Jan 23, 2025	Case: 24-CT-001584CTAXWS	Judge Swett
Facts:	Police were called to a McDonalds regarding drunk patron (i.e., the defendant). When police arrived, they came into contact with the defendant and smelled alcohol, observed slurred speech, and had an inability to walk without swaying. No one could find the keys to the car as the defendant had discarded them before the cops arrived. In a jail call later to his mother, he stated that he hid them. Officers went into McDonalds and saw the video of him behind the wheel. He refused to do roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime "in their presence." Here, the officer did not observe the defendant driving or in actual physical control when he arrived (i.e., the first element of a DUI). Watching him on a McDonalds video is not in his presence. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dropped.
Result:	The State dropped the DUI.

Jan 23, 2025	Case: 24-CT-002005CTAXWS	Judge Grey
Facts:	The defendant was stopped for swerving, drifting in his lane, rapidly accelerating, following too closely, and almost striking another car. Officers observed an odor of alcohol and he admitted to consuming four beers. He also had slurred speech, dry mouth, watery eyes, and he made unusual/inconsistent statements. He was also unsteady and swayed while he stood. After performing HGN (eye test), the walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 23, 2025	Case: 24-MM-002668MMAXWS	Judge Grey
Facts:	The defendant was stopped for swerving and failing to maintain her lane. Officers noticed an odor of alcohol, slurred speech, and she was unsteady. She admitted to having drank alcohol and also stumbled. She refused to perform field sobriety tests and was arrested for DUI. She refused to get into the patrol car and was also charged with resisting an officer without violence. She later refused a breath test.
Defense:	When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI and she received no conviction on the resisting charge.
Result:	The State dropped the DUI.

Jan 22, 2025	Case: 24-CT-011540	Judge Bagge-Hernandez
Facts:	The defendant was the at fault driver in a rear end traffic crash. Witnesses stated that she was driving at a high rate of speed and cutting across lanes of traffic prior to the accident. Officers noticed an odor of alcohol, slurred speech, and watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 22, 2025	Case: 24-CT-013463	Judge Taylor
Facts:	The defendant drove up to officers as they were on an unrelated traffic stop/crash scene. Officers approached him and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also urinated on himself and had an unsteady stance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense:	After conversations with the State regarding the defendant and the evidence, they Dropped his Second DUI.
Result:	The State dropped the DUI.

Jan 22, 2025	Case: 24-CT-013268	Judge Taylor
Facts:	The defendant was stopped for speeding and also nearly striking a police car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He exhibited unsteady balance and admitted to having drank alcohol. He performed poorly on the roadside tests such as the walk and turn and one leg stand. He was arrested for DUI and later blew a .182 and .175 in the breath machine.
Defense:	After negotiations regarding the defendant and evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 22, 2025	Case: 24-CT-013306	Judge Taylor
Facts:	The defendant was stopped for running a stop sign and weaving. Officers noticed an odor of alcohol, slurred speech, confusion, and watery eyes. He admitted to drinking alcohol and had a wristband on from a bar. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense:	The defendant's field sobriety tests on tape were much better than as described in the police reports. Also, his speech was not slurred on tape and he did not appear confused. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Jan 21, 2025	Case: 24-CT-045137	Judge Skinner
Facts:	Police were called to a hospital parking lot due to a male being passed out in his car with the engine running. The officer arrived and noticed the defendant slumped over the wheel. The officer got the defendant out of the car to check on his well-being. He noticed an odor of alcohol, glassy eyes, and pinpoint pupils. He was unsure, confused, and was very unsteady. He almost fell over and officers had to grab him to keep him from falling. The defendant stated he "was drunk as fuck." No roadside tests were conducted and he was arrested for DUI. He later blew a .313 and .310 in the breath machine (almost 4 times the legal limit).
Defense:	The firm provided mitigation evidence to the State regarding the defendant. After reviewing the mitigation documents and many conversations with the prosecutor, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 21, 2025	Case: 24-CT-047530	Judge Skinner
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He appeared clumsy, swayed while he stood, and his movements were slow. The defendant stated that he had consumed multiple shots of vodka and drank beers. He performed very poorly roadside tests and was arrested for DUI. He later blew a .204 and .200 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 21, 2025	Case: 24-CT-400419	Judge D. Johnson
Facts:	The defendant was pulling out of a parking lot. Before pulling out, he reversed and backed up into a police car. Once out the car, the officer had him kneel on the ground. Due the defendant's "erratic behavior," the officer called for other officers and handcuffed him. Once other officers arrived, he was then placed in the back of patrol car while still cuffed. He was in the back seat cuffed for well over 30 minutes until a DUI officer arrived. Officers noticed an odor alcohol, he admitted to having drank two beers and taking illegal drugs, and he was argumentative. His speech was confused and rapid. He performed poorly on all the field sobriety tests and was arrested for DUI. He later blew a .137 and .136 in the breath machine.
Defense:	The firm filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was illegally being seized by being cuffed not only from the beginning, but also while cuffed in the back of a patrol car for over 30 minutes without probable cause to believe that he was DUI. On video, the DUI officer arrived and even asked why was he in the back of the patrol car cuffed. The Judge agreed that he was unlawfully seized, granted the motion, and threw out all the evidence. The State then Dropped the DUI to a civil infraction of careless driving. No points, no conviction, and all the defendant had to do was pay a fine.
Result:	The State dropped the DUI.

Jan 21, 2025	Case: 24-CT-011420	Judge Gutman
Facts:	The defendant was stopped for crossing over the double yellow lane divider. When running her tag, she had a suspended driver's license. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. During field sobriety tests, she was acting in a bizarre fashion by doing dance moves and air squats. She performed poorly and was arrested for DUI. She later refused a breath test.
Defense:	After conversations about the case just prior to trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 21, 2025	Case: 24-CT-013276	Judge Gutman
Facts:	The defendant was stopped for making an illegal turn. The officer noticed an odor of alcohol, a tired/lethargic appearance, and slurred speech. He also had a blank/dazed stare, slow/deliberate movements, and watery eyes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .147 and .147 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Jan 21, 2025	Case: 24-CT-011792	Judge Gutman
Facts:	The defendant was the at fault driver in a front bumper to front bumper crash because he was driving the wrong way. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant Second DUI.
Defense:	Many observations written in the reports were contradicted by the video. After negotiations, the State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Jan 21, 2025	Case: 24-CT-010797	Judge Gutman
Facts:	The defendant was stopped for swerving, running a stop sign, and speeding. Officers noticed an odor of alcohol, slurred/slow speech, and glassy eyes. He provided incorrect paperwork, swayed while he stood, and stated he had consumed three alcoholic beverages. After performing the HGN (eye tests), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 21, 2025	Case: 24-CT-013299	Judge Gutman
Facts:	The defendant was stopped after he was weaving and nearly struck a concrete barrier. Officers noticed an odor of alcohol, several open beer bottles in the cabin of the truck, and bloodshot eyes. His speech was slurred and he was unable to answer basic questions. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After several negotiations regarding the case, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 14, 2025	Case: 24-CT-002096	Judge
Facts:	The defendant was alleged to have been the at fault driver in a traffic crash. Officers noticed an odor of alcohol, a flushed face, swaying, and staggering. His speech was slurred and he appear disheveled. He performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	On video, the defendant was blaming his girlfriend as being the driver and she was blaming him for being the driver. The civilian witnesses could not make a positive ID who was driving at the time of the crash. The officers tried to pull video from the WAWA but couldn't. After negotiations, the State could not prove who was driving at the time of the crash and they Dismissed the DUI.
Result:	The DUI was dismissed.

Jan 14, 2025	Case: 24-CT-502689	Judge George
Facts:	The defendant was stopped for making an illegal U-turn. Officers observed an odor of alcohol, an odor of marijuana, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 10, 2025	Case: 24-CT-003245	Judge Gould
Facts:	The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, sluggish speech, a flushed face, droopy/glassy eye lids, and he admitted to having consumed a beer and one Jack Daniels after playing golf. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later refused a breath test.
Defense:	The firm announced ready for trial. Just prior to the trial date, we pointed out to the State that the officer had the defendant, who is 71 years old, do the walk and turn and one leg stand, even though he told them on tape he had two hip replacements and ankle/foot issues. In addition, his speech was normal on tape and not sluggish, he was not off balance, totally responsive and coherent, and very polite. The firm had also listed the three witnesses who he had played golf with were ready to testify that the defendant was not impaired when he left the golf club just prior to the crash. The State Dropped the DUI a few days before the trial date.
Result:	The State dropped the DUI.

Jan 9, 2025	Case: 24-CT-012800	Judge Rich
Facts:	Facts: A call was made that the defendant appeared intoxicated at a convenience store. Officers found the defendant and observed an odor of alcohol, very slurred speech, and he was disoriented. He had bloodshot eyes and appeared unsteady. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense:	When officers located the defendant in the parking lot, they did not observe an indicators of intoxication. When they pulled up they turned their overhead lights on a blocked him in. Thus, the firm raised the issue with the State that there was an unlawful detention because one cannot feel free to leave when blocked in by a police car with lights on. The State Agreed and Dropped his Second DUI.
Result:	The State dropped the DUI.

Jan 9, 2025	Case: 24-CT-013684	Judge Rich
Facts:	The defendant was stopped for swerving and straddling lane markers. Officers noticed an odor of alcohol, red/glassy eyes and he denied drinking alcohol. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	Many observations written about the defendant's performance on the roadside tests were exaggerated as compared to the video tape. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.