DUI Wins

Nov 9, 2021	Case: 21-CM-002502	Judge Gutman
Facts:	The defendant was found passed out in his car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. While outside the car, he swayed back and forth. After performing only the HGN (eye test), he was arrested for DUI. He later refused a breath test. After arrest, the officers found drug paraphernalia and he was charged with that as well.
Defense:	To be in actual physical control, a defendant must have the "capability" to operate a motor vehicle. Here, the defendant was sleeping, so he had no capability to operate the car. The State Dropped the DUI and dismissed the possession charge.
Result:	The State dropped the DUI.

Nov 4, 2021	Case: 21-CT-001080	Judge Dyer
Facts:	The defendant was stopped for weaving and driving under the speed limit. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He appeared lethargic and exhibited mood swings. He also swayed, appeared unsteady, and had balance issues. He then refused roadside tests and was arrested for DUI. He later refused a breath test . This was the defendant's Second DUI.
Defense:	There were a few cops on scene. It appeared on video as if it was training exercise to teach the trainee officer how to process a DUI. One cop was even asking about a refusal statute which didn't even apply. In addition, on tape he did not appear unsteady and his speech was normal. After speaking with the prosecutor, the State Dropped the defendant's Second DUI a few days before trial.
Result:	The State dropped the DUI.

Nov 2, 2021	Case: 21-CT-027646	Judge Peacock
Facts:	The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, glassy eyes, and he swayed while he stood. He also appeared clumsy, and he stumbled. He then performed field sobriety tests and was arrested for DUI. After his arrest, he blew a .205 and a .204 in the breath machine.
Defense:	The firm raised probable cause to arrest issues which would have led to suppression of the breath test results.
Result:	The State dropped the DUI.

Nov 2, 2021	Case: 21-CT-027598	Judge Peacock
Facts:	The defendant was stopped for driving into oncoming traffic. The officer noticed an odor of alcohol, glassy/red eyes, and a fixed gaze. He also had a flushed face and slight slur to his speech. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	The police report over exaggerated the level of impairment on the roadside tests as compared to the video tape evidence.
Result:	The State dropped the DUI.

Nov 1, 2021	Case: 21-CT-024192	Judge Garagozlo
Facts:	A caller dialed 911 stating that the defendant was driving eastbound in the westbound lanes. The officer then observed the defendant swerving all over. Officers observed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant then performed HGN (test) and was arrested for DUI. He later refused the breath test.
Defense:	On video, right before the walk and turn began, it started pouring rain. The officers made no attempt to take the defendant out of the rain and off the highway to give him the opportunity to perform the walk and turn, one leg stand, and any other tests. The officers could be heard saying "we got enough, let’s just go." This was brought the prosecutor's attention along with other issues on the tape.
Result:	The State dropped the DUI.

Oct 27, 2021	Case: 21-CT-007730	Judge Weis
Facts:	The defendant was found by police passed out in his car at a gas station. They found him after a caller dialed 911 stating that the defendant almost struck them in their car, as well as numerous others, and was driving over 100 mph swerving all over. Officers noticed the defendant to have an odor of alcohol, red eyes, they smelled urine, and he had slurred speech. The defendant was also a CDL holder. Due to bizarre behavior exhibited by the defendant, no roadsides were conducted. He was then arrested for DUI and later refused the breath test.
Defense:	Since the call was anonymous, there was no reasonable suspicion of a crime justifying ordering the defendant out of the car without any corroboration.
Result:	The State dropped the DUI.

Oct 26, 2021	Case: 21-CT-030055	Judge Silverman
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the center console and the defendant admitted to drinking. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	Based on the evidence, there was a lack of probable cause to arrest the defendant.
Result:	The State dropped the DUI.

Oct 26, 2021	Case: 21-CT-029026	Judge Silverman
Facts:	The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and thick tongued speech. She also appeared confused, used the car door for support, and admitted to having drank 4 drinks. She refused to perform roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	Many observations such as the defendant's speech and balance issues were contradicted by the officer's body worn camera.
Result:	The State dropped the DUI.

Oct 25, 2021	Case: 21-CT-009397	Judge Panse
Facts:	A gas station employee called 911 stating that the defendant appeared intoxicated and was stumbling around. She also stated that he fell to the ground. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and he staggered as he walked. The defendant also had bloodshot eyes and stated he had drank 2 beers. The defendant refused to perform roadside tests and was arrested for DUI. He later blew a.137 and a .137 in the breath machine. This was the defendant's Second DUI.
Defense:	Under Florida Statute 901.15, officers must observe every element of the crime. In a DUI, they must first observe the defendant to be either driving or in actual physical control. If they do not, the arrest is unlawful under 901.15. The only exception is if there is a crash, which here there was not. When officers arrived in this case, the defendant was standing outside his car. The firm filed a motion to suppress for an unlawful arrest. Just prior the motion hearing, the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Oct 13, 2021	Case: 21-CT-009111	Judge Zuckerman
Facts:	The defendant was found passed out in her car slumped over. The car was running and stopped in the middle of a parking lot blocking other cars. Upon awakening her, she was incoherent, had glassy eyes, and her speech was slow and mumbled. She stumbled and had to catch her balance. Believing she was impaired by drugs, she was asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused a urine test. This was the defendant's Second DUI.
Defense:	The firm filed a motion for statement of particulars. This was filed to find out the State's theory of prosecution, as to what drug they were trying to prove was impairing her. In order to prove DUI under Florida Statute 316.193, a defendant must be impaired by alcohol, and/or a specific chemical and/or controlled substance. Here the State could not prove by what specific substance was impairing the defendant.
Result:	The State Dismissed the defendant's Second DUI.

Oct 12, 2021	Case: 20-CT-013231	Judge Conrad
Facts:	The defendant was accused of running a red light and causing a traffic crash. Officers observed the defendant to have an odor of alcohol, glassy eyes, slurred speech, and he was unsteady. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .232 in the breath machine.
Defense:	The defense was able to show that the defendant was not the driver at the time of the crash. It was his brother who was driving the car. Due to the reasonable doubt created, and the State not being able to prove who was the driver, the State Dismissed the DUI.
Result:	The State Dismissed the DUI.

Oct 12, 2021	Case: 21-CT-000890	Judge Conrad
Facts:	The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant was asked to perform roadside tests and he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Third DUI.
Defense:	An officer is required to advise a defendant of adverse consequences if they refuse roadside tests. In this case, that didn't happen, so the refusal to perform the roadside tests would have been excluded from evidence.
Result:	The State Dropped the defendant's Third DUI.

Oct 12, 2021	Case: 21-CT-001004	Judge Woodard
Facts:	The defendant crashed her car into bushes and a tree on a median. When officers arrived, they observed an odor of alcohol, red/glossy eyes, and she admitted to having drank whiskey. She appeared off balance and stumbled around. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .172 and a .169 in the breath machine.
Defense:	Prior to any trial, the firm brought issues up to the State about the severity of the crash and how it could make her look impaired versus alcohol.
Result:	The State dropped the DUI.

Oct 7, 2021	Case: 21-CT-002584	Judge Farr
Facts:	The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy/watery eyes, and a flushed face. He also had slurred speech and he admitted to having drank two drinks. After performing roadside tests, he was arrested for DUI. He later blew a .183 and a .171 in the breath machine.
Defense:	Prior to any trial date, the firm was able to point out many inconsistencies with the discovery to the State.
Result:	The State dropped the DUI.

Oct 7, 2021	Case: 21-CT-001608	Judge Farr
Facts:	The defendant was stopped for weaving within his lane multiple times. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to having drank two 24 ounce beers and appeared unsteady. After performing field sobriety tests he was arrested for DUI. He later refused the breath test.
Defense:	Upon viewing the video, the firm brought it to the State's attention that there was no probable cause to arrest the defendant based on his performance on the roadside tests.
Result:	The State dropped the DUI.

Oct 7, 2021	Case: 21-CT-000126	Judge Ritenour
Facts:	The defendant was found passed out in his car at an intersection. Upon awakening him, officers observed an odor of alcohol and red/watery eyes. He was then asked to perform various field sobriety tests. He was then arrested for DUI and later blew a .139 and a .134 in the breath machine.
Defense:	Without evidence of impairment, such as slurred speech or balance issues, there was no reasonable suspicion of a crime (i.e. DUI) justifying the request for roadside tests.
Result:	The State dropped the DUI.

Oct 5, 2021	Case: 20-CM-004088	Judge Gutman
Facts:	The defendant's boat was boarded by HCSO for a safety inspection, as well as an improper display of the registration on the boat. Upon contact, the officer observed and odor of alcohol, bloodshot eyes, and slurred speech. He then performed roadsides on the boat such as the palm pat and hand coordination exercises. He was then arrested for Boating under the influence (BUI) and he later blew a .128 and a .117 in the breath machine.
Defense:	According to the police reports, there were body worn cameras worn by Florida Fish and Wildlife Police officers who were on scene along with the Sheriff's officer. Those videos were not turned over by the police department to the prosecutor.
Result:	The State Dropped the Boating Under the Influence.

Oct 5, 2021	Case: 21-CT-001915	Judge Gutman
Facts:	The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have red/glassy eyes, a drowsy appearance, and slow movements. Believing that she was impaired by drugs and not alcohol, she was asked to perform roadside tests. She performed poorly and was arrested for DUI She later refused a urine test.
Defense:	Under the Florida DUI statute 316.193, to prove DUI, the State must prove that the defendant was impaired by either alcohol and/or a specific chemical and/or controlled substance. Here, the State could not prove by what specific substances were impairing her.
Result:	The DUI was dismissed.

Oct 4, 2021	Case: 21-CT-007533	Judge Zuckerman
Facts:	The defendant was stopped after a call went out about the defendant hitting a construction sign. The officer found the defendant's car and noticed it weaving and speeding. Upon stopping the defendant, the officer noticed an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant swayed while sitting in her seat. She then performed various field sobriety tests and was arrested for DUI. She later refused the breath test.
Defense:	Prior to trial, the firm brought many inconsistencies in the discovery to the State's attention such as conflicts between the video and the police reports.
Result:	The State dropped the DUI.

Oct 4, 2021	Case: 21-CT-007995	Judge Zuckerman
Facts:	The defendant was stopped for swerving in his lane and his tires hit the lane dividers several times. The officer noticed an odor of alcohol, slurred speech, and red eyes. He also stated he had consumed one drink. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense:	Due to vagueness written in the specifics of the driving pattern, issues were raised as to the lawfulness of the traffic stop.
Result:	The State dropped the DUI.