Sep 22, 2022	Case: AEX8ZDE	Judge Szematowicz
Facts:	The defendant was stopped for driving over 100 mph. The officer noticed bloodshot/watery eyes and eye lid tremors. He also had body tremors, a strong odor of burnt marijuana coming from this breath, and slurred speech. He was then asked to perform various roadside tests such as the HGN (eye test), one leg stand, walk and turn, and finger to nose. He also had the defendant estimate the passage of 30 seconds in his head otherwise known as the Rhomberg balance. He was then arrested for DUI and later refused a urine test.
Defense:	The defendant had Delta 8 marijuana in his car which is legal. He stated that is all he uses. It was unknown whether he was impaired by the legal Delta 8 or the illegal Delta 9 marijuana.
Result:	The State dropped the DUI.

Sep 22, 2022	Case: 22-MM-02314	Judge Mkyton
Facts:	The defendant's boat was stopped for a safety inspection. The officer noticed an odor of alcohol and requested that the defendant perform roadside tests. At first he refused, then he agreed to perform various field sobriety tests used in boating under the influence case such as the finger to nose, palm pat, and hand coordination. He was then arrested for Boating Under the Influence and later refused the breath test.
Defense:	Based on an odor of alcohol alone, there was no reasonable suspicion of a crime to believe that the defendant was operating his vessel while impaired to lawfully even request field sobriety tests.
Result:	The State Dropped the BUI.

Sep 20, 2022	Case: 21-012854MU10A	Judge Solomon
Facts:	The defendant was involved in a crash whereby he hit a car and ended up colliding with a utility pole. Several officers arrived to conduct an accident investigation. At the same time, a deputy arrived to conduct a criminal investigation. On video, the deputy asked the defendant a series of questions. In response to questioning, the defendant acknowledged that he was the driver. The defendant performed extremely poorly on the roadside tests and was arrested for DUI. He was taken to the police station and blew a .219 and a .213 in the Intoxilyzer. This was the defendant's second DUI.
Defense:	Parks & Braxton filed a motion to suppress based on an unlawful arrest. First, the firm filed a motion to exclude the defendant's statements because the deputy failed to read him his Maranda warnings. Next, counsel argued that pursuant to 316.645, the arresting deputy, who never spoke with the other civilians in the crash, had no probable cause to arrest the defendant. The motion was granted. All evidence was excluded.
Result:	The State dropped the DUI.

Sep 20, 2022	Case: 22-CT-003226	Judge Conrad
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he displayed cognitive deficiencies. For example, he could not find his cell phone even though it was on his lap, and also was forgetful while speaking to the officer. The defendant appeared unsteady and swayed while he stood. He then performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense:	Many of the observations that the officer described in his reports were contradicted by the video tape. The State agreed and Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Sep 20, 2022	Case: 22-CT-003226	Judge Conrad
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he displayed cognitive deficiencies. For example, he could not find his cell phone even though it was on his lap, and also was forgetful while speaking to the officer. The defendant appeared unsteady and swayed while he stood. He then performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense:	Many of the observations that the officer described in his reports were contradicted by the video tape. The State agreed and Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Sep 20, 2022	Case: 21-012854MU10A	Judge Solomon
Facts:	The defendant was involved in a crash whereby he hit a car and ended up colliding with a utility pole. Several officers arrived to conduct an accident investigation. At the same time, a deputy arrived to conduct a criminal investigation. On video, the deputy asked the defendant a series of questions. In response to questioning, the defendant acknowledged that he was the driver. The defendant performed extremely poorly on the roadside tests and was arrested for DUI. He was taken to the police station and blew a .219 and a .213 in the Intoxilyzer. This was the defendant's second DUI.
Defense:	Parks & Braxton filed a motion to suppress based on an unlawful arrest. First, the firm filed a motion to exclude the defendant's statements because the deputy failed to read him his Maranda warnings. Next, counsel argued that pursuant to 316.645, the arresting deputy, who never spoke with the other civilians in the crash, had no probable cause to arrest the defendant. The motion was granted. All evidence was excluded.
Result:	The State dropped the DUI.

Sep 19, 2022	Case: 22-CT-500946	Judge M. Gonzalez
Facts:	The defendant was found by the police sitting in her car with the door open at a RaceTrac gas station. She had just thrown up outside the driver's door. Officers observed an odor of alcohol, vomit, watery eyes, and she was very confused. She swayed and had a dazed look. She then performed poorly on roadside tests and was arrested for DUI. She later refused a breath test.
Defense:	The State could not prove the defendant was in actual physical control. The vehicle was a push-start and the key fob was on a seat. With those facts and the door being open, she had no "capability" to operate the car.
Result:	The State dropped the DUI.

Sep 19, 2022	Case: 22-CT-500946	Judge M. Gonzalez
Facts:	The defendant was found by the police sitting in her car with the door open at a RaceTrac gas station. She had just thrown up outside the driver's door. Officers observed an odor of alcohol, vomit, watery eyes, and she was very confused. She swayed and had a dazed look. She then performed poorly on roadside tests and was arrested for DUI. She later refused a breath test.
Defense:	The State could not prove the defendant was in actual physical control. The vehicle was a push-start and the key fob was on a seat. With those facts and the door being open, she had no "capability" to operate the car.
Result:	The State dropped the DUI.

Sep 12, 2022	Case: 22-CT-006112	Judge Silver
Facts:	The police received a call from a Shell gas station that a customer's car had been stolen. The officer located the car in question and conducted a traffic stop. The defendant, who was the driver, appeared confused as to what was going on. She had an odor of alcohol, slurred/slow speech, and admitted to having drank vodka. She performed very poorly on roadside tests. The defendant could not say the alphabet correctly, stumbled all over the place on the walk and turn, and put her foot down numerous times on the one leg stand. She was arrested for DUI and later refused the breath test.
Defense:	It was the defendant who actually called the police because she couldn't find her car. The gas station owner told the police that it was the owner's car and that she had found. This was prior to the traffic stop. On tape, the officer can be heard stating to another cop that he knew that, but just "wanted to verify." There was no lawful basis for the traffic stop once the officer is heard on tape stating he knew the defendant found her car and it was hers.
Result:	The State dropped the DUI.

Sep 12, 2022	Case: 22-CT-010522	Judge Panse
Facts:	Officers located the defendant and her car parked at a 45 degree angle on the shoulder of a roadway. Officers had been dispatched to a BOLO about a car missing an entire left front tire and a seemingly impaired driver. Officers noticed the defendant to have an odor of alcohol, watery eyes, and a flushed face. She also had thick/slurred speech and didn't remember how the tire came off. She then performed various roadside tests such as the Rhomberg balance (estimate 30 seconds), alphabet, one leg stand, and walk and turn. She was then arrested for DUI and later refused the breath test.
Defense:	When officers arrived, the defendant was standing at her back bumper. It could not be determined if there was a crash or not. Under Florida Statute 901.15, when there is no crash, an officer must observe all elements of the misdemeanor in their presence. (i.e. the defendant either driving and/or in actual physical control). If not, the arrest is unlawful.
Result:	The State dropped the DUI.

Sep 12, 2022	Case: 22-CT-006112	Judge Silver
Facts:	The police received a call from a Shell gas station that a customer's car had been stolen. The officer located the car in question and conducted a traffic stop. The defendant, who was the driver, appeared confused as to what was going on. She had an odor of alcohol, slurred/slow speech, and admitted to having drank vodka. She performed very poorly on roadside tests. The defendant could not say the alphabet correctly, stumbled all over the place on the walk and turn, and put her foot down numerous times on the one leg stand. She was arrested for DUI and later refused the breath test.
Defense:	It was the defendant who actually called the police because she couldn't find her car. The gas station owner told the police that it was the owner's car and that she had found. This was prior to the traffic stop. On tape, the officer can be heard stating to another cop that he knew that, but just "wanted to verify." There was no lawful basis for the traffic stop once the officer is heard on tape stating he knew the defendant found her car and it was hers.
Result:	The State dropped the DUI.

Sep 12, 2022	Case: 22-CT-010522	Judge Panse
Facts:	Officers located the defendant and her car parked at a 45 degree angle on the shoulder of a roadway. Officers had been dispatched to a BOLO about a car missing an entire left front tire and a seemingly impaired driver. Officers noticed the defendant to have an odor of alcohol, watery eyes, and a flushed face. She also had thick/slurred speech and didn't remember how the tire came off. She then performed various roadside tests such as the Rhomberg balance (estimate 30 seconds), alphabet, one leg stand, and walk and turn. She was then arrested for DUI and later refused the breath test.
Defense:	When officers arrived, the defendant was standing at her back bumper. It could not be determined if there was a crash or not. Under Florida Statute 901.15, when there is no crash, an officer must observe all elements of the misdemeanor in their presence. (i.e. the defendant either driving and/or in actual physical control). If not, the arrest is unlawful.
Result:	The State dropped the DUI.

Sep 8, 2022	Case: 22-CT-009235	Judge Booras
Facts:	The defendant was stopped for driving with no lights and swerving in and out of the lanes of travel. She also nearly struck a sign. The officer noticed an odor of alcohol, slow/unclear speech, and red/glassy eyes. She also appeared shaky on her feet. After performing various roadside tests, she was arrested for DUI and later blew a .187 and .182 in the breath machine.
Defense:	After several conversations with the State regarding the evidence and the defendant herself, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 8, 2022	Case: 22-CT-009235	Judge Booras
Facts:	The defendant was stopped for driving with no lights and swerving in and out of the lanes of travel. She also nearly struck a sign. The officer noticed an odor of alcohol, slow/unclear speech, and red/glassy eyes. She also appeared shaky on her feet. After performing various roadside tests, she was arrested for DUI and later blew a .187 and .182 in the breath machine.
Defense:	After several conversations with the State regarding the evidence and the defendant herself, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 7, 2022	Case: 22-CT-003506	Judge Scott
Facts:	The defendant was found asleep in his car while it was running. Officers noticed an odor of alcohol, glassy eyes, and he appeared unsteady. Beer was also found in the car. He then performed various field sobriety tests such as the walk and turn and HGN (eye test). He was then arrested for DUI and later refused a breath test.
Defense:	There was no video dash camera or body camera in the case. The reports were vaguely written and didn't provide many specifics.
Result:	The State dropped the DUI.

Sep 7, 2022	Case: 22-CT-003506	Judge Scott
Facts:	The defendant was found asleep in his car while it was running. Officers noticed an odor of alcohol, glassy eyes, and he appeared unsteady. Beer was also found in the car. He then performed various field sobriety tests such as the walk and turn and HGN (eye test). He was then arrested for DUI and later refused a breath test.
Defense:	There was no video dash camera or body camera in the case. The reports were vaguely written and didn't provide many specifics.
Result:	The State dropped the DUI.

Sep 6, 2022	Case: 21-CT-503888	Judge Swett
Facts:	The defendant was found passed out in a parking garage. Officers saw the defendant's door open and also the passenger door open. The defendant, who was in the driver's seat, and the passenger were practically unconscious. The car was running and officers were yelling at them to wake up, doing sternum rubs, and also checking pulses. EMS was called as well. When the defendant was taken out the car, he tried to go back to sleep on the ground. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. He appeared incoherent on tape and performed poorly on roadside tests. He was arrested for DUI and later blew a .170 and .166 in the breath machine.
Defense:	The State could not prove that the defendant was in actual physical control because he had no "capability" to operate the vehicle while being passed out.
Result:	The State dropped the DUI.