DUI Wins

Sep 13, 2016	Case: 2015-CT-002236	Judge Hitzeman
Facts:	The police were alerted to the defendant's truck by a 911 caller. The caller stated that the defendant and his passenger were passed out in a turning lane. When officers arrived, they found the defendant and his passenger asleep. The defendant was in the drivers seat, the engine was running, and the truck was in drive. When the officer reached in the truck to turn the truck off, the defendant awoke. He observed the defendant to have an odor of alcohol, bloodshot watery eyes, a flushed face, and slow/mumbled speech. The defendant was asked to perform roadside tests while still seated in the truck. He refused and was asked to exit the vehicle. The defendant was slow, lethargic, and leaned on the truck for balance. He was then placed under arrest for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense:	Parks & Braxton, during the pretrial discovery process, got the DUI video tape. On tape, the officer never advised the defendant of any adverse consequences for refusing the roadside tests as required by Florida law. Also, the defendant's speech was not mumbled and he did not appear off balance nor unsteady. Just prior to trial, the State Dropped the DUI.
Result:	The State Dropped the DUI.

Aug 30, 2016	Case: 2016-CT-000957CTAXMX	Judge 2016-CT-000957CTAXMX
Facts:	The defendant was stopped for speeding and weaving. The officers observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to drinking 2-3 beers and staggered while walking. The defendant then performed the field sobriety exercises on video tape. She performed the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton watched the video tape during the discovery process. On video, the defendant's speech was not slurred and she spoke normally. Also, she never staggered and was never off balance or unsteady. Also, the alleged weaving was not captured on video tape.
Result:	The State dropped the DUI.

Aug 17, 2016	Case: 16-CT-501242	Judge Swett
Facts:	The defendant was observed by two civilians weaving on the roadway in front of them. All of the sudden, the driver's door opened and the defendant, who was the driver, fell out of the car onto the ground. The car kept going for a bit, until it ended up in a ditch. Police were called and the defendant was transported to the hospital. At the hospital, the officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. Due to the defendant's high level of intoxication, no roadside tests could be conducted. The nurse told the officer that the defendant's blood alcohol level was a .394 (nearly five times the legal limit).
Defense:	Parks & Braxton announced ready for trial. Due to various discovery issues during the pretrial process, the State was never able to retrieve the defendant's medical records. Thus, without the actual records, they wouldn't be able to introduce that blood alcohol result. On the morning of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 17, 2016	Case: 16-CT-501227	Judge Swett
Facts:	The defendant was stopped for speeding. Upon contact with the defendant, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also had a dazed look. The defendant was asked to perform roadside tests. He refused and was advised of the adverse consequences for refusing. The defendant still refused and was then arrested for DUI.
Defense:	Parks & Braxton announced ready for trial. The officer who arrested the defendant was wearing a department issued body camera. On video, the defendant's speech was not slurred versus what was written in the police reports. Also, on video, the defendant was not off balance or unsteady.
Result:	The State dropped the DUI.

Aug 16, 2016	Case: 16-CT-008093	Judge Lefler
Facts:	The defendant was found by the police sleeping in his car in a parking space. When the officers awoke the defendant, they asked him to step out of the car. Once outside of the car, the officers smelled an odor of alcohol, observed bloodshot and watery eyes, and the defendant staggered as he stood. When asked for his driver's license, the defendant gave the officer his bank card. At the request of the officers, the defendant performed the field sobriety tests which were captured on a body camera. According to the officers, he did not perform to standards and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton received the body camera in discovery. Based on the video and the audio of the officers ordering the defendant to exit the car, there was no reasonable suspicion of crime (ie. DUI ) to justify ordering him out of the car. Thus, all evidence observed when the defendant was outside the car would have been excluded.
Result:	The State dropped the DUI.

Aug 15, 2016	Case: 2016-CT-002272	Judge Cameron
Facts:	The defendant was stopped for speeding and weaving all over the road. Once stopped, the officer noticed an odor of alcohol, glassy eyes, and the defendant had to grab the door for support while exiting the vehicle. The defendant admitted to consuming Johnnie Walker Black and beer. The defendant then attempted to perform the roadside tests at the request of the officer. For example, on the walk and turn test, the officer had to explain the instructions 8 times. Based on the defendant's confusion, the officer proceeded onto the one leg stand. The defendant had to be explained the instructions numerous times once again. He did not perform that test either and was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI and he also charged with a second or subsequent refusal to submit to breath testing. It should be noted, at the breath testing facility, the defendant was on video falling asleep and had his head down the entire time.
Defense:	Parks & Braxton, learned through discovery, that the officer who stopped the defendant, conducted the DUI investigation, and made the arrest, was outside of his jurisdiction. He was supposedly part of a DUI saturation patrol pursuant to a mutual aid agreement. However, the mutual aid agreement was vague and did not specify whether an officer who was outside their jurisdiction had the right to conduct a DUI investigation, nonetheless arrest a suspect for DUI. The State agreed, Dropped the DUI, and the defendant received no criminal convictions. In addition, the refusal charge was dismissed.
Result:	The State dropped the DUI.

Aug 8, 2016	Case: 14-8982MU10A	Judge Lerner-Wren
Facts:	The defendant was stopped by the police after an anonymous BOLO (be on the lookout) went out about a driver (ie. the defendant) being passed out behind the wheel. When the officer saw the defendant's car, he conducted a traffic stop. The officer observed the defendant to have an odor of alcohol, watery eyes, and she admitted to drinking vodka with red bull. The defendant could not stand up without leaning on her vehicle. The defendant then performed the roadside tests and showed several signs of impairment. She was then arrested for DUI. After her arrest, she blew a .173 and .172 in the breath machine, over twice the legal limit.
Defense:	Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that the traffic stop was unlawful. We argued that under Florida law, there needs to be corroboration when the tip is anonymous. Here, not only was the defendant awake when the officer came into contact with her, but also there was no allegation of criminal activity. The Judge Granted the motion and threw out all the evidence. The State then Dismissed the DUI.
Result:	The DUI was dismissed.

Aug 2, 2016	Case: 2016-CT-001007	Judge Farr
Facts:	The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot/watery eyes. After performing the roadside tests on video tape, he was arrested for DUI. After his arrest, he blew a .117 and .113 in the breath machine.
Defense:	Parks & Braxton announced ready for trial. We discussed with the State, that on video tape, the defendant's speech was not slurred at all. Also, we pointed out that based on the defendant's performance on the field sobriety tests, the defendant's breath alcohol level was lower than .08 at the time of driving.
Result:	The State dropped the DUI.

Aug 2, 2016	Case: 2016-CT-004951	Judge Farr
Facts:	The defendant was stopped for continuously weaving all over the road. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and a blank stare. The defendant stated she had nothing to drink and was swaying. The officer only performed the HGN (eye test) on the defendant and then she refused to perform any other tests. She was then arrested for DUI and then subsequently refused the breath test. This was the defendant's Second DUI.
Defense:	Parks & Braxton had discussions with the State just prior to trial. On video, the defendant was not swaying and her speech was clear as compared to what the officer wrote in his reports.
Result:	The State dropped the DUI.

Aug 2, 2016	Case: 15-023982MU10A	Judge Brown
Facts:	The defendant was stopped for speeding and drifting within his lane of travel. The officer noticed the defendant to have an odor of alcohol, slow and sluggish movements, and slurred speech. The defendant admitted to drinking tequila. At the request of the officer, the defendant performed the roadside tests. The defendant performed very poorly according the officer and he was arrested for DUI. After his arrest, he also performed the roadsides on video tape at the Sheriff's sub station. Subsequent to performing them again, he then refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the defendant’s performance on the roadside tests on video tape contradicted the level of impairment the officer allegedly stated he observed, which was not on camera. Also, the defendant 's speech was normal and clear on video versus the slurred speech that the officer wrote he noticed in his reports. On the day of jury trial the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 2, 2016	Case: 2016-302779MMDB	Judge Schuman
Facts:	The defendant was seen by the police in a heavily occupied pedestrian area while on his motorcycle. The defendant abruptly applied his brakes and the motorcycle fell over, along with the defendant. The officer then went up to the defendant to see if he was alright. Upon contact, he noticed the defendant to have an odor of alcohol, watery eyes, and slow/slurred speech. The defendant stated he had just drank a few beers. The defendant performed the field sobriety tests at the officer's request. He then performed the HGN (eyes test), Rhombeg balance (estimate 30 seconds), walk and turn, and one leg stand exercises. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton had discussions with the prosecutor prior to setting the case for trial. We pointed out that since there was no video tape of the DUI, we had to rely on the officer's reports. In this case, the officer wrote only a half page report with no supplements. He wrote only one brief vague line describing the defendant's performance on each of the tests. The officer did not write one specific detail pertaining to any of the exercises, only vague statements.
Result:	The State dropped the DUI.

Aug 1, 2016	Case: A4AC7AE	Judge Seraphin
Facts:	An anonymous person called 911 stating they observed a possible drunk driver who ran off the road. The police spotted the defendant's vehicle, which was the suspected vehicle, and conducted a traffic stop. Upon contact with the defendant, they observed her to have an odor of alcohol, mumbled speech, and a flushed face. The defendant was unsteady, used her car for support, and swayed all over. She then performed the road side tests. The defendant exhibited several signs of impairment and was arrested for DUI.
Defense:	Park & Braxton filed a motion to suppress. In our motion, we alleged the initial traffic stop was unlawful. Our legal basis for the motion was that under Florida case law, the officers must corroborate either a driving pattern or other facts indicating that the defendant may be intoxicated when the tip is anonymous. Here, there was none and the State agreed the stop was unlawful. The DUI was Dismissed.
Result:	The DUI was dismissed.

Aug 1, 2016	Case: 1806-XDZ	Judge Hague
Facts:	The defendant was the at fault driver in a two car collision, whereby he side swiped another car. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking 4 long island iced teas and also admitted to being buzzed. He then performed the roadside tests. On the one leg stand test, he put his foot down 7 times and lost his balance. On the walk and turn exercise, he stepped off the line a number of times, used his arms for balance, and was very unsteady. He was then arrested for DUI. After his arrest, he blew a .193 and .184 in the breath machine.
Defense:	Parks & Braxton announced ready for trial. On the morning of trial, the State could not place the defendant in "actual physical control" of the motor vehicle at the time of the crash, as required by Florida law.
Result:	The State dropped the DUI.

Jul 27, 2016	Case: 48-2015-CT-001250-E	Judge Martinez
Facts:	The defendant was stopped for driving without headlights. The officer noticed the defendant to have an odor of alcohol, red eyes, and he spoke with a "heavy tongue." The defendant 's movements were slow and deliberate and he admitted having two glasses of wine at a bar. The defendant then performed the roadside tasks. According to the officer, he did not perform up to standards and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton announced ready for jury trial. Prior to trial, in pretrial talks with the prosecutor, we pointed out that the officer did not write or document any specific details of the defendant 's performance on the field sobriety tests. He wrote a very vague report and there was no on scene video tape. On the day of trial, the State Dropped the DUI.
Result:	The State Dropped the DUI.

Jul 15, 2016	Case: A0Z0BVP	Judge Newman
Facts:	The defendant was stopped for driving eastbound in the westbound lane. Cars had to brake to avoid a collision. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and a flushed face. The defendant stated he drank three glasses of wine and appeared very unsteady. The defendant performed very poorly on the roadside tests and was arrested for DUI. After is arrest, he blew a .205, .184, and .204 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that the defendant had to provide three breath samples instead of the legally required two. There were issues with the defendant's breath testing procedure. The State then Dropped the DUI after reviewing the breath materials.
Result:	The State dropped the DUI.

Jul 11, 2016	Case: 2015-CT-027593	Judge Lefler
Facts:	The police responded to a call about a reckless driver. The caller had stated the defendant was driving on the sidewalk a few times. The defendant was then found by the police in a parking lot and detained. The officers observed the defendant to have an odor of alcohol, slurred speech, and she was swaying heavily. The defendant was stumbling while walking and also had watery eyes. Officers also saw a case of miller lite beers in the car. The defendant refused to perform the roadside tasks and was arrested for DUI. Since there was a minor in the car, she was charged with enhanced DUI. After her arrest, she refused the breath test.
Defense:	Parks & Braxton pointed out that the initial contact (seizure) of the defendant was unlawful as the police could not corroborate any driving pattern as required by law.
Result:	The State dropped the DUI.

Jul 11, 2016	Case: 2016-CT-000222-A-O	Judge Cameron
Facts:	The defendant was stopped for failing to use his turn signal on two separate occasions. Upon stopping the defendant, the officer noticed the defendant to have an odor of alcohol, slurred speech and it was sometimes not even coherent. The defendant had an orbital sway and was unable to look at the officer in the eyes. The defendant then performed the field sobriety tests. He exhibited several clues of impairment and was arrested for DUI. After his arrest, he blew a .166 and .166 in the breath machine.
Defense:	Parks Braxton filed a pretrial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged that since no traffic was affected by the defendant 's actions of not signaling, the stop was unlawful. The State agreed after reviewing the applicable case law and then Dropped the DUI on the day of the motion hearing.
Result:	The State dropped the DUI.

Jul 6, 2016	Case: 2015-CT-045187	Judge Babb
Facts:	The defendant was stopped for traveling 96 mph in a 60 mph zone and failing to maintain a single lane. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and a flushed face. The defendant stated she had consumed a few drinks earlier in the night. She then performed the field sobriety tests on video tape. She performed the walk and turn, HGN (eyes test), one leg stand, finger to nose, alphabet, and rhomberg balance exercises (estimate 30 seconds). According to the officer, she failed them and was arrested for DUI. After her arrest, she refused to take the breath test.
Defense:	Parks & Braxton announced ready for jury trial. A week prior to the trial date, the defense pointed out to the State that the officer's written descriptions of her performance on the roadside tests was totally contradicted by the video tape. One major contradiction in the case was that although the officer arrested her and had told her that she failed the tests by not following his instructions (both physically and mentally), he then wrote in report that her ability to understand instructions was "good." On the day of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 17, 2016	Case: 05-2015-CT-037509AXXXXX	Judge Presiding Judge: Division 6 (Formerly Judge Murphy's Division)
Facts:	The defendant was parked behind a closed business. An officer spotted her car, drove around near it, got out of his car, and yelled “sheriff’s office.” There was no indication that the defendant ever saw or heard him. The defendant then drove away. The officer then got back in his car to stop the defendant to conduct a loitering and prowling investigation. While behind her, he observed her to be driving 30 mph in a 45 mph zone and she was allegedly swerving within her lane. Once stopped, the defendant was ordered out of her car at gun point by several officers and she was immediately handcuffed. She was cuffed for at least eight minutes or so and taken off camera. While off camera, officers observed the defendant to have an odor of alcohol, slurred speech, and a clumsy demeanor. She also swayed and had bloodshot eyes. Once the cuffs were finally removed, the loitering and prowling investigation then turned into a DUI investigation. The defendant then performed several field sobriety tests on video tape. For example, on the one leg stand test, the defendant put her foot down several times and used her arms for balance. On the walk and turn exercise, she took the wrong number of steps, never touched heel to toe, and lost her balance. She was then arrested for DUI and subsequently refused the breath test. The defendant was never arrested nor charged with loitering or prowling.
Defense:	Parks & Braxton filed two pretrial motions to suppress. In one motion, we alleged that the defendant was unlawfully stopped without probable cause or reasonable suspicion of any crime. In the other motion, we alleged that the defendant was unlawfully arrested for loitering and prowling by the officer's actions of immediately handcuffing her, keeping her cuffed for a long period of time, and ordering her out of her car at gun point. At the motion hearing, the Officer could not remember any specifics of the alleged swerving such an the number of times she swerved, distance, or time frames. The judge Granted the illegal stop motion and threw out all the evidence. Thus, there was no need to ever argue the second motion. Without any evidence left, the State Dismissed the DUI.
Result:	The DUI was dismissed.

Jun 16, 2016	Case: 2015-CT-016396	Judge Cunningham
Facts:	The defendant made an illegal u-turn and struck other vehicle. An off duty officer observed the crash. He then called for officers who were on duty. Upon their arrival, they observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant stated he had drank gin and juice. The defendant then performed the field sobriety tests. According to the DUI officer, the defendant failed them and was arrested for DUI. After his arrest, he blew a .091 and .084 in the breath machine.
Defense:	Parks & Braxton took pretrial sworn depositions of the officers in the case. At the depositions, the officers contradicted each other's testimony. For example, one officer stated that the defendant's speech was slurred, while the other testified it was normal with no slur. Also, the officers couldn't remember numerous details of the defendant's performance on the roadside tasks as there was no video tape.
Result:	The State dropped the DUI.