Jun 4, 2019	Case: 2019-CT-002622	Judge Palomino for Lefler
Facts:	The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He then agreed to perform field sobriety tests. He was subsequently arrested for DUI. After his arrest, he blew a .090 and a .090 in the breath machine.
Defense:	There is a .02 margin of error in breath testing. Thus, the firm was able to show the state that the defendant's breath results could have been under the legal limit. The State then Dropped the DUI.
Result:	The State dropped the DUI.

Jun 4, 2019	Case: 2019-CT-001531	Judge Conrad
Facts:	The defendant was stopped after a call went out about a reckless driver. When officers made contact, they observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed poorly on the field sobriety tests. She was then arrested for DUI. After her arrest, she blew a .157 and a .150 in the breath machine.
Defense:	There was no corroboration of the the alleged "reckless driving" pattern. Without any corroboration, the lawfulness of the traffic stop was called into question.
Result:	The State dropped the DUI.

May 21, 2019	Case: 2019-CT-015964	Judge T. Brown
Facts:	The defendant was stopped for weaving and almost causing a crash. The defendant had an odor of alcohol, slurred speech, and bloodshot/watery eyes. She exited the vehicle slow, staggered as she walked, and also swayed. After performing field sobriety tests, she was arrested for DUI. After her arrest, she blew a .134 and a .130 in the breath machine.
Defense:	The legality of the traffic stop was called into question as the alleged driving pattern was only vaguely described.
Result:	The State dropped the DUI.

May 20, 2019	Case: 2018-CT-007009-O	Judge Caraballo
Facts:	The defendant was stopped for driving at a high rate of speed, stopping abruptly, and nearly causing a crash. The officer noticed an odor of alcohol, glassy eyes, and poor dexterity. She admitted to having consumed vodka/cranberry cocktails. She performed poorly on the field sobriety tests and was arrested for DUI. She later refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the defendant had two herniated discs and a shoulder injury from a prior traffic crash whereby she had been hit by a Ram 2500 pickup truck. Yet, the officer still had her do the walk and turn and one leg stand exercises. He didn't conduct any non-physical exercises such as the finger to nose or alphabet. Thus, any impairment could have equally been attributable to the injuries versus alcohol. The State Dropped the DUI and the defendant received no conviction.
Result:	The State dropped the DUI.

May 20, 2019	Case: 2019-MM-005118	Judge Booras
Facts:	Florida fish and wild life law enforcement boarded the defendant's boat for a safety inspection. They observed the defendant to have an odor of alcohol and watery/bloodshot eyes. He was then asked to perform field sobriety tests. He performed the HGN (Eye test), palm pat, finger to nose, and hand coordination exercises. He was then arrested for Boating under the influence. After his arrest, he refused the breath test.
Defense:	The officer did not write any specifics as they related to the roadside tasks. Also, one's eyes can be watery and bloodshot after being in the sun and on the sea water. In addition, none of the defendant's normal faculties were impaired. The firm convinced the State to then Dismiss the Boating under the influence charge.
Result:	The DUI was dismissed.

May 14, 2019	Case: 2018-CT-018939	Judge Dominguez for Lefler
Facts:	The defendant was stopped for driving the wrong way on the highway causing others to avoid a collision. The defendant appeared disoriented and had glassy eyes. When the defendant spoke, he did not make any sense and also had difficulty following directions. He admitted to taking several unknown prescription medications. There was no odor of alcohol, but the officer suspected impairment by drugs. After performing poorly on the field sobriety tests, he was arrested for DUI. He later refused both a breath and urine test.
Defense:	Prior to trial, the firm filed a motion for statement of particulars in order to force the State to disclose, as requited by the DUI Statute, by which "specific" drug they are alleging that the defendant was impaired by. In order to convict someone of DUI in Florida, the State the must prove that the defendant was impaired by alcohol and/or a "specific" chemical and/or controlled substance. Here, the State was not able to name the specific substance that was impairing the defendant. The DUI was dropped and he received no conviction on his record.
Result:	The State dropped the DUI.

May 9, 2019	Case: 2018-MM-014085	Judge Conrad
Facts:	The defendant was stopped for swerving and almost colliding with a semi truck. Officers observed an odor of alcohol, glassy eyes, and he handed them a credit card instead of his drivers license. He also had slurred speech and performed poorly on the field sobriety tests. He was arrested for DUI. In a search incident to arrest for the DUI, officers also found marijuana and drug paraphernalia.
Defense:	It was pointed out to the state that the officer was unsure what was allegedly impairing the defendant. On tape, when asked by the defendant what he was under the influence of, the officer stated "probably " alcohol. If the arresting officer is unsure, then how can the case be proven beyond a reasonable doubt in court. The state dropped the DUI and also dismissed both drug charges.
Result:	The State dropped the DUI.

May 8, 2019	Case: 2019-CT-013435	Judge Atkin
Facts:	The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, glossy/watery eyes, and slurred speech. The defendant stated he had drank 3 to 4 beers, was slow exiting the vehicle, and swayed wile he stood. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a. 190 and a .175 in the breath machine.
Defense:	The lawfulness of the traffic stop was called into question since it was unclear all of the specifics of distance and time of the alleged driving pattern. The State Dropped the DUI.
Result:	The State dropped the DUI.

May 2, 2019	Case: A2FJW9P	Judge Sosa-Bruzon
Facts:	The defendant was passed out in his car in the middle of an intersection. Upon awakening the defendant, his car rolled forward and crashed. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had vomit on him and was extremely unsteady. He admitted to having consumed beers and performed very poorly on the roadside tasks. He was arrested for DUI and later blew a .198, and a .180 in the breath machine.
Defense:	The firm pointed out to the State, that on the body worn cameras, the defendant was improperly coerced into taking the breath test.
Result:	The State dropped the DUI.

Apr 30, 2019	Case: 2018-CT-058468	Judge Babb
Facts:	The defendant was stopped for failing to maintain a single lane and having an inoperable tail light. The officer noticed the defendant to have an odor of alcohol, slow/slurred speech, and bloodshot/glassy eyes. She also staggered and swayed. After performing the field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	The defendant attempted to blow into the machine numerous times and never actually refused. However, there were numerous problems with the machine each time she attempted to provide a sample. Due to the machine having problems, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 30, 2019	Case: 2018-CT-019322	Judge Farr
Facts:	The defendant was stopped for running a stop sign. The officer observed the defendant to have an odor of alcohol, red/glassy eyes, and mumbled speech. According to the officer, he failed all the field sobriety tests and was arrested for DUI. This was the defendant's Third DUI.
Defense:	Prior to trial, it was pointed out to the State that the officer's reports contradicted each other. For example on one page, the officer wrote that the defendant was riding a red bike, however, he was actually driving a blue jeep. On another page, he stated that he observed nystagmus in the defendant's eyes prior to 45 degrees during the HGN (eye tests). Yet, on another page, he did not observe any nystagmus. Also, the officer tried to make the defendant out to be a falling down drunk which was contradicted by the videotape. The State Dropped the defendant's Third DUI just prior to trial.
Result:	The State dropped the DUI.

Apr 30, 2019	Case: 2018-CT-048511	Judge Atkin
Facts:	The defendant was stopped for speeding and weaving. Upon contact, the officer observed an odor of alcohol, bloodshot eyes, and a dry mouth. The defendant was slow exiting the vehicle, slow walking, and swayed while he stood. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	The firm pointed out that the defendant had inner ear surgery which caused balance issues. He also had a traumatic brain injury which caused cognitive and balance issues. Thus, we pointed out that there was reasonable doubt as to whether the impairment was due to his injuries versus alcohol.
Result:	The State dropped the DUI.

Apr 30, 2019	Case: 2019-CT-001073	Judge Epperson
Facts:	The defendant was stopped by police after he was stopped in the middle of the road obstructing traffic. The defendant was asked to step out the vehicle. Once out, the officer observed glassy/red/bloodshot eyes, he swayed, and also staggered. The defendant "weaved" while he walked and continuously licked his lips. Believing he was impaired by some type of chemical and/or controlled substance, he was asked to perform field sobriety tests. According to the officer, he failed and was arrested for DUI . After his arrest, he submitted to a DRE (drug recognition exam) and a urine tests.
Defense:	The officer's credibility as a DRE officer was called into question. On one hand, he determined that the defendant was under the influence of a CNS depressant, and on the other hand, he determined he was impaired by a CNS stimulant. The two things are opposites, so his conclusions did not make sense. In addition, the urine test was also inconsistent with his DRE conclusions. The DUI was Dismissed.
Result:	The DUI was dismissed.

Apr 30, 2019	Case: 2018-MM-057925	Judge Jacobus
Facts:	The defendant was stopped for weaving in and out of traffic and accelerating at a high rate of speed. The officer observed an odor of alcohol, stuttering speech, and he admitted to having had consumed one drink. After refusing the field sobriety tests, he was arrested for DUI.
Defense:	The defendant's refusal to perform field sobriety tests was inadmissible because the officer had not advised the defendant of any adverse consequences for refusing as required by Florida case law.
Result:	The State dropped the DUI.

Apr 30, 2019	Case: 2018-CT-051419	Judge Jacobus
Facts:	The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and unsure/clumsy movements. His pupils were slightly dilated, speech was slow at times, and he admitted to having drank beer. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later blew a .087 in the breath machine.
Defense:	The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and unsure/clumsy movements. His pupils were slightly dilated, speech was slow at times, and he admitted to having drank beer. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later blew a .087 in the breath machine.
Result:	The State dropped the DUI.

Apr 26, 2019	Case: 2018-CT-019920	Judge Cunningham
Facts:	The defendant was involved in a traffic crash. Officers observed the defendant to have an odor of alcohol, slurred speech, and he was acting erratic. He admitted to having drank 4 beers. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .199 and a .196 in the breath machine.
Defense:	Through an independent investigation by the firm, we were able to establish that the defendant did not cause and/or contribute to the crash as required by law to prove DUI with a crash. The State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 23, 2019	Case: 2019-CT-001500	Judge Hanser
Facts:	Officers were called to a parking garage where the defendant's vehicle was causing a disturbance by "drifting." Officers stopped the vehicle and noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. He was sweating profusely, uneasy on his feet, and belligerent. The defendant had a Cold & Frosty 6-pack of beer in his vehicle. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	In order to stop a vehicle, there must be probable cause to believe an infraction occurred or reasonable suspicion of a crime. Here, the officer lacked both and the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 22, 2019	Case: 2019-CT-012045	Judge Koenig
Facts:	The defendant was stopped for straddling the lane markers. The officer observed the defendant to have an odor of alcohol, slurred speech, and glossy/watery eyes. The defendant had poor dexterity, swayed, and admitted to drinking beer. After performing the field sobriety tests, he was arrested for DUI.
Defense:	During the HGN (eye test), an angle of onset in the defendant's eyes was not observed prior to 45 degrees. Under Tharpes formula, this would indicate that the defendant had a breath alcohol level under the legal limit at the "time of driving."
Result:	The State dropped the DUI.

Apr 22, 2019	Case: 2019-CT-056456	Judge Koenig
Facts:	The officer was on foot patrol and noticed the defendant in the parking lot of a bar having difficulty walking in a straight line holding a key in his hand. The defendant tried to conceal himself then ducked behind a fence. The officer observed the defendant open the driver’s door and sit in the driver's seat. The officer then made contact and observed an odor of alcohol, mumbling speech, and glassy eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .215 and a .210 in the breath machine.
Defense:	An officer must have reasonable suspicion of a crime in order to lawfully detain a person. Here, there were legally insufficient specific articulable facts justifying the officer to detain the defendant as he initially sat down in his seat.
Result:	The State dropped the DUI.

Apr 18, 2019	Case: A9EVGYE	Judge Riba
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. He also had slurred speech, a flushed face, and fumbled with his documents. He was unsteady, swayed, and staggered while outside the car. The defendant refused to perform all of the roadside tasks other than HGN (eye test), and was then arrested for DUI. He later refused the breath test.
Defense:	The video contradicted the police reports and this was brought to the State's attention by the firm. On tape, the defendant's speech was normal and he was not off balance or unsteady. The State Dropped the DUI.
Result:	The State dropped the DUI.