DUI Wins

Feb 22, 2019	Case: 2018-CT-032662AXXX	Judge Atkin
Facts:	A homeowner called the police in the middle of the night after they saw an unknown vehicle parked in their yard. When the police arrived, they found the defendant passed out on the ground by the rear driver's side tire. He was the only person in the area and it was his car. They observed him to have an odor of alcohol, bloodshot eyes, and he staggered upon waking up. His speech was not understandable and he could not form complete sentences. The only roadside test that was conducted was HGN (eye test) because the defendant was so drunk. He was arrested for DUI and later blew a .225 and a .212 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that the defendant's arrest was unlawful. Pursuant to Florida Statute 901.15, when there is an arrest for a misdemeanor, and no crash, the officer must observe all elements of the crime. Here, the officers did not observe the defendant driving or in actual physical control which is the first element of a DUI. Prior to any motion being argued, the State Dropped the DUI.
Result:	The State dropped the DUI.

Feb 20, 2019	Case: 18-CT-016374	Judge Gutman
Facts:	The defendant was found asleep in his car in his driveway. Calls had gone out that the defendant had been involved in a crash. When officers arrived and awoke the defendant, they observed an odor of alcohol, vomit, and slurred speech. The defendant refused to perform all the roadside tests other than HGN (eye test). The defendant was arrested for DUI and later refused the breath test.
Defense:	Prior to ordering the defendant to roll down his window and exit the car, the officers never checked for damage. In fact, there was no damage. Thus, there was no reasonable suspicion of a crime to lawfully justify ordering the defendant out of his car.
Result:	The State dropped the DUI.

Feb 20, 2019	Case: 18-CT-017207	Judge Gutman
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot/glassy eyes, and she admitted to having drank alcohol. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .183 and a .176 in the breath machine.
Defense:	The firm pointed out that the driving pattern did not rise to the level of any reasonable suspicion of a crime to believe she was an impaired driver. Even though he had a camera, there was no video of the driving pattern to corroborate his police reports.
Result:	The State dropped the DUI.

Feb 20, 2019	Case: 18-CT-013525	Judge Gutman
Facts:	The defendant was stopped for stopping over the stop bar and weaving. The officer noticed an odor of alcohol and bloodshot eyes. He then performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he blew a .154 and a .149 the breath machine.
Defense:	The video of the defendant's field sobriety tests contradicted the police reports. The defendant's videotaped performance on the roadside tests also clearly showed that he was absorbing alcohol and lower at the time of driving.
Result:	The State dropped the DUI.

Feb 19, 2019	Case: 18-CT-017423	Judge Palomino for Judge Lefler
Facts:	The defendant was found by police passed out and slumped over the wheel. After waking the defendant, the officer observed an odor of alcohol, watery eyes, and a blank/dazed look. He also had vomit all over himself, poor balance, mumbled speech, and sleepy movements. No roadside tests were conducted for safety purposes and he was arrested for DUI. After his arrest, he blew a. 139 and a .135 in the breath machine.
Defense:	The defendant was not in actual physical control because he had no capability of operating the vehicle while sleeping.
Result:	The State dropped the DUI.

Feb 15, 2019	Case: 9937-XEX	Judge Barket
Facts:	The defendant was stopped for having an illegal window tint. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and slow /lethargic movements. He also observed blood shot eyes and the defendant had trouble finding his documents. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	The officers involved in the case contradicted themselves. For example, the officer with the defendant at the station stated there was no slurred speed and indicated nothing about lethargic movements. Also, the time frame when the defendant allegedly refused to perform roadside tasks was not captured on the body worn cameras. No one could answer why with any reasonable explanation. Also, the body worn cameras contradicted the officers observations in the reports.
Result:	The State dropped the DUI.

Feb 15, 2019	Case: 2018-CT-503989	Judge George
Facts:	The defendant was stopped for making an illegal turn. Once stopped, the officer observed an odor of alcohol, watery eyes, and she admitted to having drank 3 beers. She used her door for support and had difficulty balancing. She performed poorly on the roadside tasks and was arrested for DUI. After her arrest, she blew a .093 and a .089 in the breath machine.
Defense:	Due to the .02 margin of error in the breath machine, the firm was able to place the defendant's two breath test results under the legal limit. This was pointed out to the State and they Dropped the DUI.
Result:	The State dropped the DUI.

Feb 14, 2019	Case: 18-CT-010273	Judge Palomino for Judge Lefler
Facts:	The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, bloodshot eyes, and mumbled/slurred speech. He had trouble following instructions on the HGN (eye test). The defendant then refused all further roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	Prior to trial, the State Dropped the DUI. The video contradicted the police reports. The defendant speech appeared normal and he was responsive and coherent.
Result:	The State dropped the DUI.

Feb 12, 2019	Case: 18-CT-002680	Judge Alijewicz
Facts:	The defendant was the at fault driver in a multiple car crash. When officers arrived, they observed the defendant to appear as if he was on drugs. He was disoriented, confused, and appeared loopy. The defendant was administered Narcan to reverse the overdose effects of opiates. He was then taken to the hospital. Before they could treat him, he left and was stopped by police while walking down the road. The police requested a blood draw. The blood later tested positive for Fentanyl and Xanax. He was subsequently charged with DUI.
Defense:	In order to ask for blood outside of a hospital, when a breath test is not impractical or impossible, a defendant must be told the blood is being offered as an alternative to breath and/or urine. Here, that was not the case and the blood would have been excluded.
Result:	The State dropped the DUI.

Feb 11, 2019	Case: 2018-CT-037201	Judge Koenig
Facts:	The Defendant was stopped for driving at a high rate of speed, almost running over a curb, and crossing over the center yellow lines. The officer observed an odor of alcohol, glassy eyes, and mumbling speech. He was unsteady, sweating profusely, and he admitted to having drank two fireballs and a shot of whiskey. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .228 and a .217 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant requested an independent blood test. Under Florida law, when a defendant requests an independent blood test, he or she must be afforded a reasonable opportunity to obtain the test, such as being offered a phone. Further, one must also agree to take the breath test, as the defendant did in this case. Here, he was never offered a phone or phone book to at least try to obtain a blood test. Prior to any motion hearing, the State dropped the DUI.
Result:	The State dropped the DUI.

Jan 29, 2019	Case: A70ARUE	Judge Vaccaro
Facts:	The defendant was found sleeping in his car in an apartment building parking lot. Upon waking the defendant, the officer observed an odor of alcohol, bloodshot eyes, and he had a dazed/confused look. He performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense:	Parks & Braxton announced ready for jury trial. Days before trial, the defense pointed out to the State that the defendant was not in actual physical control because he had no capability of operating the vehicle. He was not only sleeping, but the defense also pointed out that the keys were on the passenger seat. The day before trial, the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Jan 29, 2019	Case: 18-016175MU10A	Judge Levy
Facts:	The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having consumed a couple of beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew .094 and a .093 in breath machine.
Defense:	The firm announced ready for trial. The defendant took the breath test over 90 minutes after being stopped. The State could not prove whether or not he was over the legal limit at the time of driving. In addition, with the. 02 margin of error on each breath result, the defense was able to place the defendant under the legal limit. On the day of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 28, 2019	Case: 2018-CT-029517	Judge T. Brown
Facts:	The defendant pulled up to an officer as her friend was involved in a traffic stop. Upon contact, the officer observed her to have an odor of alcohol, slurred speech, and bloodshot eyes. She admitted to having drank two beers. She then performed the roadside tasks and was arrested for DUI.
Defense:	When the defendant had pulled up, she was ordered to roll down her windows. This was an unlawful command without reasonable suspicion of a crime. All the evidence observed by the officer came after that command. Thus, all the State's evidence was in danger of being excluded.
Result:	The State dropped the DUI.

Jan 28, 2019	Case: 2018-CF-009614	Judge Farnell
Facts:	The defendant was the at fault driver in a traffic crash. When officers arrived, they observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. They also noticed that he exhibited profuse sweating, body tremors, repetitive talking, and restlessness. He swayed while he stood and would not look a the officer. After refusing to perform the field sobriety tests, he was arrested for DUI. Believing he was impaired by drugs, he was requested to provide a urine sample. That sample later tested positive for cocaine. Cocaine was later found in the car and he was also charged with felony possession.
Defense:	Although the cocaine was found in his system, the State could not prove that he took it that day. In addition, the video contradicted many of the observations written in the reports. The State Dropped the DUI and the defendant is in a program to get the felony dismissed.
Result:	The State dropped the DUI.

Jan 28, 2019	Case: 2018-CT-035392	Judge T. Brown
Facts:	The defendant was stopped for weaving and driving too slow. The officer observed an odor of alcohol, slurred speech, dry mouth, and watery eyes. The defendant admitted to drinking, appeared wobbly, and swayed. According to the officer, she failed the field sobriety tests and was arrested for DUI. She later refused the breath test.
Defense:	Due to some contradictions in the different police reports, the State Dropped the DUI and the defendant received no conviction on her record.
Result:	The State dropped the DUI.

Jan 25, 2019	Case: 17-CT-009136	Judge Duckworth
Facts:	The defendant was stopped for weaving and speeding. Upon contact, the officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he admitted to having drank whiskey. He was unsteady and admitted to also having taken medication earlier in the day. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .161 and a .142 in the breath machine.
Defense:	Prior to trial, the firm pointed out to he State that the defendant had been improperly coerced in to taking a breath test.
Result:	The State dropped the DUI.

Jan 25, 2019	Case: 2018-CT-017337	Judge Harper
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and glassy eyes. The defendant admitted to having consumed 2 vodkas. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .143 and a .139 in the breath machine.
Defense:	It was apparent on video that the defendant was lower than .08 at the time of driving as her video contradicted her breath test results.
Result:	The State dropped the DUI.

Jan 18, 2019	Case: CT-18000370	Judge Tinlin
Facts:	The defendant was stopped for weaving within her lane. The officer observed her to have an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant admitted to having drank one 16 ounce beer and she was also unsteady on her feet. She performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	On video tape, the driving pattern was not as egregious as described the reports. Thus, the lawfulness of the traffic stop was called in question. The State Dropped the DUI and the defendant received No conviction on her record.
Result:	The State dropped the DUI.

Jan 15, 2019	Case: 17-028484MU10A	Judge Brown
Facts:	The defendant was found by the police, while he was passed out in his car, in a right turn lane. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank 3 or 4 drinks and appeared confused. He refused roadside tests and was arrested for DUI. This was the defendant's Third DUI.
Defense:	Prior to trial, the firm filed a pretrial motion to exclude the defendant's refusal to perform roadside tests. In our motion, we alleged that the defendant was never advised of any adverse consequences of his refusal. The Judge granted the motion and the State appealed. The firm defended the Judge’s ruling and appellate court ruled in the defense's favor. The State then Dropped the defendant's Third DUI.
Result:	The State dropped the DUI.

Jan 11, 2019	Case: 2018-CT-014927	Judge Harper
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and she was crying and aggressive. The defendant initially refused roadside tests and then after further conversation with the officer she agreed. She performed very poorly on video and was arrested for DUI. She later refused the breath test.
Defense:	There were misstatements made by officer to coerce the the defendant to perform the otherwise voluntary roadside tests. Thus, at the risk of the field sobriety tests being excluded, the State Dropped the DUI.
Result:	The State dropped the DUI.