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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.
May 4, 2023 Case: 22-CT-016008 Judge Rich
The defendant was stopped for speeding. The officer observed an odor of alcohol, red/watery eyes, and her movements were slow and lethargic. Once out of the car, her balance was unsteady and she admitted to having drank Margaritas. After performing several roadside tests such as the HGN (eye test), walk and turn, and one leg stand, she was arrested for DUI. She later blew a .146 and .142 in the breath machine.
After several negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
May 4, 2023 Case: 22-CT-016837 Judge Rich
The defendant was stopped for driving slower than other cars, swerving, and almost striking another car. Officers noticed an odor of alcohol, slurred speech, and glassy/watery eyes. The defendant stated she was coming from a Christmas party. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused to take a breath test.
On tape, her speech was not slurred and she was not off balance or unsteady. It was simply the officer asking if she would perform roadside tests and her saying no. There was a lack of probable cause to arrest her based on the video.
The State dropped the DUI.
May 1, 2023 Case: 22-CF-09338 Judge Siracusa
The defendant was the at fault driver in a crash whereby he made a turn and struck another car head on. When officers arrived, they noticed an odor of alcohol, the defendant admitted to having smoked pot in the morning, the defendant was unsteady on his feet, and he had bloodshot/glassy eyes. He then performed various roadside tests such as HGN (eye test), walk and turn, and the one leg stand. He was then arrested for DUI. Believing he was impaired by the marijuana, a urine test was requested. The defendant compiled and it came back from the lab positive for marijuana. The defendant was charged with Felony DUI due this being his Fourth offense.
There were numerous inconsistencies between the police reports and the video tape. The officer's reports exaggerated the defendant's level of impairment on the observations, as well as the field sobriety tests. In addition, there was no odor of marijuana or marijuana found. The officer, while doing HGN (eye test), noticed nystagmus in the defendant's eyes and other cues on HGN. However, if one is under the influence of marijuana, there should be no cues detected on HGN per the DRE manual (drug recognition expert). Thus, the officer was wrong. The State Dropped the defendant's Fourth Felony DUI.
The State dropped the DUI.
Apr 27, 2023 Case: AGOTJ7E Judge Lawhorne

The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and the defendant admitted to having consumed beer. After performing various roadside tests such as the walk and turn, finger to nose, and one leg stand, he was arrested for DUI. This was the defendant's second DUI arrest.
On tape, the defendant's speech was normal, he stood ok, walked ok, and his roadside tests were much better than the exaggerated reports. The firm pointed out to the State that there was a lack of probable cause to arrest him for DUI. The State agreed and Dropped the DUI.
The State dropped the DUI.
Apr 26, 2023 Case: 22-CT-010056 Judge Scott
Police received a call about a reckless driver (i.e. the defendant). Officers spotted the car and approached him in a Wendy's parking lot. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated he had drank 4 beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .154 and .154 in the breath machine.
The firm raised issues about the initial encounter and seizure of the defendant as there was no corroboration of the driving pattern. After conversations with the State, they dropped the DUI.
The State dropped the DUI.
Apr 25, 2023 Case: 22-CT-012099 Judge Taylor
The defendant was stopped for erratic braking and swerving. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He then performed various field sobriety tests and was arrested for DUI. He later blew a .129 and .120 in the breath machine.

The firm raised issues as to the lawfulness of the traffic stop due to a vagueness of specifics.
The State dropped the DUI.
Apr 21, 2023 Case: 22-CT-004197 Judge Sanders-Morency
The defendant crashed her car into a fence and then ended up hitting a parked car. Officers noticed an odor of alcohol, unsteadiness, glassy eyes, and slurred speech. She then performed various roadside tests and was arrested for DUI. She later blew a .083 and .081 in the breath machine.
Due to the .02 margin of error the breath machine, the firm was able to place the defendant's breath alcohol level below the legal limit. Also, due to various contradictions between the reports and the video tape, the State Dropped the DUI.
The State dropped the DUI.
Apr 19, 2023 Case: A85U2TE Judge Garcia-Priovolos
The defendant crashed his car into a tree. When officers arrived, they noticed an odor of alcohol, a flushed face, and confused/low speech. His pupils were dilated, had bloodshot eyes, and he appeared sleepy. He then performed various field sobriety tests and was arrested for DUI. He later refused a chemical test.
The firm announced ready for trial. Prior to trial, the firm pointed out that almost every observation written in the police reports were contradicted by the body worn cameras.
The State dropped the DUI.
Apr 19, 2023 Case: 22-CT-056199 Judge Atkin

The defendant was stopped for speeding and failing to maintain a single lane. Officers observed an odor of alcohol, slow/slurred speech, and his movements were lethargic. He swayed while he stood and told the officer he had consumed thirteen (13) beers. He refused to perform roadside 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 19, 2023 Case: 23-CT-012183 Judge Atkin
The defendant was stopped for speeding and crossing outside the lanes multiple times. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He was slow to exit the car, his movements were lethargic, and he walked slowly. After performing poorly on roadside tasks, he was arrested for DUI. He later blew a .155 and .155 in the breath machine.
After negotiations with prosecutor, the State Dropped the DUI.
The State dropped the DUI.
Apr 19, 2023 Case: 22-CT-026918 Judge Atkin
The defendant was the at fault driver in a crash after running a red light and striking another car. When officers arrived, the defendant tried to leave the scene of the accident, but was stopped by the police. There was no odor of alcohol, however, the defendant appeared confused, disoriented, and her speech was incoherent on tape. She also needed help to walk, almost fell over, and staggered. Believing she was impaired by drugs, she was asked to perform field sobriety tests and later was arrested for DUI. She later refused a urine test.
In order to prove DUI under Florida Statute 316.193, the State must prove that a defendant was impaired by a specific chemical and/or controlled substance and/or alcohol. Here, there was no alcohol involved. The State could not prove the DUI as there were no statements made by the defendant about specific drugs taken, no urine test, and no drugs found. One cannot simply be impaired by "something" to be convicted of DUI.
The DUI was dismissed.
Apr 18, 2023 Case: 22-CT-015359 Judge Gutman
The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol and he appeared confused. The defendant then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI. Believing he was also under the influence of drugs along with alcohol, the officer requested a urine test. The urine later revealed results from FDLE for amphetamines and marijuana.
The officer had the defendant do the roadsides on the side of the highway with cars and trucks flying by. Also, he had him do the walk and turn on a huge slant (not a level surface as required by NHTSA). In addition, it was so loud that the officer can be heard yelling instructions. Also, on tape the defendant's speech appeared normal and he was not off balance. The State Dropped the DUI and he received no criminal conviction.
The State dropped the DUI.
Apr 14, 2023 Case: 22-CT-020977 Judge Bristow
The defendant crashed his car into a gate at a housing community. He then left the scene and was located at a different location. Officers noticed an odor of alcohol, glossy eyes, and he looked visibly confused. His speech was slurred speech and swayed while walking. He then performed various roadside tests and was arrested for DUI and Leaving the Scene of an Accident. The defendant subsequently refused a breath test.

There were numerous contradictions in the two officer's reports. For example, the first officer noticed slurred speech and no sway. On the other hand, the arresting officer noticed a sway and normal speech (not slurred). After conversations with the prosecutor, they agreed to Drop the DUI and dismiss the leaving the scene of an accident charge.
The State dropped the DUI.
Apr 13, 2023 Case: 22-CT-016569 Judge Gutman
The defendant was stopped for driving with no lights after sunset and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, unstable balance, and he admitted to having drank beer. After performing several roadside tests, he was arrested for DUI. He later refused the breath test.
After several negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 13, 2023 Case: 23-CT-000497 Judge Christine
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred/thick tongued speech. He also was slow to respond to questions from the officer. After performing several roadside tasks such as the HGN (eye test), walk and turn, one leg stand, finger to nose, and estimation of time, he was arrested for DUI. He later refused a breath test and this was the defendant's Second DUI.
After speaking to the prosecutor and pointing out numerous inconsistencies between the reports and the video, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Apr 5, 2023 Case: 22-CT-011795 Judge Taylor
The defendant was stopped for weaving. Officers observed an odor of marijuana, bloodshot eyes, and slurred speech. Her movements were slow and lethargic. The defendant refused to perform field sobriety tests and was arrested for DUI. She later provided a urine test. Results from FDLE were positive for marijuana.
On tape, the officer told the defendant that he smelled pot coming from the car. The defendant stated it was her passenger. The defendant denied smoking and pot can be in your system for 30 days.
The State dropped the DUI.
Apr 4, 2023 Case: 22-CT-015471 Judge Farr
The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed and had difficulty focusing on basic questions. The defendant refused to participate in field sobriety tests and was arrested for DUI. He later refused a breath test.

The video contradicted the police reports. On tape, his speech was not slurred and he was not off-balance (never swayed).
The State dropped the DUI.
Mar 29, 2023 Case: 22-CT-054860 Judge Musselman
The defendant was stopped for making a slow turn, driving more than ten miles under the speed limit, and driving onto the fog line at multiple points. The officer observed an odor of alcohol, slurred speech, and repetitive statements. He appeared unsure, clumsy and confused. He then performed various field sobriety tests and was arrested for DUI. He later blew a .146 and .145 in the breath machine.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.
Mar 29, 2023 Case: 22-CT-016210 Judge Taylor
The defendant was stopped for driving with no lights. The officer noticed an odor of alcohol, red/glassy eyes, and slurred speech. The defendant stated he had drank two beers. The officer smelled vomit on the defendant's shirt. He then performed numerous field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI and later blew a .163 and .157 in the breath machine.
After negotiating with the State about the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Mar 29, 2023 Case: 22-CT-057295 Judge Jacobus
The defendant was observed traveling in both lanes of travel with no lights. She was also crossing the over the solid yellow lines multiple times. Officers noticed an odor of alcohol, watery eyes, and a flushed face. She also had slurred speech and her movements were clumsy. After performing various roadside tests, she was arrested for DUI. She later blew a .200 and .192 in the breath machine.
The defendant did not speak any English. There were numerous miscommunications throughout the DUI investigation. After pointing out all of the miscommunications to the State, they Dropped the DUI.
The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500131 Judge Gagliardi
The defendant was found passed out in his car after crashing into a fence and ending up in a ditch. The car was facing southbound in the northbound direction. The window had to be broken to gain access. Officers observed the defendant with agonal breathing and was unconscious. EMS arrived on scene and began to administer Narcan. The defendant was awakened and then transported to the hospital. The defendant's speech was slurred and his pupils were dilated. He admitted to having taken muscle relaxers, other controlled substances, and some unknown white pill. The defendant was charged with DUI. Records later revealed the presence of controlled substances.

The various medications found in the defendant's system were prescribed. We pointed out to the State that he had a bad reaction to the doctor's mixing various medications through no fault of his own.
The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500975 Judge Gagliardi
Citizens dialed 911 stating that the defendant was failing to maintain her lane. Officers observed the defendant exit a parking lot without stopping and she failed to yield. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant refused to do roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.

There were three 911 calls. Oddly enough, one of the calls stated that they had no idea why police were pulling the defendant over as she did nothing wrong. This was immediately pointed out to the prosecutor. Also, although the stopping officer had a dash camera, it was never turned on for some unknown reason during the traffic stop to capture any alleged driving. Also, when a defendant refuses roadside tests, officers must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer didn't give any consequences. In addition, the officers were very aggressive and rude towards the defendant on the body worn cameras for no reason. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Mar 28, 2023 Case: A6SA7IE Judge Hessinger
The defendant was stopped for swerving after callers dialed 911 stating that the defendant was driving recklessly. Officers observed an odor of alcohol, the defendant admitted to having drank one beer, and he also had glassy eyes. The defendant refused to exit the car after multiple commands. He was then arrested for resisting an officer without violence. At the station, he was asked to perform field sobriety tests. The defendant agreed to perform only HGN (eye test), and then refused to perform further roadside exercises. He was then charged with DUI. He later refused a breath test.
The firm raised issues regarding the lack of evidence to charge the defendant with DUI. In other words, a lack of probable cause. The State Dropped the DUI and he received no conviction on the resisting charge.
The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500997 Judge Gagliardi
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. Her face was red and she had trouble retrieving her documents. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
There was doubt as to whether there was even probable cause to arrest the defendant. On tape, we pointed out to the State that the officer can be heard on the body worn camera stating I think you "might" be impaired. We pointed out that defendant's normal faculties weren't impaired and on tape her speech was normal. The State agreed and Dropped the DUI.
The State dropped the DUI.
Mar 28, 2023 Case: AFWDCQE Judge Lawhorne
The defendant was stopped for speeding. The defendant had an odor of alcohol, a flushed face, was fumbling around, and slow in her actions. The defendant's speech was stuttered and she admitted to having drank White Claws. She performed poorly on roadside tests such as the walk and turn, finger to nose, and one leg stand. She was arrested for DUI and later blew a .146 and .139 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.
Mar 28, 2023 Case: 22-CT-501323 Judge Gagliardi
The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and thick tongued/slow speech. He also had an uneven walk and an odor of marijuana was also detected. He then performed the HGN (eye test) and refused to perform any further roadside tests. He was the arrested for DUI and later refused a breath test.

The written reports made the defendant out to seem very impaired. That was contradicted by the videotape evidence.
The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-014179 Judge Conrad
The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .153 and .150 in the breath machine.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-000099 Judge Conrad
Officers stopped the defendant after they received a call about a domestic disturbance. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also appeared drowsy, was sweating profusely and had droopy eyelids. He then performed various roadside tests and was arrested for DUI. He later blew a .147 and .136 in the breath machine.
The lawfulness of the traffic stop was called into question. There were no corroborating facts other than a call about a "domestic disturbance" to justify the traffic stop.
The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-008993 Judge Conrad
The defendant stumbled out of her car while officers were investigating a traffic crash. They went up to the defendant and noticed an odor of alcohol. She was unsure how much alcohol she had consumed and had glossy eyes. Her speech was slurred and she couldn't stand up straight without falling. She performed very poorly on roadside tests and was arrested for DUI. She later blew a .151 and .146 in the breath machine.
After several talks with the prosecutor about the facts and the defendant, they Dropped the DUI.
The State dropped the DUI.
Mar 24, 2023 Case: 22-CT-018414 Judge Zuckerman
The defendant was the at fault driver in a rear end crash involving three other cars. Officers noticed the defendant to have an odor of alcohol, red/watery eyes and he was inattentive at times. He also admitted to having drank wine. Due to a physical disability, the defendant performed nonphysical field sobriety tests such as HGN (eye test), ABC's, hand coordination, and the palm pat. The defendant told the officer about a medical condition so the officer, on his own without consulting the jail, decided to ask for a blood test, rather than arresting the defendant and taking him to jail. The defendant agreed and the blood alcohol results later revealed a BAC of .084 and .084 (just over the legal limit). He was then charged with DUI.
When an officer requests blood outside a hospital and there is no death or serious bodily injury to another, the officer must advise the defendant that it is being offered as an alternative to a breath or urine test. Here, the officer did not. In addition, the blood was coerced as the officer told the defendant that if he provided blood, he would not go to jail, so of course the defendant agreed. Thus, the blood was not taken voluntarily. The State agreed that the blood test was unlawfully taken and they Dropped the DUI.
The State dropped the DUI.
Mar 23, 2023 Case: 22-CF-012829 Judge Goudie
The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol and bloodshot/glassy eyes. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. In a search incident to arrest, cocaine was found and he was also charged with Felony Possession.
Under Florida law, when a defendant refuses to perform field sobriety tests, a defendant must be warned of adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer did not advise the defendant of any adverse consequences. Thus, the refusal would have been excluded. The State Dropped the DUI and the defendant received no criminal conviction on the Felony charge and no additional penalties.
The State dropped the DUI.
Mar 22, 2023 Case: 22-CT-055110 Judge Silverman
The defendant was stopped for driving under the speed limit, intermittently pressing his brakes, and swerving across the double yellow lines. The officer noticed an odor alcohol, glassy eyes, and slurred speech. He swayed while he stood and had fumbled dexterity. When asked for his driver's license, he gave a debit card. The defendant stated he had drank 4 beers. After performing field sobriety tests, he was arrested for DUI. He later refused a breath test.
After several conversations with the prosecutor about the evidence and the defendant himself, the State Dropped the DUI.
The State dropped the DUI.
Mar 22, 2023 Case: 22-CT-049517 Judge Silverman
A store clerk had called the police regarding and intoxicated person seated inside of a double parked car. Police had received a call earlier about the same car driving recklessly and almost crashing into a ditch. When officers arrived, they observed the car double parked. The defendant was awoken and the officer noticed an odor of alcohol, watery eyes, and slurred/mumbled speech. She also had changing emotions. She performed poorly on roadside tests and was arrested for DUI. She later blew a .167 and .167 in the breath machine.
The State could not prove she was in actual physical control. They could not prove she had the "capability" to operate the car as she was not only sleeping, but the keys were in her purse. The State Dropped the DUI and she received No Conviction on her record.
The State dropped the DUI.
Mar 17, 2023 Case: 21-003075MU10A Judge Francois
The defendant was stopped for speeding as well as making a right turn on a red light without stopping. In the police reports, the officer indicated that he observed a series of DUI observations including a strong odor of alcohol, bloodshot eyes as well as slurred speech. Several officers stated that the defendant began threatening to kill law enforcement and exhibited extremely violent behavior. The defendant was subsequently placed in cuffs and arrested for DUI. He later refused to submit to a breath test.

The video was clearly much different from the reports. Specifically, the police body worn camera shows four different officers pulling the defendant over at gunpoint. They immediately cuffed him. Parks and Braxton filed a motion to suppress based on the fact that the officers violated the defendant's constitutional rights by pulling him over at gunpoint for a traffic infraction. The state conceded the merits of the motion and subsequently dropped the DUI. The defendant received no conviction on his record.
The State dropped the DUI.
Mar 15, 2023 Case: 22-CF-011292 Judge Kiser
The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, bloodshot/watery eyes, and a wristband form a club. He then performed various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn. He was then arrested for DUI. He later blew a .091 and .084 in the breath machine. In addition, in a search incident to arrest, officers found cocaine and he was also charged with Possession of Cocaine.
The firm pointed out to the State that due to the .02 margin of error, both breath test results could have been under the legal limit. The State agreed and Dropped the DUI. In addition, the defendant received no conviction or penalties on the Felony Possession charge.
The State dropped the DUI.
Mar 15, 2023 Case: 22-CT-003855 Judge Dekleva
The defendant was stopped for almost causing a head on collision and straddling lane markers. Officers noticed an odor of alcohol and a strong odor of marijuana. He also had bloodshot/glassy eyes, slow movements, and he stated he had consumed two drinks. He then performed various roadside tests and was arrested for DUI. He then blew a .151 and .141 in the breath machine.
After several conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Mar 13, 2023 Case: 22-CT-052380 Judge Garagozlo
The defendant was on his way to attempt to help a female friend involved in an active domestic violence situation. He was on his way to help her get away from the aggressor (her boyfriend). For some unknown reason, police stopped the defendant at gunpoint because they thought he was the aggressor in the domestic dispute. They conducted a felony stop. Officers noticed an odor of alcohol, red/glassy eyes, and mumbled/slurred speech. A bottle of tequila was also found. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Parks & Braxton pulled the police reports from the separate domestic violence case. We then got them over to the prosecutor to show our client was not the aggressor in the domestic and never should have been stopped at all, nonetheless at gunpoint. The State agreed and Dismissed the DUI.
The DUI was dismissed.
Mar 8, 2023 Case: 22-CT-052308 Judge Garagozlo
The defendant was stopped for speeding and crossing over the dotted lines. Officers noticed an odor of alcohol and burnt marijuana, red/glassy eyes, she appeared unsteady, and admitted to having consumed 3 alcoholic beverages and to smoking pot. She performed poorly on roadside tests. For example, she was asked to count backwards from 69 to 42 and she counted back to zero. She was arrested for DUI and later refused both breath and urine tests.
After several conversations with the State about the evidence and the defendant herself, the State Dropped the DUI.
The State dropped the DUI.
Mar 8, 2023 Case: 22-CT-047985 Judge Jacobus
The defendant was stopped for speeding. Upon contact, the officer observed an odor of alcohol, glassy eyes, a clumsy dexterity, and unprompted agitation. The defendant denied having anything to drink. He then performed various field sobriety tests and was arrested for DUI. He later blew a .155 and .151 in the breath machine.
After negotiations with the State regarding the evidence, the State Dropped the DUI.
The State dropped the DUI.
Mar 8, 2023 Case: 22-CT-046295 Judge Jacobus

The defendant was stopped for bouncing from the center lane to the fog line and her speeds were varying. Officers noticed an odor of alcohol and watery eyes. She then performed the HGN (eye test), began the walk and turn, and then stopped. She refused to finish the exercise, nor do any further tests. She was then arrested for DUI and later refused a breath test.
Issues were raised by the firm as to a lack of probable cause to arrest.
The State dropped the DUI.
Mar 8, 2023 Case: 22-CT-052327 Judge Garagozlo
The defendant was stopped for speeding. Officers observed blood shot eyes, unable to maintain balance, and mumbling/slurred speech. Her movements were slow and she swayed while she stood. There was no odor of alcohol. Believing she was impaired by drugs, she was then asked to perform various field sobriety tests to which she complied. She was then arrested for DUI and later refused both breath and urine tests.
Under Florida law, to prove a DUI under Florida Statute 316.193, a person must be under the influence of either alcohol, and/or a chemical substance as specified in chapter 877 of the Florida Statutes, and/or a controlled substance as specified in chapter 893 of the Florida Statutes. Here, there was no odor of alcohol, no alcohol found, no statements about drinking, and no breath test. In addition, there were no drugs found, no urine test, nor did the defendant admit to taking any drugs. A person cannot be convicted of DUI simply because one appears impaired by "something." It must be one or a combination of the above in 316.193. After speaking with prosecutor and pointing out the issue, the State agreed that they could not prove the case and Dismissed the DUI.
The DUI was dismissed.
Mar 7, 2023 Case: 22-007592MU10A Judge Levy

The defendant was attempting to leave a parking lot and subsequently struck two vehicles. The crash was witnessed by three officers who were working a detail at a bar. The officers ran towards the defendant and noticed that she was attempting to leave the scene. They immediately stopped the vehicle and made contact with the driver. The lead investigator asked her why she was attempting to leave the scene of a crash. The driver stated that she was not involved in an accident. The officers all observed an extremely strong odor of alcohol, bloodshot eyes as well as slurred speech. They asked the defendant to exit the vehicle, but she was unable to stand on her own and was placed back into the car. One of the officers located the owners of the two vehicles that were struck in the accident and brought them to the crash scene. In court, one of the owners stated that the defendant was extremely uncooperative and could not stand on her own. The defendant was eventually asked to perform field sobriety tests to which she refused. She stated that she was not in an accident and not "drunk." She was subsequently asked to provide a breath test and was arrested for DUI. The defendant blew a .168 at the police station and subsequently refused to provide a second sample of her breath.
In order to request a breath test a person must first be placed under lawful arrest for DUI. In this case, Parks & Braxton filed a motion to exclude the breath test and subsequent refusal based on the fact that the request for a breath test was made before the arrest for DUI. In court the officer testified that while his initial request for a breath sample was prior to arrest, he stated that he asked for a breath test again after the defendant was placed under arrest. On cross-examination the officer admitted that he did not actually request a breath test a second time after arrest. Rather, the officer admitted that the defendant stated in the car that she was willing to do whatever it took to go home. He then testified that he drove her straight to the police station to acquire a sample of her breath. Parks & Braxton successfully argued that by his actions the officer led the defendant to believe that she would go home if she provided a breath test. In addition, the officer failed to read Miranda warnings during the initial stages of the investigation. The Court granted the motion to suppress and excluded any evidence regarding a breath test, a refusal to submit to testing as well as any and all statements made by the defendant. The State Attorney dismissed the case.
The DUI was dismissed.
Mar 2, 2023 Case: AG5PUFE Judge Komninos
The defendant was stopped for speeding, making sudden lane changes, and driving in an overall aggressive manner. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and he swayed while he stood. He then performed various roadside tests such as the estimation 30 seconds (Romberg balance), one leg stand, and walk and turn. He was subsequently arrested for DUI and later refused a breath test.

Many observations on the field sobriety tests were contradicted by the videotape.
The State dropped the DUI.
Mar 2, 2023 Case: AG5PXVE Judge Komninos
The defendant was stopped for speeding, weaving, and failing to move over for an emergency vehicle. The officer noticed an odor of alcohol, red/puffy eyes, and he was wearing three different bar wristbands. He appeared unsteady and denied having anything to drink. He performed various roadside tests and was arrested for DUI. He later blew a .101 and .099 in the breath machine.
Due to the .02 margin of error the breath machine, the firm was able to place one of the defendant's breath test results under the legal limit of .08.
The State dropped the DUI.
Mar 2, 2023 Case: AG5PV5E Judge Komninos
The police were called to a parking garage as the defendant and his passengers were causing a disturbance. Officers noticed the defendant to have an odor of alcohol, droopy eyelids, and mumbled speech. He had mood changes and swayed while he stood. After performing several roadside tests, he was arrested for DUI and later blew a .087 and .081 in the breath machine.
Issues were raised about the lawfulness of the initial detaining of the defendant. Also, due to the .02 margin of error in the breath machine, the firm was able to place both breath samples below the legal limit of .08.
The State dropped the DUI.
Mar 2, 2023 Case: AG5PT3E Judge Komninos
The defendant was stopped for speeding. The officer noticed a strong odor of marijuana, his mouth was extremely dry, and he had noticeable body tremors. He had mumbled speech, swayed, and had vomit on himself. He then performed field sobriety tests and was arrested for DUI. He later refused a urine test.
The defendant's performance on the field sobriety tests was contradicted by the police reports.
The State dropped the DUI.
Feb 28, 2023 Case: 22-CT-010438 Judge Gutman
The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, watery eyes, and a blank/dazed stare. He also had slurred speech, a lethargic appearance, and poor balance. He performed various field sobriety tests and was arrested for DUI. He later blew .177 and .158 in the breath machine.
The defendant performed very well on the roadside tests on video tape. This clearly showed that the defendant was absorbing alcohol when he blew into the machine and his breath alcohol content was lower at the time of driving. After several conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Feb 28, 2023 Case: A9CCOLE Judge Lawhorne
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and poor dexterity. The defendant stated he had consumed a couple of White Claws and also had a wristband form a club. He then performed various roadside tests and was arrested for DUI. He later blew a .173 and .165 in the breath machine.
The officer misled the defendant into taking a breath test. The officer told the defendant that he could get a hardship permit if he blew, but none if he refused. That is a misstatement of the law as one can obtain a hardship if they refuse the breath test as well. The officer went beyond the realm of the implied consent law and coerced the defendant into taking a breath test. Knowing that the breath test would be excluded from evidence, the State Dropped the DUI.
The State dropped the DUI.
Feb 28, 2023 Case: 22-CT-008745 Judge Gutman
The defendant crashed her car by driving through barricades and then crashing into a center median. When officers arrived, they noticed an odor of alcohol, glassy eyes, and she appeared unsteady on her feet. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Between the video and written reports, there was a lack of probable cause to arrest her for DUI.
The State dropped the DUI.
Feb 28, 2023 Case: 22-CT-501419 Judge Gill
The defendant was stopped after an officer observed him exiting a parking lot without stopping before crossing the sidewalk. The officer noticed an odor of alcohol, watery/bloodshot eyes and slurred speech. The officer observed the defendant sway and stumble to catch his balance. According to the officer, he performed poorly on roadside tests such as the walk and turn and one legs stand. He was then arrested for DUI and later refused the breath test.
There was no video in the case. The officer’s reports were vague and without specific details describing the defendant's performance on the roadside tests. Just before trial, the State Dropped the DUI.
The State dropped the DUI.
Feb 28, 2023 Case: 22-CT-501432 Judge Gill
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his coordination was slow. The car smelled like an alcoholic beverage had spilled. He refused to perform roadside tasks and was arrested for DUI. He later refused a breath test.
Based on the video tape evidence as pointed out to the prosecutor, it appeared that none of defendant's normal faculties were impaired. Thus, there was a lack of probable cause to arrest him for DUI. The State Dropped the DUI just before trial.
The State dropped the DUI.
Feb 28, 2023 Case: 22-CT-006654 Judge Gutman
The defendant was stopped for driving with no lights at night. The officer observed an odor of alcohol, glassy eyes, and he was lethargic in his movements. He had a wristband on from a nightclub. According to the officer's reports, he performed poorly on roadside tests and was arrested for DUI. He later refused a breath test.
The officer's reports were contradicted by the videotape as to his performance on the roadside tests and all the other written observations. The State agreed and Dropped the DUI.
The State dropped the DUI.
Feb 28, 2023 Case: 22-CT-014293 Judge Rich
The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, he admitted to having drank 5 beers, and had droopy eyelids. His speech was slurred and he appeared unsteady. He then performed field sobriety tests and was arrested for DUI. He later blew a .198 and .197 in the breath machine.
After several conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Feb 27, 2023 Case: 22-CT-501996 Judge Gill
The defendant was stopped after an officer observed him leave the left lane and strike a curb. The officer noticed an odor of alcohol, bloodshot eyes, and thick tongued speech. The defendant stated that he had consumed a few drinks and he also had a wristband on from a bar. He performed various roadside tests such as HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and later blew a .133 and .130 in the breath machine. This was the defendant's Second DUI.
The firm filed a motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no probable cause or reasonable suspicion of a crime to stop the defendant based on him hitting a curb one time. There could have been 100 innocent explanations such as looking at your phone or playing with the radio for a split second. The State Agreed and Dismissed the defendant's Second DUI.
The DUI was dismissed.
Feb 22, 2023 Case: 22-CT-004410 Judge Taylor
The defendant was stopped for traveling southbound in the northbound lane. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. His pupils were dilated and he had a noticeable sway while standing. He performed various roadside tests and was arrested for DUI. He later refused the breath test.
On tape, the defendant's speech was not slurred and he did not sway. Based on conflicts in the evidence, the State Dropped the DUI.
The State dropped the DUI.
Feb 22, 2023 Case: 22-CT-011337 Judge Taylor
The defendant was stopped for driving without his headlights illuminated. The officer noticed an odor of alcohol and requested the defendant to perform roadside tests. After performing the field sobriety tests, he was arrested for DUI. He subsequently refused a breath test.
An odor alone is legally insufficient to provide reasonable suspicion of DUI to request roadside tests. The State, realizing they would lose all the field sobriety tests in evidence, Dropped the DUI.
The State dropped the DUI.
Feb 22, 2023 Case: 22-CT-009278 Judge Denkin
The defendant was stopped for speeding and weaving. Officers observed an odor of alcohol, slurred speech, and a "vacant" stare. His eyes were glossy, he leaned on the trunk for balance, and he denied having anything to drink. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
After several discussions with the State about the evidence and the defendant, the State agreed to Drop the DUI.
The State dropped the DUI.
Feb 21, 2023 Case: 22-CT-002273 Judge Conrad

The defendant crashed his car into a ditch and collided with a tree line. A civilian witnessed the crash and ran over to help. When the first officer arrived, he noticed an odor of alcohol and vomit on the defendant's shirt. The defendant was then transported to the hospital where another officer met him there. At the hospital, that officer noticed slurred/thick tongued speech and the defendant appeared very confused about the crash. He did not smell any alcohol. A medical blood draw was done which later showed a .252 blood alcohol result (over three times the legal limit).

Parks & Braxton took pretrial depositions of the two officers and the civilian. Due to conflicting sworn statements between the three witnesses, issues were raised by the firm about the lawfulness of the investigation leading up the blood draw.
The State dropped the DUI.
Feb 21, 2023 Case: 22-CT-013523 Judge Conrad
The defendant was stopped for driving northbound in the southbound lane and crossing over the double yellow line. The officer noticed an odor of alcohol, a blank/dazed look, and slurred speech. He also appeared disoriented and had lethargic movements. The defendant only agreed to perform the HGN (eye test) and then refused to perform the rest of the field sobriety tests. He was then arrested for DUI and later refused a breath test.

After conversations with the State regarding conflicts between the videotape and the written reports, the State Dropped the DUI.
The State dropped the DUI.
Feb 21, 2023 Case: 22-CT-012067 Judge Conrad
The defendant was stopped for driving without any headlights illuminated. The officer noticed an odor of alcohol, glassy eyes, and she appeared unsteady. She then performed various field sobriety tests such as the walk and turn and one leg stand. She was arrested for DUI and later blew a .113 and .109 in the breath machine.
The defendant's video tape clearly showed she may have been under the legal limit at the time of driving.
The State dropped the DUI.
Feb 14, 2023 Case: 22-CT-004848 Judge Gutman

The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and she appeared unsteady. Her face was flushed and her eyes were bloodshot. The defendant had a wristband on from a club. After performing various roadside tests such as the walk and turn, HGN (eye test), and one leg stand, she was arrested for DUI. She later refused a breath test.
After several discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 14, 2023 Case: 22-CT-004782 Judge Gutman
The defendant was stopped for drifting back and forth and crossing over the laner markers. The officer noticed an odor of alcohol, a blank/dazed look, and slow movements. She had slurred speech, poor coordination, and admitted to having consumed 2 alcoholic beverages. She then performed various field sobriety tests and was arrested for DUI. She subsequently refused to take a breath test.

Many observations on the video contradicted the police reports. Her speech was not slurred, she did not appear to be moving slow, and she seemed responsive and coherent. The State Dropped the DUI after negotiations.
The State dropped the DUI.
Feb 14, 2023 Case: 21-014690MU10A Judge Brown
The defendant was involved in a crash with extensive damage. The initial officer on scene observed a strong odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, he testified that the defendant was extremely unsteady on her feet and was unable to locate her license and registration. Subsequently, a DUI task force officer arrived on scene to conduct an investigation. The DUI task force officer made similar observations. However, the defendant explained that she is fully functional, but suffers from autism. In addition, the defendant discussed the medications she takes. She subsequently refused both field sobriety tests as well as a breath test and was arrested for DUI.
Parks & Braxton took testimony from both officers. While their observations were fairly consistent, neither of the officers were able to fully detail the extent that the autism and the medications she took played in the investigation. Specifically, while she displayed some signs of impairment, the officers were unable to discount the possibility that the observations were equally consistent with the medication she consumed as opposed to alcohol consumption. On the morning of the trial the State dropped the DUI.
The State dropped the DUI.
Feb 8, 2023 Case: 22-CT-002789 Judge Dekleva
The defendant was stopped for driving the wrong way into oncoming traffic. The officer observed an odor of alcohol, sluggish body movements, and thick tongued speech. She also had bloodshot eyes and appeared disheveled. She performed poorly on roadside tests and was arrested for DUI. She later blew a .187 and .182 in the breath machine.

After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 8, 2023 Case: 22-CT-015220 Judge Moses-Stephens
A concerned citizen called police that the defendant appeared drunk and was in no condition to drive. He also tried to stop the defendant from driving. The officer located the defendant and stopped the car. He observed an odor of alcohol, watery eyes, and a flushed/red face. He also had droopy eyelids and slurred speech. He then performed various field sobriety tests and was arrested for DUI. He later blew a .093 and .090 in the breath machine.
When an anonymous tip is called in, the police must observe some corroboration such as erratic driving to legally stop the car. Here, there was no corroboration at all. Thus, the traffic stop was unlawful. The State then Dropped the DUI and the defendant received no criminal conviction.
The State dropped the DUI.
Feb 3, 2023 Case: A6SA5VE Judge Komninos
The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, slurred/thick tongued speech, and watery eyes. He appeared unsteady and swayed while outside his truck. The defendant performed only the HGN (eye test) and refused to perform any further roadside tests. He was arrested for DUI and later refused a breath test.
Under Florida law, when a defendant refuses to perform roadside tests, they must be warned of adverse consequences by the officer for their refusal or the refusal will be excluded from evidence. Here, the defendant was not given any consequences.
The State dropped the DUI.
Feb 3, 2023 Case: AG5PTTE Judge Komninos

The defendant was seen by an officer propping up his motorcycle after he had fallen. The officer went up to the defendant and noticed an odor of alcohol, glassy eyes, and an unsteady gait. The defendant stated he had drank two beers. The officer told the defendant, "don't drive and take an uber or taxi" and you won't be arrested for DUI. About 30 minutes later, the officer spotted the defendant on his bike and moving it. At that time, the officer once again stopped the defendant and began a DUI investigation. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Under Florida law, an officer must advise a defendant of the adverse consequences if they refuse to do roadside tests or the refusal will excluded from evidence. Here, the officer did not give any consequences.
The State dropped the DUI.
Feb 3, 2023 Case: AGE3LKE Judge Komninos
Police were called to the scene of a disturbance where there was a physical fight in which the defendant was involved. The defendant was seen leaving and was stopped by police. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was uneasy on his feet. The defendant then performed various field sobriety tests such as the finger to nose, one leg stand, and walk and turn. He was then arrested for DUI.
After several conversations with the State about the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Feb 3, 2023 Case: AG5PURE Judge Komninos
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and she stated that she had a few drinks. After performing various roadside tests, she was arrested for DUI. She later refused a breath test.
Many observations written in the reports detailing her performance on the roadside tests were contradicted by the DUI video tape.
The State dropped the DUI.
Feb 3, 2023 Case: AGOW2XE Judge Komninos
The defendant was stopped for speeding after being seen leaving a gentleman's club. The officer noticed an odor of alcohol, a blank/dazed look, and his speech was slurred. He also had bloodshot eyes and starting demonstrating hand striking fighting motions to the officer for no reason. The defendant stated that he had consumed vodka with Red Bull. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test
After numerous discussions with the State about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 2, 2023 Case: 22-CF-000403 Judge Meadows
The defendant drove his car off the roadway into a canal. A civilian saw the crash and pulled him out the car. Officers arrived on scene and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He appeared unsteady while standing outside the police car. He was asked to perform roadside tests to which he refused and was then arrested for DUI. He provided one breath result of .139 and refused to provide the legally required second sample. This was the defendant's Third DUI within ten years and he was charged with Felony DUI.
The firm took pretrial depositions of the police officers and the civilian witness. All the witnesses' testimony contradicted each other, as well as the police reports, and police video. The firm announced ready for trial. The week before trial, the State Dropped the Defendant's Felony DUI.
The State dropped the DUI.
Feb 2, 2023 Case: 22-CT-003712 Judge Wish
The defendant was stopped for weaving. Upon contact, the officer noticed an odor of alcohol, slurred speech, and a flushed face. She had balance issues, had a confused/dazed look, and was very hostile and profane towards the officers. She then performed various roadside tests very poorly and was arrested for DUI. She later refused a breath test. This was the defendant's Fourth arrest.
The firm announced ready for trial. After discussions with the State about conflicts in the evidence, the State Dropped the DUI just before the trial date.
The State dropped the DUI.
Feb 1, 2023 Case: 22-CT-010229 Judge Gutman
The defendant was found passed out in his car on the railroad tracks. Officers smelled an odor of alcohol, bloodshot eyes, and slurred speech. The defendant also appeared to be confused and he stated that he had consumed three drinks. He performed poorly on roadside tests and was arrested for DUI. He later blew a .183 and .174 in the breath machine.

After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 1, 2023 Case: 22-CT-012838 Judge Gutman
The defendant was stopped for making erratic lane changes and speeding. Officers noticed bloodshot eyes, droopy eyelids, and slurred speech. He also had body tremors and had difficulty concentrating. He then performed various field sobriety tests such as HGN (eye test), one leg stand, and walk and turn. He was arrested for DUI and later refused a urine test. Police found marijuana and a glass smoking bowl in the car post arrest.

Even though they found marijuana,. the State could not prove he was impaired by the marijuana. Officers noticed nystagmus in the defendant's eyes on the HGN (eye test). When one is under the influence of marijuana, there will be no nystagmus.
The State dropped the DUI.
Feb 1, 2023 Case: 22-CT-012839 Judge Gutman
The defendant was found passed out in his car. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Due to a lack of probable cause to arrest based on the body worn cameras, the State Dropped the DUI.
The State dropped the DUI.
Jan 31, 2023 Case: 21-012381MU10A Judge Lerner-Wren
The defendant was involved in a crash whereby she crashed her car into the cement median on the highway. Florida Highway Patrol made contact with the defendant and observed a strong odor of alcohol, bloodshot eyes and a flushed face. After completing the initial crash investigation, the Trooper advised the defendant that he was now conducting a criminal investigation for DUI. The defendant presented a confused look throughout the conversation. While the alcohol and drug influence report indicated that the defendant had slurred speech, the Trooper testified differently in a sworn deposition. The defendant refused to participate in any field sobriety tests and was arrested for DUI. She subsequently refused a breath test.
Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest the defendant. In addition, the firm filed a second motion alleging that the refusal to submit to a breath test should be excluded as a violation of Florida Statute 316.1932. The Trooper testified in the hearing that the observations he observed were also consistent with an individual who was just involved in a crash. Ultimately, he testified that he could not confirm that the impairment that he witnessed was from alcohol. The motions were both granted and all of the evidence was excluded.
The DUI was dismissed.
Jan 31, 2023 Case: 22-CT-011805 Judge Farr
The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and he made unusual statements. After performing roadside tests, he was arrested for DUI. Believing he was impaired by drugs, the defendant provided a urine sample which came back from FDLE positive for marijuana.
The State could not prove he was impaired by the marijuana because it could have been in his system for up to 30 days.
The State dropped the DUI.
Jan 30, 2023 Case: 22-CF-002086 Judge Riba
The defendant was stopped after she failed to move over for a firetruck and police vehicles. She was speeding, straddling the lane markers, and nearly hit a firefighter and an officer. It took a while for the defendant to stop even after sirens were activated. Once stopped, officers observed glassy eyes, mush mouthed speech, and she used profanities toward the officers. Her movements were clumsy and she was very unsure in her movements. There was no odor of alcohol. Believing she was impaired by drugs, the officers requested her to perform field sobriety tests to which she refused. She was then arrested for DUI and later refused a breath test. This was the defendant's Fourth DUI and she was charged with a Felony DUI.
Under Florida law, to prove DUI under 316.193 (Florida Statutes), the state must prove that a defendant was impaired by alcohol and/or a chemical and/or a controlled substance. Prior to trial, the firm took pretrial depositions of the two officers. At depo, the firm got both officers to state that they had no idea what was allegedly impairing the defendant, nonetheless a specific chemical substance under chapter 877 of the Florida Statutes or a controlled substance under 893 of the Florida Statutes. The State Dropped the Defendant's Felony DUI and she received no penalties other than court costs.
The State dropped the DUI.
Jan 27, 2023 Case: 22-CT-028493 Judge Musselman
The defendant was stopped for running a stop sign, weaving, and almost crashing into a police car. The officer who conducted the stop noticed an odor of alcohol, bloodshot eyes, and slurred speech. His movements were slow, lethargic, and he stumbled. 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.
Many observations on tape contradicted the reports. On tape, his speech wasn't slurred and he never stumbled. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 26, 2023 Case: 21-CT-003177 Judge Doyle
The defendant was observed by civilians swerving all over the road and speeding. He eventually crashed his car into a utility pole. Officers arrived on scene and did not smell alcohol, but observed slurred speech, watery/glassy eyes, and he was unsteady. He also had to lean against the car for balance and was slow to respond to questions. Believing that he was impaired by drugs, he was requested to perform roadside tests to which he refused. He was then arrested for DUI and later refused a breath and urine test.
Under Florida law, to be guilty of DUI under Florida Statute 316.193, a defendant must be impaired by alcohol and/or a chemical and/or a controlled substance. One cannot just simply be "impaired by something." Here, the defense filed a motion for statement of particulars to find out what the state was alleging by what specific chemical and/or controlled substance was allegedly impairing the defendant. Not being able to respond, the State Dropped the DUI the week before trial and the defendant received no conviction.
The State dropped the DUI.
Jan 24, 2023 Case: 22-CT-043562 Judge Garagozlo
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he had drank beer. He then performed various roadside tests such as the HGN (eye test), finger to nose, walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
On tape, the defendant’s speech was not slurred and he performed better on the field sobriety tests than written. There was a lack of probable cause to arrest.
The State dropped the DUI.
Jan 24, 2023 Case: AEBMJPE Judge Lawhorne
The defendant backed her car up in a parking lot and crashed into a fire truck. When officers arrived, they noticed the defendant to have an odor of alcohol, slow movements, and slurred speech. She swayed while she stood and had bloodshot eyes. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused the breath test.
The video tape contradicted the officer's reports. For example, on tape she never swayed and her speech was normal.
The State dropped the DUI.
Jan 24, 2023 Case: AFLPJEE Judge Croff
The defendant was found passed out in his truck while stopped in the road and slightly in a bus lane. The defendant's head was in his hands and saliva was on his jeans. He appeared disoriented, had an odor of alcohol, droopy eyes, mumbled speech, and a dazed look. He then began to vomit in front of the officer for about a minute. During roadside tests, he had an uncomprehending expression and performed poorly. He was arrested for DUI and later blew a .137 and .136 in the breath machine.

After discussions with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jan 23, 2023 Case: 22-CT-017325 Judge Bristow
The defendant was stopped for failing to maintain a single lane and driving too slow. Officers observed the defendant to have an odor of alcohol, thick/slurred speech, and glassy eyes. He was unsteady on his feet and admitted to having drank two glasses of wine. He performed very poorly on the roadside tests. For example, he could not state the alphabet correctly and could not follow the simplest of instructions on the finger to nose exercise due to is intoxication level. He was then arrested for DUI and later blew a .231 and .224 in the breath machine.
After several conversations with the prosecutor about the facts and the defendant himself, the State Dropped the DUI.
The State dropped the DUI.
Jan 23, 2023 Case: 22-CT-013868 Judge Bristow
The defendant ran off the road and crashed her car into a fire hydrant. When officers arrived, they noticed the defendant to have an odor of alcohol, slow/slurred speech, and she was staggering. There was a container with whiskey found in the car as well. She then performed various field sobriety tests and was arrested for DUI. She later blew a .178 and .171 in the breath machine.
The defendant's airbags deployed due to the hard impact. After being hit in the head with airbags, the officer still had her do the walk and turn and one leg stand exercises. There were doubts raised as to whether her impairment at the scene was caused from the accident versus alcohol.
The State dropped the DUI.
Jan 20, 2023 Case: 22-CT-029775 Judge Silverman

The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, but officers observed the defendant to have constricted pupils, lethargic movements, and slow/raspy speech. The defendant stated that she takes a variety of medicines, all prescribed. Believing she was impaired by drugs, she then performed various field sobriety tests. She was then arrested for DUI and later provided a urine sample. The sample came back from FDLE with positive results for amphetamines and Xanax.
The accident happened on the defendant's way home from work. She hadn't taken any medicines since the morning and was not impaired. Her performance on the roadside tests on tape showed a lack of probable cause. The State agreed and Dropped the DUI to a Civil Careless Driving Infraction.
The State dropped the DUI.
Jan 20, 2023 Case: 22-CT-019340 Judge Silverman
The defendant was stopped for swerving and causing other drivers to avoid contact. There was no odor of alcohol, however, officers noticed a flushed face, slow movements, bloodshot eyes, and mood swings. The defendant stated she had taken her prescribed medications. Due to physical limitations, she was given alternative roadside tests which did not involve walking or standing on one leg. She was then arrested for DUI and later provided a urine test which was analyzed by FDLE. It came back positive for controlled substances. This was the defendant's Second DUI.
The defendant was prescribed all the medications that she tested positive for. Many of the observations written in the police reports were contradicted by the videotape. The State agreed and Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 18, 2023 Case: 22-CT-001452 Judge Crown
The defendant was stopped for speeding, driving with one headlight, and driving in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and difficulty with comprehension. His speech was slurred and he repeated the same questions to the officer. A Modelo beer was also found in the car. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.

Under Florida law, an officer must advise a defendant of adverse consequences if a defendant refuses to perform field sobriety tests. If they do not, the defendant's refusal would be excluded from evidence. Here, the defendant was not advised of any consequences.
The State dropped the DUI.
Jan 13, 2023 Case: 22-CT-041834 Judge Atkin
The defendant was stopped for driving with no taillights. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. There was an open container of alcohol in the car and the defendant's movements were slow. The defendant also leaned against the car for balance. After performing various field sobriety tests, he was arrested for DUI. He later refused a breath test.
Due to contradiction between the videotape and the police reports, there was a lack of probable cause to arrest the defendant.
The State dropped the DUI.
Jan 12, 2023 Case: AEBMKTE Judge Hessinger
The defendant was stopped for a tag violation. The officer noticed an odor of alcohol, slurred/slow/mumbled speech, and lethargic movements. The defendant denied drinking any alcohol. She fumbled with her documents and had a flushed face. The officer also noted that she swayed, staggered, and appeared unsteady. After refusing to perform any roadside tests other than HGN (eye test) , she was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The firm pointed out to the State, that on tape, her speech was normal and she was not off balance in any way. She never stumbled, swayed, or fumbled with anything. The State Dropped the Defendant's Second DUI.
The State dropped the DUI.
Jan 12, 2023 Case: AEBMTKE Judge Szematowicz
The defendant was stopped after he pulled out of a strip club parking lot and didn't stop before entering the roadway. Officers immediately stopped him. They observed an odor of alcohol, a dazed expression, and he was slow to answer questions. He swayed while he stood and had bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
The firm took a pretrial deposition of the officer who initiated the traffic stop. After questioning the officer under oath, it was apparent that the lawfulness of the stop was in question due to no traffic or pedestrians being affected.
The State dropped the DUI.
Jan 12, 2023 Case: A777BEE Judge Croff

The defendant was stopped for weaving and driving with no headlights. The officer observed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and later refused a breath test.
After several talks with the prosecutor about the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jan 12, 2023 Case: 22-CT-015225 Judge Damico

Police were called as the defendant's car was stuck in a drainage ditch. The officer noticed an odor of alcohol, red eyes, and she had stated she had consumed a few vodka drinks at the club. She then performed various roadside tests such as the walk and turn, finger to nose, and alphabet. She was then arrested for DUI and later blew a .181 and .167 in the breath machine.
After several conversations with the State about the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Jan 11, 2023 Case: 22-CT-008908 Judge Farr

The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, droopy eye lids, and a flushed face. He also had bloodshot eyes and appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Everything the officer wrote was exaggerated and contradicted by the video tape. For example, his speech was not slurred, he was not unsteady, and performed much better on the field sobriety exercises than as described. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jan 11, 2023 Case: 22-CM-005754 Judge Farr

The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank vodka. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.

After several conversations with the State about the evidence, the State Dropped the DUI.

The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-000997 Judge C. Wish
The defendant crashed his car and ended up stuck on top of a concrete barrier. Officers observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and very slurred speech. The defendant had an unsteady gait. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
The firm pointed out to the State that all the defendant's statements on video were taken in violation of his Miranda rights and in violation of the accident report privilege. In addition, the DUI officer asked the defendant to perform a DUI investigation. The defendant kept asking her to explain what that was exactly and she never explained anything. In other words, she never told him she wanted him to specifically do field sobriety tests. In addition, the officers were rude and aggressive on tape for no reason towards the defendant.
The State Dropped the defendant's Second DUI.
Jan 10, 2023 Case: 22-CT-047984 Judge Jacobus
The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two shots and exhibited balance issues. In the middle of the walk and turn exercise, the defendant refused to continue and was arrested for DUI. She later refused the breath test This was the defendant' Second DUI arrest.
Many observations written in the reports were contradicted by the videotape.
The State Dropped the defendant's Second DUI.
Jan 10, 2023 Case: 22-CT-038083 Judge Jacobus
The defendant was stopped after an officer noticed the defendant stopped in the road. As the officer attempted a traffic stop, the defendant pulled away but was stopped eventually. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He also swayed and stumbled while outside his car. He performed poorly on roadside tests and was arrested for DUI. He later refused a breath test.
The officer stated that he conducted the traffic stop due to the defendant obstructing the roadway. However, there was no traffic on the road. The lawfulness of the traffic stop was called into question. The State agreed and Dropped the DUI.
The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-039066 Judge Jacobus
The defendant was found passed out in his car at a Circle K gas station. A concerned citizen caller dialed 911 after spotting the defendant. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was arrested for DUI. He later blew a .214 in the breath machine, but then refused to provide a second sample as required by law, so it was labeled as a refusal.
There was no reasonable suspicion of a crime to order him out of the car once it was determined he was simply sleeping.
The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-039061 Judge Jacobus

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his pupils were small. The defendant stated he had drank beer, exited the vehicle slowly, and appeared unsteady on his feet. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .105 and .105 in the breath machine.
After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
The State dropped the DUI.
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