| Jan 7, 2020 | Case: 2019-CT-003125 | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol and he admitted to having drank two cocktails. He then performed the field sobriety tests such as the one leg stand and walk and turn. He was then arrested for DUI and later refused the breath test. | |
| Defense: | An officer must have reasonable suspicion of a crime in order to request roadside tests. The officer must have specific facts that the defendant was impaired. A mere odor of alcohol is not enough with no erratic driving. Thus, all the roadside tests could have been excluded. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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OUR RECENT VICTORIES
| Jan 7, 2020 | Case: 19-CT-013229 | Judge Farr |
| Facts: | The defendant was stopped after an officer said the defendant cut him off. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | The officer exaggerated the level of impairment in the roadside reports as compared to the video tape. The State dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 7, 2020 | Case: 19-CT-002237 | Judge Gutman |
| Facts: | The defendant failed to yield the right of way and was the at fault driver in a traffic crash. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He was slow and lethargic, and he also swayed back and forth. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .090 in the breath machine. This was the defendant's Second DUI within five years. | |
| Defense: | The firm was able to show that the defendant's breath alcohol level was under the legal limit through a .02 margin of error. Also, the video contradicted the officer's reports as to the observations both before and during the roadside tests. The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 30, 2019 | Case: 2019-CT-010703 | Judge Farr |
| Facts: | The defendant crashed and rolled over his vehicle in the rain trying to avoid an object in the road. Police helped the defendant get out of the vehicle as it was upside down. They observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He swayed, appeared unsteady, and staggered. He refused to perform 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 the defendant was injured from the crash. Any impairment such as speech issues and unsteadiness were as equally attributable to the severity of the crash versus alcohol. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 30, 2019 | Case: 2019-CT-011579 | Judge Farr |
| Facts: | The defendant was involved in a crash in an intersection with another vehicle. The police alleged he ran a red light and the other vehicle had the right of way. They observed the defendant to have an odor of alcohol, red/glassy eyes, and slurred speech. He was asked to perform field sobriety tests to which he refused. He was arrested for DUI and later refused the breath test. | |
| Defense: | The defendant obtained the DUI video tape in discovery. For some unexplained reason, the officer did not place the defendant in front of the patrol car dash camera during the entire DUI investigation. However, we could hear the defendant speaking and his speech sounded normal, not slurred. Also, he denied that he ran the red light and said that the other driver ran the red. The State Dropped the DUI just prior to trial. | |
| Result: | The State dropped the DUI. | |
| Dec 30, 2019 | Case: 2019-CT-503372 | Judge Gonzalez |
| Facts: | The defendant was stopped for weaving all over the road and driving east bound in the west bound lanes. The officer did not smell any alcohol but observed slurred speech. Believing she was impaired, she was then asked to perform field sobriety tests. For example, on the walk and turn, she did not walk heel to toe, stepped off the line multiple times, and was unsteady. On the one leg stand, she failed to count, used her arms for balance, and failed to keep her toe elevated. She was arrested for DUI and later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | To prove DUI, the state must prove that the defendant was impaired by alcohol, and/or a controlled and/or chemical substance. Here, the defense filed a motion for statement of particulars to pin the State down as to their theory of prosecution. They could not prove what substance was allegedly impairing the defendant and the Second DUI was Dismissed. | |
| Result: | The DUI was dismissed | |
| Dec 20, 2019 | Case: 19-CT-001163 | Judge Bell |
| Facts: | The defendant drove up to the scene where her boyfriend was being stopped by police. Officers noticed her to have an odor of alcohol, slurred speech, and a flushed face. She also had watery eyes and admitted to having drank beer. She performed field sobriety tests on video tape and was arrested for DUI. After her arrest, she blew a .178 and a .177 in the breath machine. | |
| Defense: | Officers saw her pull up and ordered her over to them. This was an unlawful command, because at that point, no DUI observations had been made. Thus, there was no reasonable suspicion of a crime (ie. DUI), justifying the initial command. | |
| Result: | The State dropped the DUI. | |
| Dec 17, 2019 | Case: 18-034710MU10A | Judge Evans |
| Facts: | The defendant was the at fault driver in a crash whereby he failed to yield the right of way. Officers observed the defendant to have an odor of alcohol and slurred speech. The defendant stated he had drank alcohol, but would not state how much. The defendant was very off balance. The defendant performed very poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI. | |
| Defense: | There was no video at the scene. There was a video at the BAT facility. The officer made the defendant out to be a falling down drunk at the scene. However, on tape later at the BAT, the defendant was not off balance or unsteady. Also, the defendant's speech was normal and there was no slurred speech on tape. The State Dropped the defendant's Third DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 11, 2019 | Case: 19-CF-001453 | Judge Espinosa |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol and an odor of marijuana coming from inside the car. The defendant had slurred speech and red eyes. The officer observed two green beer bottles in the driver's door. After performing field sobriety tests, he was arrested for DUI. He later blew a .179 and a .166 in the breath machine. He was also charged with having a felony controlled substance without a prescription. | |
| Defense: | The facts surrounding the traffic stop were only vaguely described. Thus, the lawfulness of the stop was called into question. The State Dropped the DUI and the firm is now working on getting the felony dropped too. | |
| Result: | The State dropped the DUI. | |
| Dec 11, 2019 | Case: 19-CT-005966 | Judge Mcneil |
| Facts: | The defendant was stopped for weaving. The officers didn't notice an odor of alcohol, however, they did observe bloodshot eyes, slow/slurred speech, and his responses were slow. The defendant was very unsteady and almost fell over. The officer even had to catch him. There was also an odor of urine on the defendant. Believing he was impaired by drugs, and not alcohol, he then performed the field sobriety tests. He performed very poorly on the roadside tests and was arrested for DUI. He later submitted to a urine test which showed positive results for Xanax. | |
| Defense: | There was no video at the scene. The officer's reports made no sense, in that the defendant was practically almost falling down, yet the officer still had him perform the walk the line and one leg stand. | |
| Result: | The State dropped the DUI. | |
| Dec 10, 2019 | Case: 19-CT-502148 | Judge Swett |
| Facts: | The defendant was stopped for crossing over the lane markers several times. Upon contact, the officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. When asked for his driver's license, the defendant provided a Costco card. The defendant was unable to follow basic commands and also stumbled. He performed poorly on the videotaped roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Per the NHTSA manual on roadside tests, field sobriety tests are supposed to be conducted in a well lit area. In this case, the officer had the defendant perform them in pitch black darkness. On the day of trial, the State dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 6, 2019 | Case: 4534-XFD | Judge Martinez |
| Facts: | The defendant was stopped for speeding. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. His face was flushed and he was also very unsteady. The defendant admitted to having consumed 5 cocktails. Due to safety concerns, he was unable to perform roadside tasks. He was arrested for DUI and later blew .132 and .123 in the breath machine. | |
| Defense: | The officer never called for an in car camera to the scene even though one was available. The defendant's story contradicted the officers alleged observations it the reports. | |
| Result: | The State dropped the DUI. | |
| Dec 4, 2019 | Case: 2019-MM-003023 | Judge Eissey |
| Facts: | The defendant was stopped for straddling the center white line and driving under the speed limit. The officer noticed an odor of alcohol, red/glassy eyes, and slurred speech. Her statements were inconsistent and incoherent. She stumbled and appeared confused. She refused to perform field sobriety tests and was arrested for DUI. She later refused the breath test. At the station, she became aggressive and allegedly kicked the officer and was also charged with Felony resisting an officer with violence. | |
| Defense: | On the video, the officer misstated the law when requesting the defendant to perform field sobriety tests. Also, on tape, she never stumbled or appeared incoherent. The defense was also able to show that it was the officers who were aggressive with her initially back at the station and she was simply defending herself. The State Dropped the DUI and the Felony was also Dropped to a misdemeanor battery whereby she received no conviction. | |
| Result: | The State dropped the DUI. | |
| Nov 26, 2019 | Case: 19-CT-501958 | Judge Gagliardi |
| Facts: | The defendant was stopped for weaving all over the road. The 911 caller which led to the stop, stated that the defendant was driving on sidewalks and almost striking cars. The officer observed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant agreed to perform the field sobriety tests. For example, on the walk and turn, he took an incorrect number of steps, almost fell, and missed heel to toe. On the one leg stand, the defendant only made it two seconds before he put his foot down, swayed, and used his arms for balance. He was then arrested for DUI and later refused the breath test. | |
| Defense: | Through pre-trial discovery, Parks & Braxton discovered that the civilian 911 caller had stayed on scene and was filming the field sobriety tests. It should be noted that the officer did not have an in-car camera or a body worn camera. The firm requested that video because we alleged that it would show that the officer was exaggerating the defendant's level of impairment. The officer made no effort to get a copy from the witness and no effort was made by the State to get a copy. Due to the lack of videotape evidence in the case, the State Dropped the DUI. | |
| Result: | The State Dropped the DUI. | |
| Nov 22, 2019 | Case: 18-036116MU10A | Judge Pole |
| Facts: | The defendant was stopped for speeding, failing to stop at a red light, and weaving. The officer noticed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. She stated to the officer that she had been through this before. After performing the roadside tests, she was arrested for DUI. After her arrest, she blew a .090 in the breath machine. | |
| Defense: | Parks & Braxton was able to get the defendant's statements excluded. In addition, since the defendant's breath was over an hour later, the State could not prove that the defendant was over the legal limit at the time of driving. The State Dropped the DUI and she received no conviction on her record. | |
| Result: | The State dropped the DUI. | |
| Nov 21, 2019 | Case: 19-CT-034868 | Judge T. Brown |
| Facts: | The defendant was stopped for jerking the steering wheel and erratically braking. The officer observed an odor of alcohol, bloodshot glassy eyes, and she was unsteady. The defendant stated she had one drink earlier in the day. After performing roadsides tests, she was arrested for DUI. | |
| Defense: | There was no probable cause to believe any traffic infraction occurred, nor any reasonable suspicion of a crime that the defendant was an impaired driver justifying the lawfulness of the traffic stop. The State Dropped the DUI and the defendant received no criminal conviction on her record. | |
| Result: | The State dropped the DUI. | |
| Nov 19, 2019 | Case: 2019-CT-009305 | Judge Conrad |
| Facts: | The defendant was stopped for speeding (85 mph in a 55 mph zone). The officer noticed the defendant to have an odor of alcohol, slurred speech, and fumbling fingers. He also had bloodshot eyes and unstable balance. The defendant admitted to having consumed three Crown Royal whiskey drinks. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .135 and a .133 in the breath machine. | |
| Defense: | The defendant's performance on the field sobriety tests on video tape clearly showed that he was still absorbing alcohol and his breath alcohol content may have been lower than .08 at the time of driving. It should be noted that the breath test as taken almost 90 minutes after the traffic stop. | |
| Result: | The State dropped the DUI. | |
| Nov 19, 2019 | Case: 19-CT-041668 | Judge Koenig |
| Facts: | The defendant was stopped for speeding (80 mph in a 50 mph zone) and weaving in and out of traffic. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot/watery eyes. The defendant was also slow exiting the car. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Due to the defendant not performing the roadside tests, it was apparent on tape there was a lack of probable cause to arrest the defendant. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 18, 2019 | Case: 19-CT-019013 | Judge Damico |
| Facts: | The defendant was stopped after failing to stop at a red light. The red light camera flashed numerous times. The officer then proceeded through traffic to stop the defendant. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated he had drank a couple of glasses of wine. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Parks & Braxton showed that the defendant never ran the red light and that the officer never obtained the red light camera. From his vantage point, and traffic, there was no way he could have seen the defendant run a red light. Thus, the lawfulness of the stop was called into question and so was the officer's credibility. | |
| Result: | The DUI was dismissed. | |
| Nov 18, 2019 | Case: 19-CT-015564 | Judge Jeske |
| Facts: | The defendant was stopped for weaving all over the road. Upon contact, the officer observed the defendant to be lethargic, have bloodshot eyes, and he swayed. The defendant admitted to having smoked pot with some friends prior to driving. After performing field sobriety tests, he was arrested for DUI. He later provided a urine sample which tested positive for marijuana at the FDLE lab. | |
| Defense: | Parks & Braxton provided evidence to the State regarding the defendant's car, showing the alignment and tires were messed up which would have caused it to swerve. Also we pointed out to the State that on tape there was no probable cause to arrest the defendant for DUI. The State agreed and Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
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