Aug 7, 2018	Case: 2018-CT-002344	Judge Conrad
Facts:	The defendant was stopped for speeding. Once stopped, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to drinking beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .132 and a .128 in the breath machine.
Defense:	During the HGN (eye test), the officer did not observe an angle of onset prior to 45 degrees in the defendant's eyes. Under Tharpe's formula, this would indicate his breath alcohol level was under the legal limit at the time of driving.
Result:	The State dropped the DUI.

Aug 7, 2018	Case: 2018-CT-002344	Judge Conrad
Facts:	The defendant was stopped for speeding. Once stopped, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to drinking beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .132 and a .128 in the breath machine.
Defense:	During the HGN (eye test), the officer did not observe an angle of onset prior to 45 degrees in the defendant's eyes. Under Tharpe's formula, this would indicate his breath alcohol level was under the legal limit at the time of driving.
Result:	The State dropped the DUI.

Aug 2, 2018	Case: 17-022764MU10A	Judge Capenter-Toye
Facts:	The defendant was seen weaving all over the highway with smoke coming from the vehicle. After the officer turned on his lights and siren the weaving continued for an additional mile. After the defendant was stopped the officer called for a DUI task force member to conduct an investigation. The officer stated that the defendant failed the roadside tests and subsequently arrested the driver for DUI. This was the defendant's second offense for DUI.
Defense:	Parks and Braxton filed several motions to suppress. First, the firm filed a motion to exclude the field sobriety tests based on a lack of reasonable suspicion. Next, the firm filed a motion to suppress the refusal to submit to a breath test based on a lack of probable cause to believe the defendant was under the influence of an alcoholic beverage. Finally, the firm filed a motion for statement of particulars requiring the state to name what substance the defendant was impaired by. Prior to the motions, the firm took sworn testimony from the officers in order to set up the motions. The state ultimately conceded the motion and the charges were dropped.
Result:	The State dropped the DUI.

Aug 2, 2018	Case: 17-022764MU10A	Judge Capenter-Toye
Facts:	The defendant was seen weaving all over the highway with smoke coming from the vehicle. After the officer turned on his lights and siren the weaving continued for an additional mile. After the defendant was stopped the officer called for a DUI task force member to conduct an investigation. The officer stated that the defendant failed the roadside tests and subsequently arrested the driver for DUI. This was the defendant's second offense for DUI.
Defense:	Parks and Braxton filed several motions to suppress. First, the firm filed a motion to exclude the field sobriety tests based on a lack of reasonable suspicion. Next, the firm filed a motion to suppress the refusal to submit to a breath test based on a lack of probable cause to believe the defendant was under the influence of an alcoholic beverage. Finally, the firm filed a motion for statement of particulars requiring the state to name what substance the defendant was impaired by. Prior to the motions, the firm took sworn testimony from the officers in order to set up the motions. The state ultimately conceded the motion and the charges were dropped.
Result:	The State dropped the DUI.

Aug 1, 2018	Case: 2017-CT-006250	Judge Shoemaker
Facts:	The defendant was stopped for speeding and driving aggressively in an unsafe manner. The officer observed the defendant to have an odor of alcohol, slurred speech, and he admitted to having drank beers. The defendant performed poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .186 and a .184 in the breath machine.
Defense:	On video, there was no sound. Thus, it was not clear if the officer misstated the law in obtaining the breath test. On the day of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 1, 2018	Case: 2018-CT-003247	Judge Valkenburg
Facts:	The defendant was found passed out in his car. Upon awakening the defendant, the officer observed the defendant to be disoriented, sluggish, and have slurred speech. He had heavy eyelids and constricted pupils. Believing he was impaired by drugs, since there was no odor of alcohol, he was asked to perform the field sobriety tests. He performed very poorly and was arrested for DUI. He then provided a urine sample which the FDLE lab report revealed positive hits for marijuana and Alprazolam.
Defense:	Since the defendant was sleeping in his car, the State could not prove he had the "capability" to operate the motor vehicle as required by the actual physical control definition in the DUI jury instruction.
Result:	The State dropped the DUI.

Aug 1, 2018	Case: 2017-CT-006250	Judge Shoemaker
Facts:	The defendant was stopped for speeding and driving aggressively in an unsafe manner. The officer observed the defendant to have an odor of alcohol, slurred speech, and he admitted to having drank beers. The defendant performed poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .186 and a .184 in the breath machine.
Defense:	On video, there was no sound. Thus, it was not clear if the officer misstated the law in obtaining the breath test. On the day of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 1, 2018	Case: 2018-CT-003247	Judge Valkenburg
Facts:	The defendant was found passed out in his car. Upon awakening the defendant, the officer observed the defendant to be disoriented, sluggish, and have slurred speech. He had heavy eyelids and constricted pupils. Believing he was impaired by drugs, since there was no odor of alcohol, he was asked to perform the field sobriety tests. He performed very poorly and was arrested for DUI. He then provided a urine sample which the FDLE lab report revealed positive hits for marijuana and Alprazolam.
Defense:	Since the defendant was sleeping in his car, the State could not prove he had the "capability" to operate the motor vehicle as required by the actual physical control definition in the DUI jury instruction.
Result:	The State dropped the DUI.

Jul 30, 2018	Case: 2018-CT-000053	Judge Yerman
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot watery eyes. The defendant also had slow movements, was uncooperative, and argumentative. According to the officer, he performed poorly on the roadside tasks and was arrested for DUI.
Defense:	Parks & Braxton announced ready for trial. Prior to trial, we pointed out to the State that the officer at the station, who also wrote a report, had numerous contradictory observations of the defendant as compared to the arresting officer. On the day of trial, the State Dropped the DUI and the defendant received no criminal conviction on his record.
Result:	The State dropped the DUI.

Jul 30, 2018	Case: 2018-CT-000053	Judge Yerman
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot watery eyes. The defendant also had slow movements, was uncooperative, and argumentative. According to the officer, he performed poorly on the roadside tasks and was arrested for DUI.
Defense:	Parks & Braxton announced ready for trial. Prior to trial, we pointed out to the State that the officer at the station, who also wrote a report, had numerous contradictory observations of the defendant as compared to the arresting officer. On the day of trial, the State Dropped the DUI and the defendant received no criminal conviction on his record.
Result:	The State dropped the DUI.

Jul 27, 2018	Case: 2017-CT-003846	Judge Hanser
Facts:	The defendant crashed through an apartment complex gate. When police arrived, they noticed the defendant to have an odor of alcohol, slow speech, and lethargic movements. The defendant also admitted to having drank wine that day. The defendant performed very poorly on the roadside tests and was arrested for DUI. Due to injuries from the crash, he was asked to provide a blood sample at the scene. The toxicology results later revealed that the defendant's blood alcohol level was .268 and .267. This was the defendant's Third DUI.
Defense:	The firm took a pretrial deposition of the arresting officer. Through our questioning of the officer, the firm was able to establish that the officer unlawfully obtained the defendant's blood through coercion. In addition, it was also unlawfully obtained on another ground since a breath test was not impractical or impossible. After the State read the depo and applicable case law, they Dropped the DUI.
Result:	The State dropped the DUI.

Jul 27, 2018	Case: 2017-CT-003846	Judge Hanser
Facts:	The defendant crashed through an apartment complex gate. When police arrived, they noticed the defendant to have an odor of alcohol, slow speech, and lethargic movements. The defendant also admitted to having drank wine that day. The defendant performed very poorly on the roadside tests and was arrested for DUI. Due to injuries from the crash, he was asked to provide a blood sample at the scene. The toxicology results later revealed that the defendant's blood alcohol level was .268 and .267. This was the defendant's Third DUI.
Defense:	The firm took a pretrial deposition of the arresting officer. Through our questioning of the officer, the firm was able to establish that the officer unlawfully obtained the defendant's blood through coercion. In addition, it was also unlawfully obtained on another ground since a breath test was not impractical or impossible. After the State read the depo and applicable case law, they Dropped the DUI.
Result:	The State dropped the DUI.

Jul 26, 2018	Case: 18-CF-003197	Judge Pomponio
Facts:	The defendant was found passed out in his car by the police. Upon awakening the defendant, the officer observed an odor of alcohol, he was unsteady, and a bottle in a paper bag was observed. The defendant started to do the roadsides but was unsteady and refused to continue after starting the HGN (eye test). He was then arrested for DUI. Cocaine was also found subsequent to arrest and he was also charged with Possession of cocaine.
Defense:	Since the defendant was sleeping, he had no capability to operate the motor vehicle. Thus, the State could not prove he was in actual physical control. The State Dropped the DUI. The felony is still pending.
Result:	The State dropped the DUI.

Jul 26, 2018	Case: 18-CF-003197	Judge Pomponio
Facts:	The defendant was found passed out in his car by the police. Upon awakening the defendant, the officer observed an odor of alcohol, he was unsteady, and a bottle in a paper bag was observed. The defendant started to do the roadsides but was unsteady and refused to continue after starting the HGN (eye test). He was then arrested for DUI. Cocaine was also found subsequent to arrest and he was also charged with Possession of cocaine.
Defense:	Since the defendant was sleeping, he had no capability to operate the motor vehicle. Thus, the State could not prove he was in actual physical control. The State Dropped the DUI. The felony is still pending.
Result:	The State dropped the DUI.

Jul 25, 2018	Case: 2018-CT-000237CTAXES	Judge Sestak
Facts:	The defendant was stopped for speeding. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant made unusual statements, had poor coordination, and admitted to having drank beer. According to the officer, she performed poorly on the roadside tests and was arrested for DUI.
Defense:	The officer's body-worn camera, which captured the field sobriety tests, contradicted the officer's written reports as to the level of alleged impairment.
Result:	The State dropped the DUI. The Defendant received no conviction on her record.

Jul 25, 2018	Case: 2018-CT-000546	Judge Crown
Facts:	The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol and the defendant admitted to having consumed one drink and two shots. While talking to the officer, she would look away from the officer. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .093 and .085 in the breath machine.
Defense:	In order to request field sobriety tests, there must be reasonable suspicion of a crime. Here, there was no reasonable suspicion to believe that the defendant was impaired to lawfully request roadsides. Also, with the .02 margin of error in the breath machine, the defendant's two breath results could have been under the legal limit. The defendant received no criminal conviction on her record.
Result:	The State dropped the DUI.

Jul 25, 2018	Case: 2018-CT-000015	Judge Jeske
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and lethargic movements. He had poor coordination, bloodshot eyes, and poor balance. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he refused the breath test.
Defense:	It was pointed out to the State that the officer concluded the defendant was DUI even before he performed the roadsides, based on his off camera comments to another officer. Thus, his credibility was called into question.
Result:	The State dropped the DUI.

Jul 25, 2018	Case: 2018-CT-000237CTAXES	Judge Sestak
Facts:	The defendant was stopped for speeding. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant made unusual statements, had poor coordination, and admitted to having drank beer. According to the officer, she performed poorly on the roadside tests and was arrested for DUI.
Defense:	The officer's body-worn camera, which captured the field sobriety tests, contradicted the officer's written reports as to the level of alleged impairment.
Result:	The State dropped the DUI. The Defendant received no conviction on her record.