DUI Wins

Oct 2, 2017	Case: 2017-CT-005773	Judge Drake
Facts:	The defendant was found passed out in the driver's seat of his car. The car was parked in a parking space in the parking lot of the restaurant he had just ate at. The officer who found the defendant, noticed a pile of vomit outside his car. After the officer knocked on the window, the defendant stepped out of the car. The officer noticed an odor of alcohol and other signs of impairment so he called for a DUI unit. That officer made similar DUI observations including slurred speech and bloodshot eyes. The defendant also admitted to having consumed at least 5 drinks. He then performed the field sobriety tests. He performed poorly on video and was arrested for DUI . After his arrest, he refused the breath test.
Defense:	Under Florida law, a person who is actual physical control must have the "capability" to operate that vehicle. Here, the defendant had the keys to the rental car in his pocket according to the first officer. The DUI officer, on tape, kept trying to tell the defendant that the other officer told him that the engine was on and the keys were in the ignition. That was a lie as the first officer overheard it and even came over and told him the keys were not in the engine. Thus, the arresting officer's credibility was clearly called into question. In addition, the defendant had "no capability" of operating that vehicle while not only sleeping, but the keys were in his pocket. The State Dropped the DUI and the defendant received NO conviction at all on his record.
Result:	The State dropped the DUI.

Sep 28, 2017	Case: 16-022258MU10A	Judge Levy
Facts:	The defendant was stopped for straddling the lane markers, weaving, and driving under the speed limit. The officer noticed the defendant to have an odor of alcohol, slurred speech, and he seemed disoriented. He also observed watery eyes and the defendant had trouble finding his documents. The defendant was unsteady and staggered. He then performed the roadside tests very poorly and was arrested for DUI.
Defense:	Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no probable cause, nor reasonable suspicion of a crime, to lawfully stop the defendant. Upon cross examination of the motion by the defense, the officer could not provide any specifics as to the driving pattern, such as how many time the defendant allegedly weaved and straddled the lane markers. After hearing the testimony and reviewing the case law, the Judge granted the motion and threw out all the evidence. The State then Dismissed the DUI.
Result:	The DUI was dismissed.

Sep 20, 2017	Case: A6MKYTE	Judge Bedinghaus
Facts:	An anonymous caller called the police via 911 stating that the defendant was driving at a very high rate of speed and weaving all over the road. The officer located the vehicle and initiated a traffic stop. Upon making contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he was staggering and unsteady. The defendant then performed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .108 and .097 in the breath machine.
Defense:	Under the law, an officer can only stop a person based on an anonymous tip if there is corroboration. In other words, the officer must see something consistent with the driving pattern relayed by the caller for the traffic stop to be lawful. Here, the officer saw no driving pattern prior to conducting the traffic stop. This was brought to the attention of the State and the DUI was Dropped.
Result:	The State dropped the DUI.

Sep 19, 2017	Case: 17-CT-500731	Judge Adams
Facts:	The defendant was stopped for speeding and driving erratically. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking beer and he was observed to be leaning on his vehicle for support. The defendant then performed the HGN (eyes test), one leg stand, and walk and turn exercises. After performing them, he was arrested for DUI. This was the defendant's Second DUI within five years.
Defense:	Parks & Braxton announced ready for trial. The officer in this case wrote a very vague report. The police report contained very few details of the defendant's performance on the field sobriety tests, as they all would have been on the officer's body camera. The State is under an ongoing obligation to provide any material/relevant discovery to the defendant. In this case, the defense was not provided the officer's body camera. On the day of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 18, 2017	Case: 17-CT-501344	Judge Hayward
Facts:	The defendant was stopped for weaving all over the road. Once stopped, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted to drinking margaritas. Upon walking over to the sidewalk for field sobriety tests, the defendant tripped on the curb and fell over. She then performed poorly on the roadside tests and was arrested for DUI.
Defense:	Prior to the trial date, the firm had pretrial talks with the prosecutor. The State then agreed to Drop the DUI and the defendant received No conviction at all on her record.
Result:	The State dropped the DUI.

Sep 5, 2017	Case: 2017-CT-500872	Judge Paluck
Facts:	The defendant was found passed out in his running car in front of a convenience store. Officers knocked on his window with negative results in an attempt to wake him up. They then opened the door and finally awoke the defendant. They noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a pale face and constricted pupils. The defendant would not initially get out of the car, so the officers immediately tased him and then placed him in cuffs. He was then arrested for resisting an officer without violence and DUI. After his arrest, he refused the breath test.
Defense:	The firm announced ready for trial. The firm pointed out to the State that the officers prematurely tased him as heard by the conversation in the video and then the screaming. The videotape was not facing the defendant or his car at any time. Also, the officers never even asked the defendant to perform field sobriety exercises nor did they conduct any type of actual DUI investigation. On the day of trial, the State Dropped the DUI and the defendant also received No conviction on the resisting charge.
Result:	The State dropped the DUI.

Aug 29, 2017	Case: 2017-CT-001605	Judge S. Jewitt
Facts:	The defendant was stopped because a 911 caller had stated to the police that the defendant as driving all over the road. There was also evidence that she may have hit a cement barrier. Officers observed the defendant to have an odor of alcohol, slow motor skills, and bloodshot eyes. The defendant stated she had consumed a few drinks at a friends house. The defendant performed the field sobriety tests at the request of the officer. She performed very poorly and was arrested for DUI. After her arrest, she blew a .168 and .167 in the breath machine.
Defense:	Parks & Braxton announced ready for trial. During pretrial talks with the State, we pointed out how the defendant's first language was not English. It was clear on the video that she did not understand any of the instructions on the roadside tests that the officers were giving her. In addition, she did not understand the implied consent warnings prior to being offered a breath test.
Result:	The State dropped the DUI.

Aug 24, 2017	Case: 2016-CT-049101	Judge Naberhaus
Facts:	The defendant was found passed out in his car in a McDonald's parking lot. Upon awakening the defendant, officers observed an odor of alcohol, bloodshot eyes, and his speech was incoherent. He was unsteady exiting his car and his dexterity was clumsy. The defendant then performed the field sobriety tests. For example, on the walk and turn test, he used his arms for balance and took an incorrect number of steps. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest he blew a .162 and .174 in the breath machine. This was the defendant's Second DUI.
Defense:	Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the officer misled (coerced) the defendant into believing that if he took the breath test, he can continue to drive by obtaining a work permit, however, if he refused, he could not get one. That was a misstatement of the law. Prior to the motion hearing, the State agreed with our position after being provided all the applicable case law and Dropped the DUI.
Result:	The State dropped the DUI.

Aug 22, 2017	Case: 2015-CT-008603	Judge Bell
Facts:	Officers made contact with the defendant, while she was sitting in her car in a parking garage, after a call had gone out about a girl being hit by a guy. The defendant was the female in question. Upon contact with the defendant, the officer observed the defendant to have an odor of alcohol. He then asked her to step out of the vehicle and observed slurred speech, bloodshot/dilated eyes, and she was swaying. She was then asked to perform field sobriety tests to which she refused. She as then arrested for DUI.
Defense:	Parks & Braxton announced ready for trial. The officer had informed the defendant that if she refused the field sobriety tests, her license would be suspended. That was a misstatement of the law as one's license is only suspended for refusing a breath, blood, or urine test. On the day of trial, the State Dropped the DUI and the defendant received no criminal conviction at all.
Result:	The State dropped the DUI.

Aug 17, 2017	Case: 17-CT-000168	Judge Cupp
Facts:	Police arrived after being called to a crash whereby the defendant had backed into another car. The officers observed the defendant to have an odor alcohol, watery eyes, and slow/slurred speech. The defendant stated she had drank wine and beer. The defendant then performed the roadside tests and was arrested for DUI. After her arrest, she blew a .154 and .151 in the breath machine.
Defense:	When the officers arrived, there was no damage to the vehicles, thus, by definition in the case law, there was no crash (accident). Since the defendant was outside her car when the police arrived, and there was no crash exception, she was unlawfully arrested pursuant to Florida Statute 901.15 as no officer observed her behind the wheel.
Result:	The State dropped the DUI.

Aug 17, 2017	Case: 2017-CM-000865	Judge Lelfler
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and his movements were slow and uncoordinated. The defendant was asked several times to put his slice of pizza away, yet he kept eating. At one point, he was removed by force by the police as he would not exit the car and continued to keep eating the pizza. No field sobriety tests were conducted due to the defendant's belligerence and disregard for police commands. He was arrested for DUI and also resisting an officer without violence.
Defense:	Parks & Braxton announced ready for trial. Days before trial, after negotiations, the State Dropped the DUI and the defendant received no conviction on the resting charge.
Result:	The State dropped the DUI.

Aug 15, 2017	Case: 16-022638MU10A	Judge Pole
Facts:	The defendant was found passed out in his car at a traffic light. Upon waking the defendant, he took his foot off the brake and started rolling forward. The defendant's car eventually stopped after rolling up on a curb. Officers immediately noticed a Corona bottle in the car and the defendant was sweating profusely. They then noticed an odor of alcohol, flushed face, and glossy eyes. The defendant was asked to perform the roadside tests, to which he refused after being advised of the adverse consequences of refusing. He was then arrested for DUI and later refused the breath test.
Defense:	The firm announced ready for trial. Although the officer stated in her reports that the defendant refused the roadside tests, the video contradicted that allegation. In fact, after being placed in cuffs, the defendant asked several times to be allowed to take the tests. The officer's credibility was now being called into question as her reports were contradicted by the video tape. On the morning of jury trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 15, 2017	Case: 16-009972MU10A	Judge Solomon
Facts:	The defendant was the at fault driver in a rear end crash. When officer arrived, they noticed the defendant to have an odor of alcohol, bloodshot eyes, and she was very unsteady on her feet. The defendant used her vehicle for support on a few occasions. The defendant then performed the field sobriety tests. For example, on the walk and turn, she almost fell and the exercise was terminated for her safety. On the HGN (eye test), she did not follow the stimulus with her eyes and looked straight ahead. She was then arrested for DUI.
Defense:	Parks & Braxton took pre trial depositions of the officers and civilians involved in the case. All of the officers' sworn testimony contradicted each other’s and also the testimony of the civilians involved in the crash. The firm announced ready for trial and on the day of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 14, 2017	Case: 2017-CT-000815NC	Judge Denkin
Facts:	The defendant was stopped for speeding and swerving. Upon contact with the defendant, the officer observed an odor of alcohol and bloodshot/watery eyes. The defendant stated he had been drinking beer that night. He was then asked to perform the roadside tests. According to the officer, he exhibited several signs of impairment and was arrested for DUI. After his arrest, he blew over the legal limit by providing breath samples of a .088 and .082 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the officer coerced the defendant into taking a breath test by advising the defendant that he can get a work permit and continue to drive if he took a breath test, however, if he refused, he would not be able to get a hardship license nor continue to drive. The Judge watched the video, read the applicable case law, heard argument of counsel, and then Granted the motion. The breath test results were then excluded from evidence. On the day of trial, the State Dropped the DUI and the defendant received no conviction at all on his record.
Result:	The State dropped the DUI.

Aug 14, 2017	Case: 17-CT-000533	Judge M. Brown
Facts:	The defendant was stopped for running a red light. The officer smelled an odor of alcohol and the defendant appeared very confused as to her direction of travel. EMS was called to the scene to check the defendant out for any medical issues. After being cleared medically, the defendant then performed the field sobriety tests. She then performed the HGN (eye), walk and turn, and one leg stand tests. According to the officer, she did not perform to standards and was arrested for DUI. After her arrest, she refused the breath test.
Defense:	In order to conduct field sobriety tests, an officer must have "reasonable suspicion" of a crime (i.e. that the defendant was impaired) in order to administer roadside tests. Here, there was a lack of "reasonable suspicion" thus the roadsides would have been excluded from evidence.
Result:	The State dropped the DUI.

Aug 3, 2017	Case: 2016-CT-023394	Judge Jeske
Facts:	The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he was unsteady exiting his car. The defendant admitted to drinking and there were some beer bottles in the car. The defendant then performed the field sobriety tests on video. According to the officer, he failed and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	The firm pointed out to the State that the video contradicted the officer's police reports. For example, the officer wrote that the defendant had stepped off the line on the walk and turn test. Yet on video, that was not the case. Also, he had written that the defendant was unsteady, however, he was not off balance or unsteady at all on tape. Since the officer's credibility was being called into question, the State Dropped the DUI just prior to the trial date.
Result:	The State dropped the DUI.

Aug 3, 2017	Case: 2017-CF-000120	Judge Barber
Facts:	The defendant was stopped after being observed squealing his tires in a gas station parking lot and attempting to exit at a high rate of speed. Once stopped, the officer observed the defendant to have an odor of alcohol, slurred speech, and noticed an unopened 18 pack of of beer in the front seat. While waiting for the DUI unit to arrive, he observed the defendant to be unsteady while exiting his truck. When the DUI unit arrived, he made similar observations and then conducted roadside tests. After the defendant performed them, he was arrested for DUI. After his arrest, he blew a .164 and .166 in the breath machine. The defendant was later charged with a Felony DUI by the State as this was his Third DUI within ten years.
Defense:	Parks & Braxton took pretrial depositions of both the officer who stopped the defendant and the arresting officer. Subsequently, the firm filed a motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no reasonable suspicion of a crime, nor probable cause to believe an infraction occurred. Under Florida law, it is not an infraction to squeal one's tires unless other people or vehicles are affected. At the motion hearing, although the officer testified that he thought maybe a robbery had just occurred, that explanation was not "reasonable" because in the same breath on cross examination he also testified maybe the defendant was having a medical emergency. It was obvious he was speculating and and had no rational basis for giving those opinions. In addition, at the motion hearing, the defense called the DUI officer as a witness. He testified that the stopping officer told him he that he only "heard" the squealing of the tires, not seeing it as he had testified. Thus, his credibility was now be called into question. The Judge Granted the motion, threw out all of the evidence, and the Defendant's Felony DUI was Dismissed.
Result:	The DUI was dismissed.

Aug 1, 2017	Case: 2017-CT-003435	Judge Lefler
Facts:	The defendant was stopped for speeding. Upon contact with the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to consuming two Crown Royals with ginger ale and two shots of Jack Daniels over the course of the evening. The defendant then performed the HGN (eye test), walks and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and subsequently blew a .098 and a .091 in the breath machine.
Defense:	Due to the .02 margin of error in the breath machine, the firm was able to place the defendant under the legal limit on both breath tests results.
Result:	The State dropped the DUI.

Jul 28, 2017	Case: 2016-CT-024093	Judge Bryson
Facts:	The defendant was stopped for speeding and swerving. The officer noticed the defendant to have an odor of alcohol, a sarcastic attitude, and slurred speech. Once outside the car, the defendant swayed while she stood. The defendant performed the field sobriety tests and was then arrested for DUI. After her arrest, she blew a .144 and .138 in the breath machine.
Defense:	Parks & Braxton had numerous pretrial negotiations with the State prior to trial.
Result:	The State dropped the DUI.

Jul 28, 2017	Case: 2017-CT-004023	Judge Cunningham
Facts:	The defendant was stopped for weaving and speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and he admitted to drinking four cups of rum. According to the officer, he performed poorly on the walk and turn, one leg stand, and finger to nose tests. He was arrested for DUI and subsequently blew a .196 and .195 in the breath machine.
Defense:	After numerous negotiations with the prosecutor, the State agreed to drop the DUI.
Result:	The State dropped the DUI.