| Mar 28, 2024 | Case: AI9MLZE | Judge Lawhorne |
| Facts: | The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, he was nervous and shaking, had bloodshot eyes, and he admitted to having drank vodka and smoked pot. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, the defendant performed better on the field sobriety tests than as written in the reports. Also, his speech was not slurred and he was not off balance prior to any roadside tests. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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Results
| Mar 28, 2024 | Case: AHPG4VE | Judge Vaccaro |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a dazed look. He also swayed while he stood and had bloodshot eyes. He performed the HGN (eye test), walk and turn and one leg stand exercises. He was then arrested and later refused a beath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 26, 2024 | Case: 23-CT-020078 | Judge Damico |
| Facts: | The defendant was stopped after she was observed by police driving in the bicycle lane and came to an abrupt stop less than a foot from a police car. The officer noticed an odor of alcohol, slurred speech, and open alcohol cans in the car. She performed various field sobriety tests such as the alphabet, estimation of 30 seconds, and walk and turn. She was subsequently arrested for DUI and later blew a .141 and .138. | |
| Defense: | After several conversations with the State about the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 26, 2024 | Case: 23-CT-020078 | Judge Damico |
| Facts: | The defendant was stopped after she was observed by police driving in the bicycle lane and came to an abrupt stop less than a foot from a police car. The officer noticed an odor of alcohol, slurred speech, and open alcohol cans in the car. She performed various field sobriety tests such as the alphabet, estimation of 30 seconds, and walk and turn. She was subsequently arrested for DUI and later blew a .141 and .138. | |
| Defense: | After several conversations with the State about the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 19, 2024 | Case: 23-CT-056590 | Judge Ingram |
| Facts: | The defendant was stopped for not wearing a seatbelt and accelerating and decelerating for no reason. The Officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having consumed three beers. He was clumsy, unsteady, and fumbled with his documents. He then performed various roadside tests and was arrested for DUI. He later blew a .175 and .172 in the breath machine. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 19, 2024 | Case: 23-CT-055650 | Judge Ingram |
| Facts: | The defendant crashed her car into a concrete barrier. She then fled the scene running into the woods. Officers observed a tall glass bottle of tequila on the defendant's passenger floorboard of her abandoned car. About an hour after the crash, the defendant was found by police, a helicopter, and K-9 units hiding in the woods. She had scratches all over, slurred speech, glassy eyes, and droopy eyelids. She was arrested for leaving the scene of an accident and transported to the hospital. In the hospital parking lot, she refused to perform field sobriety tests and then received a DUI charge. She later refused a breath test. | |
| Defense: | Under Florida law, for the State to convict one of DUI pursuant to Florida Statute 316.193, they must prove that the defendant was under the influence and impaired by either alcohol, a chemical and/or controlled substance. Here, there was no odor of alcohol, no statements about drinking or taking drugs, and no breath or urine test. One cannot simply be impaired by "something." In addition, officers are heard on body worn camera that they don't think they have "enough" to charge her with DUI and only enough evidence to charge her with leaving the scene of an accident. Yet they still arrested her for a DUI. After conversations the with prosecutor, the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Mar 19, 2024 | Case: 23-CT-056590 | Judge Ingram |
| Facts: | The defendant was stopped for not wearing a seatbelt and accelerating and decelerating for no reason. The Officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having consumed three beers. He was clumsy, unsteady, and fumbled with his documents. He then performed various roadside tests and was arrested for DUI. He later blew a .175 and .172 in the breath machine. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 19, 2024 | Case: 23-CT-055650 | Judge Ingram |
| Facts: | The defendant crashed her car into a concrete barrier. She then fled the scene running into the woods. Officers observed a tall glass bottle of tequila on the defendant's passenger floorboard of her abandoned car. About an hour after the crash, the defendant was found by police, a helicopter, and K-9 units hiding in the woods. She had scratches all over, slurred speech, glassy eyes, and droopy eyelids. She was arrested for leaving the scene of an accident and transported to the hospital. In the hospital parking lot, she refused to perform field sobriety tests and then received a DUI charge. She later refused a breath test. | |
| Defense: | Under Florida law, for the State to convict one of DUI pursuant to Florida Statute 316.193, they must prove that the defendant was under the influence and impaired by either alcohol, a chemical and/or controlled substance. Here, there was no odor of alcohol, no statements about drinking or taking drugs, and no breath or urine test. One cannot simply be impaired by "something." In addition, officers are heard on body worn camera that they don't think they have "enough" to charge her with DUI and only enough evidence to charge her with leaving the scene of an accident. Yet they still arrested her for a DUI. After conversations the with prosecutor, the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Mar 18, 2024 | Case: 23-CT-002478 | Judge Justice |
| Facts: | The defendant lost control of his car and crashed into a tree. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and glassy/watery eyes. He had a flushed face, was unsteady, and was repeating things. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .201 and .195 in the breath machine. | |
| Defense: | The firm provided documentation to the State that the breath machine in question was taken out of service shortly after the defendant was arrested. Thus, the reliability of the defendant's results and the machine itself were called into question. We also provided medical documentation that the defendant had received injuries from the airbags during the crash, yet the officer still had him try to stand on one leg and do a walk and turn. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 18, 2024 | Case: 23-CT-002478 | Judge Justice |
| Facts: | The defendant lost control of his car and crashed into a tree. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and glassy/watery eyes. He had a flushed face, was unsteady, and was repeating things. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .201 and .195 in the breath machine. | |
| Defense: | The firm provided documentation to the State that the breath machine in question was taken out of service shortly after the defendant was arrested. Thus, the reliability of the defendant's results and the machine itself were called into question. We also provided medical documentation that the defendant had received injuries from the airbags during the crash, yet the officer still had him try to stand on one leg and do a walk and turn. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 14, 2024 | Case: AI9MOAE | Judge Lawhorne |
| Facts: | Police were called via dispatch as the defendant was "driving in circles." When officers spotted the car driven by the defendant, they observed her to be driving on a flat tire and failing to maintain a single lane. Officers observed an odor of alcohol, slurred/mumbled speech, and she stated that she had consumed two drinks. The defendant was unsteady, she staggered, and she swayed while she stood. She performed poorly on roadside tests. For example, she recited the alphabet incorrectly, and on the one leg stand, she put her foot down six times and used her arms for balance. She was arrested for DUI and later blew a .179 and .181 in the breath machine. | |
| Defense: | After several negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 14, 2024 | Case: AI9MOAE | Judge Lawhorne |
| Facts: | Police were called via dispatch as the defendant was "driving in circles." When officers spotted the car driven by the defendant, they observed her to be driving on a flat tire and failing to maintain a single lane. Officers observed an odor of alcohol, slurred/mumbled speech, and she stated that she had consumed two drinks. The defendant was unsteady, she staggered, and she swayed while she stood. She performed poorly on roadside tests. For example, she recited the alphabet incorrectly, and on the one leg stand, she put her foot down six times and used her arms for balance. She was arrested for DUI and later blew a .179 and .181 in the breath machine. | |
| Defense: | After several negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 13, 2024 | Case: 23-CT-012317 | Judge Stone |
| Facts: | The defendant was stopped for swerving in and out of the lanes of travel and also driving below the speed limit. Once stopped, the officer noticed an odor of alcohol and he appeared very nervous. The defendant then performed the HGN (eye test) and finger to nose. He told the officers that he had medical issues with his feet and surgeries so he could not do the one leg stand or walk and turn. He was arrested for DUI and later refused a breath test. | |
| Defense: | Prior to trial the firm provided the State with pictures of the defendant's feet and legs showing the medical issues. We did this to show that he was telling the truth to the officers. The officer did not have any body worn camera or dash camera. There was a video at the station and it showed the defendant standing ok, walking ok, and speaking normally. | |
| Result: | The State dropped the DUI. | |
| Mar 13, 2024 | Case: 23-CT-012317 | Judge Stone |
| Facts: | The defendant was stopped for swerving in and out of the lanes of travel and also driving below the speed limit. Once stopped, the officer noticed an odor of alcohol and he appeared very nervous. The defendant then performed the HGN (eye test) and finger to nose. He told the officers that he had medical issues with his feet and surgeries so he could not do the one leg stand or walk and turn. He was arrested for DUI and later refused a breath test. | |
| Defense: | Prior to trial the firm provided the State with pictures of the defendant's feet and legs showing the medical issues. We did this to show that he was telling the truth to the officers. The officer did not have any body worn camera or dash camera. There was a video at the station and it showed the defendant standing ok, walking ok, and speaking normally. | |
| Result: | The State dropped the DUI. | |
| Mar 11, 2024 | Case: 23-CT-503064 | Judge Gonzalez |
| Facts: | The defendant was the at fault driver in a traffic crash whereby he T-boned another car at an intersection. When officers arrived, they noticed an odor alcohol and bloodshot eyes. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. There was no video. He was then arrested for DUI and later blew a .121 and .113 in the breath machine. | |
| Defense: | After numerous discussions and negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 11, 2024 | Case: 23-CT-503064 | Judge Gonzalez |
| Facts: | The defendant was the at fault driver in a traffic crash whereby he T-boned another car at an intersection. When officers arrived, they noticed an odor alcohol and bloodshot eyes. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. There was no video. He was then arrested for DUI and later blew a .121 and .113 in the breath machine. | |
| Defense: | After numerous discussions and negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 7, 2024 | Case: 23-MM-013061 | Judge Mckyton |
| Facts: | The U.S. Coast Guard stopped the defendant's boat for not having navigational lights on after dark. The officers noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He produced the wrong documents and forgot to respond to requests. He then performed various field sobriety tests used in Boating Under the Influence cases such as finger to nose, palm pat, and hand coordination. He was arrested for BUI and later refused a breath test. The coast guard turned over the arrest to a local police department. | |
| Defense: | The agency which conducted the roadside tasks was the U.S. Coast Guard. They had no body worn cameras and their police reports were vaguely written with no specifics. After conversations with the State, they Dropped the Boating Under the Influence (BUI). | |
| Result: | The State dropped the BUI. | |
| Mar 7, 2024 | Case: 23-CT-002559CTAXES | Judge Poblick |
| Facts: | Dispatch was notified about a driver (i.e., the defendant) driving erratically and weaving in and out of the lanes. The police spotted the vehicle and also observed him swerving all over, almost striking other cars. Once they got him stopped, they observed an odor of alcohol, he admitted to having consumed 3-4 drinks, had slow reflexes, and he kept repeating the same thing. He also had a sway to his stance and had slow movements. He performed poorly on field sobriety tests and was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | Many observations written in the police reports were contradicted by the video. After negotiations with the State regarding the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 7, 2024 | Case: 23-CT-002559CTAXES | Judge Poblick |
| Facts: | Dispatch was notified about a driver (i.e., the defendant) driving erratically and weaving in and out of the lanes. The police spotted the vehicle and also observed him swerving all over, almost striking other cars. Once they got him stopped, they observed an odor of alcohol, he admitted to having consumed 3-4 drinks, had slow reflexes, and he kept repeating the same thing. He also had a sway to his stance and had slow movements. He performed poorly on field sobriety tests and was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | Many observations written in the police reports were contradicted by the video. After negotiations with the State regarding the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 7, 2024 | Case: 23-MM-013061 | Judge Mckyton |
| Facts: | The U.S. Coast Guard stopped the defendant's boat for not having navigational lights on after dark. The officers noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He produced the wrong documents and forgot to respond to requests. He then performed various field sobriety tests used in Boating Under the Influence cases such as finger to nose, palm pat, and hand coordination. He was arrested for BUI and later refused a breath test. The coast guard turned over the arrest to a local police department. | |
| Defense: | The agency which conducted the roadside tasks was the U.S. Coast Guard. They had no body worn cameras and their police reports were vaguely written with no specifics. After conversations with the State, they Dropped the Boating Under the Influence (BUI). | |
| Result: | The State dropped the BUI. | |
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