Aug 1, 2022	Case: 21-017995MU10A	Judge Carpenter-Toye
Facts:	The defendant was involved in a multi vehicle crash. Multiple civilian witnesses stated that the defendant was driving at a high rate of speed and collided with the vehicle in front of him. The officer noticed a strong odor of alcohol and bloodshot eyes. Upon speaking with the defendant, the officer stated that he did know which county he was in. The defendant admitted to drinking a couple of margaritas for Taco Tuesday. The defendant was asked to perform a series of field sobriety tests, including the walk and turn and one leg stand. The defendant performed poorly and was arrested for DUI. The defendant subsequently blew a .157 and .164 in the intoxilyzer.
Defense:	Parks & Braxton filed a motion to suppress alleging that the defendant was unlawfully arrested. Specifically, the only individuals who observed the defendant behind the wheel were civilians. As a result, Florida Statute 316.645 requires the arresting officer to conduct an independent crash investigation. In this case, the officer only completed a DUI investigation, and did not take part in the crash investigation. The State contacted Parks & Braxton to concede the motion.
Result:	The State dropped the DUI.

Jul 27, 2022	Case: AFLIQBE	Judge Vaccaro
Facts:	The defendant was the at fault driver in a crash and he was also observed driving all over the road. When officers arrived, they observed the defendant to have glassy eyes, slurred/low speech, and he slowly exited the car. The defendant's eyes kept closing and his movements were slow. He had a dazed look and his eye lids were droopy. Believing he was impaired by drugs, he was asked to perform roadside tests. He performed poorly and was arrested for DUI. He later provided a urine test which was positive for marijuana after being tested at FDLE.
Defense:	Here, there was no smell of pot, no marijuana was found, and the defendant denied taking any drugs. Also, the marijuana stays in one's system for up to 30 days. The officer also noticed HGN (nystagmus) which would be inconsistent with someone under the influence of pot. The State could not prove that he was impaired by marijuana.
Result:	The State Dropped the DUI.

Jul 26, 2022	Case: 21-CT-051142	Judge Garagozlo
Facts:	The defendant hit a mailbox and then left the scene. He also traveled westbound in the eastbound lanes and almost hit two parked cars. After a BOLO went out, the police located the defendant and conducted a traffic stop. The defendant stumbled out of the car, he was slow to answer questions, and his pupils were constricted. He also had an orbital sway, had to have questions repeated, and would lean on his vehicle for balance. No odor of alcohol was detected. Believing he was impaired by drugs, he then performed various roadside tests. He performed very poorly on tape and was arrested for DUI and leaving the scene of an accident. He provided a urine test which revealed the presence of marijuana after being tested by FDLE.
Defense:	The firm pointed out that there was no odor of pot, no pot found, no statements about taking marijuana, and no officers wrote anything about detecting that the defendant was impaired by marijuana. It was obvious from the video tape that the defendant was severely impaired by something. The defense provided the defendant's medical records to the State which showed that he was admitted to the hospital less than two days after the DUI arrest with a bacteria/viral brain infection. We were successful in pointing out to the State that it was the brain issue, and not the marijuana, that caused the defendant's impairment. That infection had been lingering for days prior to the arrest. The DUI and the Leaving the scene of the accident charges were all Dismissed.
Result:	The DUI was dismissed.

Jul 26, 2022	Case: AEBMTVE	Judge Dittmer
Facts:	The defendant was stopped after he was swerving and also entered the bicycle lane. The officer noticed an odor of alcohol, red/watery eyes, and slow/slurred speech. Bottles of beer and vodka were found in the car as well. After performing various field sobriety tests, the defendant was arrested for DUI. He later refused the breath test.
Defense:	After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 30, 2022	Case: 22-CT-017211	Judge Garagozlo
Facts:	The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. He fumbled for his wallet, had a fixed gaze, and admitting to having drank one beer. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense:	The defendant was followed for a very long time on tape before the officer stopped him. So, our point to the State was how bad could his driving pattern have been if the cop waited that long to make the stop. Also, the defendant’s speech was not slurred on tape. After discussions with the State about the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 28, 2022	Case: 22-CT-000403	Judge Farr
Facts:	The defendant was stopped for drifting lane to lane and drifting into the bicycle lane. The officer noticed glassy/bloodshot eyes, an odor of alcohol and he had a glazed/dazed look. He performed poorly on roadside tests and was arrested for DUI. Believing that he was impaired by drugs and not alcohol, he was asked to provide a urine test. It later revealed positive results for a CNS stimulant and a CNS depressant.
Defense:	The State could not prove that he was under the influence of the specific drugs that day because the drugs that he tested positive for can be in one's system for multiple days.
Result:	The State dropped the DUI.

Jun 28, 2022	Case: 22-CT-001680	Judge Farr
Facts:	The defendant was stopped for speeding and weaving back and forth. The officer noticed an odor of alcohol, watery eyes, droopy eyelids, slurred speech, and an unsteady/drunk-like appearance. He then performed various roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI and later refused the breath test.
Defense:	The video tape contradicted many observations that the officer wrote about. For example, the defendant was not unsteady and his speech sounded normal.
Result:	The State dropped the DUI.

Jun 16, 2022	Case: AEBMRUE	Judge Mckyton
Facts:	The defendant was stopped after he was observed crossing over a solid yellow line and also passed another car in a no passing lane. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The officer saw a can of alcohol in the car and the defendant had a sway to his stance. The defendant then performed roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	After several negotiations with the State about the facts of the case, they Dropped the DUI.
Result:	The State dropped the DUI.

Jun 16, 2022	Case: ADW4UOE	Judge Croff
Facts:	The defendant was stopped for failing to stop at a red light. The officer observed an odor of alcohol, watery/glassy eyes, and slurred speech. He had a blank stare, a dazed look, and swayed while he stood. He then performed various roadside tests and was arrested for DUI. He later blew a .120 and .117 in the breath machine.
Defense:	The defendant's video tape contradicted many observations that the officer wrote about. For example, the defendant's speech was not slurred and he was not swaying. This called into question the officer's credibility.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AELCWQE	Judge Komninos
Facts:	The defendant was stopped for driving without headlights at night, speeding, weaving, and failing to obey a traffic control device. The officer noticed an odor of alcohol, slurred speech, and she appeared confused. She was very off balance and almost fell. She performed poorly on roadside tests and was arrested for DUI. She later blew .151 and .150 in the breath machine.
Defense:	After several negotiations with the State about the case and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AELCHTE	Judge Komninos
Facts:	The defendant was stopped for weaving. The officer alleged that he was drifting in and out of his lane and that he also drove over a concrete median. The officer noticed an odor of alcohol, watery eyes, and he had to ask the defendant to roll his windows down several times. The defendant admitted to having consumed 4 whiskey sours. After performing field sobriety tests, he was arrested for DUI. He later blew a.126 and .125 in the breath machine.
Defense:	Due to a lack of specificity as to the alleged driving pattern, such as time and distance, the lawfulness of the traffic stop was called into question.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AEBMJVE	Judge Komninos
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol and bloodshot/watery eyes. He was then asked to perform various roadside tests such as the walk and turn, one leg stand, and HGN (Eye test). He was subsequently arrested for DUI and later refused the breath test.
Defense:	Due to a lack of impairment, there was no reasonable suspicion of a crime to even request roadside tests.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AEX8UDE	Judge Komninos
Facts:	The defendant was stopped for swerving and weaving. The defendant also did not stop immediately even though there were places to pull over. The officer noticed an odor of alcohol, red/watery eyes, and slurred speech. She also appeared disoriented, confused, and unbalanced. After refusing field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	After several conversations with the State about the lack of evidence, such as no roadside tests and/or a breath test, the State Agreed to Drop the DUI.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: AEBMPIE	Judge Komninos
Facts:	The defendant was stopped for speeding and cutting off an officer. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed. After refusing to perform various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	On video, the defendant was trying to ask the officer questions about the DUI investigation. The officers can be seen and heard on tape telling him to shut up, shut his mouth, and stop with the monkey shit. This rudeness was pointed out to the State. The State then Dropped the DUI.
Result:	The State dropped the DUI.

Jun 15, 2022	Case: Komninos	Judge AEBMOME
Facts:	The defendant was stopped for not having his tag fastened on his car. The defendant had an odor of alcohol and admitted to having drank at least 3 beers. The officer also observed bloodshot eyes, slurred speech and he swayed while he stood. He then performed various roadside tests. He was then arrested for DUI and later refused the breath test.
Defense:	May observations in the police reports were contradicted by the video tape.
Result:	The State dropped the DUI.

Jun 14, 2022	Case: 21-CT-014423	Judge Galen
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. The defendant stated that he was at a local bar and had 3 shots. When asked on a scale from 0-10 how he felt, he stated a "4". After performing various roadside tests he was arrested for DUI. He later blew a .130 and .127 in the breath machine.
Defense:	After several conversations with the prosecutor regarding the case, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 10, 2022	Case: 21-CF-015800	Judge Goudie
Facts:	The defendant was stopped for weaving and almost hitting a police car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. He also appeared lethargic, his movements were slow, and he had a blank/dazed look. After refusing to perform roadside tests, he was arrested for DUI. This was his Second DUI. He was also charged with driving on a suspended license, second refusal, and possession of a controlled substance. He later refused to provide a breath sample.
Defense:	The firm showed proof that the drugs found were prescribed. The felony possession charge was Dismissed. After several negotiations with the State, they also Dropped the defendant's Second DUI and he received no further sanctions on DWLS and the refusal. In fact, the DWLS was amended to a No valid DL.
Result:	The State dropped the DUI.

Jun 9, 2022	Case: 22-CT-000989	Judge Taylor
Facts:	The defendant was stopped for weaving and interfering with traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also appeared very unsteady on her feet. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	Many written observations were contradicted by the video tape.
Result:	The State dropped the DUI.

Jun 9, 2022	Case: 22-CT-013251	Judge T. Brown
Facts:	The defendant crashed her car into a ditch and got stuck on rocks. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant gave confusing answers while speaking to police. She appeared very clumsy and exhibited mood swings. She started to perform the HGN (eye test), but did not finish it and refused to perform any further field sobriety tests. She was arrested for DUI and later refused the breath test.
Defense:	Under Florida law, a breath test can only be requested after the DUI arrest. Here, the officer asked the defendant for a breath test prior to arresting her. Thus, her refusal would have been excluded from evidence.
Result:	The State dropped the DUI.

Jun 9, 2022	Case: 22-CT-045327	Judge Jacobus
Facts:	The defendant was the at fault driver in a rear end crash. Officers did not smell an odor of alcohol, however, they noticed him to be swaying, have watery/red eyes, and his movements were slow. The defendant stated he had just taken Xanax. Believing he was impaired by drugs, he then performed field sobriety tests. He performed the HGN (eye test) and the walk and turn. He was then arrested for DUI and later refused to provide a urine test.
Defense:	On video, the officer did not read the defendant his Miranda rights. Thus, the defendant's statement about taking Xanax would have been excluded from evidence as a violation of the accident report privilege. Also, when the officer read the defendant implied consent prior to requesting urine, he explained the wrong penalties for refusing. Thus, the refusal would have been excluded as well. With the Xanax statement out and the refusal out, the State dropped the DUI to a civil careless driving.
Result:	The State dropped the DUI.