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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.
Apr 24, 2025 Case: 24-CT-002365 Judge Grey
A citizen called the police that the defendant was refusing to leave an Arby's business and the defendant smelled like alcohol. Officers approached the defendant as she was seated in her car. They observed an odor of alcohol, bloodshot eyes, and slurred speech. She struggled to manipulate the controls in order to roll the window down. She performed poorly on roadside tests, such as HGN (eye test), the walk and turn, and one leg stand. She was arrested for DUI and later refused a breath test.
Officers did not have reasonable suspicion of a crime (i.e., DUI) justifying ordering her out of the car. Odor alone is not enough. Due to the initial unlawful seizure, the State Dropped the DUI.
The State dropped the DUI.
Apr 24, 2025 Case: 24-CT-002858 Judge Justice
The defendant was stopped for swerving all over the road and running a stop sign. Officers noticed an odor of alcohol, slurred/mumbled speech, he appeared incoherent, had slow reflexes, and had droopy eyelids. The defendant only performed the HGN (eye test) and walk and turn exercises. The one leg stand was not performed due to safety concerns about his intoxication level. The defendant 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.
Apr 24, 2025 Case: 24-CT-407313 Judge Bova
The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, an orbital say, and poor balance. The defendant refused to perform any field sobriety tests other than HGN (eye test) and was arrested for DUI. He later refused to provide blood and breath tests.
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 23, 2025 Case: 24-162134MU10A Judge Gottlieb
The defendant was identified as the "at fault" driver in a rear-end collision. The officer observed a strong odor of alcohol and bloodshot watery eyes. Upon exiting the car, the officer stated that the defendant had a difficult time maintaining her balance. Based on the observations, the officer asked the defendant to participate in standard field sobriety exercises. The defendant refused to participate. Next, the officer asked the defendant to provide a breath test. Again, the defendant refused. She was subsequently arrested for DUI with Property Damage/Injury, DUI, and Following Too Closely.
Parks & Braxton filed a motion to exclude any evidence of a refusal to submit to a breath test on the grounds that the officer violated Florida Statute 316.1932(1)(a) by requesting a breath test prior to a lawful arrest. In addition, the firm filed a motion to exclude any mention of a refusal to perform field sobriety exercises based on a lack of adverse consequences. Parks & Braxton successfully argued the lead appellate case on this issue. Finally, Parks & Braxton filed a motion to exclude all statements made by the defendant as a violation of "accident report privilege."
All Charges Dismissed.
Apr 23, 2025 Case: 24-CT-014143 Judge Taylor
The defendant was found passed out on the side of the highway lying in the back seat of his car with the door open and the engine on. The defendant admitted to having drove the car there. Officers noticed an odor of alcohol, slow/slurred speech, glassy eyes, and an unsteady balance. He was also moving around very slowly and lethargically. The defendant started to do the field sobriety tests but did not continue. He was then arrested for DUI and later refused a breath test.
Even though he admitted to having drove there, the State could not prove beyond a reasonable doubt that the defendant was in actual physical control as he had no capability to operate the car from the back seat while asleep.
The State dropped the DUI.
Apr 23, 2025 Case: 24-CT-038433 Judge Ingram

The defendant was the at fault driver in a traffic crash and then she left the scene of the accident. Officers noticed an odor of alcohol, an orbital sway, and she stumbled. Her speech was incoherent, she had watery eyes, and a flushed face. The defendant refused to perform any roadside tests and was arrested for DUI. She 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 22, 2025 Case: 24-CT-059870 Judge Musselman
The defendant was found by police passed out at a gas pump. Officers noticed an odor of alcohol and watery eyes. He also had a flushed face, slurred speech, and appeared unsteady. He almost fell out of the car. He performed very poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .142 in the breath machine. Only one result was obtained because the defendant started to vomit so the second breath sample had to be aborted.
After providing mitigating evidence about the defendant to the State, they Dropped the DUI.
The State dropped the DUI.
Apr 22, 2025 Case: 24-CT-012580 Judge Ingram
The defendant was the at fault driver in a single car crash. When officers arrived, they noticed an odor of alcohol, she appeared drowsy and fatigued, had watery eyes, and had slurred speech. She also stumbled, staggered, and swayed. According to the officer, she performed poorly on the HGN (eye test), estimation of 30 second, and finger to nose exercises. She was then arrested for DUI. This was the defendant's Second DUI.
On tape, the defendant was not off balance, her speech was not slurred, and she did not appear fatigued. In addition, she performed much better on the roadside tests on tape than as described in the policer reports. Most importantly, the arresting officer can be heard on body worn camera, before even beginning the field sobriety tests, saying to another officer, "I'm gonna be arresting her so I’ll be taking her." It was clear the defendant had no chance even if she did well on the field sobriety tests as the officer had his mind made up from the beginning.
The defendant's Second DUI was Dismissed.
Apr 21, 2025 Case: 24-CT-023695 Judge Damico
The defendant was stopped for swerving left and right on the road. Officers noticed an odor of alcohol, slow responses, slurred speech, and red/glassy eyes. The defendant performed the HGN (eye test) and began the walk and turn, but refused to finish it. He 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.
Apr 21, 2025 Case: 24-CT-002783 Judge Wansboro
The defendant was stopped for running a red light. Officers observed an odor of alcohol, slow movements, and slurred speech. He also had poor motor skills and bloodshot/watery eyes. He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .121 and .140 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 14, 2025 Case: 24-CT-405863 Judge Bova
The defendant was stopped for running a stop sign and almost fishtailing. Officers noticed an odor of marijuana, a green leafy substance on the defendant's lap, bloodshot eyes, body tremors and droopy eye lids. The defendant performed the HGN (eye test), walk and turn, one leg stand, finger to nose, and estimation of 30 seconds roadside exercises. He was arrested for DUI and later refused a urine test. The defendant had a CDL as well.
The police reports overly exaggerated the defendant's alleged impairment. On video, the defendant's speech was not slurred, he was not off balance, and he appeared coherent and responsive. In fact, on the walk and turn, he walked backwards back down the line heel to toe and never even stepped off the line. He also kept his foot off the ground on the one leg stand for 30 seconds. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Apr 14, 2025 Case: 24-CT-054225 Judge Jacobus
The defendant was stopped for driving westbound in the east bound lane. Officers observed an odor of alcohol, slurred speech, and watery/glassy eyes. She exited the car slowly and had a sway to her stance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she 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.
Apr 14, 2025 Case: 24-CT-054196 Judge Jacobus
The defendant was stopped for driving on the wrong side of the road. Officers noticed an odor of alcohol, slow/slurred speech, and bloodshot eyes. His movements were slow and sluggish. After performing the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew a .244 and .234 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 8, 2025 Case: 24-CT-016885 Judge Valkenburg
The defendant was stopped for running two stop signs. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and he had difficulty dividing his attention. The defendant had a wristband on from a bar and denied drinking alcohol. The defendant only performed the HGN (eye test) and refused to perform any other roadside tests. He 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.
Apr 8, 2025 Case: 24-CT-016806 Judge Valkenburg
The defendant was stopped for failing to maintain a single lane. He also drifted into the oncoming lane of travel and drove on the grass. Officers observed an odor of alcohol, slurred speech and glassy eyes. He also had fumbling fingers, and difficulty following instructions. The defendant was unsteady and almost fell. For safety reasons, the defendant only performed the Finger to nose. He was arrested for DUI and later blew a .174 and .170 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 8, 2025 Case: 24-CT-017449 Judge Valkenburg
The defendant was stopped for driving with no lights and running a stop sign. Officers noticed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
On tape, the defendant's speech was not slurred, he was not unsteady, and he appeared responsive and coherent. After discussions with the State prior to trial, the State Dropped his Second DUI.
The State dropped the DUI.
Apr 7, 2025 Case: AJF4JKE Judge Lawhorne
The defendant was stopped for driving the wrong way by driving southbound in the northbound lane. Officers observed an odor of alcohol, glassy/watery eyes, and slurred speech. After performing the HGN (eye test), walk and turn, and one leg stand, she 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.
Apr 7, 2025 Case: AKBGV7E Judge Lawhorne
The defendant was stopped after driving through a parking lot at a high rate of speed and slamming her brakes causing her to slow roll. Officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and a sway to her stance. She was also emotional. She performed poorly on the HGN (eye test), finger to nose, estimation of 30 seconds, walk and turn, and one legs stand exercises. She was arrested for DUI and later blew a.158 and .142 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.
Apr 7, 2025 Case: AI96ENE Judge Lawhorne
The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, and fumbling fingers. The defendant agreed to do the HGN (eye test) and then refused to perform any further field sobriety tests. He was arrested for DUI and later refused a breath test.
After conversations with the State regarding the evidence and providing mitigation evidence on behalf of the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 7, 2025 Case: AJB3ZEE Judge Lawhorne

The defendant was stopped for driving eastbound in the westbound lane. Officers observed an odor of alcohol, watery eyes, and raspy/slow speech. He had a sway to his stance, was unable to balance, and had poor hand eye coordination. The defendant stated that he had drank five beers. He performed poorly on all the field sobriety exercises, such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later blew a .110 and .108.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 7, 2025 Case: AJF4KDE Judge Lawhorne
The defendant was found passed out in his running car at a stop sign. Officers knocked several times to try to awaken the defendant, but he was practically unconscious. Officers later noticed an odor of alcohol, very slurred speech (almost non-understandable), stumbling, staggering, and needing assistance to stand. He refused to perform any roadside tests and was arrested for DUI. The defendant later refused a breath test.
After discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 4, 2025 Case: 24-CT-014379 Judge Rich
The defendant was stopped for speeding. Officers observed an odor of alcohol and bloodshot eyes. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant Second DUI within five years and he was also charged with a Second refusal to take a breath test.
The firm pointed out to the State that not one of the defendant's normal faculties were impaired. In fact, the cop can be heard on video stating "I don't think you’re impaired over the legal limit but...." The State Dismissed the Second DUI and Second refusal charge.
The DUI was dismissed.
Apr 3, 2025 Case: 24-CT-502120 Judge Paluck
A BOLO (be on the lookout) went out that the defendant was driving all over the road. Officers spotted the defendant and observed him weaving all over the road. Officers noticed an odor of marijuana, red/glossy eyes, dilated pupils, and had a relaxed/carefree state of mind. The defendant stated that he had smoked pot before driving and exhibited a lack of concentration. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a urine test.
The firm announced ready for trial. We pointed out to the State that on tape the defendant's speech was normal and he had no balance issues. Just prior to trial and after conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Apr 3, 2025 Case: 24-CT-003886 Judge Gould

The defendant was stopped for speeding (90 mph in a 60 mph zone). Officers noticed an odor of alcohol watery/bloodshot eyes, and she stated that she had consumed three rum drinks. Once out of the car, she appeared unsteady. She performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. 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.
Apr 3, 2025 Case: 24-CT-004584 Judge Gould
The defendant was involved in a traffic crash in an intersection. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, unsteadiness, and droopy/glassy eyes. The defendant refused to do any field sobriety tests and was arrested for DUI. She later blew a .161 and .158 in the breath machine.

After a review of the evidence, it was determined that the defendant was not the at fault driver in the crash. On tape, her speech was normal and she had no balance issues. There was a complete lack of probable cause to arrest her. After conversations with the State about the evidence, they Dropped the DUI.
The State dropped the DUI.
Apr 2, 2025 Case: 24-CT-017450 Judge Taylor
The defendant was stuck in a ditch trying to put the vehicle in reverse when police arrived. They noticed an odor alcohol, glossy/watery eyes, and slurred speech. He was unsteady on his feet and had fumbling fingers. The defendant refused to perform 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.
Apr 2, 2025 Case: 24-CT-012393 Judge Taylor
The defendant was stopped for swerving, braking inconsistently, and following too closely. Officers observed an odor alcohol, bloodshot eyes, slurred/thick speech, and a sway. Alcohol was also found in the car. He performed poorly on 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 .179 and .178 in the breath machine.
After conversation with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Apr 1, 2025 Case: 24-CT-015491 Judge Gutman
The defendant was stopped for driving the wrong way in traffic. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. He was also unsteady on his feet and admitted to having drank alcohol prior to driving. He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .195 and .189 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.
Mar 31, 2025 Case: 24-CT-002452 Judge Poblick
The defendant was stopped for weaving all over the road and driving at inconsistent speeds. Officers observed an odor of alcohol, a flushed face, bloodshot/watery eyes, and slurred speech. When asked how much he had drank, he stated "not much at all." He also appeared lethargic and confused. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.

The State dropped the DUI.
Mar 31, 2025 Case: 24-MM-011708 Judge Koenig

The defendant was found passed out and unresponsive in a Circle K parking lot. When officers finally got the defendant to respond, they noticed an odor of alcohol, he struggled to open his eyes, and his speech was not understandable. He was disoriented and couldn't even form a sentence. He refused to perform field sobriety tests, but was too intoxicated to perform them anyway. He was arrested for DUI and later refused a breath test. He was also charged with resisting an officer without violence for not obeying their commands. This was the defendant's Second DUI.
The firm provided mitigation to the State regarding the defendant. After conversations with the State, they Dropped his Second DUI and Dismissed the Resisting charge.
The State dropped the DUI.
Mar 25, 2025 Case: 24-CT-054994 Judge Skinner
The defendant was stopped for driving with no lights on after dark. Officers noticed an odor of alcohol and she stated she had drank a Jack and Coke. After performing the HGN (eye test), walks and turn, and one leg stand exercises, she was arrested for DUI.
An odor of alcohol alone is not enough to give an officer reasonable suspicion to request filed sobriety tests. As the roadside tests were obtained unlawfully, the State Dropped the DUI.
The State dropped the DUI.
Mar 25, 2025 Case: 24-CT-053179 Judge Skinner
The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, glossy eyes, and mumbling/slurred speech. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then 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.
Mar 25, 2025 Case: 24-MM-048849 Judge Skinner
A call went out about a hit and run accident. Officers located the defendant and noticed an odor of alcohol, bloodshot/watery eyes, and a slight sway. The defendant performed various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn. He was arrested for DUI and later blew a .108 and .101 in the breath machine. The defendant was also charged with domestic battery for an incident that occurred shortly before the DUI arrest the same night.
On tape, the defendant performed much better on the roadside tests than as described in the reports. Additionally, he was not the aggressor in the battery and it was determined that the other party started the fight. Finally, the breath test results were not turned over until months after the DUI arrest in violation of the discovery rules. The State Dropped the DUI and the defendant received no criminal conviction and only had to pay a fine. The Battery was Dismissed as well.
The State dropped the DUI.
Mar 24, 2025 Case: 24-075350MU10A Judge Evans
The defendant was detained for driving on a flat tire. The officer observed glassy eyes, sweating and constricted pupils. The defendant admitted to taking an Ambien. The deputy was a DUI and Drug Recognition Expert, and after believing the defendant was under the influence of the Ambien he began a DUI investigation. The defendant performed a series of 5 different field sobriety tests and was arrested for DUI. The defendant provided a urine sample which was positive for controlled substances.
Despite the presence of the controlled substance in his urine, the video was entirely inconsistent with the way the deputy wrote his report. The defendant was cooperative throughout the investigation. The defendant was presented with several offers including a reduced charge with points on his license. The firm announced ready for trial and the defendant walked away with no conviction on his record for any offense.
The State dropped the DUI.
Mar 24, 2025 Case: 23-017147MU10A Judge Lerner-Wren
The defendant was passed out behind the wheel of his vehicle in the middle of the street. The car was running and his foot was on the brake. When the police tried to wake him up, he hit the police car in front of him. After exiting the car, the defendant looked and sounded extremely lethargic. The officers asked the defendant if he had consumed any alcohol. He explained that he had two tequila drinks. After observing bloodshot eyes, slurred speech and an odor of alcohol, the officers asked the defendant to perform field sobriety tests. After performing the HGN (eye test), the one leg stand, the walk and turn, and the Romberg balance test (estimation of time), he was arrested for DUI. He refused to submit to a breath test.

Based on the initial portion of the video, it was clear that the defendant was lethargic and a bit out of it. However, the State was required to prove that the defendant was impaired from alcohol as opposed to merely being tired. On the walk and turn test, the officer picks up a pad to take notes and completely blocked the camera from videotaping the defendant's performance. In addition, the officer embellished in his report the defendant's performance on the other tests. The firm rejected all offers and announced ready for trial. The charges were dismissed.
The DUI was dismissed.
Mar 18, 2025 Case: 24-CT-013301 Judge Gutman
The defendant was stopped for running a stop sign, weaving, and driving at inconsistent speeds. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and slurred speech. When asked how much he had to drink, he replied, "not much at all." After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath a test.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 18, 2025 Case: 24-CT-017820 Judge Weis
Civilians at a bar called the police that the defendant threw a traffic cone at a parking attendant and was highly intoxicated. Police came in contact with the defendant as he was driving off. They noticed an odor of alcohol, blood shot eyes, and his speech was very slurred. He had difficulty answering basic questions due to his intoxication level. An open bottle of vodka was observed on the passenger seat. The defendant refused to perform any field sobriety tests, was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The officer stated in his police reports that he advised the defendant of the adverse consequences for refusing field sobriety tests. However, on tape, he never did. Thus, the officer's credibility was called into question. The State Dropped the defendant's Second DUI.
The State dropped the DUI.
Mar 18, 2025 Case: 24-CT-017969 Judge Gutman
The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, sluggish reflexes, and she appeared unsteady. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI.
Many observations written it the reports were contradicted by the video. On tape, she was not unsteady, her speech was not slurred, and she did not appear sluggish. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Mar 17, 2025 Case: 24-CT-503813 Judge Gonzalez

The defendant was stopped for having no illuminated driver's side light. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant only performed the HGN (eye test) and refused to do any other field sobriety tests. He was arrested for DUI and later refused a breath test.

During negotiations, we pointed out to the prosecutor that on video, none of the defendant's normal faculties were impaired. Thus, there was no probable cause to arrest him. After a few conversations, the State Dropped the DUI.
The State dropped the DUI.
Mar 13, 2025 Case: 24-CT-021408 Judge Burke
The defendant was stopped for speeding and weaving. Officers noted an odor of alcohol, bloodshot eyes, and thick/slurred speech. He performed the HGN (eye test), walk and turn, one leg stand, finger to nose, and alphabet field sobriety tests. He was arrested for DUI and later blew a .158 and .156 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.
Mar 13, 2025 Case: 24-CT-020491 Judge Burke
A concerned citizen called 911 stating that the defendant was swerving in and out of lanes, ran a red light, and almost crashed. Officers spotted the defendant and conducted a traffic stop. They noticed an odor of alcohol, unsteadiness, he staggered, had slow/unclear/slurred speech, and had glossy eyes. After performing various roadside tests such as the alphabet, finger to nose, one leg stand, walk and turn, and HGN (eye test), he was arrested for DUI. He later refused a breath test.
When the caller is anonymous, officers must have some corroborating evidence in order to legally stop a defendant. In other words, see some erratic driving pattern consistent with what the caller says. The reason is because an anonymous tipster is at the low end of the reliability scale versus someone who provides their name (i.e. a citizen informant). After negotiations regarding the lawfulness of the traffic stop, the State Dropped the DUI.
The State dropped the DUI.
Mar 12, 2025 Case: 24-CF-004830 Judge Coates
The defendant was found passed out behind the wheel of his truck in the middle of the road. Officers smelled an odor of alcohol, noticed pinpoint pupils, glassy eyes, and his speech was slow and slurred. He also had a hard time staying awake and was sweating profusely. Officers believed that he was under the influence of drugs, as well as alcohol. He performed very poorly on field sobriety tests such as HGN (eye test), the walk and turn, and the one leg stand. He was arrested for DUI and later provided a urine sample. It came back from the FDLE lab positive for a controlled substance that was not prescribed to the defendant. That drug was also found in a search incident to arrest of his truck. He was also charged with Felony Possession. It should be noted, this was his Second DUI.
Parks & Braxton took a pretrial deposition of the arresting officer. At depo, the officer contradicted herself many times with her depo testimony as compared to the police reports. Although she believed that the defendant was impaired by drugs, she never even asked the defendant one time if had taken any drugs that day or at any time for that matter. After depositions were completed, the State Dropped the defendant's Second DUI and he received no felony conviction on his record for the possession charge.

The State dropped the DUI.
Mar 11, 2025 Case: 24-CT-502369 Judge Gagliardi
The defendant was the at fault driver in a sideswipe crash with another vehicle. Officers noticed an odor of alcohol, mumbled speech, bloodshot/watery eyes, and he appeared unstable. He performed poorly on the field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Third DUI.
Prior to trial, the firm had negotiations with the prosecutor. We pointed out that the cop had totally messed up the investigation. First, he had the defendant hitting a regular car in his reports, but he actually hit a semi truck. The crash report was all wrong. Secondly, he did not position his car properly so his dash camera could catch all the roadside tests. His car was too close so no one could see the defendant's legs from the knee down on the one leg stand or walk and turn. Thirdly, the defendant told the cop that some of his toes had been cutoff, but the officer still made him do the physical exercises versus allowing him to do nonphysical tests. Finally, during the whole DUI investigation, the officer had his car music blasting so no one could hear anything. The State Dropped the Defendant's Third DUI.
The State dropped the DUI.
Mar 11, 2025 Case: 24-CT-502369 Judge Gagliardi
The defendant was the at fault driver in a sideswipe crash with another vehicle. Officers noticed an odor of alcohol, mumbled speech, bloodshot/watery eyes, and he appeared unstable. He performed poorly on the field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Third DUI.
Prior to trial, the firm had negotiations with the prosecutor. We pointed out that the cop had totally messed up the investigation. First, he had the defendant hitting a regular car in his reports, but he actually hit a semi-truck. The crash report was all wrong. Secondly, he did not position his car properly so his dash camera could catch all the roadside tests. His car was too close so no one could see the defendant's legs from the knee down on the one leg stand or walk and turn. Thirdly, the defendant told the cop that some of his toes had been cutoff, but the officer still made him do the physical exercises versus allowing him to do nonphysical tests. Finally, during the whole DUI investigation, the officer had his car music blasting so no one could hear anything. The State Dropped the Defendant's Third DUI.
The State dropped the DUI.
Mar 6, 2025 Case: 24-CT-004090 Judge Gould
The defendant drove his car into a ditch. Officers noticed an odor of alcohol, slurred speech, glassy/watery eyes, and he was unsteady. He had an orbital sway and "drifted" side to side when he walked. He performed poorly on the field sobriety tests which included the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .151 and .148 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.
Mar 5, 2025 Case: 24-CT-019718 Judge Moses-Stephens
The defendant was stopped for having illegal tint. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he swayed while he stood. He also stumbled and spoke loudly and repetitively. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Mar 4, 2025 Case: 24-CT-011460 Judge Uzabel

The defendant was stopped for swerving within his lane and running a red light. Officers noticed an odor of alcohol, slurred speech, and he stumbled to catch his balance. He also had a bracelet on his wrist form a bar. He then performed the HGN ( eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .162 and .154 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.
Mar 4, 2025 Case: 24-CT-001088 Judge Wallace
The defendant was stopped for weaving. Officers observed an odor of alcohol, mumbled speech, bloodshot eyes, and a sway to his stance. The defendant stated he had just left a bar. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, finger to nose, and one leg stand. He was then arrested for DUI and later refused a breath test.
Many observations were contradicted by the video tape. His speech was normal and not mumbled and he had no sway to his stance. Also, many written observations of the field sobriety tests were contradicted by the tape. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Mar 3, 2025 Case: 24-CT-055483 Judge Koenig
The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and his hands were shaking. The defendant exited the car slowly, swayed while standing, and he stated that he had consumed one beer. He performed the HGN (eye test), walk and turn, and one leg stand exorcises. He was arrested for DUI and later blew a .118 and .117 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.
Feb 26, 2025 Case: 23-007747MU10A Judge Francois
The defendant was stopped for straddling lane markers on the highway. In addition, the defendant was clocked at 85mph in a 65mph zone. The defendant then slowed down in the far right lane to 10mph, eventually stopping in the right lane of traffic. Upon approaching the vehicle, the Trooper observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car, the officer observed extreme unsteadiness. The Trooper then asked the defendant to perform a series of field sobriety tests. The defendant responded by saying it was up to the Trooper. There was clearly a language barrier between the Trooper and the client. Since the defendant never answered with a clear yes or no answer the Trooper arrested him for DUI. The Trooper then asked for a breath and urine sample. The defendant responded by saying "whatever you want to do just do it." The Trooper took that as a refusal to submit to a breath test.
The evidence made clear that the defendant never specifically responded to the Trooper's requests. In addition, despite the heavy accent it was evident that there was a language barrier between the Trooper and the defendant. These specific issues were raised with the prosecutor. The defendant had his charges reduced to reckless driving with no conviction of any kind on his record.
The State dropped the DUI to a reckless driving.
Feb 25, 2025 Case: 24-CT-016598 Judge Rich
The defendant was stopped for failing to maintain a single lane and also driving in the middle of two lanes for several blocks. Officers noticed an odor of alcohol, unsteady balance, and he admitted to having consumed several mixed drinks. He also had glassy eyes and slurred speech. He performed very poorly on the field sobriety tests and was arrested for DUI. He later blew a .182 and .180 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.
Feb 24, 2025 Case: 24-011987MU10A Judge Evans
The defendant was involved in a multiple car accident. Upon arrival, the officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway while she walked. Multiple witnesses identified the defendant as the driver involved in the accident. After the crash investigation, the defendant was informed that the officers were now conducting a DUI investigation. The defendant refused to participate in either field sobriety tests or a breath test. She was subsequently arrested for DUI Property Damage/Personal Injury. After arrest, the officers located 53 Lorazepam pills in the defendant's purse as well as well as a liquid THC Truelieve syringe.

Parks & Braxton filed a series of motions challenging the admissibility of the evidence. Specifically, the firm argued that both the field sobriety test request and subsequent refusal was unlawful. Next, the firm argued that the refusal to submit to a breath test was unlawful. The Court agreed, and excluded any mention that the defendant refused either a breath test or field sobriety tests. Lastly, Parks & Braxton filed a motion for Statement of Particulars. Specifically, the motion argued that the prosecutor needed to state with specificity what substance the defendant was allegedly impaired by. The prosecutor conceded the motion, and the defendant walked away with no criminal charges on her record.
The DUI was dismissed.
Feb 20, 2025 Case: 24-CT-019480 Judge Damico
The defendant was found unconscious in his car at an intersection. When he regained consciousness, his car began to roll forward almost striking the officers. Officers got the vehicle to stop rolling and upon contact noticed an odor of alcohol, delayed speech, and bloodshot/glossy eyes. He then performed various field sobriety tests such as the finger to nose, count backwards, walk and turn, one leg stand, and the HGN (eye test). He was subsequently arrested for DUI and later blew a .106 and .104 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.
Feb 19, 2025 Case: 24-CT-041250 Judge Ingram
The defendant was stopped for speeding, swerving, and braking heavily. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a couple of drinks. He also appeared unsteady and walked slowly. After refusing to perform field sobriety tests, he was arrested for DUI. He later refused a breath test.

After conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI .
The State dropped the DUI.
Feb 19, 2025 Case: 24-CT-045334 Judge Ingram
The defendant was stopped for swerving and striking the median wall of the highway. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant staggered, swayed, and had an uneven gait. The defendant also stated that he had consumed two drinks. He performed poorly on the walk and turn, one leg stand, and HGN (eye test) exercises and was arrested for DUI. He later refused a breath test.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 13, 2025 Case: 24-CT-012747 Judge Scott
The defendant was stopped for speeding (83mph in a 55mph zone). Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady and had fumbling fingers. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
The firm pointed out to the State prior to trial that the defendant was not unsteady and had no slurred speech on tape. After negotiations, the State Dropped her Second DUI.
The State dropped the DUI.
Feb 13, 2025 Case: 24-CM-009995 Judge Scott
The defendant was stopped for making a wide turn and straddling the bike lane markers. Officers observed the defendant to have an odor of alcohol, an odor of marijuana, slurred speech, and red/watery eyes. The defendant only performed the HGN (eye test only). No walk and turn or one leg stand exercises were conducted due to his belligerent behavior. He was arrested for DUI and later refused a breath test. This was his Second DUI. He was also charged with resisting an officer without violence.
After conversations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI. They also Dismissed the resisting charge.
The State dropped the DUI.
Feb 13, 2025 Case: 24-CT-014431 Judge Scott
The defendant was stopped for almost crashing into an officer by violating his right of way. Officers noticed an odor of alcohol, slurred speech, and a tired/lethargic balance. He also had poor balance and admitted to drinking beer. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .110 and .110 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.
Feb 12, 2025 Case: A77GXKE Judge Vaccaro

Police got a call about a suspicious vehicle on the side of the highway. When the trooper arrived, he saw the defendant's vehicle on the side of the highway. At the same time, the defendant was inside an ambulance being evaluated by paramedics. The road ranger told the trooper that the defendant was sitting the driver's seat when he arrived. Officers made contact with the defendant and noticed an odor of alcohol, lack of balance, and thick tongued speech. He also had red/bloodshot eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later blew a .243 and .235 in the breath machine.
Parks & Braxton filed a pretrial motion to suppress the lawfulness of the arrest. In our motion, we alleged that under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime "in their presence." Here, the officer did not observe the defendant driving or in actual physical control when he arrived (i.e., the first element of a DUI). A civilian road ranger is not an officer so the fellow officer rule does not apply. After conversations with the State about the legal issue, the DUI was Dismissed.
The DUI was dismissed.
Feb 11, 2025 Case: 24-CT-011598 Judge Valkenburg
The defendant was stopped for failing to maintain a single lane (i.e. weaving). Officers noticed an odor of alcohol, slurred speech and bloodshot eyes. He also had fumbling fingers and exaggerated movements. Alcohol was found all over the car. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .088 and .088 in the breath machine.
Due to the .02 margin of error in the breath machine, we were able to place both breath results below the legal limit. After several negotiations regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502844 Judge Gonzalez
The defendant crashed his car into a concrete light pole. Officers noticed an odor of alcohol, slurred speech, and a sway to his stance. He also appeared unsteady, had bloodshot eyes, and dilated pupils. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
EMS was on scene and told the officers that the defendant appeared alert, oriented, answered all questions appropriately, and had a steady gait. This was all in contradiction to the officers' observations. In addition, the arresting officer stated that he conducted a DUI investigation, yet he never asked the defendant questions such as where he was coming from, where heading too, or if he even had a drink. He did not ask one question. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502019 Judge Gill
Police responded to a call regarding a drunk pedestrian (i.e. the defendant) that was stumbling around the restaurant parking lot trying to find his car and opening random car doors. Officers arrived and parked behind the defendant who was now in the driver's seat of his car. Officers knocked on the window and he rolled it down in response to their command. They noticed an odor of alcohol, slurred speech, and he appeared unsteady. The defendant stated he had drank two glasses of wine. He performed very poorly on field sobriety tests such as the HGN (eye test), walk and turn, finger to nose, and one leg stand. The walk and turn was actually terminated due to safety concerns as the defendant almost fell over. He was arrested for DUI and later blew a .170 and .164 in the breath machine. This was the defendant's Third DUI.

Since the caller was anonymous, the officers needed to have some type of corroboration of the defendant's intoxication in order to lawfully seize him. Here, the unlawful seizure, without corroboration, was blocking his car in and ordering him to roll down his window. Officers observed nothing prior to their actions. After conversations with the State regarding the actions by police, they Dropped his Third DUI.
The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502312 Judge Gonzalez
The defendant was stopped for weaving, running a red light, and having a defective headlight. Officers noticed an odor of alcohol, a disheveled look, she appeared confused, and had bloodshot eyes. Alcohol was found all over the car. The defendant performed very poorly on the field sobriety tests and was arrested for DUI. She 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.
Feb 5, 2025 Case: 24-CT-018325 Judge Gutman
The defendant was the at fault driver in a rear end traffic crash. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared confused, had a blank/dazed stare, exhibited poor balance, and had a lethargic appearance. He admitted to consuming a couple of beers. He refused to perform 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.
Feb 5, 2025 Case: 24-CT-012794 Judge Taylor

The defendant was stopped for weaving and nearly striking a vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had consumed several drinks prior to driving. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Many observations before and during the field sobriety tests written by the officer were contradicted by the video tape. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Feb 5, 2025 Case: 24-CT-503201 Judge Paluck
The defendant was stopped for having tinted windows too dark under Florida Law. Officers did not smell any alcohol, but noticed bloodshot eyes, an odor of burnt marijuana coming from the truck, bloodshot/watery eyes, and white foam on his lips. Believing that he was impaired by drugs, he was requested to perform field sobriety tests. He then performed the HGN (eye test), estimation of 30 seconds, finger to nose, walk and turn, and one leg stand exercises. According to the officer, he performed poorly and was arrested for DUI. He later provided a urine sample which revealed positive results from FDLE for marijuana and cocaine. This was the defendant's Second DUI.
Even though he tested positive for nonprescribed illegal drugs, the State still must prove that he was impaired. On tape, none of the defendant's normal faculties were impaired. In fact, the arresting officer can be heard on tape stating that he needed a DRE (drug recognition expert) to be sure that the defendant was impaired by the drugs. Well, no DRE was ever called. So, if the cop is not sure, then how can a jury convict? After conversations with the State, they Dismissed the Defendant's Second DUI.
The DUI was dismissed.
Feb 4, 2025 Case: 24-CT-002631CTAXMX Judge Hitzemann

The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that she had consumed five drinks while working in the yard earlier in the day. The defendant refused to perform roadside tests and was arrested for DUI. She later refused a breath test. This was her Second DUI.
On tape, the defendant's speech sounded normal and not slurred. She had no balance issues and was very responsive and coherent. After negotiations with the prosecutor, the State Dropped her Second DUI.
The State dropped the DUI.
Feb 4, 2025 Case: 24-CT-502497 Judge Swett
The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
The firm announced ready for trial. After negotiations with the prosecutor, the State Dropped the DUI.
The State dropped the DUI.
Feb 4, 2025 Case: 24-CT-013096 Judge Scott
The defendant was stopped for swerving, making a wide turn into oncoming traffic, and running a stop sign. Officers observed an odor of alcohol, slurred speech, and red/glassy eyes. After allegedly performing poorly on field sobriety tests such as the HGN (eye test), one leg stand, and walk and turn, he 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.
Jan 30, 2025 Case: 23-CT-021608 Judge Bonavita

Police dispatch was notified regarding a sick person passed out in a lane of travel. EMS found the defendant passed out in the car with it still in drive. Upon trying to awake the defendant, he tried to drive off with an EMS worker hanging on for almost 300 feet. Police arrived and noticed an odor of alcohol, glassy eyes, and slurred speech. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
When the DUI officer arrived, the defendant was already detained in handcuffs. The firm took a pretrial deposition of the first officer on scene. He stated that he was not the one who cuffed the defendant and did not know the officer's name who did. The firm then raised an issue with the State that the defendant was unlawfully detained and cuffed for no reason as no-one could explain why he was in handcuffs prior the DUI officer's arrival.
The State dropped the DUI.
Jan 30, 2025 Case: 24-CT-019490 Judge Bonavita
The defendant was stopped for speeding. Officers noticed an odor of alcohol and he stated he had consumed two vodkas. He had bloodshot eyes and slurred speech. He performed poorly on the 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 .207 and .194 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.
Jan 29, 2025 Case: 24-CT-018256 Judge Griner
A named citizen called police and stated that the defendant was swerving all over the road and cut him off. Officers conducted a traffic stop and observed an odor of alcohol, bloodshot eyes, and slurred speech. After performing various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew .189 and .182 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
The State dropped the DUI.
Jan 28, 2025 Case: 24-CT-002821 Judge K. Roberts
The defendant crashed his car into the center median and then a fence. There was heavy front-end damage to his car. Officers noticed an odor of alcohol and watery/glassy eyes. He 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.
Prior to trial, the firm pointed out to the State that on tape, his speech was normal, he was responsive and coherent, polite, and he had no balance issues. In addition, his field sobriety tests were much better on tape than as described in the police reports.
The State dropped the DUI.
Jan 23, 2025 Case: 24-MM-002668MMAXWS Judge Grey
The defendant was stopped for swerving and failing to maintain her lane. Officers noticed an odor of alcohol, slurred speech, and she was unsteady. She admitted to having drank alcohol and also stumbled. She refused to perform field sobriety tests and was arrested for DUI. She refused to get into the patrol car and was also charged with resisting an officer without violence. She 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 and she received no conviction on the resisting charge.
The State dropped the DUI.
Jan 23, 2025 Case: 24-CT-002005CTAXWS Judge Grey
The defendant was stopped for swerving, drifting in his lane, rapidly accelerating, following too closely, and almost striking another car. Officers observed an odor of alcohol and he admitted to consuming four beers. He also had slurred speech, dry mouth, watery eyes, and he made unusual/inconsistent statements. He was also unsteady and swayed while he stood. After performing HGN (eye test), the walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
After conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jan 23, 2025 Case: 24-CT-001584CTAXWS Judge Swett
Police were called to a McDonalds regarding drunk patron (i.e., the defendant). When police arrived, they came into contact with the defendant and smelled alcohol, observed slurred speech, and had an inability to walk without swaying. No one could find the keys to the car as the defendant had discarded them before the cops arrived. In a jail call later to his mother, he stated that he hid them. Officers went into McDonalds and saw the video of him behind the wheel. He refused to do roadside tests and was arrested for DUI. He later refused a breath test.
Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime "in their presence." Here, the officer did not observe the defendant driving or in actual physical control when he arrived (i.e., the first element of a DUI). Watching him on a McDonalds video is not in his presence. 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 Dropped.
The State dropped the DUI.
Jan 22, 2025 Case: 24-CT-013306 Judge Taylor
The defendant was stopped for running a stop sign and weaving. Officers noticed an odor of alcohol, slurred speech, confusion, and watery eyes. He admitted to drinking alcohol and had a wristband on from a bar. He 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.
The defendant's field sobriety tests on tape were much better than as described in the police reports. Also, his speech was not slurred on tape and he did not appear confused. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Jan 22, 2025 Case: 24-CT-013268 Judge Taylor
The defendant was stopped for speeding and also nearly striking a police car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He exhibited unsteady balance and admitted to having drank alcohol. He performed poorly on the roadside tests such as the walk and turn and one leg stand. He was arrested for DUI and later blew a .182 and .175 in the breath machine.
After negotiations regarding the defendant and evidence, the State Dropped the DUI.
The State dropped the DUI.
Jan 22, 2025 Case: 24-CT-013463 Judge Taylor
The defendant drove up to officers as they were on an unrelated traffic stop/crash scene. Officers approached him and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also urinated on himself and had an unsteady stance. He refused to perform 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 defendant and the evidence, they Dropped his Second DUI.
The State dropped the DUI.
Jan 22, 2025 Case: 24-CT-011540 Judge Bagge-Hernandez
The defendant was the at fault driver in a rear end traffic crash. Witnesses stated that she was driving at a high rate of speed and cutting across lanes of traffic prior to the accident. Officers noticed an odor of alcohol, slurred speech, and watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She 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.
Jan 21, 2025 Case: 24-CT-013299 Judge Gutman
The defendant was stopped after he was weaving and nearly struck a concrete barrier. Officers noticed an odor of alcohol, several open beer bottles in the cabin of the truck, and bloodshot eyes. His speech was slurred and he was unable to answer basic questions. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After several negotiations regarding the case, the State Dropped the DUI.
The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-010797 Judge Gutman
The defendant was stopped for swerving, running a stop sign, and speeding. Officers noticed an odor of alcohol, slurred/slow speech, and glassy eyes. He provided incorrect paperwork, swayed while he stood, and stated he had consumed three alcoholic beverages. After performing the HGN (eye tests), walk and turn, and one leg stand exercises, he 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.
Jan 21, 2025 Case: 24-CT-011792 Judge Gutman
The defendant was the at fault driver in a front bumper to front bumper crash because he was driving the wrong way. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant Second DUI.
Many observations written in the reports were contradicted by the video. After negotiations, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-013276 Judge Gutman
The defendant was stopped for making an illegal turn. The officer noticed an odor of alcohol, a tired/lethargic appearance, and slurred speech. He also had a blank/dazed stare, slow/deliberate movements, and watery eyes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .147 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.
Jan 21, 2025 Case: 24-CT-011420 Judge Gutman
The defendant was stopped for crossing over the double yellow lane divider. When running her tag, she had a suspended driver's license. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. During field sobriety tests, she was acting in a bizarre fashion by doing dance moves and air squats. She performed poorly and was arrested for DUI. She later refused a breath test.

After conversations about the case just prior to trial, the State Dropped the DUI.
The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-400419 Judge D. Johnson
The defendant was pulling out of a parking lot. Before pulling out, he reversed and backed up into a police car. Once out the car, the officer had him kneel on the ground. Due the defendant's "erratic behavior," the officer called for other officers and handcuffed him. Once other officers arrived, he was then placed in the back of patrol car while still cuffed. He was in the back seat cuffed for well over 30 minutes until a DUI officer arrived. Officers noticed an odor alcohol, he admitted to having drank two beers and taking illegal drugs, and he was argumentative. His speech was confused and rapid. He performed poorly on all the field sobriety tests and was arrested for DUI. He later blew a .137 and .136 in the breath machine.
The firm filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was illegally being seized by being cuffed not only from the beginning, but also while cuffed in the back of a patrol car for over 30 minutes without probable cause to believe that he was DUI. On video, the DUI officer arrived and even asked why was he in the back of the patrol car cuffed. The Judge agreed that he was unlawfully seized, granted the motion, and threw out all the evidence. The State then Dropped the DUI to a civil infraction of careless driving. No points, no conviction, and all the defendant had to do was pay a fine.
The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-047530 Judge Skinner
The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He appeared clumsy, swayed while he stood, and his movements were slow. The defendant stated that he had consumed multiple shots of vodka and drank beers. He performed very poorly roadside tests and was arrested for DUI. He later blew a .204 and .200 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.
Jan 21, 2025 Case: 24-CT-045137 Judge Skinner
Police were called to a hospital parking lot due to a male being passed out in his car with the engine running. The officer arrived and noticed the defendant slumped over the wheel. The officer got the defendant out of the car to check on his well-being. He noticed an odor of alcohol, glassy eyes, and pinpoint pupils. He was unsure, confused, and was very unsteady. He almost fell over and officers had to grab him to keep him from falling. The defendant stated he "was drunk as fuck." No roadside tests were conducted and he was arrested for DUI. He later blew a .313 and .310 in the breath machine (almost 4 times the legal limit).
The firm provided mitigation evidence to the State regarding the defendant. After reviewing the mitigation documents and many conversations with the prosecutor, the State Dropped the DUI.
The State dropped the DUI.
Jan 14, 2025 Case: 24-CT-502689 Judge George
The defendant was stopped for making an illegal U-turn. Officers observed an odor of alcohol, an odor of marijuana, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jan 14, 2025 Case: 24-CT-002096 Judge
The defendant was alleged to have been the at fault driver in a traffic crash. Officers noticed an odor of alcohol, a flushed face, swaying, and staggering. His speech was slurred and he appear disheveled. He performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
On video, the defendant was blaming his girlfriend as being the driver and she was blaming him for being the driver. The civilian witnesses could not make a positive ID who was driving at the time of the crash. The officers tried to pull video from the WAWA but couldn't. After negotiations, the State could not prove who was driving at the time of the crash and they Dismissed the DUI.
The DUI was dismissed.
Jan 10, 2025 Case: 24-CT-003245 Judge Gould
The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, sluggish speech, a flushed face, droopy/glassy eye lids, and he admitted to having consumed a beer and one Jack Daniels after playing golf. 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 refused a breath test.
The firm announced ready for trial. Just prior to the trial date, we pointed out to the State that the officer had the defendant, who is 71 years old, do the walk and turn and one leg stand, even though he told them on tape he had two hip replacements and ankle/foot issues. In addition, his speech was normal on tape and not sluggish, he was not off balance, totally responsive and coherent, and very polite. The firm had also listed the three witnesses who he had played golf with were ready to testify that the defendant was not impaired when he left the golf club just prior to the crash. The State Dropped the DUI a few days before the trial date.
The State dropped the DUI.
Jan 9, 2025 Case: 24-CT-502647 Judge Paluck

The defendant was involved in a traffic crash where she was found to not be at fault. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. She performed poorly on field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand, and was arrested for DUI. She later blew a .125 and .119 in the breath machine.
The firm provided mitigating evidence to the State regarding the defendant and they Dropped the DUI.
The State dropped the DUI.
Jan 9, 2025 Case: 24-CM-008904 Judge Scott
The defendant was stopped for speeding, weaving within his lane, and being over the lane markers. Officers noticed an odor of alcohol, confusion, bloodshot eyes, and he admitting to drinking alcohol. The defendant refused to perform 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.
Jan 9, 2025 Case: 24-CT-012609 Judge Rich
The defendant was stopped after traveling the wrong way on a one-way street. Officers observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He was unsteady and had a wristband on from a bar. He performed various field sobriety tests and was arrested for DUI. He later blew a .101 and .098 in the breath machine. This was the defendant's Second DUI.

On tape, the defendant's speech was not slurred and he was not unsteady. Many observations written in the police reports were contradicted by the video tape. In addition, due the .02 margin of error in the breath machine, we are able to place one of his breath results under the legal limit. The State Dropped his Second DUI.
The State dropped the DUI.
Jan 9, 2025 Case: 24-CT-012400 Judge Rich
The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy eyes, and slurred speech. He appeared unsteady and stated that he had consumed several drinks at a club. He performed poorly on roadside tests and was arrested for DUI. He later blew a .172 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.
Jan 9, 2025 Case: 24-CT-013684 Judge Rich
The defendant was stopped for swerving and straddling lane markers. Officers noticed an odor of alcohol, red/glassy eyes and he denied drinking alcohol. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. He later refused a breath test.
Many observations written about the defendant's performance on the roadside tests were exaggerated as compared to the video tape. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Jan 9, 2025 Case: 24-CT-012800 Judge Rich

Facts:

A call was made that the defendant appeared intoxicated at a convenience store. Officers found the defendant and observed an odor of alcohol, very slurred speech, and he was disoriented. He had bloodshot eyes and appeared unsteady. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
When officers located the defendant in the parking lot, they did not observe an indicators of intoxication. When they pulled up they turned their overhead lights on a blocked him in. Thus, the firm raised the issue with the State that there was an unlawful detention because one cannot feel free to leave when blocked in by a police car with lights on. The State Agreed and Dropped his Second DUI.
The State dropped the DUI.
Jan 8, 2025 Case: 24-CT-042515 Judge T. Brown
The defendant crashed his vehicle into a light pole. Officers noticed an odor of alcohol, watery eyes, slurred speech, and a flushed face. The defendant performed very poorly on field sobriety tests. He also admitted on video tape to being intoxicated. He was arrested for DUI and later blew a .161 and .160 in the breath machine.
After negotiations and providing mitigating evidence to the State, they Dropped the DUI.
The State dropped the DUI.
Jan 8, 2025 Case: 24-CT-042502 Judge T. Brown
The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and slow/lethargic movements. He also appeared clumsy and had bloodshot eyes. He performed poorly on 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.
Jan 8, 2025 Case: 24-CT-042259 Judge Koenig
Police were called to do a welfare check on the defendant as the defendant's ex-boyfriend stated she was going to do harm to herself. Officers responded and found the defendant in the driver's seat. They observed an odor of alcohol, slurred speech, and glassy eyes. An open container of wine was found in the front seat. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath. This was the defendant's Third DUI.
After discussions with State about the defendant and the underlying basis of welfare check call, the State Dropped the defendant's Third DUI.
The State dropped the DUI.
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