Jul 23, 2019	Case: 18-027325MU10A	Judge M. Brown
Facts:	The defendant was found passed out in his car on the shoulder of the road. Upon awakening the defendant, the officer observed an odor of alcohol and appeared unsteady. He was asked to exit the car and perform field sobriety tests. He performed very poorly. For example, on the walk and turn, the defendant stepped off the line, took an incorrect number of steps, and used his arms for balance. On the one leg stand, he put his foot down and could not complete the exercise. He was arrested for DUI and later refused the breath test.
Defense:	Parks & Braxton took pretrial depositions of the two officers involved in the case. At the depo, the firm was able to question the officers and establish numerous inconsistencies in their testimony. The firm then filed a pretrial motion to suppress all the evidence. The firm not only argued that there was no legal basis to detain the defendant, but also that the officers were not credible. The Judge granted the motion and threw out all of the the evidence. The DUI was Dismissed.
Result:	The DUI was dismissed.

Jul 18, 2019	Case: 19-0001872MU10A	Judge Gottlieb
Facts:	The defendant was found passed out in her car in the roadway. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot eyes, and slurred speech. After refusing to perform roadsides, she was arrested for DUI. She later refused the breath test.
Defense:	Parks & Braxton took pretrial depositions of the two officers involved in the case. Upon questioning officer, the firm was able to impeach each officer with their own police reports, as well as the video. In addition, the defense was able to get each officer to provide conflicting testimony. After providing the two depos to the State, they Dropped the DUI and the defendant received no conviction on her record.
Result:	The State dropped the DUI.

Jul 17, 2019	Case: 2018-CT-019817	Judge Weis
Facts:	The defendant was stopped for speeding and failing to stop at a red light. According to the officer, he was traveling close to 100 mph. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He fumbled through his paperwork and seemed confused. The defendant refused to perform roadside exercises and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI within five years.
Defense:	The officer who conducted the traffic stop called for a DUI unit. However, the officer never asked for unit with an in car camera, even though others were available to film the defendant. Also, the defendant was never advised of any adverse consequences for refusing to perform the field sobriety exercises as required by case law. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Jul 16, 2019	Case: 2019-CT-001802	Judge Smith
Facts:	The defendant was stopped for driving with no headlights and also hitting a curb. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and she was unsteady on her feet. Her speech was slurred at times and she admitted to having drank a couple of glasses of wine. After performing the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .151 and a .145 in the breath machine.
Defense:	The video contradicted the officer's reports as to the specifics of her actual performance on the field sobriety tests, her speech pattern, and her balance.
Result:	The State dropped the DUI.

Jul 3, 2019	Case: 18-CT-019685	Judge Myers
Facts:	The defendant was stopped for speeding. The officer noticed the defendant to have an odor alcohol, slurred speech, and bloodshot eyes. He also fumbled around with his documents. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense:	The firm announced ready to set the case for trial. Prior to trial, the firm pointed out numerous inconsistencies in the officer's reports and also contradictions as compared to the videotape. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jul 2, 2019	Case: 2019-CT-000881	Judge Farr
Facts:	The defendant was stopped for weaving, swerving, and sitting through traffic light cycles. The officer observed her to have an odor of alcohol, bloodshot eyes, and she gave inconsistent statements. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .130 and a .119 in the breath machine.
Defense:	The video contradicted the officer's report as to many aspects of the alleged impairment. The State Dropped the DUI and she received no conviction.
Result:	The State dropped the DUI.

Jun 26, 2019	Case: 19-CT-005000	Judge Castor
Facts:	The defendant was stopped for speeding. The defendant had an odor of alcohol, bloodshot eyes, and he admitted to having drank beer. He was unsteady on his feet and also swayed. He then performed numerous field sobriety tests and was arrested for DUI. After his arrest he blew. a .204 and a .197 in the breath machine.
Defense:	When the officer turned on his police lights to initiate the traffic stop, the defendant did not stop immediately. He kept driving a bit until he reached his house. The officer ordered him out of the vehicle at gunpoint. There was no legal basis to justify the officer's initial detention by gunpoint as the defendant only drove a short distance, did not speed up upon seeing the police lights, and there was no evidence he was trying to flee.
Result:	The State dropped the DUI.

Jun 25, 2019	Case: 18-028803MU10A	Judge Pole
Facts:	Police stopped the defendant after an anonymous caller stated that the defendant had struck a guardrail and was driving recklessly. Prior to the stop, the officers also spotted the defendant driving into oncoming traffic. The defendant had glassy eyes, constricted pupils, and rambled when he spoke. Believing he was impaired by drugs, as there was no odor of alcohol, he was asked to perform roadside tasks. He performed very poorly and was arrested for DUI. He later refused a breath and urine test.
Defense:	Prior to trial, the firm filed a motion for statement of particulars. Were were requesting that the prosecutor advise us by what chemical and/or controlled substance was allegedly impairing the defendant. Under Florida law, to convict one of DUI drugs, the State must specify by which "specific" chemical and/or controlled substance the defendant is impaired by. Here, they could not and the State Dropped the DUI and the defendant recieved no conviction on his record.
Result:	The State dropped the DUI.

Jun 21, 2019	Case: 19-0020060MMM10A	Judge Levy
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant refused to perform roadsides and was arrested for DUI. She later refused the breath test. She also cursed and used derogatory slurs to the officers throughout the investigation.
Defense:	Parks and Braxton filed a pretrial motion to suppress the refusal to provide a breath sample. Under Florida law, a breath sample cannot be requested by the police until after a person has been arrested for DUI. Here, the officer requested a breath test and read implied consent prior to arresting her. The State conceded the motion and Dropped the DUI. She received no conviction on her record.
Result:	The State dropped the DUI.

Jun 20, 2019	Case: 2019-CT-019301	Judge Atkin
Facts:	The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and difficulty finding her items. They also noticed droopy eyelids, a flushed face, and low speech. The defendant stated she had drank two shots of tequila and two beers. She only performed the HGN (eye test) and then refused further testing. She was arrested for DUI and later refused the breath test.
Defense:	On video, the defense pointed out that the officer had not properly placed his camera to capture the full DUI investigation. Thus, it was not only hard to see the defendant’s actions, but also hard to hear her speech.
Result:	The State dropped the DUI.

Jun 20, 2019	Case: 2019-CT-002170	Judge Bigney
Facts:	The defendant was involved in a sideswipe crash. When officers arrived, he was observed to have an odor of alcohol, red eyes, and slurred speech. He then performed very poorly on the roadside tests. For example, on the walk and turn, he stepped of the line numerous times, used his arms for balance, and swayed the entire time. On the one leg stand, he put his foot down numerous times and stumbled. He was then arrested for DUI and later blew a .187 and a .181 in the breath machine. This was the defendant's Third DUI.
Defense:	Prior to trial, the firm pointed out to the State that the defendant was not the at fault driver. Also, the video contradicted the reports. For example, his speech was not slurred on tape. Thus, there was doubt as to whether the officer had enough reasonable suspicion of crime to even conduct a DUI investigation. The State Dropped the DUI and he received no conviction on his record.
Result:	The State dropped the DUI.

Jun 18, 2019	Case: 2019-CT-000871	Judge Hitzemann
Facts:	The defendant was stopped for weaving all over the road. This driving pattern was captured on video tape. Upon being stopped, the officer observed the defendant to be lethargic, he had trouble focusing, fumbled with his documents and appeared to be falling asleep. He had bloodshot eyes, slurred speech, and trouble sitting upright. The officer did not smell any alcohol, but believing he was impaired by drugs, asked him to perform roadsides. The defendant performed poorly and was arrested for DUI. He later refused both a breath and urine test.
Defense:	Under Florida law, to convict one of DUI involving drugs, the State must prove under 316.193 (Fla. Statutes) that a defendant was impaired by a "specific" chemical and/or controlled substance. Here, the firm pointed out to the State that they could not. The Sate Dropped the DUI and the defendant received no conviction on his record.
Result:	The State dropped the DUI.

Jun 13, 2019	Case: 2019-CT-002522	Judge Booras
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and his movements were slow and lethargic. He admitted to having consumed 4 Grey Goose vodkas. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .202, a .188, and a .199 in the breath machine.
Defense:	Parks & Braxton was able to show that the machine was having issues as there were three results, and not the required two samples.
Result:	The State dropped the DUI.

Jun 12, 2019	Case: 2019-CT-001496	Judge Mcginnis
Facts:	The defendant was accused of being the at fault driver in a side swipe crash. When officers arrived, they smelled an odor of alcohol, noticed bloodshot eyes, and and his lips were dry. He staggered as he walked and appeared slow and unsteady. He performed very poorly on the the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .134 and a .132 in the breath machine.
Defense:	The firm announced ready for trial. Although there was a witness who stated that the defendant was the driver, the firm provided physical proof to the State that the female in the defendant's car was actually the driver. On video, the defendant adamantly denied being the driver and the female stated she was the driver. We provided pictures to the State that showed the injuries to the defendant's neck and body were consistent with seat belt marks proving he was in the passenger seat as the marks on his body were from right to left. A week prior the trial date, the State Dismissed the DUI.
Result:	The DUI was dismissed.

Jun 12, 2019	Case: 18-024685MU10A	Judge M. Brown
Facts:	The defendant was stopped for failure to maintain a single lane. Specifically, he would drift out of his lane and into the bicycle lane. He was also slow to go through a green light. The officer observed the defendant to have an odor of alcohol, slow/slurred speech, and he admitted to having consumed three drinks. He also stated he had taken Xanax. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	Parks & Braxton filed a motion to suppress the lawfulness of the traffic stop. While cross examining the officer who conducted the stop, his credibility was called into question. He was impeached numerous times with his reports and body worn camera. The Judge granted the motion and threw out all of the evidence. The State dismissed the DUI. It should be noted that the firm also beat the defendant's first DUI.
Result:	The DUI was dismissed.

Jun 10, 2019	Case: 2019-CT-017422	Judge Jacobus
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had difficulty finding her documents. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She later blew a .185 and a .178 in the breath machine.
Defense:	The defense pointed out issues surrounding whether or not the defendant had been improperly coerced into taking a breath test.
Result:	The State dropped the DUI.

Jun 6, 2019	Case: 2019-MM-01266AP	Judge Hamilton
Facts:	The defendant was stopped for driving with no taillights activated. The officer observed an odor of alcohol, bloodshot eyes, a flushed face, and he admitted to having two beers. According to the officer, he failed the roadside tests and was arrested for DUI. He subsequently refused the breath test.
Defense:	The video tape contradicted the officers reports as to the level to the defendant's alleged impairment. The firm was ready for trial. The State then Dropped DUI and the defendant received no conviction on his record.
Result:	The State dropped the DUI.

Jun 6, 2019	Case: 18-CT-021492	Judge Senior for Lefler
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and fumbling fingers. He had watery eyes and was unsteady. According to the officer, he failed the field sobriety tests and was arrested for DUI.
Defense:	Due to a language barrier, it was unclear if the defendant understood all the instructions on the roadside tests. Thus, there was doubt if the alleged impairment was due to alcohol or simply not understanding the instructions due to language difficulties.
Result:	The State dropped the DUI.

Jun 5, 2019	Case: 2018-CT-001197	Judge Jeske
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having two drinks. After performing the HGN (eye test), he refused to perform all further roadsides. He was then arrested for DUI and later refused the breath test.
Defense:	The firm discovered through discovery that the HGN (eye test) had been done by another cop, not on video, and not documented. As the results could have been exculpatory (i.e. favorable to the defendant), the two police officer's credibility were called into question.
Result:	The State dropped the DUI.