| Oct 8, 2026 | Case: 26-CT-005418 | Judge Smith |
| Facts: | The defendant was stopped for speeding and running a red light. Officers observed an odor of alcohol, slurred speech, unsteadiness, and watery eyes. He also admitted to consuming two shots. After performing very poorly on the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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OUR RECENT VICTORIES
| Oct 7, 2026 | Case: 26-CT-007612 | Judge Scott |
| Facts: | The defendant was stopped for driving with no lights and almost crashing into a police car. Officers observed an odor of alcohol, glossy eyes, slurred speech, and he admitted to having consumed anywhere from two to four beers. After performing the HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 7, 2026 | Case: 26-CT-005592 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, lethargic movements, unsteadiness, and slow/slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .123 and .115 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-002176MM10A | Judge Brown |
| Facts: | The defendant was first observed driving at a high rate of speed. Next, the officer stated that the defendant passed a series of vehicles in the bike lane and made an illegal turn against a red light. The officer stated that the defendant had a strong odor of alcohol, red watery eyes and a very flushed face. The defendant performed the HGN (eye test), walk and turn test as well as the one leg stand. He was arrested for DUI and subsequently refused a breath test. He was also charged with refusal to submit to testing. | |
| Defense: | The driving pattern was not on video. The theory of defense was "trust your eyes not your ears." The video clearly impeached the credibility of the officer's testimony. In addition, although not provided by the prosecutor, we located a booking photo of the defendant which also showed that the defendant's face was not flushed and his eyes were not remarkably red. The State conceded the case on the morning of trial. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-034746 | Judge T. Brown |
| Facts: | The defendant was stopped for crossing over the white lane lines three times and traveling onto to the grass shoulder two times. Officers stopped the defendant and noticed an odor of alcohol, mumbling speech, watery eyes, and he admitted to having drank two beers. He also swayed and stumbled multiple times. The defendant then performed the HGN (eye test), finger to nose, and estimation of 30 seconds exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-004367 | Judge C. Brown |
| Facts: | The defendant was stopped for driving with no headlights after dark. Officers noticed an odor of alcohol, bloodshot/watery eyes, slurred speech, and he appeared unsteady. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .169 and .163 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-030022 | Judge T. Brown |
| Facts: | The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he had drank beer. Due to physical ailments, the defendant performed the HGN (eye test), finger to nose, and finger count exercises. He was arrested for DUI and later blew a .117 and .116 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-026966 | Judge Ingram |
| Facts: | The defendant was stopped for driving with no lights after dark, failing to stop while exiting a parking lot, and driving between two lanes. Officers noticed an odor of alcohol, slurred speech, and water eyes. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was his Third DUI. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped his Third DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-020586 | Judge Ingram |
| Facts: | The defendant was found passed out in his running vehicle outside of a bar. Officers banged on the widow in an attempt to get him to wake up. As he rolled the window down, he had a dazed look, an odor of alcohol, glassy eyes, and slurred speech. He also appeared very confused and had poor balance. The defendant stated he had consumed “a handful" of drinks. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-030676 | Judge Ingram |
| Facts: | The defendant was stopped for doing doughnuts (burnouts) in a parking lot. Upon being stopped, he was immediately arrested for stunt driving. Officers noticed an odor of alcohol, slurred speech, and a sway to his stance. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for Stunt Driving and DUI and he later refused a breath test. | |
| Defense: | The defendant was stopped for "Stunt Driving." However, under the statue for Stunt Driving ( i.e. doing doughnuts), it must have been a part of a street takeover. Here, there was no street takeover because one has to block or impeded the flow of traffic. Thus, there was no probable cause to stop and then arrest the defendant. After negotiations with the State regarding the evidence, the State Dropped the DUI to a Civil Careless Driving infraction. The Stunt Driving charge was also Dismissed. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-031762 | Judge Ingram |
| Facts: | The defendant was stopped for speeding and crossing over the double yellow center line. Officers noticed an odor of alcohol, a sway to her stance, slow speech, a pale face, and watery eyes. The defendant only agreed to perform the HGN (eye test) and refused to perform any other roadside tests. She was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the video, the State Dropped the DUI to a Civil Carless Driving infraction. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-027439 | Judge T. Brown |
| Facts: | The defendant was stopped for almost colliding with another car. Officers noticed an odor of alcohol, bloodshot glassy eyes, he swayed while standing, a fatigued face, and difficulty articulating his words. The defendant then performed the HGN (eye test), finger to nose, and finger count exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | On tape his speech was totally normal, he had no sway, did not appear fatigued, and performed much better on the field sobriety tests than as described in the police reports. After negotiations, the State Dropped the DUI to a Civil Carless Driving infraction. | |
| Result: | The State dropped the DUI. | |
| Oct 2, 2026 | Case: 26-CT-007526 | Judge Scott |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/watery eyes, slurred speech, and a blank/dazed stare. The officer believed he was actually impaired by drugs and not alcohol and requested him to perform field sobriety tests which consisted of HGN (eye test), walk and turn, and the one leg stand. He was then arrested for DUI and later provided a urine sample. | |
| Defense: | The officer stated that he packaged the urine and sent it to FDLE. FDLE never received the urine or analyzed it. it apparently got lost or destroyed. | |
| Result: | The DUI was dismissed. | |
| Oct 1, 2026 | Case: 26-CT-004817 | Judge Smith |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and eye lid tremors. He also appeared unsteady on his feet. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .123 and .115 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 30, 2026 | Case: 26-CT-007763 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, confusion, a blank stare, lethargic movements, and poor balance. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .168 and .157 on the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 30, 2026 | Case: 26-CT-006515 | Judge Taylor |
| Facts: | The defendant was stopped for traveling the wrong way. Officers noticed an odor of alcohol, slurred speech, and watery eyes. He exhibited a drunk like appearance and also admitted to having consumed alcohol. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .126 and .125 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 30, 2026 | Case: 26-CT-003141 | Judge Taylor |
| Facts: | The defendant was stopped for crossing the stop bar at a red light and slamming his brakes. Officers noticed an odor of alcohol, red/watery eyes, and slurred speech. The defendant swayed and had difficulty standing. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .206 and .196 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 30, 2026 | Case: 25-CT-012467 | Judge Taylor |
| Facts: | The defendant was stopped for running a red light. Officers observed an odor of alcohol, glassy eyes, and slurred speech. She also had difficulty dividing her attention. She admitted to having consumed multiple drinks prior to driving. According to the officer, she performed poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later refused a breath test. This was her Second DUI arrest. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dopped her Second DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 30, 2026 | Case: 26-CT-002838 | Judge Crown |
| Facts: | The defendant was stopped for speeding. Officers noticed enlarged/glassy pupils and uncoordinated motor functions. Believing that she was impaired by drugs, she was requested to perform field sobriety tests. She performed very poorly on tape. She was arrested for DUI and later provided a urine sample. That came back from the FDLE lab positive for marijuana. | |
| Defense: | Neither officer at the scene smelled any odor of pot nor found pot. At the station, a DRE (drug recognition expert) was called in to perform an evaluation. The defendant admitted to taking marijuana, but not on the date in question. The State could not prove that it was the marijuana that was allegedly impairing her as it could have been in her system for 30 days. The key factor was that the defendant didn't admit to smoking pot that day, the cops did not find any pot, nor did they smell any on her person. | |
| Result: | The State dropped the DUI. | |
| Sep 29, 2026 | Case: 26-MM-001176 | Judge Menz |
| Facts: | The defendant crashed his motorcycle and ended up on the side of the road. When officers arrived, they noticed an odor alcohol, slurred speech, and glassy eyes. He refused to perform any field sobriety tests other than HGN (eye test). He was arrested for DUI and later refused a breath test. This was his Second DUI. | |
| Defense: | On tape, when the first officer arrived there was a civilian standing with the defendant (i.e., a witness). Officers never got his name or took a statement. In addition, on tape, the defendant's speech was not slurred and he was not off balance at all. After negotiations, the State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
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