May 4, 2017	Case: 2016-CT-019784	Judge Jeske
Facts:	A caller had called 911 stating that the defendant was driving very erratically. When the officer spotted her, he observed her weaving and then initiated a traffic stop. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant denied having anything to drink. After asking the defendant four times to perform field sobriety exercises, and her continuing to refuse, the officer arrested her for DUI. After her arrest, she refused the breath test.
Defense:	Under Florida Case Law, a defendant must be advised of the adverse consequences of refusing to perform the field sobriety tests or the refusal is inadmissible into evidence. Here the officer simply arrested the defendant without advising her of any adverse consequences.
Result:	The State dropped the DUI.

May 2, 2017	Case: 2016-CT-029534AXXXXX	Judge Garagozlo
Facts:	The defendant was the at fault driver in a side swipe crash. After the crash, she left the scene and went to her house. The victim gave a description of the defendant, the make and model of the car, and tag number. The officers then went to the defendant's home a short time later. They made contact with her when she opened the front door. They observed an odor of alcohol, incoherent speech, and droopy eyelids. The defendant stated she had drank and taken pain medication prior to the crash. She then performed poorly on the roadside tests and was arrested for DUI and leaving the scene of an accident.
Defense:	Parks & Braxton filed a pretrial motion to suppress the defendant's statements about drinking and taking pain medications. Our motion was premised under the legal doctrine of corpus delicti which states that there must be independent substantial proof of a crime other than the defendant's statements. Here, there was no such evidence that the defendant was under the influence of alcohol or drugs at the time of the crash (i.e. driving). Prior to the motion hearing, the State Dropped the DUI. The defendant also received NO conviction for the LSA charge.
Result:	The State dropped the DUI.

May 2, 2017	Case: 2016-CT-029534AXXXXX	Judge Garagozlo
Facts:	The defendant was the at fault driver in a side swipe crash. After the crash, she left the scene and went to her house. The victim gave a description of the defendant, the make and model of the car, and tag number. The officers then went to the defendant's home a short time later. They made contact with her when she opened the front door. They observed an odor of alcohol, incoherent speech, and droopy eyelids. The defendant stated she had drank and taken pain medication prior to the crash. She then performed poorly on the roadside tests and was arrested for DUI and leaving the scene of an accident.
Defense:	Parks & Braxton filed a pretrial motion to suppress the defendant's statements about drinking and taking pain medications. Our motion was premised under the legal doctrine of corpus delicti which states that there must be independent substantial proof of a crime other than the defendant's statements. Here, there was no such evidence that the defendant was under the influence of alcohol or drugs at the time of the crash (i.e. driving). Prior to the motion hearing, the State Dropped the DUI. The defendant also received NO conviction for the LSA charge.
Result:	The State dropped the DUI.

May 1, 2017	Case: 2017-CT-000178	Judge Bell
Facts:	The defendant was stopped for speeding as he was going 91 mph in a 35 mph zone. Once stopped, the officer observed the defendant to have an odor of alcohol, slow movements, and bloodshot eyes. His speech was slow and slurred and he was off balance. The defendant also had vomit on him. The defendant did not perform any physical roadside tests due to having a prosthetic leg. He was arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton announced ready for trial. Just prior to trial, and after negotiations, we pointed out that the officer had several opportunities to have the defendant submit to non-physical roadside tests, but rather quickly arrested the defendant without even offering them to him.
Result:	The State dropped the DUI.

May 1, 2017	Case: 2017-CT-000178	Judge Bell
Facts:	The defendant was stopped for speeding as he was going 91 mph in a 35 mph zone. Once stopped, the officer observed the defendant to have an odor of alcohol, slow movements, and bloodshot eyes. His speech was slow and slurred and he was off balance. The defendant also had vomit on him. The defendant did not perform any physical roadside tests due to having a prosthetic leg. He was arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton announced ready for trial. Just prior to trial, and after negotiations, we pointed out that the officer had several opportunities to have the defendant submit to non-physical roadside tests, but rather quickly arrested the defendant without even offering them to him.
Result:	The State dropped the DUI.

Apr 28, 2017	Case: 2016-CT-018199AXXX	Judge Harper
Facts:	The defendant was found passed out in his car at an intersection. When officers awoke the defendant, they smelled an odor of alcohol and noticed bloodshot eyes and slurred speech. The defendant was very off balance and also had open alcoholic beverages in the car. On video, he performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .173 and .188 in the breath machine.
Defense:	During a pretrial investigation of the case, it was uncovered by the defense that the arresting officer was under a federal investigation for theft. This information was brought to the State's attention.
Result:	The State Dismissed the DUI.

Apr 28, 2017	Case: 2016-CT-018199AXXX	Judge Harper
Facts:	The defendant was found passed out in his car at an intersection. When officers awoke the defendant, they smelled an odor of alcohol and noticed bloodshot eyes and slurred speech. The defendant was very off balance and also had open alcoholic beverages in the car. On video, he performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .173 and .188 in the breath machine.
Defense:	During a pretrial investigation of the case, it was uncovered by the defense that the arresting officer was under a federal investigation for theft. This information was brought to the State's attention.
Result:	The State Dismissed the DUI.

Apr 27, 2017	Case: 2016-CM-013349	Judge Myers
Facts:	The defendant was stopped for weaving within its lane of travel and crossing over the white lane markers. Once stopped, the officer noticed the defendant to have an odor of marijuana, slurred/mumbled speech, and lethargic movements. The defendant admitted to smoking pot a few hours before he was stopped. He then performed the roadside tests. According to the officer, he failed and was arrested for DUI. After his arrest, he submitted to a urine test which came back from the toxicology lab positive for marijuana and also another controlled substance. In addition, the officer found marijuana and drug paraphernalia in a search incident to arrest in the car.
Defense:	Parks & Braxton pointed out to the State numerous conflicts in the police reports versus the video tape. After pretrial discussions, the prosecutor Dropped the DUI and the defendant also received no convictions on his record for the drug charges.
Result:	The State Dropped the DUI.

Apr 27, 2017	Case: 2016-CM-013349	Judge Myers
Facts:	The defendant was stopped for weaving within its lane of travel and crossing over the white lane markers. Once stopped, the officer noticed the defendant to have an odor of marijuana, slurred/mumbled speech, and lethargic movements. The defendant admitted to smoking pot a few hours before he was stopped. He then performed the roadside tests. According to the officer, he failed and was arrested for DUI. After his arrest, he submitted to a urine test which came back from the toxicology lab positive for marijuana and also another controlled substance. In addition, the officer found marijuana and drug paraphernalia in a search incident to arrest in the car.
Defense:	Parks & Braxton pointed out to the State numerous conflicts in the police reports versus the video tape. After pretrial discussions, the prosecutor Dropped the DUI and the defendant also received no convictions on his record for the drug charges.
Result:	The State Dropped the DUI.

Apr 26, 2017	Case: 15-017183MU10A	Judge Levy-Cohen
Facts:	The defendant was stopped for driving at a high rate of speed after a BOLO had gone out describing the defendant's car. The BOLO had stated that the defendant had left the scene of an accident. Officers observed the defendant's car to have a right front tire missing and it had left several scrapes in the roadway. Officers then observed the defendant to have an odor of alcohol, flushed face, and bloodshot/watery eyes. He then was asked to perform the field sobriety tests. Due to his high level of intoxication, he could not perform the walk and turn or the one leg stand tests. He was then arrested for DUI. This was the defendant's Second DUI.
Defense:	Parks & Braxton took pretrial depositions of all the officers involved in the case. After cross examination of each officer, they all contradicted each other and their respective police reports. The State was then presented with all the transcripts. After reviewing them, the State realized every officer's credibility had been called into question.
Result:	The DUI was dismissed.

Apr 26, 2017	Case: 15-017183MU10A	Judge Levy-Cohen
Facts:	The defendant was stopped for driving at a high rate of speed after a BOLO had gone out describing the defendant's car. The BOLO had stated that the defendant had left the scene of an accident. Officers observed the defendant's car to have a right front tire missing and it had left several scrapes in the roadway. Officers then observed the defendant to have an odor of alcohol, flushed face, and bloodshot/watery eyes. He then was asked to perform the field sobriety tests. Due to his high level of intoxication, he could not perform the walk and turn or the one leg stand tests. He was then arrested for DUI. This was the defendant's Second DUI.
Defense:	Parks & Braxton took pretrial depositions of all the officers involved in the case. After cross examination of each officer, they all contradicted each other and their respective police reports. The State was then presented with all the transcripts. After reviewing them, the State realized every officer's credibility had been called into question.
Result:	The DUI was dismissed.

Apr 10, 2017	Case: 2016-CT-002204	Judge Caraballo
Facts:	The defendant was the at fault driver in a rear end crash on the Turnpike. The defendant was estimated to have been driving 90 mph prior to the crash. The officer smelled an odor of alcohol on the defendant's breath and noticed bloodshot/glassy eyes. The officer then conducted the HGN (eye test). The defendant then refused all subsequent field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Prior to trial, we pointed out to the State that the defendant's eyes were bloodshot due to the air bag being deployed in his face, and not from the alcohol. Also, HGN was conducted two times, but only one was documented in the police reports. Furthermore, the defendant was not advised of any adverse consequences regarding his refusal to perform any further roadsides as required by law. The firm announced ready for trial.
Result:	The State Dropped the DUI.

Apr 10, 2017	Case: 2016-CT-002204	Judge Caraballo
Facts:	The defendant was the at fault driver in a rear end crash on the Turnpike. The defendant was estimated to have been driving 90 mph prior to the crash. The officer smelled an odor of alcohol on the defendant's breath and noticed bloodshot/glassy eyes. The officer then conducted the HGN (eye test). The defendant then refused all subsequent field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Prior to trial, we pointed out to the State that the defendant's eyes were bloodshot due to the air bag being deployed in his face, and not from the alcohol. Also, HGN was conducted two times, but only one was documented in the police reports. Furthermore, the defendant was not advised of any adverse consequences regarding his refusal to perform any further roadsides as required by law. The firm announced ready for trial.
Result:	The State Dropped the DUI.

Apr 7, 2017	Case: 2016-CT-017882	Judge Eissey
Facts:	The defendant was involved in a crash whereby she struck a mailbox while driving at a high rate of speed. The police observed an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking and smoking marijuana prior to the crash. She was taken to the hospital due to injuries sustained from the crash. At the hospital, a blood draw was conducted and the toxicology results revealed the defendant had a blood alcohol level of .097 along with marijuana being detected. She was subsequently arrested and charged with DUI.
Defense:	Under Florida law, a breath test must be impracticable or impossible in order to request a blood test. Here, there was no showing by the police that a breath test was impracticable or impossible. Thus, the defendant's blood draw was unlawful.
Result:	The State Dropped the DUI.

Apr 7, 2017	Case: 2016-CT-017882	Judge Eissey
Facts:	The defendant was involved in a crash whereby she struck a mailbox while driving at a high rate of speed. The police observed an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking and smoking marijuana prior to the crash. She was taken to the hospital due to injuries sustained from the crash. At the hospital, a blood draw was conducted and the toxicology results revealed the defendant had a blood alcohol level of .097 along with marijuana being detected. She was subsequently arrested and charged with DUI.
Defense:	Under Florida law, a breath test must be impracticable or impossible in order to request a blood test. Here, there was no showing by the police that a breath test was impracticable or impossible. Thus, the defendant's blood draw was unlawful.
Result:	The State Dropped the DUI.

Apr 6, 2017	Case: 2016-CT-019362	Judge Jeske
Facts:	The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, and fumbling fingers. The defendant admitted to drinking at a friend's house. The defendant then performed the field sobriety exercises which consisted of the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton announced ready for trial. The defendant's roadsides were not video taped. After pretrial negotiations with the prosecutor regarding the lack of specificity in the officer's reports regarding the field sobriety tests, the State Dropped the DUI.
Result:	The State Dropped the DUI.

Apr 6, 2017	Case: 2016-CT-019362	Judge Jeske
Facts:	The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, and fumbling fingers. The defendant admitted to drinking at a friend's house. The defendant then performed the field sobriety exercises which consisted of the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton announced ready for trial. The defendant's roadsides were not video taped. After pretrial negotiations with the prosecutor regarding the lack of specificity in the officer's reports regarding the field sobriety tests, the State Dropped the DUI.
Result:	The State Dropped the DUI.

Apr 3, 2017	Case: 2017-CT-015683	Judge Lefler
Facts:	The defendant was stopped for speeding, following too closely, and running a stop sign. The defendant had an odor of alcohol, bloodshot/watery eyes, and the defendant admitted to having consumed two drinks. The defendant performed the walk and turn, one leg stand, and HGN (eye test) tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI in the last seven years.
Defense:	Parks & Braxton announced ready for trial. During pretrial negotiations about the facts of the case with the prosecutor, the State agreed to drop the DUI.
Result:	The State Dropped the DUI.

Apr 3, 2017	Case: 2017-CT-015683	Judge Lefler
Facts:	The defendant was stopped for speeding, following too closely, and running a stop sign. The defendant had an odor of alcohol, bloodshot/watery eyes, and the defendant admitted to having consumed two drinks. The defendant performed the walk and turn, one leg stand, and HGN (eye test) tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI in the last seven years.
Defense:	Parks & Braxton announced ready for trial. During pretrial negotiations about the facts of the case with the prosecutor, the State agreed to drop the DUI.
Result:	The State Dropped the DUI.