Nov 13, 2018	Case: 18-CT-502448	Judge M. Gonzalez
Facts:	The defendant was stopped after he ran a stop sign causing other traffic to have to brake to avoid a crash. The officer observed an odor of alcohol, bloodshot eyes, and he stated that he had "drank a few at home." The defendant's speech was mumbled, he swayed, and he used the car door for balance. He then performed very poorly on the roadside tests. For example, on the walk and turn, he stepped off the line, took an incorrect number of steps, and did not touch heel to toe. He was arrested for DUI and later refused the breath test.
Defense:	A defendant can not be coerced into performing field sobriety exercises which are voluntary and not lawfully required by statute. Here, the officer made it clear to the defendant that if he did not perform the roadside tasks, he would be immediately arrested. This was pointed out to the State by the firm. The State agreed that the roadsides would have been excluded from evidence and Dropped the DUI.
Result:	The State dropped the DUI.

Nov 8, 2018	Case: 18-CT-5271	Judge Lefler
Facts:	The defendant was the at fault driver in a rear end crash. When the officer arrived, he observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having drank two beers and he let the officer perform the HGN (eye test) on him. He refused to perform all other field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	The firm pointed out that the officer's reports contradicted each other. For example, in one report he wrote that he observed slurred speech versus the other whereby he failed to check the slurred speech box.
Result:	The State dropped the DUI.

Nov 8, 2018	Case: 18-CT-6782	Judge Lefler
Facts:	The defendant was stopped for running a stop sign and speeding. Upon contact, the officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the door for balance, swayed as he stood, and he admitted to having drank 5 beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. This was the defendant's Second DUI arrest.
Defense:	The video contradicted the officer's written reports. For example, on the videotape, the defendant's speech was not slurred and he was not off balance. The high level of impairment on the field sobriety tests that he wrote about did not equate to the defendant's performance on the video tape.
Result:	The State dropped the DUI.

Nov 8, 2018	Case: 18-CT-5271	Judge Lefler
Facts:	The defendant was the at fault driver in a rear end crash. When the officer arrived, he observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having drank two beers and he let the officer perform the HGN (eye test) on him. He refused to perform all other field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	The firm pointed out that the officer's reports contradicted each other. For example, in one report he wrote that he observed slurred speech versus the other whereby he failed to check the slurred speech box.
Result:	The State dropped the DUI.

Nov 8, 2018	Case: 18-CT-6782	Judge Lefler
Facts:	The defendant was stopped for running a stop sign and speeding. Upon contact, the officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the door for balance, swayed as he stood, and he admitted to having drank 5 beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. This was the defendant's Second DUI arrest.
Defense:	The video contradicted the officer's written reports. For example, on the videotape, the defendant's speech was not slurred and he was not off balance. The high level of impairment on the field sobriety tests that he wrote about did not equate to the defendant's performance on the video tape.
Result:	The State dropped the DUI.

Nov 6, 2018	Case: 2018-CT-001432	Judge Alessandroni
Facts:	The defendant was stopped for weaving. Once stopped, the officer noticed an odor of alcohol, slow/deliberate movements, and bloodshot eyes. The defendant appeared confused and admitted to having drank wine. The defendant agreed to perform field sobriety tests and was subsequently arrested for DUI. After her arrest, she blew a .144 and a .139 in the breath machine.
Defense:	The firm announced ready for trial. Prior to trial, it was brought to the State's attention that the defendant had many prior hip issues which caused her to appear off balance and have difficulty with the field sobriety exercise. In addition, there was no sound on the videotape and the defendant can be seen over and over pointing to her hip.
Result:	The State dropped the DUI.

Nov 6, 2018	Case: 2018-CT-000046	Judge M. Brown
Facts:	The defendant was the at fault driver in a rear end crash. When the officer arrived, he noticed the defendant to have bloodshot/watery eyes, slurred/thick tongued speech, and an odor of some type of pepper spray on the defendant's breath. The defendant denied having anything to drink and was was then asked to perform the roadside tasks. He performed poorly and was arrested for DUI. After his arrest, he blew a .112 and a .112 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the breath test results. Under Florida law, an officer must have "reasonable cause" to believe that the defendant was under the influence of alcohol to lawfully request a breath test. In our motion, because the officer did not smell any alcohol, find any alcohol in the car, and the defendant denied drinking, we put forth there was no reasonable cause to request the defendant to submit to a breath test. Just prior the motion hearing, the State agreed to Drop the DUI.
Result:	The State dropped the DUI.

Nov 6, 2018	Case: 2018-CT-001432	Judge Alessandroni
Facts:	The defendant was stopped for weaving. Once stopped, the officer noticed an odor of alcohol, slow/deliberate movements, and bloodshot eyes. The defendant appeared confused and admitted to having drank wine. The defendant agreed to perform field sobriety tests and was subsequently arrested for DUI. After her arrest, she blew a .144 and a .139 in the breath machine.
Defense:	The firm announced ready for trial. Prior to trial, it was brought to the State's attention that the defendant had many prior hip issues which caused her to appear off balance and have difficulty with the field sobriety exercise. In addition, there was no sound on the videotape and the defendant can be seen over and over pointing to her hip.
Result:	The State dropped the DUI.

Nov 6, 2018	Case: 2018-CT-000046	Judge M. Brown
Facts:	The defendant was the at fault driver in a rear end crash. When the officer arrived, he noticed the defendant to have bloodshot/watery eyes, slurred/thick tongued speech, and an odor of some type of pepper spray on the defendant's breath. The defendant denied having anything to drink and was was then asked to perform the roadside tasks. He performed poorly and was arrested for DUI. After his arrest, he blew a .112 and a .112 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the breath test results. Under Florida law, an officer must have "reasonable cause" to believe that the defendant was under the influence of alcohol to lawfully request a breath test. In our motion, because the officer did not smell any alcohol, find any alcohol in the car, and the defendant denied drinking, we put forth there was no reasonable cause to request the defendant to submit to a breath test. Just prior the motion hearing, the State agreed to Drop the DUI.
Result:	The State dropped the DUI.

Oct 31, 2018	Case: 2018-CT-8530	Judge Valkenburg
Facts:	A caller dialed 911 stating the defendant was swerving. When the police stopped her, they noticed an odor of alcohol, slurred speech, and she admitted to having drank wine. She also appeared unsteady. She then performed poorly on the roadside tests and was arrested for DUI. She later blew .158 and .153 in the breath machine.
Defense:	In order to stop someone based on an anonymous caller, the police must have some corroboration of the driving pattern. Here, there was none, so the lawfulness of the stop was called into question. The State Dropped the DUI and she received no conviction on her record.
Result:	The State dropped the DUI.

Oct 31, 2018	Case: 2018-CT-8530	Judge Valkenburg
Facts:	A caller dialed 911 stating the defendant was swerving. When the police stopped her, they noticed an odor of alcohol, slurred speech, and she admitted to having drank wine. She also appeared unsteady. She then performed poorly on the roadside tests and was arrested for DUI. She later blew .158 and .153 in the breath machine.
Defense:	In order to stop someone based on an anonymous caller, the police must have some corroboration of the driving pattern. Here, there was none, so the lawfulness of the stop was called into question. The State Dropped the DUI and she received no conviction on her record.
Result:	The State dropped the DUI.

Oct 30, 2018	Case: 2018-CT-028277AXXXXX	Judge Naberhaus
Facts:	A civilian called 911 stating that they believed the defendant was an impaired driver. They told 911 that the defendant was driving erratically and hitting curbs. The defendant was eventually stopped by police. Upon contact, they observed him to have difficulty walking and he used his door for support. His eyes were glassy and constricted. He rambled on and on as he spoke and was fumbling with his documents. The officer did not smell any alcohol. Believing he was impaired by drugs, the officer requested that he perform field sobriety tests. He performed very poorly and was arrested for Driving Under the Influence of a chemical and/or controlled substance.
Defense:	Under Florida law, to prove a DUI, the State must prove by which specific chemical and/or controlled substance impaired the individual. Here, since the defendant did not make any statements about taking any drugs that day, the State could not prove the DUI. The DUI was Dismissed and the State filed a new charging document for reckless driving. The defendant received No conviction or points on his record.
Result:	The DUI was dismissed.

Oct 30, 2018	Case: 2018-CT-028277AXXXXX	Judge Naberhaus
Facts:	A civilian called 911 stating that they believed the defendant was an impaired driver. They told 911 that the defendant was driving erratically and hitting curbs. The defendant was eventually stopped by police. Upon contact, they observed him to have difficulty walking and he used his door for support. His eyes were glassy and constricted. He rambled on and on as he spoke and was fumbling with his documents. The officer did not smell any alcohol. Believing he was impaired by drugs, the officer requested that he perform field sobriety tests. He performed very poorly and was arrested for Driving Under the Influence of a chemical and/or controlled substance.
Defense:	Under Florida law, to prove a DUI, the State must prove by which specific chemical and/or controlled substance impaired the individual. Here, since the defendant did not make any statements about taking any drugs that day, the State could not prove the DUI. The DUI was Dismissed and the State filed a new charging document for reckless driving. The defendant received No conviction or points on his record.
Result:	The DUI was dismissed.

Oct 29, 2018	Case: A6MM4AE	Judge Kominos
Facts:	The defendant was the at fault driver in a rear end traffic crash. Upon contact, the officer observed the defendant have slurred speech, red/watery eyes, and she was having mood swings. She was transported to the hospital where the officer followed up with her. Believing she was impaired by alcohol or drugs, he requested a blood sample to which she refused. However, medical personnel had taken her blood for medical purposes already. The State then got her medical records after a motion hearing. She was charged with DUI.
Defense:	The firm pointed out to the State that the officer never smelled an odor of alcohol, even though he was right next to her. Also, although the medical records stated that she was intoxicated, they never tested her blood for alcohol or drugs. Thus, the State could not prove whether she was allegedly impaired by alcohol or drugs. In fact, in the medical records, one person treating the defendant wrote that she was clinically sober. That contradicted the findings of the other treating physician who believed she was intoxicated. The State Dropped the DUI to a Civil Traffic Infraction.
Result:	The State dropped the DUI.

Oct 29, 2018	Case: A6MM4AE	Judge Kominos
Facts:	The defendant was the at fault driver in a rear end traffic crash. Upon contact, the officer observed the defendant have slurred speech, red/watery eyes, and she was having mood swings. She was transported to the hospital where the officer followed up with her. Believing she was impaired by alcohol or drugs, he requested a blood sample to which she refused. However, medical personnel had taken her blood for medical purposes already. The State then got her medical records after a motion hearing. She was charged with DUI.
Defense:	The firm pointed out to the State that the officer never smelled an odor of alcohol, even though he was right next to her. Also, although the medical records stated that she was intoxicated, they never tested her blood for alcohol or drugs. Thus, the State could not prove whether she was allegedly impaired by alcohol or drugs. In fact, in the medical records, one person treating the defendant wrote that she was clinically sober. That contradicted the findings of the other treating physician who believed she was intoxicated. The State Dropped the DUI to a Civil Traffic Infraction.
Result:	The State dropped the DUI.

Oct 26, 2018	Case: 18-CT-7140	Judge Shepherd
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slow/slurred speech, and he admitted to having drank beers. He was lethargic in his movements and had poor coordination. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .207 and a .201 in the breath machine.
Defense:	There was misinformation and coercion by the officer in obtaining breath samples from the defendant. Thus, there was a strong probability that the breath tests would have been excluded from evidence.
Result:	The State dropped the DUI.

Oct 26, 2018	Case: 18-CT-7140	Judge Shepherd
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slow/slurred speech, and he admitted to having drank beers. He was lethargic in his movements and had poor coordination. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .207 and a .201 in the breath machine.
Defense:	There was misinformation and coercion by the officer in obtaining breath samples from the defendant. Thus, there was a strong probability that the breath tests would have been excluded from evidence.
Result:	The State dropped the DUI.