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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.
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.
Jan 8, 2025 Case: 24-CT-052043 Judge Musselman
Officers were called reference a suicidal person (i.e. the defendant). They found the defendant sitting in his running truck trying to get though a security gate. He had and odor of alcohol, slurred speech, glassy eyes, and slight confusion answering questions. He also staggered and swayed. He refused to get out of the car and was extracted. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After conversations with the State, about the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jan 8, 2025 Case: 24-CT-044719 Judge Musselman
The defendant was stopped for speeding. Officers noticed an odor of alcohol, mumbled speech, and a fixed gaze. She stated she had consumed two beers, swayed while she stood, and she used the car for balance. 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 several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Jan 8, 2025 Case: 23-CT-057754 Judge Musselman
Officers were called to a single motorcycle accident to which the defendant was driving. The defendant was taken to the hospital before officers arrived. After speaking to the witness who saw the crash and identified the defendant as the driver, officers then went to the hospital. They observed an odor of alcohol and he stated he had drank a few beers. No field sobriety tests were conducted due to him being in the hospital. Later on, the State attempted get his medical blood from the hospital. It revealed an alcohol level almost three times the legal limit( i.e. .213). He was then charged by the State with DUI.
After several conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Jan 7, 2025 Case: 24-CT-009580 Judge Valkenburg
The defendant was stopped for speeding. Officers noticed an odor of alcohol, red/glassy eyes, and he had a bracelet on his wrist from a bar. The defendant was argumentative, uncooperative, and refused to get out the car. He was eventually "escorted" out the car by police. He refused to perform any 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 7, 2025 Case: 24-CT-010712 Judge Valkenburg
The defendant was stopped for having a tag not assigned to his car. Officer noticed an odor of alcohol, eye lid tremors, and bloodshot eyes. The defendant stated he had just smoked pot earlier in the night. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later provided a urine sample, which after being tested at FDLE, was positive for marijuana.
The defendant’s performance on the field sobriety tests was much better on video than as described by the officer in the reports. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Jan 6, 2025 Case: 24-CT-002798 Judge Burns
The defendant's daughter called police stating that her mother (i.e. the defendant) was highly intoxicated and afraid she may hurt herself. Officers located the vehicle on the interstate and saw her weaving all over the road. Once stopped, officers noticed an odor of alcohol, bloodshot/watery eyes, her speech was incoherent/slurred, and she could not focus. She swayed, staggered, and was very off balance. She was only able to safely perform the HGN (eye test) and then was arrested for DUI. She later blew a .137 and .134 in the breath machine. This was the defendant's Second DUI.
The firm provided mitigating evidence to the State regarding the defendant and after negotiations, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Dec 19, 2024 Case: 24-CT-001459 Judge B. Jo Bell

The defendant was stopped for swerving all over. Officers observed an odor of alcohol, mumbled speech, and bloodshot eyes. He also appeared unsteady on his feet. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .091 and .088 in the breath machine.
When they do the monthly maintenance on the breath machines, they use various solutions to test the machine for alcohol. Those solutions must be with certain ranges. If the solutions are out of range, the machine should not pass. Here, the solutions were out of range, yet they still passed the machine during inspection. This was brought to the State's attention. After negotiations, they Dropped the DUI.
The State dropped the DUI.
Dec 18, 2024 Case: 24-CT-011951 Judge Taylor
The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred/thick tongued speech. He was lethargic and exhibited unstable balance. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.

On tape, the defendant's speech was normal, he was not unstable, and did not appear lethargic at all. Everything that the officer wrote was contradicted by the video tape. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Dec 12, 2024 Case: 24-CT-005660 Judge Scott
The defendant was involved in a crash whereby he backed into a pedestrian pushing a shopping cart in a Publix parking lot. Officers noticed an odor of alcohol, slurred speech, and droopy eyelids. He also swayed while he stood. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .133 and .130 in the breath machine.
On tape, the initial officer can be heard saying he didn't smell any alcohol, yet the defendant was being detained for a long time until a DUI officer arrived. We put forth that the defendant was being detained unlawfully without evidence that he was actually DUI.
The State dropped the DUI.
Dec 12, 2024 Case: 24-CT-008095 Judge Scott
The defendant was stopped for swerving all over the road. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on the field sobriety tests, which included the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI.
The State dropped the DUI.
Dec 12, 2024 Case: 24-CT-009426 Judge Scott
The defendant was stopped for speeding, weaving, and stopping over a stop bar at a red light. Officers observed an odor of alcohol, watery eyes, and slurred speech. He also had a wristband on from a bar. After performing poorly on field sobriety tests, he was arrested for DUI. He later blew a .166 and .164 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.
Dec 12, 2024 Case: 24-CT-008355 Judge Scott
The defendant was stopped after an officer observed him make a last second turn at a high rate of speed causing the defendant to take corrective action to regain control of the car. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a whiskey/ginger. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.

The police reports were contradicted by the video tape. The defendant performed much better on the field sobriety tests on tape than as described in the police reports. In addition, his speech was not slurred on tape.
The State dropped the DUI.
Dec 12, 2024 Case: 24-CT-049301 Judge Ingram
An officer heard the sounds of tires on gravel and screeching behind a Church and then saw the defendant pull out. He then observed the defendant braking excessively. Upon stopping the defendant, the officer noticed an odor of alcohol and slurred/mumbled speech. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
During negotiations with the State, we pointed out that there was no legal basis to stop the defendant, as there was no infractions and no reasonable suspicion to believe that he was impaired. In addition, the officer never even placed the defendant in front of the dash camera prior to arresting him. Additionally, one could hear the defendant off camera and his speech sounded perfectly normal. There was a complete lack of evidence and the State Dismissed the DUI.
The DUI was dismissed.
Dec 12, 2024 Case: 24-CT-042269 Judge Koenig
The defendant was stopped for weaving and continuously riding on the white line on the right-hand shoulder. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she fumbled with her documents. After performing various field sobriety tests, she was arrested for DUI. She later blew a .101 and .100 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.
Dec 12, 2024 Case: 24-CT-029763 Judge Koenig
The defendant crashed his car and it ended up in a ditch. The vehicle was totally destroyed. Officers noticed an odor of alcohol, bloodshot eyes, and he appeared unsteady. He appeared drowsy, disoriented, and clumsy. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Dec 12, 2024 Case: 24-MM-023256 Judge Jacobus
The defendant was so intoxicated that he called the police saying he was being battered by staff members at a bar. When police arrived, the bouncers told the cops that the defendant consumed several drinks and was told not to drive. The police tried to stop the defendant, but he drove off, ran a stop sign, and turned off all his lights to avoid detection. When they eventually got him stopped, they smelled alcohol, noticed a flushed face, he had slurred speech, and he appeared clumsy. He also stumbled, swayed, and staggered. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test. He was also charged with resisting an officer without violence for not wanting to be cuffed or get into the police car.
After negotiations with the State regarding the evidence and providing them mitigation on behalf of the defendant, the State Dropped the DUI and they also Dismissed the Resisting charge.
The State dropped the DUI.
Dec 12, 2024 Case: 24-CT-0435503 Judge Taylor
A call went out about a possible intoxicated driver. Officers spoke with the complainant and they stated that the was in the bar, appeared intoxicated, buying beer, and ordering takeout. The officer saw the defendant walk out to his car and appear very unsteady. He watched him pull out and then the defendant ran a stop sign. Upon contact the officer observed an odor of alcohol, watery eyes, and slurred speech. He appeared confused, clumsy, and disheveled. After performing poorly on the field sobriety tests, he was arrested for DUI. He later blew a .232 and .228 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.
Dec 12, 2024 Case: 24-CT-041430 Judge Jacobus
The defendant was stopped for driving with no headlights and running a red light. Officers observed an odor of alcohol, glassy/bloodshot eyes, and he appeared unsteady. 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.
On tape, the defendant’s speech was normal, he was not unsteady, appeared responsive and coherent, and had no balance issues. He performed very well on the roadside tests on tape versus what was written. After conversations with the State, they Dropped the DUI.
The State dropped the DUI.
Dec 12, 2024 Case: 24-CT-039544 Judge Jacobus
The defendant was stopped for driving under the speed limit and also failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated that he had consumed some drinks. After performing various roadside tests such and the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew a .108 and .097 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.
Dec 12, 2024 Case: 24-MM-039521 Judge Baker

The defendant was found by police slumped over the wheel of her car and unconscious. Officers noticed an odor of alcohol, watery eyes, and her movements were slow. The defendant started to walk away and refused to listen. She was continually yelling and was uncooperative. She was handcuffed and charged with DUI and resisting an officer without violence. She later refused a breath test.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI and Dismissed the resisting charge.
The State dropped the DUI.
Dec 10, 2024 Case: 24-CT-007527 Judge Gutman
The defendant was stopped for weaving all over the roadway. Once stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. Once out of the car, she appeared unsteady. She refused to perform any field sobriety tests other than HGN (eye test). She was arrested for DUI. The defendant had a CDL license and later refused a breath test.
After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Dec 10, 2024 Case: 24-CT-008934 Judge Gutman
The defendant was stopped for running two stop signs. Officers observed an odor of alcohol, slow/lethargic movements, and red/glassy eyes. His speech was also slurred. 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.
On tape, the defendant's speech was not slurred and he did not move slow or lethargically. After pointing this out to the State, along with a lack of other evidence of impairment, the State Dropped the DUI.
The State dropped the DUI.
Dec 10, 2024 Case: 24-CT-005390 Judge Farr
The defendant was stopped for swerving all over the road. Officers noticed an odor of alcohol, unsteadiness, and glassy eyes. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
Due to a lack of probable cause to arrest based on the video tape evidence, the State Dropped the DUI after negotiations.
The State dropped the DUI.
Dec 10, 2024 Case: 24-CT-004908 Judge Farr
The defendant was stopped for speeding, weaving, and driving on the wrong side of the road. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Due to evidentiary issues raised by the defense regarding the lack of evidence, the State Dropped the DUI and he received no criminal conviction or further penalties other than court costs.
The State dropped the DUI.
Dec 10, 2024 Case: A77HLSE Judge Vaccaro
The defendant was the at fault driver in a traffic crash whereby he slammed into a light pole. Officers noticed an odor of alcohol and marijuana. His eyes were glassy and bloodshot and he exhibited slurred speech. The defendant performed very poorly on the walk and turn and one leg stand exercises and was arrested for DUI. He later refused a breath test.
After conversations with the State, we pointed out that any impairment observed could have just as easily been attributed to a bad crash versus alcohol. After negotiations with the State, they Dropped the DUI.
The State dropped the DUI.
Dec 10, 2024 Case: AFWDDLE Judge Lawhorne
The defendant was stopped for failing to yield while making a left turn. Officers observed an odor of alcohol and glossy/red eyes. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
After conversations with the State regarding the lack of evidence that the defendant's normal faculties were impaired, the State Dropped the DUI.
The State dropped the DUI.
Dec 6, 2024 Case: AI9MJPE Judge Hessinger

The defendant was involved in a traffic crash. Officers observed an odor of alcohol, mumbled/slurred/stuttered speech, a visible sway, and bloodshot/glassy eyes. He also had a stagger to his walk. The defendant agreed to perform the HGN (eye test) but refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The firm announced ready for trial. Before the trial date, we pointed out that the defendant was not the at fault driver. In fact, the officers concluded that the other driver ran the intersection and t-boned the defendant. Also, on tape, the defendant's speech was normal and he didn't stagger. Any sway observed on tape could just have been as easily attributed to the defendant being t-boned in a crash versus alcohol impairment. The firm also provided medical records of the defendant, stemming from the crash, to the State showing that the defendant had received injuries to his body and head. The State Dropped the defendant's Second DUI prior to the trial date.
The State dropped the DUI.
Dec 6, 2024 Case: AIQEZGE Judge Komninos
The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and mumbled/incoherent speech. She stumbled, swayed, and appeared clumsy. She also exhibited mood changes going from polite to belligerent to indifferent. She refused to perform field sobriety tests and was arrested for DUI. While in the back seat of the patrol car, she was cursing and kicking the door and the divider between the front seat and back seat. She later refused a beath test.
After conversations with the State regarding the evidence itself and providing mitigating evidence on behalf of the defendant, the State Dropped the DUI.
The State dropped the DUI.
Dec 5, 2024 Case: 24-CT-013300 Judge Rich
The defendant was stopped after he ran multiple stop signs. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had just came from a bar and had drank alcohol. 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 .156 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.
Dec 5, 2024 Case: 24-CT-014232 Judge Farr
The defendant was stopped for running a stop sign. Officers observed an odor of alcohol, slurred speech, tired/lethargic movements, and bloodshot eyes. After performing various field sobriety tests such a HGN (eye test), walk and turn, and the one leg stand, he was arrested for DUI. He later blew a .149 and .132 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.
Dec 5, 2024 Case: 23-009941MM10A Judge Diaz
Two officers had a car pulled over. The defendant was observed failing to slow down or move out of the way and nearly struck the police. The officers then observed the defendant driving on two flat tires. The defendant was alleged to stumble out of the vehicle. The officers observed slurred speech, bloodshot eyes and a strong odor of alcohol on her breath. The defendant refused to participate in any field sobriety tests, and allegedly stated she was not going to do the exercises because she was drunk. She was arrested for DUI and refused to perform a breath test.
The statement admitting to being drunk was not captured on video. In addition, all of the times on the citations and police reports as well as the refusal affidavit were inconsistent. The officer went out of his way to prevent the defendant from being placed on video, including failing to call for a police unit with a car cam video. Parks & Braxton announced ready for jury trial. The prosecutor dropped the DUI on the morning of trial. The defendant walked away with no conviction for any crime on her record.

The State dropped the DUI.
Nov 22, 2024 Case: 24-CT-012829 Judge Gutman
The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, slurred speech, fumbling fingers, and slow/deliberate movements. He also appeared confused and had a blank/dazed stare. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .113 and .109 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.
Nov 22, 2024 Case: 24-CT-009411 Judge Gutman
The defendant was the at fault driver in a sideswipe crash. When officers arrived, they noticed very slurred speech, unsteadiness, and she kept making moaning noises. There was no odor of alcohol, but they believed she was impaired by drugs. She performed very poorly on roadside tests and was arrested for DUI. She later refused a urine test.
Under Florida law (i.e. the DUI statute: 316.1 93) to prove DUI, the State must prove one is impaired by either alcohol, a specific controlled and/or a chemical substance. One cannot just be impaired by something like a bad banana. Here, since there was no odor of alcohol, no alcohol found, no mention of drugs, and no urine test, the State could not prove by what was impairing her.
The DUI was dismissed.
Nov 21, 2024 Case: 24-CT-001224 Judge Poblick

The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, and a sway to his stance. 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.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 20, 2024 Case: 24-CT-011917 Judge Gutman
The defendant was stopped for driving northbound in the southbound lane. Officers noticed an odor of alcohol, red/glassy eyes, and lethargic movements. The defendant performed various field sobriety tests and was arrested for DUI. She later blew a .134 and .133 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.
Nov 20, 2024 Case: 24-CT-012938 Judge Gutman
The defendant was stopped for speeding. Officers observed an odor of alcohol, watery eyes, and a blank/dazed look. They also noticed confusion, slurred speech, poor balance, and poor coordination. 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 video totally contradicted the police reports. On tape, his speech was not slurred, he was not confused, and had no balance or coordination issues. He performed much better on the field sobriety tests than as described in the reports. After discussions with the State, they Dropped the DUI.
The State dropped the DUI.
Nov 14, 2024 Case: AJF4C4E Judge Komninos

A concerned citizen called 911 stating that the defendant was sitting in his car drinking alcohol. Officers arrived and made contact with the defendant who was sitting in his car. Officers noticed alcohol (beer and whiskey) on the front passenger seat and as well as the front seat cup holder. They observed the defendant to have an odor of alcohol, bloodshot eyes, and he stated that he had drank 4-5 beers. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .133 and .138 in the breath machine.

After negotiations with the State regarding the evidence and the DUI, the State Dropped the DUI.
The State dropped the DUI.
Nov 14, 2024 Case: AITIJEE Judge Komninos
Officers were called to a gas station for a suspicious activity call. Upon arrival, they saw the defendant and his truck with a flat tire on a rim. An independent witness stated that they saw the defendant drive in on the flat. Officers saw gauge marks in the pavement and pieces of the truck were found down the road. Thinking that he had been involved in a crash, officers then yelled at the defendant to stop and talk to them. He didn't hear them and was tackled into the glass door of the gas station breaking the glass door. After tackling him, they noticed an odor of alcohol, unsteadiness, and bloodshot eyes. He refused to perform roadside tests and was arrested for DUI as well as resisting an officer without violence. He later refused a breath test.
It was obvious on tape that the defendant did not hear the officers and he was pummeled for no reason. After being tackled, within seconds they charged him with DUI. On tape, the defendant was not unsteady and his speech was normal. The State Dropped the DUI and the resisting charge was dismissed.
The State dropped the DUI.
Nov 14, 2024 Case: AJF4BPE Judge Komninos
The defendant was stopped for driving into oncoming traffic. Officers noticed an odor of alcohol, watery/glassy eyes, and he staggered and swayed. The defendant stated that he had drank a few beers. He then performed various roadside tests such as the walk and turn, one leg stand, finger to nose, and alphabet. He was arrested for DUI and later blew a .147 and .146 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Nov 14, 2024 Case: AIQEVVE Judge Komninos
The defendant crashed his car into multiple street signs and left the scene. Officers located the defendant and noticed an odor of alcohol, bloodshot eyes, mumbled speech, and he appeared unsteady. He performed poorly on roadside tests and was arrested for DUI and leaving the scene of an accident. He later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI and also dropped the leaving the scene of an accident charge.

The State dropped the DUI.
Nov 14, 2024 Case: AJEUA1E Judge Komninos
The defendant was stopped for stopping over the stop bar, weaving, and having trouble maintaining a steady speed. Officers noticed watery/glassy eyes and slurred speech. When the officer attempted to begin the HGN (eye test), the defendant ran to the front of her car and tried to make herself regurgitate by sticking her finger in her throat. Believing she was impaired by drugs, she then performed the walk and turn, one leg stand, and finger to nose exercises. She also stated that she takes several prescribed medications. She was arrested for DUI and later provided a urine sample which came back positive from FDLE for Klonopin and Oxycodone.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.

The State dropped the DUI.
Nov 14, 2024 Case: 24-CT-002506 Judge Scott
The defendant was the at fault drive in a sideswipe crash. Officers noticed an odor of alcohol, slurred speech ,and glassy eyes. He also had difficulty balancing himself while he walked and was very unsteady. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI arrest (one prior conviction for DUI) and he was also charged with Refusing a Breath Test for the second time.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 14, 2024 Case: 24-CT-003029 Judge Scott
The defendant was found passed out in his car at a green light. Cars were driving around him because he obviously wasn't moving. The officer noticed an odor of alcohol, glossy eyes, and slurred speech. His movements were slow and lethargic. The defendant refused to perform field sobriety tests and was arrested for DUI. He later agreed to take a breath test and blew a .165 and .164 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.
Nov 13, 2024 Case: 24-CF-057438 Judge Henderson
The defendant was stopped for driving erratically. Officers noticed an odor of alcohol, glassy eyes, and mumbled/slurred speech. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. A baggie was found with cocaine on the passenger seat. The defendant was also charged with felony possession of a controlled substance.
After several conversations with the State, we pointed out that the alleged driving pattern was not on tape and very vaguely described. Thus, we pointed out that the stop may be unlawful. The State dropped the DUI and additionally reduced the felony possession charge to a misdemeanor charge.
The State dropped the DUI.
Nov 12, 2024 Case: 24-CT-001187 Judge Farr
The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, a flushed face, and glassy eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .081 and .081 in the breath machine. This was the defendant's Second DUI.
Many of the written observations were over exaggerated and were contradicted the video. In addition, with the .02 margin of error in the breath machine, we were able to place the defendant breath test results under the legal limit. The State Dropped her Second DUI.
The State dropped the DUI.
Nov 12, 2024 Case: 24-CT-006956 Judge Farr

The defendant was stopped for weaving and having an inoperable taillight. Officers noticed an odor of alcohol, slurred speech, and sluggish movements. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .192 and .187 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.
Nov 12, 2024 Case: 24-CT-007117 Judge Farr
The defendant was stopped for having an inoperable headlight. Officers observed an odor of alcohol, bloodshot eyes, and he admitted to having drank beer and mojitos. He then performed the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
The firm pointed out to the State that prior to field sobriety tests, the defendant did not appear impaired. Additionally, he performed much better on the field sobriety tests than as described in the police reports. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Nov 12, 2024 Case: 24-CT-004297 Judge Farr
The defendant was stopped for speeding and running a red light. Officers noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated that he had consumed a couple of beers. He then performed various roadside 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.
Nov 6, 2024 Case: 24-CT-010565 Judge Taylor
The defendant was found passed out in his car with the vehicle at rest facing perpendicular to a tree. Upon awakening the defendant, the officer noticed an odor of alcohol, droopy eye lids, slurred speech, and watery/bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .158 and .158 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.
Nov 6, 2024 Case: 24-CT-011027 Judge Taylor
The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant stated he had consumed three to four drinks. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .185 and .168 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.
Nov 6, 2024 Case: 23-CT-014076 Judge Taylor
The defendant was stopped for weaving. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated that he had consumed four drinks. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
After discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Nov 6, 2024 Case: 24-CT-012671 Judge Taylor
The defendant was stopped for crossing over into oncoming traffic at a high rate of speed. Officers observed an odor of alcohol,
glassy eyes, slurred speech, and he appeared unsteady. He also had a wristband on from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .113 and .113 in the breath machine.
On tape, the defendant's speech was not slurred and he was not unsteady. His performance on the roadside tests was much better on tape than as described in the police reports. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Nov 6, 2024 Case: 23-CT-010236 Judge Taylor
The defendant was stopped for disobeying the right of way at a traffic control device, by making an illegal U-turn. Officers noticed an odor of alcohol, glossy eyes, and lethargic movements. The defendant admitted to having drank one cocktail. He performed the HGN (eye test), walk and turn, and one legs stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.

The firm provided the State with the defendant's medical records revealing he had numerous prior injuries which would have caused him to not perform well on the roadside tests. Thus, there was doubt as to whether any impairment was due to his injuries versus alcohol. The State Dropped his Second DUI.
The State dropped the DUI.
Nov 5, 2024 Case: 23-008647MU10A Judge Brown
The defendant was observed passed out behind the vehicle while in the middle of an intersection. When the officers would attempt to wake the driver he would remove his foot from the brake and the car would continue to roll forward. Eventually, the defendant exited the car and was extremely unsteady on his feet. The defendant had slurred speech , and he had difficulty spelling his own name. The defendant performed poorly on each of the field sobriety exercises and was arrested for DUI. At the breath alcohol testing facility the defendant blew .000 and subsequently provided a urine sample. The urine revealed a positive test for alprazolam (Xanax). All of the above facts were captured on video.
Parks & Braxton announced ready and set the case for jury trial. On the morning of trial the prosecutor took into consideration the defendant's age and prior record and agreed to drop the DUI. Despite the extremely poor performance on the video, the defendant walked away with no DUI on his record.
The State dropped the DUI.
Nov 4, 2024 Case: 24-CT-035518 Judge Ingram
The defendant was stopped for driving too slow and weaving. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He stated he that he had drank two beers, had fatigued movements, exhibited slow responses, and fumbled with his items. The defendant then performed various roadside tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test.
An officer from outside his own jurisdiction stopped the defendant. He then called for an officer within the correct jurisdiction to conduct the DUI investigation and make the arrest. The firm raised issues about the lawfulness of the traffic stop by an officer acting outside his jurisdictional limits. The State agreed ad Dropped the DUI.
The State dropped the DUI.
Nov 4, 2024 Case: 24-CT-034478 Judge Ingram
The defendant was stopped for driving without lights after dark. Offices noticed an odor of alcohol, enlarged pupils, clumsy dexterity, and his shirt was on inside out. The defendant also had slurred speech and bloodshot eyes. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .223 and .222 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.
Nov 4, 2024 Case: 24-CT-036477 Judge Ingram

The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy/bloodshot eyes, and the defendant stated that he had consumed three beers. The defendant also swayed while he stood and was slow while he walked. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.

After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Oct 31, 2024 Case: 24-CM-006218 Judge Farr

The defendant was stopped for driving with no lights after dark. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had a wristband on from a bar. The defendant performed poorly on field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. While being arrested for DUI, he pulled way, defied orders to stop moving his arms and would not allow the officers to place him in the back of patrol car. He was also charged with resisting an officer without violence. He later refused a breath test.
After several discussions with the State about the defendant and the evidence, the State Dropped the DUI and Dismissed the Resisting charge.
The State dropped the DUI.
Oct 31, 2024 Case: 24-CT-008062 Judge Taylor
The defendant was stopped after he reversed out of a parking lot across all lanes of traffic and nearly struck a curb. Officers noticed an odor of alcohol, red/watery eyes, a sleepy appearance, and he made lethargic movements. He performed poorly on roadside tests and was arrested for DUI. He later blew a .202 and .195 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.
Oct 31, 2024 Case: 24-CT-007545 Judge Taylor
The defendant crashed his car into a tree. Officers observed an odor of alcohol, glassy/watery eyes, slow/slurred speech, and lethargic movements. He also appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .101 and .100 in the breath machine.

On tape, the defendant was covered in blood on his face and clothes. We pointed out to the State that any impairment such as slurred speech, unsteadiness, and lethargic movements could have just as easily been attributed to the crash versus alcohol. Also, the fact the officer did not administer any nonphysical tests was ridiculous as the defendant was covered in blood. The State agreed and Dropped the DUI.
The State dropped the DUI.
Oct 31, 2024 Case: 24-CT-007531 Judge Taylor
The defendant was stopped for driving westbound in the eastbound lanes of travel on the rim of his passenger tire. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He also had a flushed face, appeared unsteady, and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .200 and .189 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.
Oct 28, 2024 Case: 24-CT-502009 Judge Swett
The defendant was stopped for driving 120 mph in a 70 mph zone. Officers also thought he was racing another car. The defendant was immediately placed into handcuffs upon contact. They noticed an odor of alcohol, bloodshot/glassy eyes, and mumbling/slurred speech. The defendant appeared unsteady, swayed, and was slow to respond. After performing various field sobriety tests such a HGN (eye test), the walk and turn, and one leg stand, he was arrested for DUI. He was also charged with racing on the highway. The defendant later refused a breath test.

On tape, the officer had no clue how to position his dash camera so we could fully see all the roadside tests. On the walk and turn and one leg stand, we could not see the defendant's knee down. In addition, on tape, his speech was normal and he was not off balance. The State Dropped the DUI and Dismissed the racing charge.
The State dropped the DUI.
Oct 28, 2024 Case: 24-CT-005085 Judge Farr
Police were called to an assault and battery call at a Circle K convenience store. The defendant was allegedly involved in an altercation. When officers arrived, the defendant was sitting in her vehicle. They noticed an odor of alcohol, watery eyes, slurred speech, and she appeared unsteady. She refused to perform roadside tests and was arrested for DUI. She later refused a breath test.
On tape, her speech was not slurred and she was not unsteady. In fact, she was sitting the curb the entire time while officers investigated. We pointed out to the state there was a complete lack of evidence and no probable cause to even arrest her. The State agreed and the DUI was Dismissed.
The State dropped the DUI.
Oct 18, 2024 Case: 24-CT-038882 Judge Koenig
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he appeared confused. The defendant stated that he had consumed three beers. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .200 and .202 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Oct 18, 2024 Case: 24-CT-033037 Judge Koenig
The defendant was stopped driving 93 mph in a posted 65 mph zone. Officers observed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that he had drank two beers and also had difficulty locating his items. After performing various roadside tests, he was arrested for DUI. He later blew a .127 and .126 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUII.
The State dropped the DUI.
Oct 18, 2024 Case: 24-CT-034477 Judge Koenig
The defendant was stopped after he was observed driving the wrong way down a one-way street. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and he stated he had drank two beers. He appeared unsteady, moved slowly, and also swayed while he stood. He then performed various field sobriety tests such as the walk and turn and one leg stand. He was arrested for DUI and later refused a breath test.
Many observations written in the police reports were contradicted by the video tape. After pointing those out to the State, they Dropped the DUI.
The State dropped the DUI.
Oct 18, 2024 Case: 24-CT-030271 Judge Koenig
The defendant crashed his car and then left the scene of the accident. When officers found him, they noticed visible truck damage, an odor of alcohol, slurred/mumbled speech, and his pants hanging down. He fumbled with his items and stumbled outside the truck. The defendant refused to do any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI.
When officers finally located the defendant, he was sitting in the passenger seat of the damaged truck, the door was open, and the truck was off. The defendant had the keys in his pocket. Officers were on body worn camera trying to find the witness who saw him driving at the time of the crash, but could not find anyone who could ID him as the driver. In fact, on tape, officers can be heard stating that nobody can identify him. Since the State could not place him in actual physical control of the time of accident, as well as the fact that he was sitting in the passenger seat of a running truck, they Dropped the defendant's Third DUI.
The State dropped the DUI.
Oct 17, 2024 Case: 24-CT-001295 Judge Grey
The defendant was stopped for continuously failing to maintain his lane of travel as he crossed over the dotted lines numerous times. Officers noticed an odor of alcohol, a pale/flushed face, and slurred speech. When asked where he was coming from, he replied "I am going home." He also stated that he had drank a couple of beers. The defendant performed the HGN (eye test) and also started to do the walk and turn. As he started to do the walk and turn, he started laughing and refused to continue. He was arrested for DUI and 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.
Oct 15, 2024 Case: 24-CT-003028 Judge Rich
The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but observed watery eyes, slurred/delayed speech, and she appeared unsteady. She had fumbling fingers and a loss of her fine motor skills. Believing she was impaired by drugs and not alcohol, she was asked to perform field sobriety tests. She refused and was arrested for DUI. She later provided a urine sample which came back positive for Xanax. This was the defendant's second DUI.

The firm provided medical records to the State showing she had medical conditions which caused her to appear unsteady and have slurred speech. In addition, she was also prescribed the Xanax. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Oct 15, 2024 Case: 24-CT-021287 Judge T. Brown

The defendant crashed into a car at the complex where he lives and police were called to the scene. They observed an odor of alcohol, glassy/watery eyes, and incoherent/slurred speech. He was unable to stand without assistance. The defendant refused to perform roadside 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 and he was not off balance or unsteady. After negotiations, the State Dropped the DUI.
The State dropped the DUI.
Oct 15, 2024 Case: 22-009277MU10A Judge Diaz
The defendant was stopped for both running a red light as well as speeding. The defendant was pulled over in a bank parking lot. The officer asked for the defendant's driver's license and stated that the defendant provided a debit card instead. The officer stated he observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer asked the defendant to exit the vehicle in order to perform a series of field sobriety tests. By this time, a second officer arrived on scene to observe the investigation. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. The defendant was arrested for DUI. At the breath facility the defendant initially agreed to perform the breath test, but later refused when the police would not allow her to contact a lawyer for advice.
Prior to trial, Parks & Braxton took depositions of both officers that were on scene. While both agreed that the defendant had an odor of alcohol as well as slurred speech, their recollection of the defendant's performance on the field sobriety tests were completely inconsistent. The officers had no video at the scene, and the video at the breath alcohol testing facility was supposedly broken. Parks & Braxton then filed a motion to compel the repair order for the video camera. Next, Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest. At the motion, the officer admitted that some of his testimony was inconsistent with prior testimony that he gave in the deposition. After the motion, the DUI was dropped.
The State dropped the DUI.
Oct 15, 2024 Case: 22-009277MU10A Judge Diaz
The defendant was stopped for both running a red light as well as speeding. The defendant was pulled over in a bank parking lot. The officer asked for the defendant's driver's license and stated that the defendant provided a debit card instead. The officer stated he observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer asked the defendant to exit the vehicle in order to perform a series of field sobriety tests. By this time, a second officer arrived on scene to observe the investigation. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. The defendant was arrested for DUI. At the breath facility the defendant initially agreed to perform the breath test, but later refused when the police would not allow her to contact a lawyer for advice.
Prior to trial, Parks & Braxton took depositions of both officers that were on scene. While both agreed that the defendant had an odor of alcohol as well as slurred speech, their recollection of the defendant's performance on the field sobriety tests were completely inconsistent. The officers had no video at the scene, and the video at the breath alcohol testing facility was supposedly broken. Parks & Braxton then filed a motion to compel the repair order for the video camera. Next, Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest. At the motion, the officer admitted that some of his testimony was inconsistent with prior testimony that he gave in the deposition. After the motion, the DUI was dropped.
The State dropped the DUI.
Oct 8, 2024 Case: 23-013324MU10A Judge Brown
The defendant was involved in a crash whereby he struck another vehicle from behind on the highway. Upon initial contact with the defendant, the Trooper stated he observed a strong odor of alcohol, a pale face, slurred speech, and glassy bloodshot eyes. In addition, the Trooper stated that the defendant seemed lethargic and disoriented as he spoke. The Trooper then interviewed an independent witness who said the defendant was all over the road just prior to the crash. The defendant refused to perform any field sobriety tests and was arrested for DUI. The defendant refused to provide a breath test. This was the defendant's second DUI with a crash.

Since the DUI investigation took place on the side of the highway it was extremely noisy. As a result, it was difficult to hear the defendant's voice on video to determine if it was consistent with the Trooper's observations. In addition, the Trooper failed to capture the interview on video from either the victim in the crash or the independent witness. Counsel subpoenaed the Trooper to come into court and detail the exact conversations that took place with the witnesses and defendant on scene since the video was inaudible. The Trooper testified that he did not have an independent recollection of each conversation, and as a result, the prosecutor was limited in terms of the evidence that was available. Parks & Braxton set the case for jury trial. The DUI was dropped on the morning of trial.
The State dropped the DUI.
Oct 7, 2024 Case: 24-CT-501336 Judge Gonzalez
The defendant was involved in a traffic crash whereby his vehicle had rolled over. Officers noticed an odor of alcohol, watery eyes, and slurred speech. EMS was on scene trying to treat the defendant. The defendant performed various field sobriety tests such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The defendant was just involved in a bad rollover accident and officers were trying to have him stand on one leg and walk a line. In fact, EMS had put a neck collar on him. The defendant was also transported to the hospital for treatment. We pointed out that any impairment could have been equally due to injuries from the crash versus alcohol. The State agreed and Dropped the defendant's Second DUI.
The State dropped the DUI.
Oct 2, 2024 Case: 24-CT-003463 Judge Gutman
The defendant was found by the police sleeping in his car which was parked slightly in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and he was unsteady on his feet. He refused to perform any roadside tests and was arrested for DUI. He alter blew a .082 and .080 in the breath machine.

The firm pointed out that with the .02 margin of error in the breath machine, his breath test results could have been under the legal limit. Additionally, we pointed out to the State that the defendant was not in actual physical control because he could not have the "capability" to operate the motor vehicle while sleeping.
The State dropped the DUI.
Oct 2, 2024 Case: 24-CM-004058 Judge Gutman
The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the HGN (eye test), walk and turn, and one leg sand exercises, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI and the Second time the firm has represented him. He was also charged with refusing a breath test for the second time.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. It should be noted that the firm also beat the defendant's last DUI as well. He received no penalties the second refusal charge other than court costs.
The State dropped the DUI.
Sep 25, 2024 Case: 24-CT-007592 Judge Stone
The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, red/glossy eyes, slurred speech, and the defendant had trouble producing her items for the police. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI.
The firm pointed out inconsistencies between the police reports and the video tape to the prosecutor. For example. her speech was not slurred and her driving pattern was overexaggerated. After a few conversations, the State Dropped the Defendant's Third DUI.
The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-008455 Judge Farr
The defendant was sitting in his car blasting music in a high traffic/pedestrian area. Officers walked up to his car to speak with him. They noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had a dazed/blank stare, poor coordination, poor balance, and a lethargic appearance. The defendant performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.

After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-006170 Judge Scott
The defendant was stopped for running a red light. Officers observed an odor of alcohol, glassy eyes, and bar bracelet on his wrist. He also appeared confused, unsteady, and admitted to drinking alcohol. After performing various field sobriety tests, he was arrested for DUI. He later blew a .132 and .130 in the breath machine.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-004112 Judge Scott
The defendant crashed his car into a guardrail. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was argumentative. 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.
The officer wrote how the defendant performed very poorly on the roadside tests. That alleged performance was contradicted by the video tape whereby the defendant performed extremely well. In addition, the cop was blasting his engine so loud, no one could even hear what was being said on scene.
The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-006044 Judge Farr

The defendant was seen by an officer backing up his Jeep into a parking space with no lights after dark. When the officer approached, he noticed an odor of alcohol, glassy eyes, and slurred speech. He was unsteady and had to lean on the Jeep for balance. The defendant refused to perform any roadside tests, was arrested for DUI and later refused a breath test.

On tape, the defendant did not appear unsteady and his speech was not slurred. There was also no driving pattern. Due to a lack of evidence to establish probable cause, the State Dropped the DUI.
The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-034721 Judge Musselman
The defendant was stopped for driving with his taillights off. The officer noticed an odor of alcohol. He was unable to hold a conversation, droopy eyelids, and bloodshot eyes. The defendant admitted to having consumed two beers. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
The entire DUI investigation took place while the defendant was seated in his car. As soon as the defendant said that he would not perform field sobriety tests, he was arrested for DUI. On tape, he did not appear impaired. After negotiations with the State, they Dropped the DUI down to a Civil careless driving infraction.
The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-008049 Judge Weis
The defendant was found by police passed out in his truck with the vehicle on, gear shifter in park, and keys in the ignition. He was parked in a parking lot. Upon awakening him, the officers noticed an odor of alcohol, watery/glassy eyes, and extremely slurred speech. He performed very poorly on roadside test and was arrested for DUI. He later refused a breath test.
After conversations with the State, we pointed out that the defendant was trying to do the right thing by sleeping it off and not driving. After negotiations, they Dropped the DUI.

Result:

The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-007603 Judge Weis
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had drank three whiskey and Cokes. He also stated that he is "fucked up naturally." He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
After conversations with the State regarding the evidence and defendant, the State Dropped the DUI.
The State dropped the DUI.
Sep 17, 2024 Case: 24-CT-025353 Judge Ingram
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and watery/glassy eyes. His movements were sluggish and slow. 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 written by the officer were contradicted by the video tape. For example, the defendant's speech was not slurred and he did not move around slow or sluggishly. Also, his performance on the field sobriety tests was much better on tape than as described in the reports.
The State dropped the DUI.
Sep 17, 2024 Case: 24-CT-030032 Judge Ingram
The defendant was stopped for speeding. The officer noticed an odor of alcohol, a flushed face, and slurred speech. She also was observed stumbling and appearing confused. After performing various field sobriety tests, she was arrested for DUI. She later blew a .147 and .144 in the breath machine.
After negotiations regarding the defendant and the evidence, the State Dropped the DUI.
The State dropped the DUI.
Sep 17, 2024 Case: 24-CT-005076 Judge Bagge-Hernandez
The defendant was stopped for having only one operable brake light. The officer noticed an odor of alcohol, bloodshot eyes, and slow/lethargic movements. In addition, he observed slow speech and unsteady balance. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .106 and .106 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.
Sep 12, 2024 Case: 24-CT-022237 Judge Musselman
The defendant was stopped for driving with her high beams on. Officers observed an odor of alcohol, slurred speech, glassy eyes, and an inability to keep her balance. 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. This was her Third DUI arrest and she was also charged with Second Refusal for refusing a breath test for the second time.
The arresting officer was in training while conducting the DUI investigation. While instructing the defendant on the roadside tests, she was reading off a card making it very confusing to follow. She was also blocking her body worn camera during the exercises because she was holding her notepad in front of it. Not one officer was taking notes at the scene, yet later on there were detailed reports which totally contradicted the videotapes. The police code for DUI is "Signal One." On tape, the field training officer can be heard saying, "all I care about is a Signal One for training." In addition, he can also be heard saying "she needs it for training." (i.e., the Signal One). It was obvious the defendant was the Guinea pig for a training day for this cop to learn how to do a DUI and make an arrest. The State Dropped the DUI and she received no penalties other than court costs. In addition, the State Dismissed the refusal charge.
The State dropped the DUI.
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