Jul 27, 2018	Case: 2017-CT-003846	Judge Hanser
Facts:	The defendant crashed through an apartment complex gate. When police arrived, they noticed the defendant to have an odor of alcohol, slow speech, and lethargic movements. The defendant also admitted to having drank wine that day. The defendant performed very poorly on the roadside tests and was arrested for DUI. Due to injuries from the crash, he was asked to provide a blood sample at the scene. The toxicology results later revealed that the defendant's blood alcohol level was .268 and .267. This was the defendant's Third DUI.
Defense:	The firm took a pretrial deposition of the arresting officer. Through our questioning of the officer, the firm was able to establish that the officer unlawfully obtained the defendant's blood through coercion. In addition, it was also unlawfully obtained on another ground since a breath test was not impractical or impossible. After the State read the depo and applicable case law, they Dropped the DUI.
Result:	The State dropped the DUI.

Jul 26, 2018	Case: 18-CF-003197	Judge Pomponio
Facts:	The defendant was found passed out in his car by the police. Upon awakening the defendant, the officer observed an odor of alcohol, he was unsteady, and a bottle in a paper bag was observed. The defendant started to do the roadsides but was unsteady and refused to continue after starting the HGN (eye test). He was then arrested for DUI. Cocaine was also found subsequent to arrest and he was also charged with Possession of cocaine.
Defense:	Since the defendant was sleeping, he had no capability to operate the motor vehicle. Thus, the State could not prove he was in actual physical control. The State Dropped the DUI. The felony is still pending.
Result:	The State dropped the DUI.

Jul 25, 2018	Case: 2018-CT-000237CTAXES	Judge Sestak
Facts:	The defendant was stopped for speeding. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant made unusual statements, had poor coordination, and admitted to having drank beer. According to the officer, she performed poorly on the roadside tests and was arrested for DUI.
Defense:	The officer's body-worn camera, which captured the field sobriety tests, contradicted the officer's written reports as to the level of alleged impairment.
Result:	The State dropped the DUI. The Defendant received no conviction on her record.

Jul 25, 2018	Case: 2018-CT-000546	Judge Crown
Facts:	The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol and the defendant admitted to having consumed one drink and two shots. While talking to the officer, she would look away from the officer. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .093 and .085 in the breath machine.
Defense:	In order to request field sobriety tests, there must be reasonable suspicion of a crime. Here, there was no reasonable suspicion to believe that the defendant was impaired to lawfully request roadsides. Also, with the .02 margin of error in the breath machine, the defendant's two breath results could have been under the legal limit. The defendant received no criminal conviction on her record.
Result:	The State dropped the DUI.

Jul 25, 2018	Case: 2018-CT-000015	Judge Jeske
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and lethargic movements. He had poor coordination, bloodshot eyes, and poor balance. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he refused the breath test.
Defense:	It was pointed out to the State that the officer concluded the defendant was DUI even before he performed the roadsides, based on his off camera comments to another officer. Thus, his credibility was called into question.
Result:	The State dropped the DUI.

Jul 24, 2018	Case: 18-001883MU10A	Judge Pole
Facts:	The defendant was stopped after running a red light at a high rate of speed. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to having drank Jack and cokes. The defendant was asked to perform field sobriety tests. He performed very poorly according to the officer and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second arrest for DUI.
Defense:	Every time the officer was seen instructing the defendant how to perform each field sobriety test on his body camera, the video then would cut out while he was actually performing each exercise. We put forth to the State that this was intentionally done. The State Dropped the DUI on the day of trial.
Result:	The State dropped the DUI.

Jul 18, 2018	Case: A6MM9PE	Judge Bedinghaus
Facts:	The defendant was stopped for speeding and failure to maintain a single lane. Once stopped, officers observed the defendant to have an odor of alcohol, bloodshot eyes, he swayed as he stood, and was unable to keep his balance. After admitting to having consumed some glasses of wine that evening, he was then was asked to perform field sobriety tests. According to the officer, he performed poorly and was arrested for DUI. After his arrest, he blew a .101 and .100 in the breath machine.
Defense:	The video tape of the roadside tests contradicted the police reports.
Result:	The State dropped the DUI.

Jul 18, 2018	Case: 2018-CT-000012	Judge Valkenburg
Facts:	The defendant was driving at a high rate of speed when he lost control of his car and crashed. When the officer arrived, he saw that the airbags had deployed and a tire was missing. He observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He had difficulty maintaining his balance and also swayed back and forth. The defendant refused to perform roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Prior to trial, we pointed out to the State that on tape the officer had already made up his mind that the defendant was impaired. This was based on his statements to the other officer on scene prior to even coming in contact with the defendant. Also, the officer never even brought the defendant in front of the camera so one could hear him or see him.
Result:	The State dropped the DUI.

Jul 18, 2018	Case: 2018-CT-018768	Judge Silverman
Facts:	The defendant was stopped for crossing over the center lane divider into oncoming traffic. The officer noticed the defendant to have an odor of alcohol, a slight slur to his speech, and red/glassy eyes. The defendant fumbled with his documents and his manipulation was slow. He also stumbled and tripped on his feet. He then performed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .102 and .098 in the breath machine.
Defense:	Due to the .02 margin of error in the breath machine, the firm was able to point out that one of the defendant's breath alcohol results could have been under the legal limit. Also, the videotape contradicted the officer's reports as to many things. For example, the defendant never tripped or stumbled and his speech was not slurred. Also, the extent of alleged impairment on the field sobriety tests as written in the reports was contracted by the tape.
Result:	The State dropped the DUI.

Jul 9, 2018	Case: 2018-CT-001034	Judge Grosshans
Facts:	The defendant was the at fault driver in a traffic crash. When officers arrived, they noticed the defendant to have an odor of alcohol, thick tongued speech, and he was very off balance. He admitted to consuming some drinks at a bar. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew. a .208 and .191 in the breath machine.
Defense:	Parks and Braxton raised the issue of a 316.645 violation. Specifically, the procedures surrounding a crash followed by a DUI arrest were not in compliance.
Result:	The State dropped the DUI.

Jul 9, 2018	Case: 2017-CT-001618	Judge Grosshans
Facts:	The defendant was stopped for speeding and weaving. Officers observed the defendant to have an odor of alcohol, red eyes, and a slur to his speech. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense:	It was clear from the tapes that the defendant's performance on the field sobriety tests was as easily attributable to his weight and physical ailments versus alcohol. This was discussed with the State prior to trial.
Result:	The State dropped the DUI.

Jul 9, 2018	Case: 1909-XDZ	Judge Newman
Facts:	The defendant was found passed out in his car. Officers observed him to have slurred speech, a flushed face, blood shot eyes, and he appeared incoherent. The defendant admitted to having taken numerous medications. He was arrested for DUI after performing the field sobriety tests. The defendant was asked for a urine sample and he refused.
Defense:	Under Florida law (Statute 316.193), the State must prove which "specific" chemical and/or controlled substance was impairing the defendant. Here, after we filed a motion for statement of particulars, the State could not give a response. On the day of trial, the DUI was Dismissed.
Result:	The DUI was dismissed.

Jun 26, 2018	Case: 18-CT-00068	Judge Everett
Facts:	The defendant was stopped for driving the wrong way. The defendant had an odor of alcohol, slurred/mumbled speech, and he stated he had drank 3 to 4 beers and also smoked pot earlier in the day. The defendant denied being drunk and refused to perform field sobriety tests. He was then arrested for DUI. The search incident to arrest of the defendant's vehicle revealed marijuana and paraphernalia.
Defense:	It was evident from the discovery that the only reason the defendant was arrested for DUI was because he was refusing to perform roadside tests and cooperate, not because the police had probable cause. The State Dropped the DUI and he received no convictions for the possession of pot and paraphernalia charges.
Result:	The State dropped the DUI.

Jun 25, 2018	Case: 2018-CT-001399	Judge Cameron
Facts:	The defendant crashed his car into a giant palm tree. When police arrived, they saw the car up on a curb and up against the tree. The defendant was observed to have an odor of alcohol, slurred/mumbled speech, and he was off balance, staggering, and unsteady. The defendant was asked to perform field sobriety tests to which he complied. He performed very poorly and even stated "I am intoxicated." He was then arrested for DUI.
Defense:	In order to arrest someone for DUI, there must be probable cause. Here, the investigating officer didn't make any personal observations and relied on another officer's upon arriving. He then immediately went up to the defendant within seconds and asked him to perform the roadside tasks. When the defendant initially said no, he was immediately cuffed and told he was under arrest. He then stated he would do them and was subsequently uncuffed. However, due to the initial illegality of cuffing the defendant without probable cause, all the evidence would have been thrown out including the field sobriety tests, observations, and statements. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Jun 22, 2018	Case: 2017-CT-003998CTAXWS	Judge Poblick
Facts:	The defendant was stopped for swerving and straddling the lane markers. Officers observed the defendant to have an odor of alcohol and watery/glassy eyes. The defendant stated she had drank 2 to 3 beers. Her coordination and listening ability were fair. She then performed the field sobriety tests and was subsequently arrested for DUI. She later refused the breath test.
Defense:	It was apparent that the description the officers wrote about the defendant's level of impairment was contradicted by the video tape. The State Dropped the DUI and the defendant received No Conviction at all on her record.
Result:	The State dropped the DUI.

Jun 22, 2018	Case: 2017-CT-020592	Judge Hanser
Facts:	The defendant was stopped for a defective tail light. Officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank 2 beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .192 and .183 in the breath machine.
Defense:	The firm brought information forward that the tail light was not defective. We argued that if the traffic stop was unlawful, all the evidence would have been thrown out.
Result:	The State dropped the DUI.

Jun 18, 2018	Case: 16-024677MU10A	Judge M. Brown
Facts:	The defendant was involved in a one car crash on the highway. Upon arrival, the the officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant agreed to perform the walk and turn, one leg stand as well as the HGN (eye test) exercises. The officer stated that the defendant was unable to walk a straight line or keep her foot up during the sobriety tests. All tests were supposedly captured on video. The defendant was arrested for DUI.
Defense:	Upon receipt of the evidence, it was clear that there was a malfunction regarding the video equipment. Counsel argued that any evidence that would have been captured on video should be excluded.
Result:	The State dropped the DUI.

Jun 15, 2018	Case: 2017-CT-052281AXXXXX	Judge Atkin
Facts:	The defendant was found inside his car at a bar parking lot. Attention was drawn to his vehicle because his car alarm was going off. When the officer went to the car, the defendant was trying to get the alarm to turn off. Officers observed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He swayed and his movements were slow. He admitted to consuming several beers earlier in the night. He performed poorly on the field sobriety tests and was arrested for DUI.
Defense:	Officers had no reasonable suspicion of a crime to order the defendant to roll down his windows prior to making any DUI observations. Thus, all of the evidence that was gathered after he was ordered to roll down his windows was illegally obtained.
Result:	The State dropped the DUI.

Jun 13, 2018	Case: 2018-CT-000650	Judge Shoemaker
Facts:	The defendant was found passed out in his car by an officer. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and he stumbled while he stood. His eyes were bloodshot and his mouth as dry and pasty. He performed poorly on the field sobriety tests and was arrested for DUI.
Defense:	Parks & Braxton announced ready for trial. Given the fact that the defendant was sleeping behind the wheel of the vehicle, there was a question as to whether the defendant was in actual physical control of a motor vehicle. On the day of trial, the State dropped the DUI.
Result:	On the day of trial, the State Dropped the DUI and the defendant received no conviction at all on his record.

Jun 8, 2018	Case: 2018-CT-013770AXXXXX	Judge Naberhaus
Facts:	The defendant was stopped for speeding. Upon contact, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted to having drank 2 to 3 Bud Light beers. She swayed while she stood and was emotional. After performing the field sobriety tests on tape, she was arrested for DUI.
Defense:	The firm had discussions with the State whereby we pointed out them that the defendant's "normal faculties" were not impaired as required by Florida law.
Result:	The State dropped the DUI.