Dec 7, 2021	Case: 21-CT-005079	Judge Gutman
Facts:	The defendant was the at fault driver in a traffic crash. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant actually hit another car but thought he hit a guardrail. After performing roadside tests, he was arrested for DUI. He later refused a breath test. This was his Second DUI.
Defense:	The officer administering the roadside tests was reading the instructions off a card. This made following instructions very difficult. Based on the video, we also pointed out that he performed better than the officer wrote in his report. The State Dropped the defendant's Second DUI days before trial.
Result:	The State dropped the DUI.

Dec 7, 2021	Case: 21-CT-000257	Judge Gutman
Facts:	The defendant was involved in a traffic crash. When officers arrived, they noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. While detained, he fell asleep. He was arrested for DUI because roadsides were not conducted for safety reasons. Believing he was impaired by drugs along with alcohol, a DRE (drug recognition exam) was conducted and a urine test was requested. He later tested positive at FDLE for Methamphetamines, benzos and marijuana. This was the defendant's Second DUI. He was also charged with leaving the scene of an accident.
Defense:	Prior to trial, the defense pointed out to the State that the DRE was wrong. The officer called CNS depressants which has the opposite effect of a CNS simulant (methamphetamines). Also, the officers stated they smelled alcohol, but none was detected in his system. Their credibility was called into question. The State Dropped the defendant's Second DUI. The leaving the scene charge was Dismissed.
Result:	The State dropped the DUI.

Dec 1, 2021	Case: 21-CT-003360	Judge Grode
Facts:	The defendant was stopped for driving with his high beams on. Officers noticed an odor of alcohol, slurred speech, and he needed to use his car for support. He also appeared dazed and confused. He then performed poorly on roadside tests and was arrested for DUI.
Defense:	There was no video or body worn camera. Since the roadsides were vaguely described, the state Dropped the DUI.
Result:	The State dropped the DUI.

Dec 1, 2021	Case: 21-CT-003360	Judge Grode
Facts:	The defendant was stopped for driving with his high beams on. Officers noticed an odor of alcohol, slurred speech, and he needed to use his car for support. He also appeared dazed and confused. He then performed poorly on roadside tests and was arrested for DUI.
Defense:	There was no video or body worn camera. Since the roadsides were vaguely described, the state Dropped the DUI.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CT-002279	Judge Gutman
Facts:	An officer observed an unknown female knocking on the window of the car driven by the defendant. The defendant was passed out. She then awoke and drove into the woman banging on the window. The officer then went up to the car and noticed the defendant to have an odor of alcohol, bloodshot eyes, and she appeared lethargic. She also appeared confused and admitted to having drank two margaritas. After performing various roadside tests, she was arrested for DUI. She later refused a breath test.
Defense:	On tape, the defendant did not appear confused or lethargic. In fact, she was very attentive during the roadside tests. Her speech also seemed normal. Due to many contradictions between the video tape and the written reports, the State Dropped the DUI just short of trial.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CM-002358	Judge Gutman
Facts:	The defendant's boat was stopped for a safety check by police. Upon boarding the boat, officers observed the defendant to have an odor of alcohol, watery eyes, he staggered, and was unsteady. He had problems using his fingertips and fumbled with his items. He then performed various roadside tests on the boat such as the palm pat, hand coordination, and finger to nose. He was then arrested for boating under the influence and later refused the breath test.
Defense:	The officer had a body worn camera. The defendant only appeared unsteady because the boat was rocking on the water. His eyes were watery because he was on the water and out in the sun all day. There were three others on the boat who stated he was not impaired. Many observations written by the officer were completely exaggerated as compared to the body camera. The State Dropped the BUI a few days before trial.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CM-002502	Judge Gutman
Facts:	The defendant was found passed out in his car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. While outside the car, he swayed back and forth. After performing only the HGN (eye test), he was arrested for DUI. He later refused a breath test. After arrest, the officers found drug paraphernalia and he was charged with that as well.
Defense:	To be in actual physical control, a defendant must have the "capability" to operate a motor vehicle. Here, the defendant was sleeping, so he had no capability to operate the car. The State Dropped the DUI and dismissed the possession charge.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: AEDU2TE	Judge Bedinghaus
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and mumbled speech. He also swayed, stumbled, and appeared unsteady. He then performed the HGN (eye test), walk and turn, one leg stand and estimation of time exercises. He was then arrested for DUI and later blew a .139 and a .136 in the breath machine.
Defense:	Issues were raised as to whether the defendant's breath alcohol level was lower at the time of driving due to his performance on the roadside tests. Thus, the firm called into question whether he was over .08 at the time of driving.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CT-004727	Judge Gutman
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery/glassy eyes, and delayed verbal communication. He also had a red in color face. The defendant then performed field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	The firm pointed out to the State that there was a lack of probable cause to arrest him based on the video tape evidence. The State agreed and Dropped the DUI a few days before trial. It should be noted, the firm got his last DUI Dropped as well.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: AEDU2TE	Judge Bedinghaus
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and mumbled speech. He also swayed, stumbled, and appeared unsteady. He then performed the HGN (eye test), walk and turn, one leg stand and estimation of time exercises. He was then arrested for DUI and later blew a .139 and a .136 in the breath machine.
Defense:	Issues were raised as to whether the defendant's breath alcohol level was lower at the time of driving due to his performance on the roadside tests. Thus, the firm called into question whether he was over .08 at the time of driving.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CT-004727	Judge Gutman
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery/glassy eyes, and delayed verbal communication. He also had a red in color face. The defendant then performed field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense:	The firm pointed out to the State that there was a lack of probable cause to arrest him based on the video tape evidence. The State agreed and Dropped the DUI a few days before trial. It should be noted, the firm got his last DUI Dropped as well.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CM-002358	Judge Gutman
Facts:	The defendant's boat was stopped for a safety check by police. Upon boarding the boat, officers observed the defendant to have an odor of alcohol, watery eyes, he staggered, and was unsteady. He had problems using his fingertips and fumbled with his items. He then performed various roadside tests on the boat such as the palm pat, hand coordination, and finger to nose. He was then arrested for boating under the influence and later refused the breath test.
Defense:	The officer had a body worn camera. The defendant only appeared unsteady because the boat was rocking on the water. His eyes were watery because he was on the water and out in the sun all day. There were three others on the boat who stated he was not impaired. Many observations written by the officer were completely exaggerated as compared to the body camera. The State Dropped the BUI a few days before trial.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CT-002279	Judge Gutman
Facts:	An officer observed an unknown female knocking on the window of the car driven by the defendant. The defendant was passed out. She then awoke and drove into the woman banging on the window. The officer then went up to the car and noticed the defendant to have an odor of alcohol, bloodshot eyes, and she appeared lethargic. She also appeared confused and admitted to having drank two margaritas. After performing various roadside tests, she was arrested for DUI. She later refused a breath test.
Defense:	On tape, the defendant did not appear confused or lethargic. In fact, she was very attentive during the roadside tests. Her speech also seemed normal. Due to many contradictions between the video tape and the written reports, the State Dropped the DUI just short of trial.
Result:	The State dropped the DUI.

Nov 9, 2021	Case: 21-CM-002502	Judge Gutman
Facts:	The defendant was found passed out in his car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. While outside the car, he swayed back and forth. After performing only the HGN (eye test), he was arrested for DUI. He later refused a breath test. After arrest, the officers found drug paraphernalia and he was charged with that as well.
Defense:	To be in actual physical control, a defendant must have the "capability" to operate a motor vehicle. Here, the defendant was sleeping, so he had no capability to operate the car. The State Dropped the DUI and dismissed the possession charge.
Result:	The State dropped the DUI.

Nov 4, 2021	Case: 21-CT-001080	Judge Dyer
Facts:	The defendant was stopped for weaving and driving under the speed limit. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He appeared lethargic and exhibited mood swings. He also swayed, appeared unsteady, and had balance issues. He then refused roadside tests and was arrested for DUI. He later refused a breath test . This was the defendant's Second DUI.
Defense:	There were a few cops on scene. It appeared on video as if it was training exercise to teach the trainee officer how to process a DUI. One cop was even asking about a refusal statute which didn't even apply. In addition, on tape he did not appear unsteady and his speech was normal. After speaking with the prosecutor, the State Dropped the defendant's Second DUI a few days before trial.
Result:	The State dropped the DUI.

Nov 4, 2021	Case: 21-CT-001080	Judge Dyer
Facts:	The defendant was stopped for weaving and driving under the speed limit. The officer observed an odor of alcohol, bloodshot/watery eyes, and slurred/mumbled speech. He appeared lethargic and exhibited mood swings. He also swayed, appeared unsteady, and had balance issues. He then refused roadside tests and was arrested for DUI. He later refused a breath test . This was the defendant's Second DUI.
Defense:	There were a few cops on scene. It appeared on video as if it was training exercise to teach the trainee officer how to process a DUI. One cop was even asking about a refusal statute which didn't even apply. In addition, on tape he did not appear unsteady and his speech was normal. After speaking with the prosecutor, the State Dropped the defendant's Second DUI a few days before trial.
Result:	The State dropped the DUI.

Nov 2, 2021	Case: 21-CT-027646	Judge Peacock
Facts:	The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, glassy eyes, and he swayed while he stood. He also appeared clumsy, and he stumbled. He then performed field sobriety tests and was arrested for DUI. After his arrest, he blew a .205 and a .204 in the breath machine.
Defense:	The firm raised probable cause to arrest issues which would have led to suppression of the breath test results.
Result:	The State dropped the DUI.

Nov 2, 2021	Case: 21-CT-027598	Judge Peacock
Facts:	The defendant was stopped for driving into oncoming traffic. The officer noticed an odor of alcohol, glassy/red eyes, and a fixed gaze. He also had a flushed face and slight slur to his speech. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense:	The police report over exaggerated the level of impairment on the roadside tests as compared to the video tape evidence.
Result:	The State dropped the DUI.