| Feb 21, 2012 | Case: 09-026294MM10A | Judge Robinson |
| Facts: | The defendant was stopped for swerving out of her lane colliding with the curb several times. The officer alleged that once he put his lights on that the defendant failed to stop within a reasonable amount of time. The officer made contact with the defendant and observed a strong odor of alcohol, slurred speech and bloodshot eyes. He stated that as she exited her car she was unsteady and lost her balance. The defendant performed the one leg stand, walk and turn and HGN (eye test). The officer alleged that she failed each of the field sobriety tests and was subsequently arrested for DUI. The defendant subsequently refused a breath test. | |
| Defense: | Parks & Braxton filed a motion to suppress based on an unlawful stop. In addition, the defense listed a witness who observed the entire incident and contradicted the officer's observations. | |
| Result: | Based on the testimony provided by the independent witness the State dropped the DUI. | |
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OUR RECENT VICTORIES
| Feb 21, 2012 | Case: 11-017556MM10A | Judge Fry |
| Facts: | The defendant was observed by a security guard as well as an independent witness driving through a fence. The officer responded to the scene and observed the defendant holding onto the stop sign yelling "I'm too f'n drunk". The officer who conducted the investigation stated that the defendant was unable to stand up without assistance. The defendant supposedly advised the officer that he had been drinking bloody marys and a lot of beer. The officer then subsequently called for a car with a video to respond to the scene. On video the defendant refused all testing. Prior to going on video the officer allegedly observed a strong odor of alcohol, slurred speech, a flushed face and bloodshot eyes. This was the defendant's 3rd DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 20, 2012 | Case: 2011CT003901AXXX | Judge Turner |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. The officer suspected he was actually impaired by a chemical and/or controlled substance, not alcohol. | |
| Result: | The DUI was Dismissed as the State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. | |
| Feb 17, 2012 | Case: 2011-CT-014367-A-O | Judge Freeman |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slightly slurred speech, and red eyes. The defendant stated he drank six bottles of beer earlier that day. According to the officer, he failed the roadside tests and was arrested for DUI. He submitted to a urine test based on his statements about using marijuana. His urine tested positive for marijuana. | |
| Result: | The DUI was Dismissed. | |
| Feb 15, 2012 | Case: CT-000496-XEH | Judge Greco |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Feb 13, 2012 | Case: 05-2011-CT-035417AXXX-XX | Judge Garagozlo |
| Facts: | The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine. | |
| Defense: | The video contradicted the officer's reports as to the defendant's alleged performance on the roadside tests. Also, with the .02 margin of error in the breath machine, the firm pointed out that the defendant's breath results could have been under the legal limit. | |
| Result: | The State Dropped the DUI. | |
| Feb 3, 2012 | Case: 05-2011-CT-037416-AXXX-XX | Judge Atkin (JURY TRIAL) |
| Facts: | The defendant was found passed out in the drive thru of a fast food restaurant. Officers were called to the scene and could not wake him up even by shaking him and yelling. They had to use a sternum rub to wake him up. They then observed an odor of alcohol, bloodshot eyes, and slurred speech. Upon being woken up, the defendant began to scream at the officers. A DUI investigator/drug recognition expert was called to the scene and made similar DUI observations. He also stated the defendant staggered upon exiting the car. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant was then arrested for DUI and subsequently refused the breath test. This was the defendant's second DUI within five years. | |
| Defense: | At jury trial, Parks & Braxton argued that the defendant was asleep in his car because he worked long hours. The defendant testified to this fact. The firm also argued that the video contradicted the arresting officer's testimony as it related to the defendant's performance on the tests. Furthermore, we also pointed out to the the jury many conflicts in the evidence and that the officers had stated many times they did not recall specific facts upon cross examination. | |
| Result: | During jury deliberations, the State Dropped the DUI. | |
| Feb 1, 2012 | Case: CT-003222-XGA | Judge Dominguez |
| Facts: | The defendant was found by police passed out in his car in a pharmacy parking lot. Upon awaking the defendant, the initial officer noticed an odor of alcohol, glassy eyes, and unsteadiness. The defendant stated he was waiting for the pharmacy to open even though it was closed until the next morning. A DUI unit was called and he made similar observations. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jan 27, 2012 | Case: 2011-CT-008973AXXX | Judge Damico |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred/mumbled speech, and a "long distance stare." He fumbled with his items in handing them to the officer and was very unsteady on his feet. The defendant stated he had three drinks. He then refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. A pre-trial deposition of the arresting officer was taken prior to the trial date. | |
| Result: | After reading the sworn deposition of the arresting officer's answers to our questions, the State Dropped the DUI. | |
| Jan 24, 2012 | Case: 11-CT-504843 | Judge Gonzalez |
| Facts: | The defendant was stopped by police as she was stopped in the middle of a turning lane. The officer went up to the car and noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated she was coming from a bar. According to the officer, she did not perform the roadside tests up to standards and was arrested for DUI. She then refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. The reports were very vaguely written as it related to the defendant's performance on the tests and there was no video tape at the scene. | |
| Result: | The State Dropped the DUI. | |
| Jan 23, 2012 | Case: 1371-XEU | Judge Newman |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, and unsteady balance. He performed very poorly on the roadside tests and was arrested for DUI. The officer found marijuana in the car and added that charge. After his arrest on all charges, he refused the breath test. | |
| Result: | On the morning of trial, the State Dropped the DUI an Dismissed the marijuana charge. | |
| Jan 17, 2012 | Case: CT-004694-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jan 13, 2012 | Case: 2011-CT-022578AXXX | Judge Eissey |
| Facts: | The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 4, 2012 | Case: 0021-XBU | Judge Seraphin (JURY TRIAL) |
| Facts: | The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest. | |
| Defense: | At jury trial, Parks & Braxton pointed out to the jury that the State presented a lack of evidence by not bringing in any fire rescue workers who initially found the defendant and saw his condition. Also they did not bring in any fire rescue reports, whether the defendant was initially sleeping, and no evidence of how the keys even got on the dashboard. Our other argument to the jury was that the defendant was not in actual physical control of the vehicle because when the officer approached the car the defendant had no "capability" of operating a car without keys in his hands nor in the ignition. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Dec 16, 2011 | Case: 08-20173MM10A | Judge Murphy |
| Facts: | The defendant was involved in an accident. Upon approaching him the officer observed a strong odor of alcohol as well as bloodshot glassy eyes. The defendant was asked to perform several field sobriety tests on video. After performing the one leg stand, finger to nose as well as the walk and turn test he was arrested for DUI. The defendant admitted to drinking several rum and cokes and blew a .193 in the breath machine. | |
| Result: | Both motions were granted. The DUI was Dismissed. | |
| Dec 12, 2011 | Case: 3269-XEJ | Judge Denaro |
| Facts: | The defendant was stopped for making an illegal U-Turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests which were video taped. He was then arrested for DUI and subsequently refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Dec 12, 2011 | Case: CT-007709-XEF | Judge Jeske |
| Facts: | The defendant was stopped for weaving and rubbing against the curb. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to drinking. According to the officer, he performed field sobriety tests, did not performed up to standards, and was arrested for DUI. After his arrest, he blew a .163 and .176 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Dec 12, 2011 | Case: 2011-MM-006916-A | Judge Herr |
| Facts: | The defendant was stopped for weaving all over the road at least twelve times and almost striking another vehicle. The officers observed an odor of alcohol, red eyes, slurred speech, and tripping as he got out of the car. He performed poorly on the roadside tests. For example, on the one leg stand, he used his arms for balance, put his foot down more than one time, and swayed. He was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Dec 10, 2011 | Case: CT-007421-XEY | Judge Mcneil |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, watery eyes, and he fumbled with his materials in the car. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
| Dec 9, 2011 | Case: 4463-XDY | Judge Denaro |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and watery eyes. According to the DUI officer, he could not perform the roadside tests at all due to his level of intoxication and was arrested for DUI. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
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