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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.
Nov 16, 2012 Case: 2012-CT-010637AXXX Judge Mitchell

The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had mumbled speech. The defendant was wobbly and unsteady upon exiting the car. The defendant refused the roadside tests and after his arrest for DUI he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Nov 16, 2012 Case: 2012-CT-011396AXXX Judge Evans
The defendant was stopped for weaving and almost striking a median. The officer observed slurred speech, bloodshot eyes, and the defendant was stumbling. The officer believed that he was impaired by a chemical and/or controlled substance. He then performed the roadside tasks on video. He performed very poorly. For example, on the walk and turn test, he used his arms for balance and fell off the line. On the one leg stand, he kept dropping his foot and the test was terminated. On the alphabet test, he stated the letters out of sequence. He was arrested for DUI. After his arrest, he was requested to give a urine sample. That sample revealed numerous controlled substances in the defendant's system based on the lab results.
The State Dropped the DUI.
Nov 16, 2012 Case: 2012-CT-010637AXXX Judge Mitchell
The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had mumbled speech. The defendant was wobbly and unsteady upon exiting the car. The defendant refused the roadside tests and after his arrest for DUI he refused the breath test.
The State Dropped the DUI.
Nov 15, 2012 Case: 11-020613MM10A Judge Solomon

The defendant was in a parking lot playing loud music with the windows down. In addition, the defendant was not wearing his seatbelt. When the officer approached the vehicle, the defendant started to back-up and drive away. After several commands, the defendant stopped the vehicle. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. Upon exiting the car, the officer noticed that the defendant was unsteady on his feet. The defendant admitted to taking Xanax as well. The defendant refused all testing and was arrested for DUI.

Parks & Braxton filed a motion to suppress based on an unlawful stop. First, the statute dealing with loud music was declared unconstitutional. At the hearing, the officer testified that he was unaware at the time that the law was declared unconstitutional. The State argued that the officer could rely on a "good faith exception" despite the fact that the law was no longer valid. Parks & Braxton argued that since the DCA court had declared the law unconstitutional and published the case, the officer could no longer claim that he had a "good faith" basis to believe the law was still valid. In addition, Parks & Braxton got the officer to testify that he did not see the seatbelt violation until after he ordered the defendant to stop.

The motion was Granted. The DUI was DISMISSED.

Nov 15, 2012 Case: 11-020613MM10A Judge Solomon
The defendant was in a parking lot playing loud music with the windows down. In addition, the defendant was not wearing his seatbelt. When the officer approached the vehicle, the defendant started to back-up and drive away. After several commands, the defendant stopped the vehicle. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. Upon exiting the car, the officer noticed that the defendant was unsteady on his feet. The defendant admitted to taking Xanax as well. The defendant refused all testing and was arrested for DUI.
The motion was Granted. The DUI was DISMISSED.
Nov 14, 2012 Case: CT-007917-XFA Judge Myers

The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. He also used the vehicle for support. According to the officer, he failed the the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that on video tape, none of the defendant's normal faculties were impaired.

The State Dropped the DUI.

Nov 14, 2012 Case: CT-007917-XFA Judge Myers
The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. He also used the vehicle for support. According to the officer, he failed the the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Nov 12, 2012 Case: 11-028052MM10A Judge Diaz
The Police received a call concerning a reckless driver. When the officer observed the defendant he was driving on a rim with sparks flying. The defendant refused to stop while two officers were following him with their lights and sirens on. Eventually, the defendant pulled into an apartment complex and parked his car. The officers ordered the defendant out of the vehicle several times and eventually had to pull him out. The officers observed signs of impairment and requested that the defendant perform field sobriety tests. After performing the HGN (eye test), walk and turn test as well as the one leg stand, he was arrested for DUI. The defendant refused to submit to a breath test.
On the day of the motion, the State dropped the DUI.
Nov 10, 2012 Case: 1350-XEU Judge Newman
The defendant was stopped for making an illegal u-turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He failed the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .155 in the breath machine.
The State Dropped the DUI.
Nov 9, 2012 Case: 2011-CT-6342-AXXX Judge Shore
The officer pulled up behind the defendant who was passed out in his car. The defendant was parked on the side of the road and the car was running. The officer then made contact with the defendant and noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .118 and .117 in the breath machine.
The State Dropped the DUI.
Nov 9, 2012 Case: 2012-CT-5852-AXXX Judge Shore
The defendant was stopped for speeding. The officer observed an odor of alcohol, droopy eye lids, slurred speech, and lethargic movements. The defendant admitted to drinking two beers. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Nov 8, 2012 Case: CT-007915-XFA Judge Conrad

The defendant was involved in a one car crash whereby he drove off the road and hit a pole. The defendant told the police that he was trying to avoid a crash with another car. Officers observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant refused to perform the roadside tests on video tape and then was arrested for DUI. After his arrest, he refused the breath breath test.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Nov 5, 2012 Case: 11-026590MM10A Judge Merrigan
The defendant was the at fault driver in a two car crash. Upon the officer's arrival, the defendant was already outside the car. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and she was unsteady on her feet. The defendant refused the roadside tests and then was arrested for DUI. She then refused the breath test.
Due to the above fact and speedy trial expiring, the DUI was Dismissed. It should be noted, this is the Second DUI a member of the firm has obtained a dismissal for this client on a DUI charge.
Nov 2, 2012 Case: 5700-XEM Judge Krieger-Martin

The defendant was found passed out behind the wheel of his vehicle by police and fire rescue while blocking an entrance way to a drive thru. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having two drinks. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .111 and .109 in the breath machine.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Nov 1, 2012 Case: 48-2011-CT-006718-AOX (JURY TRIAL) Judge Bigney

The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine.

At jury trial, the defense pointed out to the jury that the breath test machine in question failed an inspection around the time frame that the defendant submitted to the breath test. The defense also argued that he was not in actual physical control of the vehicle since he had no capability to operate it while sleeping. Furthermore, the defense, through cross examination, showed the jury that the arresting officer was not credible.

In the middle of Jury Trial, the State Dropped the DUI.

Nov 1, 2012 Case: 7194-XEJ Judge Denaro

The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Nov 1, 2012 Case: CT-004754-XEP Judge Myers
The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI.
Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI.
Oct 26, 2012 Case: 8298-XEJ Judge Wolfson

The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Oct 26, 2012 Case: 8298-XEJ Judge Wolfson
The police made contact with the defendant as he was asleep behind the wheel of his car at a traffic light. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, he staggered upon exiting the car, and he had to grab the car several times for balance. According to the arresting officer, he did not perform up to standards on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Oct 25, 2012 Case: 9662-XEX Judge Denaro

The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Oct 25, 2012 Case: 9662-XEX Judge Denaro
The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Oct 24, 2012 Case: CT-005210-XEP Judge Myers

The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the defendant was not involved in any crash as the DUI ticket stated no crash and that he was never arrested for any hit and run. In addition, we pointed out that even thought the arresting officer had a working video camera in his car, the whole DUI investigation was not captured on tape. One could only see the defendant after he was arrested for DUI and at no other time.

The State Dropped the DUI.

Oct 24, 2012 Case: CT-005210-XEP Judge Myers
The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Oct 18, 2012 Case: 8744-XEX Judge Newman

The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Oct 18, 2012 Case: 8744-XEX Judge Newman
The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.
The State Dropped the DUI.
Oct 17, 2012 Case: 3747-XED Judge Altfield

The defendant was stopped by police for obstructing traffic. The defendant had an odor of alcohol, a flushed face, and watery eyes. The defendant was also observed swaying. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Oct 17, 2012 Case: 3747-XED Judge Altfield
The defendant was stopped by police for obstructing traffic. The defendant had an odor of alcohol, a flushed face, and watery eyes. The defendant was also observed swaying. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Oct 12, 2012 Case: 11-001876CTMA Judge Tinlin
The defendant was stopped based on numerous calls about her swerving all over the road. The deputy who stopped her also observed weaving. Officers observed an odor of alcohol, glassy eyes, and mumbled speech. She fumbled while looking for her driver's license and staggered upon exiting the car. The officer even had to grab her arm to help her with her balance. She then performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
The State Dropped the DUI.
Oct 11, 2012 Case: 1350-XEU Judge Newman

The defendant was stopped for making an illegal u-turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He failed the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .155 in the breath machine.

Parks & Braxton pointed out out to the State that the breath machine in question had some faulty equipment issues within a month after the the defendant submitted to the breath test.

The State Dropped the DUI.

Oct 10, 2012 Case: 7818-WFL Judge Denaro

The defendant lost control of his motorcycle and crashed into a concrete median. A witness saw the crash and called 911. The defendant was rushed to the to the hospital where the police showed up to speak with him. At the hospital, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He also admitted to having three beers. The defendant's blood was obtained by the police which later revealed a blood alcohol level well over twice the legal limit. The defendant was subsequently arrested for DUI once the results came back over the legal limit.

Parks & Braxton pointed out to the State before trial that the police illegally obtained the defendant's blood test results.

The State Dropped the DUI.

Oct 10, 2012 Case: 7818-WFL Judge Denaro
The defendant lost control of his motorcycle and crashed into a concrete median. A witness saw the crash and called 911. The defendant was rushed to the to the hospital where the police showed up to speak with him. At the hospital, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He also admitted to having three beers. The defendant's blood was obtained by the police which later revealed a blood alcohol level well over twice the legal limit. The defendant was subsequently arrested for DUI once the results came back over the legal limit.
The State Dropped the DUI.
Oct 9, 2012 Case: 2012-CT-041525AXXX Judge Baker

The defendant was stopped for pulling out of a roadway/alley way without stopping. The officer noticed an odor of alcohol, glassy/watery eyes, and the defendant admitted to having three beers. The defendant performed the beginning portions of the roadside tests on video tape and exhibited signs of intoxication such as stumbling. He refused to complete each task to completion when asked by the officer. He was arrested for DUI and then he refused the breath test. It should be noted, this was the defendant's Third DUI.

Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's vehicle. In our motion, we alleged there was no probable cause justifying the stop.

The State conceded the motion and Dropped the DUI.

Oct 9, 2012 Case: 12-CT-501719 Judge Paluck

The defendant was stopped for weaving, driving too slowly, and nearly causing a collision. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was verbally abusive toward the officer. He was arrested for DUI and then refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Oct 8, 2012 Case: 5767-XDY Judge Ortiz
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Oct 4, 2012 Case: 3456-XDK Judge Hague

The defendant was stopped for failing to maintain a single lane while affecting other traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the walk and turn test poorly, the defendant refused further roadside testing and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton were ready for trial after taking a pre-trial deposition of the arresting officer.

The State Dropped the DUI.

Oct 4, 2012 Case: 9270-XEQ Judge Hague

The defendant was stopped for peeling out his tires while making a left turn and almost hitting other cars. The defendant had an odor of alcohol, slow speech, and watery eyes. He admitted to drinking six bottles of beer. According to the officer, he did not perform up to standards on the roadside tasks and was arrested for DUI. After his arrest, he blew a .192 and .191 in the breath machine.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Oct 4, 2012 Case: 2011-CT-003803 Judge Crown

The defendant was stopped for speeding and making a wide turn. The officer noticed an odor of alcohol, slow dexterity, and red/watery eyes. The defendant admitted to drinking a few beers and wine. On the roadside tasks, the defendant had difficulty balancing and was unsteady. He was then arrested for DUI. After his arrest, he blew a .084 and .082 in the breath machine.

Parks and Braxton were ready to go to trial.

On the morning of the jury trial date, the State Dropped the DUI.

Oct 4, 2012 Case: 2012-CT-96-AXXXXX Judge Carr
The defendant was stopped for significant and continuous weaving in and out in his lane. The officer observed an odor of alcohol, red eyes, and slurred speech along with a heavy eastern European accent. The defendant explained the way he was driving to the officer in that he was arguing with his wife over directions and using the GPS. The defendant was asked to perform roadside tasks on video tape which he refused and then was arrested or DUI. He then refused the breath test.
On the morning of trial, the State Dropped the DUI.
Oct 3, 2012 Case: CT-005173-XGA Judge Greco

The defendant was stopped because the passenger side headlight was not illuminated. The officer noticed an odor of alcohol, watery eyes, and slurred speech. The defendant handed the officer a Wal-Mart receipt instead of his registration and insurance. The defendant had difficulty standing, swayed, and admitted to having three drinks. He performed the walk and turn test at the request of the officer. For example, he had trouble walking, took an incorrect number of steps, and started to early. After the walk and turn, the defendant started to do the one leg stand and stopped stating he was not doing any more tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Oct 2, 2012 Case: 2011-CT-025550AXXX (JURY TRIAL) Judge Damico

The defendant was stopped by the police after being observed weaving back and forth within his lane and hitting lane markers for nearly three minutes by the State Trooper. He was also speeding. The entire driving pattern for the whole time was captured on video tape. Once stopped, after not even immediately pulling over, the trooper noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer also noticed a 24 ounce beer can in the car which was cold to the touch. The defendant performed the field sobriety tests at the request of the officer which were also video taped. For example , on the walk and turn test, instead of taking the required nine steps up and back down the line, the defendant took a total of 36 steps, started to early, and did not touch heel to toe. On the finger to nose, he never touched the tip of his nose on all six attempts. Furthermore, on the alphabet test, he said the same letter on two separate occasions. During the car ride, which was also video taped, one could hear the defendant's slurred speech as he would not stop talking. After his arrest for DUI, he refused the breath test.

At jury trial, Parks & Braxton argued that a DUI investigation goes beyond a driving pattern and the ability to speak. In this particular case, the firm argued that the client's ability to walk normally, maintain his balance, and to perform various portions of the field sobriety tests in a normal manner created reasonable doubt to whether his normal faculties were impaired as required by Florida Law.

The Jury found the defendant Not Guilty.

Oct 2, 2012 Case: 2011-CT-021205AXXX Judge Castor
The defendant was stopped for failing to stop at a red traffic signal. The officer noticed an odor of alcohol, flushed face, unsteadiness, and glassy/bloodshot eyes. The defendant performed some of the roadside tasks on video and according to the officer did not perform up to standards. He was then arrested for DUI and subsequently refused the breath test.
A week prior to the trial date, the State Dropped the DUI.
Oct 1, 2012 Case: 2011-CT-009222AXXX Judge Higbee
The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit).
The State Dropped the DUI.
Oct 1, 2012 Case: 2011-44267MMAES Judge Beck
The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest.
The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped.
Oct 1, 2012 Case: 10-011921MM10A Judge Ross
The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving.
The State dropped the DUI on the morning of trial.
Sep 21, 2012 Case: 5561-XEM Judge Wolfson

The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having two drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .126 and .124 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Sep 21, 2012 Case: 5561-XEM Judge Wolfson
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having two drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .126 and .124 in the breath machine.
The State Dropped the DUI.
Sep 20, 2012 Case: 9474-XEJ Judge Newman

The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, a flushed face, and she had difficulty finding her documentation. The officer also observed her to be unsteady. She failed the roadside tasks and was arrested for DUI. After her arrest, she blew a .192 and .197 in the breath machine.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Sep 20, 2012 Case: 9474-XEJ Judge Newman
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, a flushed face, and she had difficulty finding her documentation. The officer also observed her to be unsteady. She failed the roadside tasks and was arrested for DUI. After her arrest, she blew a .192 and .197 in the breath machine.
The State Dropped the DUI.
Sep 18, 2012 Case: 12-CT-500951 Judge Mann

The defendant was stopped for making an illegal u-turn and speeding. The trooper observed an odor of alcohol, glassy/watery eyes, and slurred speech. The defendant had poor balance and also leaned against his truck for balance. According to the officer, he failed every roadside test and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State prior to the trial date that the investigating trooper had an operational video camera in his patrol car but never even video taped the entire DUI investigation.

The State Dropped the DUI.

Sep 18, 2012 Case: 12-CT-500951 Judge Mann
The defendant was stopped for making an illegal u-turn and speeding. The trooper observed an odor of alcohol, glassy/watery eyes, and slurred speech. The defendant had poor balance and also leaned against his truck for balance. According to the officer, he failed every roadside test and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Sep 12, 2012 Case: 6987-XEE Judge Seraphin

The defendant was stopped for driving on the rims of her tires as they were blown out. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .189 and .197 in the breath machine.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Sep 12, 2012 Case: 2012-MM-003754 (JURY TRIAL) Judge Schott

<p>The defendant was stopped by the police after a person called 911 and stated the defendant was driving all over the road, running red lights, and hitting curbs. The officer stopped the car and noticed an odor of alcohol, severely slurred speech, bloodshot eyes, and slow/lethargic movements. Once the defendant was outside the car, he was unsteady and incoherent. He performed the roadside tasks at the request of the officer whereby he appeared highly intoxicated. The defendant admitted drinking 4-5 beers that day and also apologized to the officer that he should not be driving. After his arrest for DUI, he refused the breath test. It should be noted that the breath technician at the police station also testified that the defendant was totally incoherent and obviously impaired which was all was captured on video tape. Furthermore, the State played the 911 tape at trial for the jury.</p>

<p>Parks &amp; Braxton argued at trial that the defendant&#39;s impairment was caused from a severe head injury and concussion which occurred hours before his contact with the police as opposed to alcohol impairment. At jury trial, the defendant testified as to his head injuries, the defense showed pictures of a huge bump on his head, and that he was hospitalized immediately upon his release from jail. His mother also testified about his hospitalization and that he had to be awoken every two hours for almost four days.</p>

<p>The Jury found the defendant Not Guilty in less than ten minutes.</p>

Sep 11, 2012 Case: 2011-CT-6342-AXXX Judge Shore

The officer pulled up behind the defendant who was passed out in his car. The defendant was parked on the side of the road and the car was running. The officer then made contact with the defendant and noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .118 and .117 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Sep 11, 2012 Case: 2012-CT-5852-AXXX Judge Shore

The defendant was stopped for speeding. The officer observed an odor of alcohol, droopy eye lids, slurred speech, and lethargic movements. The defendant admitted to drinking two beers. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Sep 10, 2012 Case: 2012-CT-041525AXXX Judge Baker
The defendant was stopped for pulling out of a roadway/alley way without stopping. The officer noticed an odor of alcohol, glassy/watery eyes, and the defendant admitted to having three beers. The defendant performed the beginning portions of the roadside tests on video tape and exhibited signs of intoxication such as stumbling. He refused to complete each task to completion when asked by the officer. He was arrested for DUI and then he refused the breath test. It should be noted, this was the defendant's Third DUI.
The State conceded the motion and Dropped the DUI.
Sep 10, 2012 Case: 12-CT-501719 Judge Paluck
The defendant was stopped for weaving, driving too slowly, and nearly causing a collision. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was verbally abusive toward the officer. He was arrested for DUI and then refused the breath test.
The State Dropped the DUI.
Sep 7, 2012 Case: 11-027007MM10A Judge Brown

The defendant was found passed out in a parking lot at approximately 1:00 in the morning. The officers stated that the keys were in the ignition and the engine was running. In addition, the officers said the vehicle was parked across two spaces. The officers observed a strong odor of alcohol, bloodshot eyes, a flushed face as well as slurred speech. The officers then called for a DUI task force officer. The Trooper made similar observations to the other officers and conducted field sobriety tests. After the walk and turn test, one leg stand and the finger to nose test, the defendant was placed under arrest for DUI. The Trooper stated in his report that the investigation was placed on video. This was the the defendant's 3rd DUI offense.

Despite the Troopers contention, the video only captured a portion of a bumper and then the back of an empty police car. Parks & Braxton filed a motion to dismiss based on destruction of evidence. During cross-examination of the motion, the Trooper testified that he had previously fabricated a police report.

After the Trooper's testimony, the State dropped the DUI.

Sep 7, 2012 Case: 1261-XEU Judge Wolfson

The defendant was detained by the police after a verbal dispute with a neighbor. The officer noticed the defendant with an odor of alcohol, stumbling, bloodshot eyes, and slurred speech. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the officer had no legal reason to initially detain the defendant as no crime was or had been committed.

The State Dropped the DUI.

Sep 6, 2012 Case: 2011-CT-00165701XXBA (JURY TRIAL) Judge Kirkland

The defendant was stopped for driving with loud music in violation of Florida Statutes. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the car door for balance and swayed. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test. He was charged with not only DUI, but also a Second and/or subsequent refusal to submit to breath testing. This was also the defendant's Fourth DUI arrest.

Parks & Braxton went to jury trial on the case. The State tried the defendant on the refusal charge first, prior to the DUI, as they were separated by law. At jury trial, Parks & Braxton argued there was no probable cause to arrest the defendant for DUI which is an element of the refusal crime.

In the middle of jury trial, the State not only Dropped the DUI charge but also closed the refusal charge out very favorably to the defendant.

Sep 6, 2012 Case: CT-005019-XEP Judge Jeske

The defendant was stopped for weaving and making an improper right turn. The officer noticed an an odor of alcohol, a sway, and bloodshot/watery eyes. She then performed roadside tasks at the request of the officer on video tape. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton pointed out to the State, prior to trial, that none of the defendant's normal faculties were impaired on video tape versus what was written in the officer's reports.

The State dropped the DUI.

Sep 6, 2012 Case: 2791-XDP Judge Altfield

The defendant was stopped for violating the State's move over law. The officer noticed an odor of alcohol, bloodshot eyes, and he stumbled. According to the officer, he failed the roadside tests. The officer wrote a very vague report as it related to the roadside tests. He was arrested for DUI and then subsequently refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Sep 5, 2012 Case: CT-004911-XGA Judge Myers

The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed and odor of alcohol, bloodshot eyes, unsteadiness, and slurred speech. The defendant admitted to drinking at a local bar. He failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he took an incorrect number of steps and stepped off the line a number of times. On the one leg stand test, he almost fell over at one point. After his arrest, he refused the breath test.

Parks & Braxton prepared the case for trial.

The State dropped the DUI.

Sep 4, 2012 Case: CT-6221-XFA Judge Weis
The defendant was confronted by the police when his vehicle was stopped in the middle of the roadway. The officers noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot/glassy eyes. He was also observed to be unsteady on his feet. He refused to perform field sobriety exercises requested by the officers and was arrested for DUI.
The State Dropped the DUI.
Sep 4, 2012 Case: 6691-XDX Judge Seraphin
The defendant was the at fault driver as she drove up on a curb and hit a stop sign. Officers observed an odor of alcohol, slow speech, and watery eyes. According to the officers, she performed poorly on the roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, used her arms for balance, and lost her balance during the instructions. On the one leg stand, she used her arms for balance, hopped, and put her foot down. She was then arrested for DUI.
On the morning of trial, the State Dropped the DUI.
Sep 4, 2012 Case: 0085-XER Judge Krieger-Martin
The defendant was the at fault driver as he hit a parked car. Officers observed an odor of alcohol, rapid speech, and bloodshot/watery eyes. The defendant admitted to being involved in the crash and coming from a party. The defendant was asked to conduct roadside tests but refused stating "it is your word against mine." He was then arrested for DUI Causing Property Damage and then he refused the breath test.
On the morning of trial, the State Dropped the DUI.
Sep 1, 2012 Case: 09-012353MM10A Judge Lerner-Wren
The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.
The motion to suppress was granted. The DUI was Dismissed.
Aug 24, 2012 Case: 2011-MM-018282AXXX Judge Bryson

The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.

Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant could not move over as another car was blocking him from doing so and he did slow down in his lane of travel as required. We also alleged that the officer's motioning to the defendant to roll his window down and the taking of his keys were seizures. It should be noted that the officer was impeached at the motion hearing based on his pre-trial deposition whereby he previously stated that he never smelled any alcohol. The defendant also testified at the motion hearing in total contradiction to the officer. For example, he testified that he ended up farther back from the patrol car and never screeched his tires.

The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.

Aug 24, 2012 Case: 8486-XEX Judge Ortiz

The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Aug 24, 2012 Case: 2011-MM-018282AXXX Judge Bryson
The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.
The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.
Aug 24, 2012 Case: 8486-XEX Judge Ortiz
The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.
The State Dropped the DUI.
Aug 21, 2012 Case: 11-013468MM10A Judge Ross

The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.

Parks & Braxton filed a motion to suppress based on an unlawful stop. Despite the fact that the motion to suppress the stop was denied, the deputy provided several statements on the stand that were inconsistent with both the video as well as his reports.

On the morning of trial the State dropped the DUI.

Aug 21, 2012 Case: 11-013468MM10A Judge Ross
The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.
On the morning of trial the State dropped the DUI.
Aug 20, 2012 Case: 2011-CT-021108AAXXX Judge Hudson

The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. According to the officer, he failed the field sobriety tests which were not video taped. After his arrest for DUI, he refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's vehicle.

Prior to the motion ever being heard, the State Dropped the DUI.

Aug 20, 2012 Case: 11-2523MM10A Judge Brown

The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.

Parks & Braxton took the depositions of both officers on scene. The arresting officer was unable to provide a clear and independent recollection to the facts that were included in his reports.

The DUI was dismissed.

Aug 20, 2012 Case: 2011-CT-021108AAXXX Judge Hudson
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. According to the officer, he failed the field sobriety tests which were not video taped. After his arrest for DUI, he refused the breath test.
Prior to the motion ever being heard, the State Dropped the DUI.
Aug 20, 2012 Case: 11-2523MM10A Judge Brown
The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.
The DUI was dismissed.
Aug 17, 2012 Case: 3348-XEX Judge Ortiz

The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and he admitted drinking three rum and cokes. A bottle of vodka was found in the car. After performing poorly on the roadside tests according to the officer, he was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton announced ready for trial.

The State Dropped the DUI.

Aug 17, 2012 Case: 7477-XDK Judge Ortiz

The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, slow movements, and slurred speech. According to the officer, he failed the roadside tests. For example, on the walk and turn test, he stepped off the line and stopped walking to regain his balance. On the one leg stand, he put his put down and swayed. After his arrest for DUI, he refused the breath test.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Aug 17, 2012 Case: 8100-XEE Judge Ortiz

The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant could not perform any roadside tests due to his high level of intoxication. After his arrest for DUI, he blew a .237 and .242 in the breath machine.

Parks & Braxton announced ready for trial.

The State Dropped the DUI.

Aug 17, 2012 Case: 7477-XDK Judge Ortiz
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, slow movements, and slurred speech. According to the officer, he failed the roadside tests. For example, on the walk and turn test, he stepped off the line and stopped walking to regain his balance. On the one leg stand, he put his put down and swayed. After his arrest for DUI, he refused the breath test.
The State Dropped the DUI.
Aug 17, 2012 Case: 8100-XEE Judge Ortiz
The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant could not perform any roadside tests due to his high level of intoxication. After his arrest for DUI, he blew a .237 and .242 in the breath machine.
The State Dropped the DUI.
Aug 17, 2012 Case: 3348-XEX Judge Ortiz
The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and he admitted drinking three rum and cokes. A bottle of vodka was found in the car. After performing poorly on the roadside tests according to the officer, he was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Aug 16, 2012 Case: 2767-XDP Judge Newman

The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he swayed while standing, and dropped his driver's license. According to the officer, he did not perform to standards on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Aug 16, 2012 Case: 8233-XEU Judge Denaro

The defendant was found passed out behind the wheel of his car up on a curb. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to sharing two pitchers of beer. The defendant refused to perform the roadside tests as he became argumentative. After his arrest for DUI, he blew a .153 and .151 in the breath machine.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Aug 16, 2012 Case: 2767-XDP Judge Newman
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he swayed while standing, and dropped his driver's license. According to the officer, he did not perform to standards on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Aug 16, 2012 Case: 8233-XEU Judge Denaro
The defendant was found passed out behind the wheel of his car up on a curb. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to sharing two pitchers of beer. The defendant refused to perform the roadside tests as he became argumentative. After his arrest for DUI, he blew a .153 and .151 in the breath machine.
The State Dropped the DUI.
Aug 14, 2012 Case: 11-4709MM10A Judge Solomon

The defendant was stopped for running a stop sign. The officer smelled an odor of alcohol. The defendant also had a difficult time exiting her vehicle. The officer called for DUI task force to complete the investigation. The defendant agreed to perform field sobriety tests. On the finger to nose test she failed to remove her finger from her nose and failed to keep her eyes closed. On the one leg stand she dropped her foot after 3 seconds. On the walk and turn test she took 29 steps instead of 18 steps. She stepped off the line and failed to walk heel to toe. The officer arrested the defendant for DUI. This was her second DUI.

Despite the officer's report indicating her poor performance on the field sobriety tests, there was no video to substantiate his observations. As a result, Parks & Braxton announced ready for trial.

The State dropped the DUI on the morning of trial.

Aug 14, 2012 Case: 12-33661MMAES Judge Schumann

The defendant was stopped for running a stop sign and weaving. The officer observed an odor of alcohol, glassy eyes, he took almost five minutes to find his registration, and he stumbled upon exiting the car. The defendant stated he had drank a few beers. He failed the roadside tests according to the officer and was arrested for DUI. After his arrest for DUI, he blew a .138 and .140 in the breath machine.

Parks & Braxton were prepared for trial.

The State Dropped the DUI.

Aug 14, 2012 Case: 11-4709MM10A Judge Solomon
The defendant was stopped for running a stop sign. The officer smelled an odor of alcohol. The defendant also had a difficult time exiting her vehicle. The officer called for DUI task force to complete the investigation. The defendant agreed to perform field sobriety tests. On the finger to nose test she failed to remove her finger from her nose and failed to keep her eyes closed. On the one leg stand she dropped her foot after 3 seconds. On the walk and turn test she took 29 steps instead of 18 steps. She stepped off the line and failed to walk heel to toe. The officer arrested the defendant for DUI. This was her second DUI.
The State dropped the DUI on the morning of trial.
Aug 14, 2012 Case: 12-33661MMAES Judge Schumann
The defendant was stopped for running a stop sign and weaving. The officer observed an odor of alcohol, glassy eyes, he took almost five minutes to find his registration, and he stumbled upon exiting the car. The defendant stated he had drank a few beers. He failed the roadside tests according to the officer and was arrested for DUI. After his arrest for DUI, he blew a .138 and .140 in the breath machine.
The State Dropped the DUI.
Aug 11, 2012 Case: CT-007915-XFA Judge Conrad
The defendant was involved in a one car crash whereby he drove off the road and hit a pole. The defendant told the police that he was trying to avoid a crash with another car. Officers observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant refused to perform the roadside tests on video tape and then was arrested for DUI. After his arrest, he refused the breath breath test.
The State Dropped the DUI.
Aug 10, 2012 Case: 5767-XDY Judge Ortiz

The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the officer made several errors in his reports. The most important being a mistake of the race of the defendant.

The State Dropped the DUI.

Aug 8, 2012 Case: 9666-XEX Judge Seraphin

The defendant was stopped for swerving. The officer noticed the defendant to be disoriented/confused, an odor of alcohol, mumbled/slurred speech, watery eyes, and he almost fell getting out of the car. He failed every roadside test and was arrested for DUI. After his arrest, he blew a .234 and .229 in the breath machine.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Aug 8, 2012 Case: 9666-XEX Judge Seraphin
The defendant was stopped for swerving. The officer noticed the defendant to be disoriented/confused, an odor of alcohol, mumbled/slurred speech, watery eyes, and he almost fell getting out of the car. He failed every roadside test and was arrested for DUI. After his arrest, he blew a .234 and .229 in the breath machine.
The State Dropped the DUI.
Aug 7, 2012 Case: CT-004921-XGA Judge Weis

The defendant was stopped by a police officer as he was walking out of a concert. The officer noticed an odor of alcohol, slurred speech, and saw the defendant stumbling. She told the defendant do not drive. About 45 minutes later, he was seen driving out of parking garage and was then stopped again in his car. A DUI officer was called and made similar observations. The defendant was requested to perform the roadside tasks and did not perform up to standards. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Aug 6, 2012 Case: 9095-XEC Judge Wolfson
The defendant was found by police sitting in his car through several red and green light cycles. Upon contact, the officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .108 and .101 in the breath machine.
The State Dropped the DUI.
Aug 5, 2012 Case: 11-CT-506073 Judge Adams
The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, slurred speech, and a sarcastic attitude. According to the officer, she performed poorly on the roadside tests which were video taped. She was then was arrested for DUI. After her arrest, she refused the breath test.
On the morning of Jury Trial, the State Dropped the DUI.
Aug 1, 2012 Case: 5606-CZO Judge Seraphin

The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn test, he stepped off the line and took an incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton prepared the case for trial.

The State Dropped the DUI.

Jul 30, 2012 Case: CT-009660-XEG Judge Greco

The defendant was stopped for swerving. The officer observed an odor of alcohol, fumbling fingers, and watery/glassy eyes. The defendant exhibited lethargic movements and admitted to drinking beer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .156 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged that the officer misinformed and misstated the law as to the consequences of refusing and/or blowing over the legal limit.

The Judge granted our motion and threw out the breath test results. The State then Dropped the DUI.

Jul 30, 2012 Case: CT-009660-XEG Judge Greco
The defendant was stopped for swerving. The officer observed an odor of alcohol, fumbling fingers, and watery/glassy eyes. The defendant exhibited lethargic movements and admitted to drinking beer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .156 in the breath machine.
The Judge granted our motion and threw out the breath test results. The State then Dropped the DUI.
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