Jul 1, 2020	Case: 19-CT-001340	Judge Burns
Facts:	The defendant was stopped for weaving. He was crossing over the lane markers numerous times and driving on the grassy shoulder. The officer conducted a traffic stop believing that he may be an impaired driver. The officer observed an odor of alcohol, watery eyes, and he swayed. He refused to do roadsides and was arrested for DUI. He later refused the breath test.
Defense:	Parks and Braxton filed a motion to exclude any evidence that the defendant refused field sobriety tests. Under Florida case law, a defendant must be given adverse consequences by the officer if he refuses roadside tests, before the refusal can be admissible in court. Here, the officer did not give any. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jul 1, 2020	Case: 19-CT-001340	Judge Burns
Facts:	The defendant was stopped for weaving. He was crossing over the lane markers numerous times and driving on the grassy shoulder. The officer conducted a traffic stop believing that he may be an impaired driver. The officer observed an odor of alcohol, watery eyes, and he swayed. He refused to do roadsides and was arrested for DUI. He later refused the breath test.
Defense:	Parks and Braxton filed a motion to exclude any evidence that the defendant refused field sobriety tests. Under Florida case law, a defendant must be given adverse consequences by the officer if he refuses roadside tests, before the refusal can be admissible in court. Here, the officer did not give any. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 26, 2020	Case: AALGCJE	Judge Bedinghaus
Facts:	The defendant was stopped for driving without his headlights. The officer noticed an odor of alcohol, glassy eyes, and mumbling speech. The defendant also had fumbled dexterity and the front of his pants were wet. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense:	The defendant performed much better on the roadsides on videotape than as described by the officer in his reports. His speech was also clear and he did not appear to be off balance in regards to his dexterity. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 26, 2020	Case: AB7HF3E	Judge Bedinghaus
Facts:	The defendant was stopped for having inoperable taillights. The officer observed an odor of alcohol, bloodshot/watery eyes, and he stated he had drank beer. According to the officer, he failed the roadside tests and was arrested for DUI. He later blew a .084 and a .081 in the breath machine.
Defense:	The firm was able to point out to the State that the defendant's breath alcohol level was under the legal limit at the time of driving through the theory of retrograde extrapolation. In other words, going back in time. Under Florida law, for one to be guilty of DUI, one has to have an unlawful breath alcohol level "at the time of driving."
Result:	The State dropped the DUI.

Jun 26, 2020	Case: AB6TC6E	Judge Bedinghaus
Facts:	The defendant was stopped for allegedly cutting off a motorcycle. The officer noticed an odor of alcohol, watery/glassy eyes, and mumbled speech. He was also unsteady and admitted to having drank two beers. After performing the HGN (eye test), walk and turn, and finger to nose tests, he was arrested for DUI. Believing he may have also been impaired by a controlled substance, the officer requested urine in which the defendant tested positive for marijuana.
Defense:	Prior to trial the firm was able to show the State that the defendant had knee injuries which affected his performance on the roadsides. In addition, the State could not prove that he was impaired by marijuana as no DRE (drug recognition officer) evaluated the defendant and marijuana stays in one's system for 30 days. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 26, 2020	Case: AALGCJE	Judge Bedinghaus
Facts:	The defendant was stopped for driving without his headlights. The officer noticed an odor of alcohol, glassy eyes, and mumbling speech. The defendant also had fumbled dexterity and the front of his pants were wet. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense:	The defendant performed much better on the roadsides on videotape than as described by the officer in his reports. His speech was also clear and he did not appear to be off balance in regards to his dexterity. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 26, 2020	Case: AB7HF3E	Judge Bedinghaus
Facts:	The defendant was stopped for having inoperable taillights. The officer observed an odor of alcohol, bloodshot/watery eyes, and he stated he had drank beer. According to the officer, he failed the roadside tests and was arrested for DUI. He later blew a .084 and a .081 in the breath machine.
Defense:	The firm was able to point out to the State that the defendant's breath alcohol level was under the legal limit at the time of driving through the theory of retrograde extrapolation. In other words, going back in time. Under Florida law, for one to be guilty of DUI, one has to have an unlawful breath alcohol level "at the time of driving."
Result:	The State dropped the DUI.

Jun 26, 2020	Case: AB6TC6E	Judge Bedinghaus
Facts:	The defendant was stopped for allegedly cutting off a motorcycle. The officer noticed an odor of alcohol, watery/glassy eyes, and mumbled speech. He was also unsteady and admitted to having drank two beers. After performing the HGN (eye test), walk and turn, and finger to nose tests, he was arrested for DUI. Believing he may have also been impaired by a controlled substance, the officer requested urine in which the defendant tested positive for marijuana.
Defense:	Prior to trial the firm was able to show the State that the defendant had knee injuries which affected his performance on the roadsides. In addition, the State could not prove that he was impaired by marijuana as no DRE (drug recognition officer) evaluated the defendant and marijuana stays in one's system for 30 days. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 22, 2020	Case: 19-CT-056664	Judge Babb
Facts:	The defendant was stopped for an inoperable tag light. The officer noticed an odor of alcohol, red/glassy eyes, and she admitted to having consumed a couple of drinks. The defendant had clumsy dexterity and mumbled speech. After performing field sobriety tests, she was arrested for DUI. She later blew a .184 and a .172 in the breath machine.
Defense:	Many of the officer's observations, prior to and during the roadside tests, were contradicted by the video tape. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 22, 2020	Case: 19-CT-056664	Judge Babb
Facts:	The defendant was stopped for an inoperable tag light. The officer noticed an odor of alcohol, red/glassy eyes, and she admitted to having consumed a couple of drinks. The defendant had clumsy dexterity and mumbled speech. After performing field sobriety tests, she was arrested for DUI. She later blew a .184 and a .172 in the breath machine.
Defense:	Many of the officer's observations, prior to and during the roadside tests, were contradicted by the video tape. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 11, 2020	Case: AALGFFE	Judge Berlin
Facts:	The defendant was found passed out in his car in a construction site after a call went out about a suspicious vehicle. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot/watery eyes, and dilated pupils. The defendant was unsteady exiting his car and swayed while he stood. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	The video of the roadsides and the defendant's entire demeanor contradicted the officer's reports as to the level impairment. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 11, 2020	Case: AALGFFE	Judge Berlin
Facts:	The defendant was found passed out in his car in a construction site after a call went out about a suspicious vehicle. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot/watery eyes, and dilated pupils. The defendant was unsteady exiting his car and swayed while he stood. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	The video of the roadsides and the defendant's entire demeanor contradicted the officer's reports as to the level impairment. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 2, 2020	Case: 20-CT-500329	Judge Swett
Facts:	The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, thick tongued speech, and bloodshot/watery eyes. She also had a flushed face. After performing field sobriety tests, she was arrested for DUI. The officer also called in a DRE (drug recognition expert) because he had a belief she was also impaired by a controlled substance in addition to alcohol. She then submitted to the DRE exam at the BAT facility.
Defense:	After the officer's DRE exam, the DRE officer concluded that she was impaired by controlled substances. The firm was able to show through further discovery that his conclusion was wrong. The State Dismissed the DUI.
Result:	The DUI was dismissed.

Jun 2, 2020	Case: 20-CT-500329	Judge Swett
Facts:	The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, thick tongued speech, and bloodshot/watery eyes. She also had a flushed face. After performing field sobriety tests, she was arrested for DUI. The officer also called in a DRE (drug recognition expert) because he had a belief she was also impaired by a controlled substance in addition to alcohol. She then submitted to the DRE exam at the BAT facility.
Defense:	After the officer's DRE exam, the DRE officer concluded that she was impaired by controlled substances. The firm was able to show through further discovery that his conclusion was wrong. The State Dismissed the DUI.
Result:	The DUI was dismissed.

Mar 10, 2020	Case: 2019-CT-012318	Judge Conrad
Facts:	The defendant was stopped for speeding and cutting off another car. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. The defendant also had a suspended license.
Defense:	Per the NHTSA manual on roadside tests, officers should use caution administering the walk and turn and one leg stand to people who may be severely overweight. On video, it was clear the defendant was having trouble performing the physical exercises due to weight issues. The State Dropped the DUI and also the suspended license charge.
Result:	The State dropped the DUI.

Mar 10, 2020	Case: 19-CT-016734	Judge Conrad
Facts:	The defendant was stopped for weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed the field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test.
Defense:	The officer made the defendant look like a very impaired person on his field sobriety test reports. This was contradicted by the video tape. The State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 10, 2020	Case: 2019-CT-012318	Judge Conrad
Facts:	The defendant was stopped for speeding and cutting off another car. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. The defendant also had a suspended license.
Defense:	Per the NHTSA manual on roadside tests, officers should use caution administering the walk and turn and one leg stand to people who may be severely overweight. On video, it was clear the defendant was having trouble performing the physical exercises due to weight issues. The State Dropped the DUI and also the suspended license charge.
Result:	The State dropped the DUI.