DUI Wins

Dec 12, 2024	Case: 24-CT-042269	Judge Koenig
Facts:	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.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-008355	Judge Scott
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-009426	Judge Scott
Facts:	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.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-005660	Judge Scott
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 12, 2024	Case: 24-CT-008095	Judge Scott
Facts:	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.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: AFWDDLE	Judge Lawhorne
Facts:	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.
Defense:	After conversations with the State regarding the lack of evidence that the defendant's normal faculties were impaired, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-004908	Judge Farr
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: A77HLSE	Judge Vaccaro
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-005390	Judge Farr
Facts:	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.
Defense:	Due to a lack of probable cause to arrest based on the video tape evidence, the State Dropped the DUI after negotiations.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-008934	Judge Gutman
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-007527	Judge Gutman
Facts:	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.
Defense:	After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: AFWDDLE	Judge Lawhorne
Facts:	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.
Defense:	After conversations with the State regarding the lack of evidence that the defendant's normal faculties were impaired, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-004908	Judge Farr
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: A77HLSE	Judge Vaccaro
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-005390	Judge Farr
Facts:	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.
Defense:	Due to a lack of probable cause to arrest based on the video tape evidence, the State Dropped the DUI after negotiations.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-008934	Judge Gutman
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-007527	Judge Gutman
Facts:	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.
Defense:	After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: AFWDDLE	Judge Lawhorne
Facts:	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.
Defense:	After conversations with the State regarding the lack of evidence that the defendant's normal faculties were impaired, the State Dropped the DUI.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: A77HLSE	Judge Vaccaro
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Dec 10, 2024	Case: 24-CT-004908	Judge Farr
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.