. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. He was belligerent, argumentative, and he swayed. After performing various filed sobriety tests, he was arrested for DUI. He later blew a .130 and a .132 in the breath machine. | |
| Defense: | After numerous conversations with the prosecutor about various issues and discrepancies in discovery uncovered by the defense, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 4, 2022 | Case: 21-CT-010333 | Judge Palomino for Oster |
| Facts: | The defendant was found passed out in his car. Upon awakening the defendant, the officer noticed an odor of alcohol, droopy eyes, slurred speech, and he admitted to consuming alcohol. He was also unsteady and had a bracelet from a bar. After performing field sobriety tests, he was arrested for DUI. He later blew a .158 and a .153 in the breath machine. | |
| Defense: | The State could not prove that the defendant was in actual physical control because he had no capability to operate the car while sleeping. | |
| Result: | The State dropped the DUI. | |
| Dec 16, 2021 | Case: 21-CT-041687 | Judge Peacock |
| Facts: | The defendant was stopped for weaving and having no taillights. Once stopped, the officer noticed an odor of alcohol, watery eyes, and he stated that he had consumed a few drinks. He swayed while he stood and also vomited. After performing roadside tests, he was arrested for DUI. He later refused a breath test. | |
| Defense: | Due to various contradictions between the video and the written reports pointed out by the firm, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 14, 2021 | Case: 21-CT-013583 | Judge Damico |
| Facts: | The defendant was stopped for driving too fast for conditions. The officer noticed an odor of alcohol, glossy eyes, and a distant stare. The defendant's speech was slow and deliberate, and he had difficulty balancing himself. The defendant then performed various roadside tasks such and the finger to nose, alphabet, and walk and turn . He was then arrested for DUI and later refused the breath test. | |
| Defense: | Issues were raised as to the lawfulness of the traffic stop due to the fact that the officer allegedly only visually estimated the defendant's speed and the "conditions" were not articulated in any detail. | |
| Result: | The State dropped the DUI. | |
| Dec 10, 2021 | Case: 21-CT-036776 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, glossy/bloodshot eyes, and he stated he had consumed 3 crown and cokes. He also swayed while he stood, had mumbled speech, and appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .146 and a .143 in the breath machine. | |
| Defense: | Due to inconsistencies between the police reports and the video tape that were pointed out by the firm to the State, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 8, 2021 | Case: 21-CT-5854 | Judge Jewett |
| Facts: | The defendant was involved in a traffic crash whereby she was the at fault driver. The defendant was taken to the hospital where she was met by officers. They observed an odor of alcohol and bloodshot eyes. The defendant was in and out of consciousness. She was asked to provide a blood sample and she refused. She was subsequently arrested for DUI. | |
| Defense: | There as a lack of probable cause to arrest her due to the officer being unable to communicate with her at the hospital due to her medical condition. | |
| Result: | The State Dropped the DUI. | |
| Dec 7, 2021 | Case: AEBLREE | Judge Bedinghaus |
| Facts: | The defendant was stopped for driving down the wrong lane, by driving westbound in the eastbound lane. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also gave the officer his debit card instead of his driver’s license. The defendant also appeared to stumble and he stated he had drank two beers. He then performed various roadside tests and was arrested for DUI. He later blew a 144 and a .143 in the breath machine. | |
| Defense: | The video of the defendant at the scene clearly contradicted many of the officer’s written observations which were highly exaggerated. | |
| Result: | The State Dropped the DUI. | |
| Dec 7, 2021 | Case: 21-CT-000257 | Judge Gutman |
| Facts: | The defendant was involved in a traffic crash. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. While detained, he fell asleep. He was arrested for DUI because roadsides were not conducted for safety reasons. Believing he was impaired by drugs along with alcohol, a DRE (drug recognition exam) was conducted and a urine test was requested. He later tested positive at FDLE for Methamphetamines, benzos and marijuana. This was the defendant's Second DUI. He was also charged with leaving the scene of an accident. | |
| Defense: | Prior to trial, the defense pointed out to the State that the DRE was wrong. The officer called CNS depressants which has the opposite effect of a CNS simulant (methamphetamines). Also, the officers stated they smelled alcohol, but none was detected in his system. Their credibility was called into question. The State Dropped the defendant's Second DUI. The leaving the scene charge was Dismissed. | |
| Result: | The State dropped the DUI. | |
| Dec 7, 2021 | Case: 21-CT-000087 | Judge Gutman |
| Facts: | The defendant was found passed out in his car and slumped over the wheel. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm pointed out that the defendant could not be in actual physical control as he had no "capability" to operate the vehicle while asleep. | |
| Result: | The State dropped the DUI. | |
| Dec 7, 2021 | Case: AEBM7KE | Judge Bedinghaus |
| Facts: | The defendant was involved in a traffic crash with a police vehicle. Officers observed the defendant to have an odor of alcohol and bloodshot/watery eyes. He then performed various roadside tests and was arrested for DUI. He later blew a .119 and a .118 in the breath machine. | |
| Defense: | Issues were raised by the firm as to who was actually at fault in the crash. In addition, the defendant sustained head injuries when he fell off his motorcycle. This caused doubt as to whether impairment was due to alcohol or the crash itself. | |
| Result: | The State Dropped the DUI. | |
| Dec 7, 2021 | Case: 21-CT-008306 | Judge Jeske |
| Facts: | The defendant was stopped for weaving and cutting off another car. The officer noticed an odor of alcohol and requested that she perform field sobriety tests. She then performed the HGN (eye test), walk and turn, and one leg stand. She was then arrested for DUI and later refused the breath test. | |
| Defense: | An odor of alcohol alone is not enough to give an officer reasonable suspicion of a crime (ie. DUI) to lawfully request roadside tests. Thus, there was a high likelihood that the field sobriety tests would have been excluded from evidence. | |
| Result: | The State dropped the DUI. | |
| Dec 1, 2021 | Case: 21-CT-003360 | Judge Grode |
| Facts: | The defendant was stopped for driving with his high beams on. Officers noticed an odor of alcohol, slurred speech, and he needed to use his car for support. He also appeared dazed and confused. He then performed poorly on roadside tests and was arrested for DUI. | |
| Defense: | There was no video or body worn camera. Since the roadsides were vaguely described, the state Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 9, 2021 | Case: 21-CT-002279 | Judge Gutman |
| Facts: | An officer observed an unknown female knocking on the window of the car driven by the defendant. The defendant was passed out. She then awoke and drove into the woman banging on the window. The officer then went up to the car and noticed the defendant to have an odor of alcohol, bloodshot eyes, and she appeared lethargic. She also appeared confused and admitted to having drank two margaritas. After performing various roadside tests, she was arrested for DUI. She later refused a breath test. | |
| Defense: | On tape, the defendant did not appear confused or lethargic. In fact, she was very attentive during the roadside tests. Her speech also seemed normal. Due to many contradictions between the video tape and the written reports, the State Dropped the DUI just short of trial. | |
| Result: | The State dropped the DUI. | |
| Nov 9, 2021 | Case: 21-CM-002358 | Judge Gutman |
| Facts: | The defendant's boat was stopped for a safety check by police. Upon boarding the boat, officers observed the defendant to have an odor of alcohol, watery eyes, he staggered, and was unsteady. He had problems using his fingertips and fumbled with his items. He then performed various roadside tests on the boat such as the palm pat, hand coordination, and finger to nose. He was then arrested for boating under the influence and later refused the breath test. | |
| Defense: | The officer had a body worn camera. The defendant only appeared unsteady because the boat was rocking on the water. His eyes were watery because he was on the water and out in the sun all day. There were three others on the boat who stated he was not impaired. Many observations written by the officer were completely exaggerated as compared to the body camera. The State Dropped the BUI a few days before trial. | |
| Result: | The State dropped the DUI. | |
| Nov 9, 2021 | Case: 21-CM-002502 | Judge Gutman |
| Facts: | The defendant was found passed out in his car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. While outside the car, he swayed back and forth. After performing only the HGN (eye test), he was arrested for DUI. He later refused a breath test. After arrest, the officers found drug paraphernalia and he was charged with that as well. | |
| Defense: | To be in actual physical control, a defendant must have the "capability" to operate a motor vehicle. Here, the defendant was sleeping, so he had no capability to operate the car. The State Dropped the DUI and dismissed the possession charge. | |
| Result: | The State dropped the DUI. | |
| Nov 9, 2021 | Case: AEDU2TE | Judge Bedinghaus |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and mumbled speech. He also swayed, stumbled, and appeared unsteady. He then performed the HGN (eye test), walk and turn, one leg stand and estimation of time exercises. He was then arrested for DUI and later blew a .139 and a .136 in the breath machine. | |
| Defense: | Issues were raised as to whether the defendant's breath alcohol level was lower at the time of driving due to his performance on the roadside tests. Thus, the firm called into question whether he was over .08 at the time of driving. | |
| Result: | The State dropped the DUI. | |
| Nov 9, 2021 | Case: 21-CT-004727 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery/glassy eyes, and delayed verbal communication. He also had a red in color face. The defendant then performed 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 pointed out to the State that there was a lack of probable cause to arrest him based on the video tape evidence. The State agreed and Dropped the DUI a few days before trial. It should be noted, the firm got his last DUI Dropped as well. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2021 | Case: 21-CT-001080 | Judge Dyer |
| Facts: | The defendant was stopped for weaving and driving under the speed limit. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He appeared lethargic and exhibited mood swings. He also swayed, appeared unsteady, and had balance issues. He then refused roadside tests and was arrested for DUI. He later refused a breath test . This was the defendant's Second DUI. | |
| Defense: | There were a few cops on scene. It appeared on video as if it was training exercise to teach the trainee officer how to process a DUI. One cop was even asking about a refusal statute which didn't even apply. In addition, on tape he did not appear unsteady and his speech was normal. After speaking with the prosecutor, the State Dropped the defendant's Second DUI a few days before trial. | |
| Result: | The State dropped the DUI. | |
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