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DUI Wins

Our Recent DUI Victories

The following is a list of the firm's most recent DUI wins.
Parks & Braxton provides the case number, the judge's name, as well as the date the DUI was won for authenticity purposes.
Sep 5, 2024 Case: 24-CT-007549 Judge Damico
The defendant was seen by police driving though a restricted area. Officers observed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
On tape, her speech was not slurred, she was not off balance or unsteady, and she appeared coherent. We put forth to the State that there was a lack of probable cause to arrest her. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Sep 4, 2024 Case: 24-MM-030258 Judge T. Brown

The defendant was stopped for weaving and having an inoperable tag light on this trailer. Officers noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. A large Grey Goose vodka bottle was observed at the defendant's feet and there were multiple kids in the car as well. The defendant agreed to perform various field sobriety tests and was subsequently arrested for DUI. He was also charged with threatening an officer. He stated, amongst many things to the officer, "I'll twist your neck off your pussy ass head." He later blew a .095 in the breath machine. He was charged with Enhanced DUI because of the kids in the car.

After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI and he received no penalties on the Threat to an Officer charge.
The State dropped the DUI.
Sep 3, 2024 Case: 23-012959MU10A Judge Fry
The defendant was pulled over for drifting on the highway in between lanes. The officer placed his overhead lights on and stated that the defendant was slow to react. Upon making contact with the defendant the officer observed an odor of alcohol, bloodshot eyes, as well as slurred speech. The defendant informed the officer that he suffered from juvenile diabetes and subsequently tested his glucose level on scene. The officer's report was inconsistent with the glucose level that the defendant stated he had on scene. The officer administered a series of field sobriety tests on video. The defendant had a great deal of difficulty with the walk and turn test as well as the one leg stand. The defendant was arrested for DUI and refused a breath test. This was the defendant's 3rd arrest for DUI.

After being placed under arrest, the defendant was taken to the hospital for medical clearance. Counsel ordered a copy of the hospital records which clearly showed that the defendant's glucose levels were out of range. In addition, counsel secured a series of medical records which clearly indicated the volatile nature of the defendant's blood sugar levels. Both high and low blood sugar levels can mimic the effects of alcohol impairment. As a result, counsel announced ready for trial. After listing the medical records as evidence, the prosecutor agreed to drop the DUI. The defendant received no conviction for any charges.
The State dropped the DUI.
Sep 3, 2024 Case: 24-CT-000594 Judge Legler
The defendant crashed her car into a tree and then it rolled over twice. Police observed the defendant to have an odor alcohol, slurred speech, and bloodshot eyes. She also appeared disoriented and she admitted to drinking alcohol. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
On tape, the defendant's speech was not slurred and she did not appear disoriented. In addition, under Florida case law, when a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI and the defendant received no criminal conviction on her record.
The State dropped the DUI.
Aug 20, 2024 Case: 23-016389MU10A Judge Brown
The defendant was observed on video weaving multiple times on the highway. After he was pulled over, the troopers observed a strong odor of alcohol, bloodshot eyes and unsteadiness. The defendant agreed to perform a series of field sobriety exercises. On the walk and turn test, the defendant was unable to walk on the line, and none of his steps were heel to toe. However, on the one leg stand, the defendant was able to keep his foot in the air for the entire exercise. The trooper administered a modified finger to nose test and then arrested the defendant for DUI. The defendant subsequently refused to submit to a breath test. This was the defendant's second DUI.
On video, the trooper can be seen having a conversation with another officer on scene. However, the trooper turned off the microphone, and therefore, the conversation was not audible. Parks & Braxton took a deposition of both officers. The officers denied having a conversation that was not captured on video. Based on the video, the troopers’ testimony was clearly untrue. In addition, the arresting trooper kept asking the defendant how much sleep he had the night before. It was clear that the arresting trooper entertained the possibility that the defendant was merely exhausted rather than impaired from alcohol. It wasn't until after the trooper had a private conversation with the second officer that the defendant was placed under arrest for DUI. Parks & Braxton announced ready for trial. The prosecutor dropped the DUI on the morning of trial.
The State dropped the DUI.
Aug 20, 2024 Case: 24-CT-001994 Judge Gutman
The defendant was stopped for weaving and driving in the bicycle lane several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She also had a bar bracelet on her wrist. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2024 Case: 24-CT-009191 Judge Cohen
The defendant was found passed out behind the wheel of his running car with a vape pen and drool dripping from his mouth. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and he was nodding in an out. The defendant was fidgety, agitated, and changed his story multiple times. He performed poorly on various roadside tests and was arrested for DUI. He later blew a .122 and .121 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 19, 2024 Case: AHPGBFE Judge Todd for Vaccaro
The defendant was found in a parking lot by police passed out in his running car with the driver's door open. He was slumped over the wheel and his body was partially hanging out. There was a large pile of vomit by the driver's door. Officers observed an odor of alcohol, a dead/blank expression, slurred speech, and bloodshot eyes. He had vomit on this shirt, shoes and mouth. He was unsteady, swayed, and stumbled. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .182 and .172 in the breath machine. This was the defendant's Second DUI arrest.
The defendant had parked his car a block away from the bar. He then walked from the bar to his car and passed out after vomiting. The State could not prove that he was in actual physical control because at the time of the incident he had no capability to operate the car while passed out. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Aug 14, 2024 Case: 24-CF-014369 Judge Steinbeck
A circle K gas station clerk called the police that she noticed that the defendant smelled like alcohol and went in his car and fell asleep. They wished to have the defendant removed from the parking lot. When the officer arrived, he found the defendant asleep and attempted to wake him up. After several seconds, the officer reached into the car, turned the engine off, and placed his car keys on the roof. The officer noticed bloodshot eyes and a dazed/confused look. He asked the defendant to perform field sobriety tests and the defendant refused. He was then arrested for DUI and later refused a breath test. The defendant was charged with Felony DUI as this was his Fourth offense and also a second refusal charge for refusing to submit to a breath test.
Parks & Braxton took a pretrial deposition of the arresting officer. In depo, the officer stated that he never smelled any alcohol. The officer did not have body worn camera and never got any video footage from the gas station. Nor did he ever get the clerk's name. In the depo, it was established via our questioning that the seizure of the defendant by the officer taking his keys and ordering him out of the car was unlawful. In addition, the State could not prove by what was allegedly impairing the defendant such as alcohol or any specific controlled substances. Furthermore, the officer stated numerous times in depo that he could not remember specifics of anything. The State read the depo and Dismissed the defendant's Felony 4th DUI and the refusal charge as well.
The DUI was dismissed.
Aug 13, 2024 Case: 24-CT-016507 Judge Rich
The defendant was stopped for driving with one headlight after dark. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slow/slurred speech. He also had a noticeable sway and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .195 and .175 in the breath machine.

After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Aug 13, 2024 Case: 24-CT-005178 Judge Gutman
The defendant crashed his car into a tree. The car was totally destroyed and airbags were deployed all over the inside of the car. Officers noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.
The defendant was just involved in a major crash whereby the car was destroyed, airbags deployed, and he was struck in the head with airbags. The officer did not even attempt to do any nonphysical roadside such as the finger to nose or estimation of time. The firm pointed out that any impairment observed on the roadside tests could have been just as equally due to being hit it the face with an airbag versus alcohol. The State agreed and Dropped the DUI.
The State dropped the DUI.
Aug 13, 2024 Case: AJF46QE Judge Lawhorne
The defendant crashed his car into a tree. The officer noticed an odor of alcohol, watery eyes, and mumbled speech. The defendant struggled to maintain his balance, staggered, and almost fell. The defendant performed poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 9, 2024 Case: 24-CT-000551 Judge Doyle
The defendant was stopped for speeding. The officer noticed an odor of alcohol, red/glassy eyes, and she appeared unsteady. The defendant admitted to having drank three beers. After performing the roadside tests, such as the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .131 and .130 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 7, 2024 Case: 24-MM-021286 Judge Koenig

The defendant was seen by police following a motorcycle that was driving in an erratic fashion in a Walmart parking lot. The motorcycle fell over and the defendant exited his car to help the motorcycle driver who was the defendant's brother. Officers approached the defendant and noticed an odor of alcohol, bloodshot eyes, and changing emotions. The defendant admitted to having drank Captain Morgan rum. He performed poorly on roadside tests and was arrested for DUI. He later blew a .220 and .214 in the breath machine. The defendant was also charged with resisting arrest.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. The resisting charge was Dismissed.
The State dropped the DUI.
Aug 7, 2024 Case: 24-CT-008901 Judge Taylor

The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and later refused a breath test.
Many of the written observations were contradicted by the video tape. After discussions with the State about the video and other evidence, they Dropped the DUI.
The State dropped the DUI.
Aug 7, 2024 Case: 24-CT-000256 Judge Farr
The defendant was stopped for having an unlawfully modified loud exhaust and an expired tag. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and .142 in the breath machine.
The defendant showed no signs of impairment on the video. His speech was not slurred, his balance was normal, and he was responsive and coherent. His performance on the field sobriety tests clearly showed he may have been lower than .08 at the time of driving. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Aug 7, 2024 Case: 24-CT-002805 Judge Farr
The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and red eyes. He also had slow and lethargic movements. After performing various roadside tests, he was arrested for DUI. He later refused a breath test.

On video, the defendant's speech was normal, he stood normally with no sway, walked normally, and his performance on the roadside tests was much better on tape than as described in the police reports. We put forth to the State that there was a lack of probable cause to arrest him for DUI. After conversations with the State Dropped the DUI.
The State dropped the DUI.
Aug 6, 2024 Case: 24-CT-001558 Judge Woodard
The defendant was stopped for driving over 100 mph in a 50 mph zone. The officer observed an odor of alcohol, glassy eyes, droopy eye lids, and slow/sluggish movements. The defendant stated that he had drank 3 beers. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later blew a .168 and .167 in the breath machine.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 5, 2024 Case: 24-CT-005132 Judge Rich
The defendant was stopped for running two stop signs. Upon being stopped, he nearly backed into the officer's police car. The officer observed an odor of alcohol, bloodshot/glassy eyes, and eye lid tremors. He also had delayed responses to simple routine questions and exhibited leg tremors. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .128 and .119 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 5, 2024 Case: 24-CT-000971 Judge Rich
The defendant was stopped for speeding, weaving within his lane, and driving over lane dividers. The officer noticed an odor of alcohol, a flushed face, and slurred speech. His eyes were bloodshot and he swayed while he stood. The defendant performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .122 and .120 in the breath machine.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Aug 1, 2024 Case: AI9MSDE-H Judge Mckyton
The defendant was pulled over for failing to maintain a single lane and driving past the stop bar. The deputy observed a strong odor of alcohol as well as bloodshot eyes. As a result, the deputy contacted a member of the DUI task force to conduct an investigation. The DUI deputy arrived and stated that he observed a strong odor of alcohol, slurred speech and staggering when the defendant walked. The defendant refused to participate in field sobriety exercises. The defendant was placed under arrest. The deputy asked the defendant to open his mouth to check for "weapons and contraband." The defendant refused to open his mouth. On video, the deputy threatened the defendant and stated "you're going to open your mouth or I'm going to take my flashlight and smash your fucking teeth." The deputy then grabbed the defendant and began to choke him. He subsequently threw the defendant against the bumper of the patrol car. Later he called the defendant "dipshit" as well as "retard." The defendant refused to submit to a breath test. The defendant had a prior refusal to submit to breath testing several years ago. The defendant was charged with both DUI as well as Failure to Submit to a Breath Test.
Parks & Braxton filed a motion to dismiss based on egregious governmental misconduct. The constitution ensures that each person has a due process right to be free from governmental misconduct. The motion and video were provided to the Judge as well as ABC and CBS news. The motion was scheduled for August 2, and the jury trial was scheduled for August 6. The day before the motion, Parks & Braxton received a call from the Chief Assistant State Attorney (second in command), who agreed with the motion and subsequently dismissed all charges. It should be noted that the prosecutor made several offers including dropping the DUI in exchange for a plea to the Refusal To Submit charge. Each offer was rejected by the defense.
Both the DUI and Refusal To Submit To Breath Testing were dismissed.
Jul 31, 2024 Case: 21-1724CF10A Judge Rothschild

The defendant was driving in excess of 100mph in a 45mph zone when he collided with a handful of vehicles including a van that was transporting several children. The injuries included a laceration to the liver, rib fractures, lung contusions and lacerations. The victims were subsequently air lifted to the hospital. The defendant was still seated behind the wheel when the police arrived. The defendant's girlfriend acknowledged that the defendant consumed a Long Island Ice Tea. A search warrant was authorized for the defendant's blood alcohol level. The defendant had a blood alcohol level of .09 several hours after the crash. The defendant was charged with 18 counts of DUI Serious Bodily Injury, DUI Causing Injury/Property Damage as well as Reckless Driving Causing Serious Bodily Injury. The defendant was facing a minimum of 8 years and a maximum of 20 years in Florida State Prison.
The defendant was originally represented by another lawyer who does not specialize in these types of charges. Parks & Braxton took over the case and immediately began taking depositions of the officers on scene. It became clear that while the girlfriend did make a statement regarding the defendant's consumption of alcohol, it was not clear when he last consumed the drink. This brought into question the legitimacy of the search warrant to determine the defendant's blood alcohol level. Ultimately, the prosecutor agreed to waive all prison time in exchange for probation.
The defendant received probation. Half of the charges were dismissed.
Jul 31, 2024 Case: 24-CT-002567 Judge Taylor
The defendant was stopped for driving the wrong way down a one-way street. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He swayed while he stood and gave conflicting statements about where he was coming from. According to the officer, he performed poorly on the roadside tests, such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
The defendant's speech was not slurred and he performed much better on the field sobriety tests on video than as described in the police reports.

The State dropped the DUI.
Jul 30, 2024 Case: 22-007009MM10A Judge Lerner-Wren
The defendant was involved in a crash with another vehicle. The first officer on scene took a sworn statement from the driver of the other vehicle who identified the defendant as the driver of the vehicle. The DUI officer arrived on scene and observed a strong odor of alcohol and extremely slurred speech. In addition, the defendant was swaying back and forth on video. The defendant agreed to perform the HGN (eye test) as well as the walk and turn and one leg stand test. The defendant performed poorly on video and was arrested for DUI. The defendant refused to perform a breath test. This was his second DUI.

The video certainly indicated a level of impairment. However, counsel argued that the impairment could just as likely come from the crash as opposed to alcohol. As a result, counsel announced ready and set the case for trial. On the morning of trial the state dropped the DUI. The client received no conviction anywhere on his record.
The State dropped the DUI.
Jul 30, 2024 Case: 23-001244MU10A Judge Lerner-Wren
The defendant was involved in a multiple vehicle crash. When the officers arrived she was still seated behind the wheel of the vehicle. The other individuals in the crash gave statements identifying the defendant as the "at fault" driver in the crash. On video, the defendant was unable to locate her driver's license. Her speech was extremely slurred. She clearly looked and acted impaired. The report indicated that the defendant was under the influence of alcohol or some type of narcotic or medication. The defendant was taken to the hospital and provided both a urine as well as a blood test. The defendant was charged with DUI Property Damage.

The urine and blood tests were taken at the request of medical staff, and not law enforcement. The prosecutors made several attempts to acquire the results of the tests. Each time counsel objected based on HIPPA privacy rights. Eventually, the case was set for trial.
The State dropped the DUI.
Jul 30, 2024 Case: 24-CT-001461 Judge Buie
The defendant was stopped for failing to yield and almost causing a collision. He also was weaving and straddling lane markers. Officers noticed an odor of alcohol, bloodshot eyes, and he seemed confused. His speech was slurred and he was unsteady. He refused to perform roadside tests, other than the HGN (eye test), and was arrested for DUI. He later refused a breath test.

After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.
Jul 30, 2024 Case: 24-CT-003981 Judge Rich

The defendant was stopped after he was observed by police sitting at a green light and not moving for several moments. The officer noticed an odor of alcohol, slurred speech, and watery/glossy eyes. While outside of the car, he was unsteady on his feet. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
On video, the defendant was not sitting at a light for minutes. It was actually 14 seconds. Also, his speech was not slurred and he was not unsteady. Thus, the officer was not truthful in her reports and her credibility was called into question.

The State Dropped the DUI and he received no probation or any penalties other than court costs.
Jul 30, 2024 Case: 24-CT-002163 Judge Farr

The defendant was found passed out/unconscious at a green light in his running car. Officers awoke the defendant and noticed an odor of alcohol, watery eyes, and slow/lethargic movements. The defendant swayed while he stood and admitted to having drank martinis. He performed poorly on roadside tests and was arrested for DUI. He later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jul 30, 2024 Case: 24-CT-001711 Judge Farr

The defendant was stopped for weaving and hitting a curb causing the tire to go flat. The officer observed an odor of alcohol, glassy eyes, and slurred speech. She had a noticeable sway, admitted to drinking at a nearby bar, and had difficulty providing her documents. She then performed the walk and turn, one leg stand, and HGN (eye test) exercises. She was arrested for DUI and later refused a breath test.
Many observations written in the police reports were contradicted by the video tape. After conversations with the State, they Dropped the DUI.

The State dropped the DUI.
Jul 30, 2024 Case: 24-CT-003614 Judge Rich

The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, he appeared jittery, overtalkative, and sweaty. He also spoke usually fast and was unable to stand still. He then performed various roadside tests and was arrested for DUI. He later refused a breath test.
On tape, none of the defendant's normal faculties were impaired. Based on his performance on the roadside tests, there was a lack of probable cause to arrest him. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jul 30, 2024 Case: 24-CT-004316 Judge Farr
The defendant was stopped for swerving, driving too slowly, swerving, and crossing over lane lines multiple times. The officer observed an odor of alcohol, watery eyes, lethargic appearance, and slurred speech. He stated he had consumed one drink. He then performed poorly on field sobriety tests such and the walk and turn and one leg stand. He was arrested for DUI and later blew a .172 and .171 in the breath machine.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.
Jul 30, 2024 Case: 24-CM-003133 Judge Rich

The defendant was stopped after he was observed weaving all over the road. Officers noticed an odor of alcohol, red/watery eyes, he fumbled with his documents, and he appeared unsteady. The Officer noticed a vegetative like substance on the defendant's person that appeared to be marijuana. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a urine test.
Officers believed he was impaired by drugs and not alcohol. Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything.” The cops never sent any of the "vegetative" substances off to the lab for testing.
The DUI was Dismissed.
Jul 29, 2024 Case: 24-CT-501056 Judge Gill
The defendant was involved in a traffics crash whereby his vehicle rolled over upside down. Officers noticed the defendant to have bloodshot/red eyes, slurred/mumbled speech, and he seemed confused. He swayed while he stood, was screaming, and was very insulting. it should be noted that there was no odor of alcohol. Believing he was impaired by drugs, he was offered field sobriety tests to which he refused. He was then arrested for DUI and later refused a urine test and breath test. This was his Second DUI arrest.

Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute, 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything." The State Dismissed the DUI. It should be noted the firm also beat the defendant's first DUI a few years ago as well.

The DUI was dismissed.
Jul 23, 2024 Case: AHFCCAE Judge Lawhorne

The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, bloodshot eyes, disorganized speech, and an unsteady/poor gait. The defendant agreed to perform HGN (eye test) and then refused to do any other roadside tests. She was arrested for DUI and later refused a breath test.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jul 23, 2024 Case: AIU1A7E Judge Lawhorne

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, he swayed while he stood, and had watery eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI.
The firm pointed out to the State that on video his speech was not slurred and he did not sway. In fact, he performed dramatically better on the roadside tests on tape than as described in the police reports.
The State dropped the DUI.
Jul 18, 2024 Case: 21-18001MU10A Judge Diaz

The defendant was involved in a crash with a police officer. The initial officers on the scene smelled an odor of alcohol as well as noticing unsteadiness on his feet. During the crash investigation the officer stated that the defendant's speech was slurred. The defendant was taken to a medical facility where a blood test was provided. The defendant's blood alcohol content was .109.
Parks & Braxton took independent statements of the officers on scene. Each officer acknowledged that it was clear that the officer was at fault in the crash by failing to yield to the defendant who had the right of way. In addition, based on the severe nature of the crash, any observations regarding slurred speech and unsteadiness could have just as easily been a result of the accident as opposed to the consumption of alcohol. Recognizing the issues in the case, the prosecutor agreed to drop the DUI.
The State dropped the DUI.
Jul 17, 2024 Case: 24-CT-017063 Judge Ingram
The defendant was stopped for swerving all over the road, driving too slow, and speeding up. The officer observed an odor of alcohol, bloodshot eyes, and mumbled/slurred speech. Her movements were slow, unsteady, and unsure. She then performed poorly on roadside tests such as the HGN (eye test), finger to nose, and a palm pat. She was arrested for DUI and later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jul 17, 2024 Case: 23-CT-055046 Judge Atkin
The defendant was stopped after he was seen driving the wrong way by police. Officers noticed an odor of alcohol, glassy eyes, and a clumsy demeanor. He was slow exiting he car, walked slow, and swayed while he stood. He refused to perform any field sobriety tests and was arrested for DUI.

The officer who stopped the defendant was a different officer than the one who arrested him. On tape, the DUI cop who got called to the scene went right up to the defendant after a brief conversation with the stopping officer. When he went up to the defendant, he said "I believe you’re under the influence." We pointed out the State that that was ridiculous for him to conclude that when he hadn't even observed him yet or done any investigation. The officer's credibility was called into question and the State Dropped the DUI.
The State dropped the DUI.
Jul 17, 2024 Case: 24-CT-021668 Judge Atkin
A retired cop called 911 stating that the defendant was swerving all over the road and appeared to be an intoxicated driver. A police officer located the defendant and also saw he had two missing side view mirrors. He stopped the defendant and observed an odor of alcohol, slurred speech, unsteadiness, and glassy eyes. The defendant stated that he had drank 6 beers. He performed poorly on roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI and later blew a .153 and .150 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jul 17, 2024 Case: 24-CT-500560 Judge Gill

The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, bloodshot eyes, and thick tongued/slurred speech. He admitted to having drank two to three beers and fumbled with his documents. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .144 and .141 in the breath machine.

After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jul 16, 2024 Case: 23-CT-017165 Judge Gutman
The defendant was stopped for driving without headlights and tailgating. The officer noticed an odor of alcohol, glassy eyes, confusion, and she admitted to having drank alcohol. She then performed HGN, the walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.

The firm pointed out to the State that none of the defendant's normal faculties were impaired. Her field sobriety tests on tape were much better than as described by the officer in his reports. The State Dropped the DUI and the defendant received no probation or penalties other than court costs.
The State dropped the DUI.
Jul 16, 2024 Case: 24-CT-001008 Judge Bagge-Hernandez
The defendant was stopped for weaving all over the road. Specifically, he was speeding, straddling lane markers, and swerving within his lane. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant had a bar wristband on and admitted to having consumed alcohol. According to the officer, he performed poorly on field sobriety tests and was arrested for DUI.
After conversations with the State regarding the evidence and the DUI, the State Dropped the DUI.
The State dropped the DUI.
Jul 16, 2024 Case: 24-CT-500560 Judge Gill
The defendant was stopped for weaving and swerving all over the road. Officers observed an odor of alcohol, thick tongued/slurred speech, bloodshot/glassy eyes, and he admitted to having drank 2-3 beers. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .144 and .141 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State dropped the DUI.
The State dropped the DUI.
Jul 15, 2024 Case: 22-015264MU10A Judge Carpenter-Toye
The defendant was trailering a boat on the highway when he crashed into another vehicle. The other driver observed sluggish movements and contacted the Florida Highway Patrol. Two Troopers arrived on scene and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant was removed from the highway and taken to another nearby location to perform field sobriety tests. The defendant completed the walk and turn, HGN (eye test), as well as the one leg stand. He was subsequently arrested for DUI and provided a breath sample of .097. This was his second offense for DUI.
The video completely contradicted the Troopers' observations. On video, the Troopers turned off their audio and had a private conversation regarding the defendant's performance on the field sobriety tests. While not audible, it was clear that they were discussing the defendant's performance on the tests. At the same time, the defendant stood off in the distance unaccompanied by the police. Clearly, the Troopers were not concerned about the erratic behavior that is typically associated with an intoxicated individual when they left him standing by himself. In addition, while the breath test was above a .08, it was not representative of what the defendant's breath alcohol level was at the time of the crash as required by law. The case was set for trial on the morning of July 15, 2024.
The State dropped the DUI.
Jul 3, 2024 Case: 24-CT-002625 Judge Rich
The defendant was found by a security guard sleeping in his car on the top level of a parking garage. Police were called out. When the officer arrived, the defendant was standing outside of the car with the security guard. The officer noticed an odor of alcohol, slurred speech, and he stated he had consumed a couple of drinks earlier. He then performed various roadside tests and was arrested for DUI. He later blew a .094 and .091 in the breath machine.
Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime. Here, the officer did not observe the defendant driving or in actual physical control when he arrived. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dismissed.
The DUI was dismissed.
Jul 2, 2024 Case: 24-CF-002498 Judge Rice
The defendant was stopped for having an expired tag. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also made conflicting statements about where he was coming from and also wore a wrist band from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .134 and .131 in the breath machine. After his arrest, officer found methamphetamine and he was also charged with a Felony possession.
After several negotiations regarding the evidence and the defendant, the State Dropped the DUI. He also received no felony conviction on the felony charge and no penalties other than court costs.
The State dropped the DUI.
Jun 28, 2024 Case: 24-CT-014152 Judge Silverman
The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, watery/glassy eyes, slurred speech, and he appeared unsteady. The defendant stated he had drank a "few" at the bar. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
On tape, his speech was not slurred and he was not unsteady. In fact, on the walk and turn, he never even stepped off the line for 9 steps up the line or 9 steps back and never raised his arms for balance. On the one leg stand, he never put his foot down during the entire 30 seconds.
The State dropped the DUI.
Jun 28, 2024 Case: 24-CT-015913 Judge Silverman
The defendant was stopped for driving off the road and crossing over the white dotted line several times. The officer noticed and odor of alcohol, glassy/watery eyes, and her speech was slurred and thick tongued. There was vomit on the door jam and the defendant denied having anything to drink. She then performed various roadside tests and was arrested for DUI. She later refused a breath test.
After conversation with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jun 28, 2024 Case: 24-CT-016037 Judge Silverman

The defendant was stopped after being observed crossing over the solid white line in the bike lane and crossing back over the double yellow line. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slow/slurred speech. The defendant stated he had consumed 3 mixed vodka drinks. The defendant was slow to exit the car, slow walking, and swayed while he stood. He then performed various field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test.
After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jun 25, 2024 Case: 24-MM-060106 Judge T. Brown
The defendant was stopped by police for having an obstructed/expired tag. The officer noticed an odor of alcohol, slurred/stuttered speech, and watery/glassy eyes. The defendant admitted to having consumed a "High Noon" and a Tito's vodka. Once out of the car, the defendant appeared unsteady and refused to perform any roadside tests. Multiple open alcoholic containers were later found inside the car. The defendant was arrested for DUI and later refused a breath test.
After conversations with the State regarding the contradictions between the video tape and the police reports, they Dropped the DUI.
The State dropped the DUI.
Jun 20, 2024 Case: 24-CT-002234 Judge Gutman
The defendant was stopped for weaving. Officers observed an odor of alcohol, glassy eyes, and she appeared unsteady. The defendant admitted to having drank a beer. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later refused a breath test.
On tape, the defendant was not unsteady and her speech was normal. She performed better on the field sobriety tests on video than as described in the police reports. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Jun 19, 2024 Case: 22-16194-MM Judge Hessinger
Police boarded the defendant's boat for a safety inspection. They then noticed an odor of alcohol, slow movements, and bloodshot eyes. He then performed various field sobriety tests on the boat, such as the finger to nose, palm pat, hand coordination, and HGN (eye test). He was arrested for Boating Under the Influence and later refused a breath test. He was also charged with Second Refusal as he had a prior refusal and also a prior DUI that was reduced to reckless two years earlier.
The firm announced ready for trial on both charges. We pointed out that on the body worn cameras, not one of the defendant's normal faculties were impaired. In addition, the officer administering the field sobriety tests was reading off an instructional card, while another officer was off to the side was demonstrating. This made them very confusing to follow. In addition, after the four field sobriety tests were done on the boat, the officer still wanted to do more on the dock. The defendant stated he had done enough. It was only then that he was arrested. We pointed out to the State this clearly showed the officer wasn't even sure whether to arrest him after the four exercises. The day before trial, the State Dropped the Boating Under the Influence (BUI) and the defendant received time served (i.e., no penalties) on the refusal charge. It should be noted, the firm got this defendant's last DUI Dropped as well.
The State dropped the DUI.
Jun 13, 2024 Case: 23-CT-008966 Judge M. Green

Calls went out over police dispatch that the defendant was driving the wrong way on the highway. Officers located the defendant's vehicle on the grass median facing in the wrong direction, like she had just pulled over. They observed an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two margaritas and was waiting on friends to pick her up. She performed poorly on roadside tests and was arrested for DUI. As the defendant was taking the breath test, she vomited. After a new 20-minute observation period was confuted and she then blew a .146 and .138 in the breath machine.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 13, 2024 Case: 24-CT-004319 Judge Booras
The defendant was found passed out behind the wheel of his car. The keys were in the ignition. Officers observed an odor of alcohol, vomit on his pants and face, and slurred speech. He stated that he drank some "Long Islands" and swayed while he stood. He performed very poorly on roadside tests such as the one leg stand and walk and turn, then was arrested for DUI. He later blew a .172 and .162 in the breath machine.
Officers need reasonable suspicion of a crime in order to lawfully order someone out of the car when there is no traffic infraction. Here, there was no evidence of any crime (i.e., DUI) since all observations were made once he was outside of the car. For all the cops knew, he could have been just innocently sleeping. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Jun 13, 2024 Case: 24-CT-017750 Judge Farr
The defendant was stopped for weaving. Officer observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. After performing field sobriety tests such as the HGN (eye test), the walk and turn, and the one leg stand, he was arrested for DUI. He later blew a .088 and .085 in the breath machine.
After pointing out that with the .02 margin of error in the machine, the defendant's breath alcohol results could have been under the legal limit. In addition, many written observations in the police reports were contradicted by the body worn camera.
The State dropped the DUI.
Jun 13, 2024 Case: 24-CT-003795 Judge Booras
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and she had glassy/red eyes. The defendant was unsteady exiting her car and swayed while she stood. She agreed to perform the HGN (eye test) and then refused to do any other roadside tests. She was arrested for DUI and later blew a .102 and .099 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 11, 2024 Case: AI9MOYE Judge Lawhorne
A call went out over police dispatch about a fight at a strip club. Call notes advised that a Hispanic male, wearing a grey jacket, was leaving the location in a Gray SUV and a tag number was provided. Police then stopped the defendant who was driving the vehicle in question. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also stated that he had consumed two drinks. He refused to perform roadside tests other than the HGN (eye test) and was arrested for DUI. He later blew a .163 and .163 in the breath machine.
Conversations were had with the State regarding the lawfulness of the traffic stop. Here, there wasn't even a call note that the defendant was the aggressor, victim, or what his involvement was at the very least. The description of the defendant was vague at best (i.e., Hispanic male with grey jacket). It wasn't even known how the initial callers were from the club.
The State dropped the DUI.
Jun 11, 2024 Case: 23-CT-004447 Judge Doyle
A BOLO went out for police that the defendant was unable to maintain his lane of travel. Officers located the defendant in a parking lot and approached his car. They observed an odor of alcohol, thick/slurred speech, and glassy eyes. He appeared disoriented, had a drunk like appearance, and stated he should not be driving due to some mental health issues. The defendant performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jun 6, 2024 Case: 24-CT-000186 Judge Scott
The defendant was found slouched over motionless on the handlebars of his motorcycle on the side of the road. Officers noticed an odor of alcohol, extremely slurred speech, and watery/glassy eyes. The defendant was off balance and admitted to drinking alcohol. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Fifth DUI.

After conversations with the State about the evidence, we pointed out that the defendant was trying to do the right thing by not driving and pulling over to sleep it off. The State Dropped the defendant's Fifth DUI.
The State dropped the DUI.
Jun 5, 2024 Case: 24-CT-014287 Judge Silverman
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant stated he had one drink, exited the car slowly, and also appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .157 and .151 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
May 30, 2024 Case: 23-CT-002901 Judge Gould
The defendant was the at fault driver in a rear end crash. The first officer on scene noticed the defendant to have slow movements and constricted pupils. She stated he seemed "off", groggy, and confused. Another officer was called to the scene to perform field sobriety tests. The defendant then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and HGN (eye test). He was then arrested for DUI. Two vodka bottles were found in the defendant’s trunk. He later refused a breath test. This was the defendant's Third DUI.

Parks & Braxton took pretrial depositions of the officers involved in the case. At depositions, not one officer could state that they smelled any alcohol on the defendant and none could state by what specific drug they thought was impairing the defendant. Thus, there was no reasonable suspicion of a crime to even justify legally requesting roadside tests. In addition, the officer administering the roadside tests came from another jurisdiction. That was in violation of a mutual aid agreement which did not specifically mention that officers from other jurisdictions can do DUI investigations. After conversations with State, they Dropped the defendant's Third DUI.
The State dropped the DUI.
May 30, 2024 Case: AITZMKE Judge Croff
The defendant was stopped after he was observed drifting side to side in his lane and speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and his pupils were dilated. The defendant admitted to having one beer and having smoked marijuana. He performed various roadside tests and was arrested for DUI. Post arrest, a marijuana cigarette was found in his possession. After his arrest, he provided a urine sample which came back from the lab positive for marijuana.

On video, the defendant performed very well on the roadside tests. We pointed out to the State that there was a lack of probable cause to arrest him. After several conversations with the State, they Dropped the DUI.
The State dropped the DUI.
May 30, 2024 Case: A6MGSQE Judge Lawhorne
The defendant was stopped for weaving over the lanes and having a tag not assigned to the specific vehicle. The officer noticed an odor of alcohol, mumbled speech, a flushed face, she fumbled through her documents, and had glassy eyes. She then performed numerous roadside tests such as the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later blew a .155 and .147 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
May 20, 2024 Case: 24-CT-500165 Judge Gill

The defendant was stopped for having no visible taillights and swerving erratically. The officer noticed an odor of alcohol, bloodshot eyes, and heavy tongued/slurred speech. He also fumbled with his wallet and stated he had consumed two beers. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .090 and .088 in the breath machine.
Many of the observations written in the police reports were contradicted by the video tape. In addition, due to a .02 margin of error in the breath machine, we were able to take the defendant's breath alcohol results below the legal limit. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
May 14, 2024 Case: 23-CT-059243 Judge Garagozlo

The defendant ran a stop sign causing him to crash his car into another vehicle and then into a tree. When the officer arrived, the defendant was moving the airbags out of the way and told the officer that he was "coming from the middle east." The officer observed an odor of alcohol, watery eyes, and slurred speech. While outside the car, he was stumbling around and almost fell over while walking. He refused to perform and field sobriety tests and was arrested for DUI. The defendant later refused a breath test.

The defendant had blood stains and also a cut on his elbow from the airbag. We pointed out to the State that the impairment observed could have been as easily from the severity of the crash and the airbags deploying versus alcohol. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
May 14, 2024 Case: 24-CT-000174 Judge Bell
Callers dialed 911 stating that the defendant was driving all over the roadway and that he was going to cause an accident. An officer was waiting on the median and saw the defendant drive by his position. He then pulled out and observed the defendant weaving and conducted a traffic stop. He observed an odor of alcohol, extremely slurred speech, and bloodshot eyes. The defendant was very unsteady and unable to follow simple instructions. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
After conversations with the State regarding the case, the State agreed to Drop the defendant Second DUI.
The State dropped the DUI.
May 8, 2024 Case: 22-010942CF10A Judge Bailey
The defendant was drinking at a bar when another patron offered to give him a ride home. Despite his excessive level of intoxication, the defendant realized that the individual driving the car was going in the wrong direction. An argument subsequently ensued that eventually became physical. The driver pulled into a gas station several miles down the road and exited the car. The defendant then jumped into the driver's seat and tried to get away. The original driver jumped into the passenger side and began to strike the defendant in the face. They subsequently crashed into the gas station. Upon arrival, several officers observed a strong odor of alcohol, bloodshot eyes as well as extremely slurred speech. In addition, the defendant's face was covered in blood. He was arrested for felony DUI third offense as well as Grand Theft Auto. The defendant had a blood alcohol level of .40 (5 times the legal limit) as well as tested positive for cannabis.
Parks & Braxton took the case over for another lawyer and began to piece together a necessity defense. Specifically, Florida law allows an individual to commit a crime if the offense they committed is outweighed by the harm the were trying to avoid. In this case, the defendant jumped into the driver's seat and attempted to drive away in an effort to avoid being physically battered by the owner of the vehicle. Through our investigation it was revealed that the owner of the car had been a boxer for over twenty years. In addition, based on the officers' body worn camera, it was clear that the defendant's facial injuries were not from the crash, but rather from being beaten by the owner of the car. There was clearly no intent to steal the vehicle. In addition, while the defendant was in the driver's seat at the time of the crash, it was merely in an effort to avoid the greater harm of being assaulted. The felonies were all dismissed.
The State dropped the DUI.
May 7, 2024 Case: 23-CT-012492 Judge Farr
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, slurred speech, and fumbling fingers. She also appeared slightly unsteady on her feet. She refused to perform roadside tests and was arrested for DUI. She later refused a breath test.
On video, the defendant's speech was not slurred and she was not unsteady. In fact, none of her normal faculties were impaired. After discussions with the State, they Dropped the DUI, the defendant received no criminal conviction, and no penalties other than court costs.
The State dropped the DUI.
May 6, 2024 Case: 24-CT-011433 Judge Atkin
The defendant was stopped for making a right on red without stopping and following too closely. The officer noticed an odor of alcohol, slurred speech, and he stated he had drank "a couple." His eyes were bloodshot, he fumbled with his documents, and he appeared unsteady. The defendant then performed various roadside tests such as the walk and turn, one leg stand, finger to nose, finger count, and HGN (eye test). He was arrested for DUI and later refused a breath test.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
May 6, 2024 Case: 23-CT-057677 Judge Atkin

The defendant was the at fault driver in a rear end crash in which airbags deployed. When officers arrived, they found the defendant unconscious (sleeping) in the rear back seat of his vehicle. After several attempts to awaken him, they noticed an odor of alcohol, slurred speech, bloodshot eyes, and he was very unsteady. Officers determined that he was the driver as he had seat belt markings from his left shoulder and there was blood on his hands consistent with the blood on the steering wheel. In addition, he had airbag burns on his arms and it was the front driver's side airbag that deployed. After he was confronted with this evidence, he admitted to having been the driver that rear ended the other car. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .148 and .141 in the breath machine.

After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
May 1, 2024 Case: 23-CT-055747 Judge Musselman
The defendant was stopped after leaving a closed park after hours. Officers observed an odor of alcohol, slow speech, and bloodshot eyes. He also swayed, stumbled, and staggered. He performed various roadside tests such as the walk and turn, one leg stand, and count backwards. He was arrested for DUI and later blew a .202 and .202 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
May 1, 2024 Case: 24-CT-0144409 Judge T. Brown
The defendant was found slumped over the wheel of his running car in a turning lane. Officers noticed an odor of alcohol, watery eyes, and slurred speech. His dexterity was fumbled as well. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .149 and .136 in the breath machine.

After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
May 1, 2024 Case: 23-CM-011148 Judge Rich

The defendant crashed his car into a concrete barrier. Upon arrival, officers noticed an odor of alcohol, glassy eyes, and thick-tongued speech. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI.
The State dropped the DUI.
Apr 30, 2024 Case: 23-CT-016778 Judge Farr
The defendant was stopped for driving the wrong way on a one-way street. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a red face, appeared unsteady, and admitted to having consumed alcohol. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Many aspects of the video contradicted the police reports. Her speech was not slurred, she was not unsteady, and was very responsive and coherent. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Apr 30, 2024 Case: 23-CT-016448 Judge Farr

The defendant was stopped for driving erratically. She was swerving all over the road. Officers observed an odor of alcohol, watery/glassy eyes and slurred speech. She then performed various roadside tests such as HGN (eye test), the walk and turn, and one leg stand. She was subsequently arrested for DUI and later blew a .159 and .157 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 29, 2024 Case: 23-CT-503748 Judge Swett
The defendant crashed his truck into a police car while police were on scene blocking off a road for an unrelated traffic crash. Officers observed a faint odor of alcohol, bloodshot eyes, a dazed/blank look, and he appeared sleepy. While outside of the car, he staggered, appeared unsteady, and had slow speech. The defendant agreed to perform the HGN (eye test) and then refused to perform any other roadside tests. He told the officers to "just arrest him." They did arrest him for DUI and he later refused a breath test.
On tape, the defendant was not unsteady, did not stagger, and his speech appeared normal. It was obvious from the tapes that the police arrested him for DUI because they were angry about the crash. After conversations with the State regarding the evidence, the State Dropped the DUI.
The State dropped the DUI.
Apr 25, 2024 Case: 24-CT-500229 Judge Paluck
The defendant ran a stop sign at an intersection and T-boned another car. An off-duty firefighter witnessed the accident. When officers arrived, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had an unsteady gait and his coordination was poor. He then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI. Believing he was also impaired by drugs, a DRE (drug recognition exam) was conducted.

There were many conflicts between the video tape, the DRE report, and the police reports. After conversations with the State about the evidence, they Dismissed the DUI.
The DUI was dismissed.
Apr 25, 2024 Case: 23-CT-006276 Judge Curington

The defendant was stopped for weaving and drifting over the lanes of travel, driving on the lane itself, and also on fog line multiple times. The officer observed an odor of alcohol. He appeared jittery, had slow reflexes, and had slurred speech. He also had a sway to his stance and fumbled for his door latch. He refused to perform any field sobriety tests and was arrested for DUI. The defendant subsequently refused a breath test.
On video tape, his speech was not slurred, he did not appear jittery, did not sway, and exhibited normal reflexes. Furthermore, the officer told him upon stopping him that he recorded a large portion of the driving pattern. That was not true and no driving pattern was on any video tape. The State Dropped the DUI and he received no conviction on his record.
The State dropped the DUI.
Apr 25, 2024 Case: AI9MO8E Judge Lawhorne
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he appeared drowsy. He had a dazed expression, was unsteady, and staggered as he walked. He then performed various field sobriety tests such as HGN (eye test), the walk and turn, one leg stand, and finger to nose. He was arrested for DUI and later refused a breath test.

After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Apr 24, 2024 Case: 23-CF-011181 Judge Fuson

The defendant was found passed out in his car by police in a lane of travel. There was no odor of alcohol, but officers, upon awakening him, noticed slurred speech, he kept nodding off, and appeared disoriented. He had bloodshot eyes, was unsteady, and swayed while he stood. Believing he was impaired by drugs, the officers requested him to perform field sobriety tests. He performed very poorly on the walk and turn and one leg stand exercises and was arrested for DUI. He later submitted to a DRE (drug recognition exam) and he also refused to provide a urine sample. Post arrest, drugs were found in the defendant's wallet. Those drugs tested positive for illegal controlled substances and he was also charged with two felony possession charges.

After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI, Dismissed one felony, and he received No Felony Conviction on the other felony.
The State dropped the DUI.
Apr 24, 2024 Case: 24-CT-011445 Judge T. Brown
The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, bloodshot/watery eyes, a flushed face, and slow/slurred speech. He was slow to exit the car, swayed while standing, and all his movements were sluggish. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
On video tape, the defendant's speech was normal, he never swayed, and none of his movements were slow or sluggish. After conversations with the State about the conflicts between the video tape the police reports, they Dropped the DUI to a Civil Carless Driving infraction.
The State dropped the DUI.
Apr 23, 2024 Case: 23-CT-018142 Judge Farr
The defendant was stopped for speeding, driving in between two lanes, and weaving. The officer noticed an odor of alcohol, slurred speech, a dazed/blank stare, and fumbling fingers. He also had confusion, poor balance, and a tired appearance. He performed poorly on various field sobriety tests and was arrested for DUI. He later refused a breath test.
After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 23, 2024 Case: 23-CT-017599 Judge Gutman
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, slurred speech, difficulty giving his attention, and he appeared unsteady. The defendant admitted to consuming 4 beers and also fumbled with his items. He then performed various roadside tests and was arrested for DUI. He later blew a .096 and .092 in the breath machine.
After pointing out the .02 margin of error in the breath machine to the State, we were able to place the defendant's breath test results under the legal limit.

The State dropped the DUI.
Apr 23, 2024 Case: 23-CT-014236 Judge Scott
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady on her feet and admitted to having drank two beers. She refused to perform any field sobriety tests and was arrested for DUI. The defendant agreed to take a breath test but was not blowing properly so the officer called it a refusal. This was the defendant's Second DUI.
On tape, the defendant was not unsteady and her speech was normal. After negotiations with the State, they Dropped her Second DUI.
The State dropped the DUI.
Apr 23, 2024 Case: 23-CT-016771 Judge Gutman
The defendant was stopped for driving westbound in the east bound lane. The officer noticed an odor of alcohol, glassy eyes, and slow moments. He displayed confusion, admitted to having 7 drinks (then changed it to a couple), and also appeared unsteady. He performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .124 and .122 in the breath machine.

After conversations with the defendant regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 17, 2024 Case: 24-CT-000699 Judge Taylor
The defendant was stopped for failing to stop while making a right turn on red, weaving, and speeding. The officer noticed an odor of alcohol, slurred speech, sluggish reflexes, bloodshot eyes, and he also swayed while he stood. The defendant then performed roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was subsequently arrested for DUI and later refused a breath test.
The video contradicted the police reports. On tape, his speech was normal, he did not sway, and did not move sluggishly. He also performed much better on the field sobriety tests on video than as described in the police reports.
The State dropped the DUI.
Apr 17, 2024 Case: 23-CT-003464 Judge Burns
The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was arrested for DUI and later blew a .151 and .148 in the breath machine.
After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Apr 16, 2024 Case: 23-006139MU10A Judge Lerner-Wren
The defendant was initially observed driving 12MPH in a 35MPH zone. The defendant crossed over the fog line on three separate occasions nearly striking the curb. The officer attempted to stop the defendant with lights and sirens, but the defendant failed to timely react. The defendant eventually came to a stop. The officer came to the window and observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The officer testified that the defendant struggled with his fine motor skills. The defendant stated he drank 3 beers. He refused to perform any field sobriety tests and was arrested for DUI. He subsequently refused a breath test as well. This was the defendant's 2nd offense for DUI.
Parks & Braxton filed a motion to suppress alleging that there was no legal basis to stop and detain the defendant. At the hearing, the officer testified to the above facts. The prosecutor argued that the defendant was lawfully stopped for a traffic infraction. In addition, the prosecutor argued that the officer had a good faith basis to believe that the defendant was sick or injured, and therefore justified in stopping the defendant to check on his wellbeing. On cross examination the officer acknowledged that he never called for a paramedic and never concluded that the defendant might be ill or injured. In addition, the officer wrote a citation for failure to maintain a single lane and testified that the weaving was the basis for the stop. Counsel provided caselaw to the Judge which stood for the proposition that you cannot stop a vehicle for weaving if no other traffic is affected. The Court agreed, and granted the motion. All of the evidence was excluded and the case was dismissed.
The DUI was dismissed.
Apr 16, 2024 Case: 23-CT-502346 Judge Swett
The defendant was driving eastbound in the westbound lane of travel. Other cars had to take evasive action to avoid a collision. Officers noticed an odor of alcohol, slurred speech, and glossy eyes. The defendant stated he had 2 shots. He performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
After negotiations regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 16, 2024 Case: 23-CT-502825 Judge Swett
The defendant was involved in a one car rollover crash. When EMS and police arrived, they found the car was upside down. He had to be extracted from the car and was placed onto a stretcher. He was then put inside the ambulance. While inside the ambulance, police spoke with him and detected an odor of alcohol, watery eyes, slurred speech, and he seemed confused. He was taken out of the ambulance and asked to submit to field sobriety tests. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. The defendant later refused a breath test. This was the defendant's fourth or fifth DUI.

The entire investigation was captured on body won camera. The officer wrote that they smelled alcohol inside the ambulance, yet on body worn camera (BWC), the officer can be heard coming out of the ambulance stating, "I cannot smell anything." No one even ever asked the defendant if he had drank that night. In addition, the defendant told them he had knee issues, hip issues, toe issues, and was just upside down in a rollover crash, yet the officers still had him stand on one leg and walk a line. Also, it was evident on tape that the officer conducting the roadside tests was brand new and being trained. Thus, this was a training exercise and the defendant was the guinea pig. After discussions with the State, they Dropped the DUI at trial call.
The State dropped the DUI.
Apr 9, 2024 Case: 23-CT-011805 Judge Farr
The defendant was stopped for running a red light. Officers observed an odor of alcohol, slurred speech, and glassy/watery eyes. He also admitted to having done "shots" of alcohol. After performing various roadside tests such as HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He later blew a .189 and .186 in the breath machine.

After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Apr 9, 2024 Case: 23-CT-011790 Judge Farr

The defendant was stopped for speeding and weaving all over the road. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. He also had slow movements. The defendant performed roadside tests such as the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. The defendant had a CDL license at the time of arrest.
We pointed out to the State, that on video tape, he performed much better on the field sobriety tests than was written in the police reports. The reports clearly overexaggerated his level of impairment. In addition, on tape, his speech was not slurred and his movements were not slow.
The State dropped the DUI.
Apr 3, 2024 Case: 23-CT-010802 Judge Gutman
The defendant was found by police with his car stuck up against a tree. Officers noticed an odor of alcohol, very slurred speech, unsteadiness, and bloodshot/watery eyes. The defendant stated he had drank 4 to 5 beers and smokes as much weed as he can. His responses to the officer's questions were nonresponsive and made no sense. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 3, 2024 Case: 23-CT-012799 Judge Gutman
Police were called to a gas station for a person down call. Callers advised the defendant was crouched over in his car and unresponsive. Officers arrived and found the defendant unconscious in the driver's seat. They had to use sternum rubs to awaken him. They noticed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, disoriented, and unaware of everything that was happening. He refused to perform roadside tests and was arrested for DUI. The defendant subsequently refused a breath test.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 28, 2024 Case: AHPG4VE Judge Vaccaro
The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a dazed look. He also swayed while he stood and had bloodshot eyes. He performed the HGN (eye test), walk and turn and one leg stand exercises. He was then arrested and later refused a beath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.
Mar 28, 2024 Case: AI9MLZE Judge Lawhorne

The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, he was nervous and shaking, had bloodshot eyes, and he admitted to having drank vodka and smoked pot. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
On tape, the defendant performed better on the field sobriety tests than as written in the reports. Also, his speech was not slurred and he was not off balance prior to any roadside tests. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Mar 28, 2024 Case: AI9MM8E Judge Lawhorne
The defendant was stopped for weaving back and forth and speeding. The officer noticed an odor of alcohol, watery eyes, and he had depressed reflexes. He staggered, had mumbling speech, and also swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 28, 2024 Case: AI9MN9E Judge Lawhorne
The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and glassy/watery eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .094 and .090 in the breath machine.
We pointed out to the State that due to the .02 margin of error in the breath machine, both the defendant's breath samples could have been under the legal limit. In addition, on tape, the defendant's speech was not slurred, he walked normally, stood without swaying, was responsive and coherent, and in totality did not appear impaired. After conversations the with State, they Dropped the DUI.
The State dropped the DUI.
Mar 26, 2024 Case: 23-CT-020078 Judge Damico
The defendant was stopped after she was observed by police driving in the bicycle lane and came to an abrupt stop less than a foot from a police car. The officer noticed an odor of alcohol, slurred speech, and open alcohol cans in the car. She performed various field sobriety tests such as the alphabet, estimation of 30 seconds, and walk and turn. She was subsequently arrested for DUI and later blew a .141 and .138.

After several conversations with the State about the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Mar 19, 2024 Case: 23-CT-055650 Judge Ingram
The defendant crashed her car into a concrete barrier. She then fled the scene running into the woods. Officers observed a tall glass bottle of tequila on the defendant's passenger floorboard of her abandoned car. About an hour after the crash, the defendant was found by police, a helicopter, and K-9 units hiding in the woods. She had scratches all over, slurred speech, glassy eyes, and droopy eyelids. She was arrested for leaving the scene of an accident and transported to the hospital. In the hospital parking lot, she refused to perform field sobriety tests and then received a DUI charge. She later refused a breath test.
Under Florida law, for the State to convict one of DUI pursuant to Florida Statute 316.193, they must prove that the defendant was under the influence and impaired by either alcohol, a chemical and/or controlled substance. Here, there was no odor of alcohol, no statements about drinking or taking drugs, and no breath or urine test. One cannot simply be impaired by "something." In addition, officers are heard on body worn camera that they don't think they have "enough" to charge her with DUI and only enough evidence to charge her with leaving the scene of an accident. Yet they still arrested her for a DUI. After conversations the with prosecutor, the State Dismissed the DUI.
The DUI was dismissed.
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