Oct 17, 2023	Case: 23-CT-005271	Judge Gutman
Facts:	The defendant was stopped for speeding (80 mph in a 45 mph zone). The officer noticed an odor of alcohol, slurred speech, fumbling fingers, and watery/glassy eyes. She performed various field sobriety tests and was arrested for DUI. She later blew a .166. and .150 in the breath machine.
Defense:	After several conversations with the State regarding the evidence and the defendant the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 17, 2023	Case: 23-CT-004727	Judge Gutman
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and his bodily movements were uncoordinated. His eyes were glassy, he swayed, and staggered around. The defendant stated he had drank 3 rum and Cokes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .126 and .124 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 17, 2023	Case: 23-CT-004727	Judge Gutman
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and his bodily movements were uncoordinated. His eyes were glassy, he swayed, and staggered around. The defendant stated he had drank 3 rum and Cokes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .126 and .124 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 17, 2023	Case: 23-CT-005271	Judge Gutman
Facts:	The defendant was stopped for speeding (80 mph in a 45 mph zone). The officer noticed an odor of alcohol, slurred speech, fumbling fingers, and watery/glassy eyes. She performed various field sobriety tests and was arrested for DUI. She later blew a .166. and .150 in the breath machine.
Defense:	After several conversations with the State regarding the evidence and the defendant the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 17, 2023	Case: 23-CT-004892	Judge Gutman
Facts:	The defendant was stopped for driving with no lights on. The officer noticed an odor of alcohol, glassy eyes, and an unsteady stance. He also had a wristband on from a club. Due to some physical injuries, he performed a seated battery of field sobriety tests such as a finger to nose while seated, a palm pat, and HGN (eye test). He was then arrested for DUI and later refused a breath test.
Defense:	Many observations written in the police reports about the specifics of the field sobriety tests were contradicted by the video tape. He was also not unsteady on tape and his speech was normal as well.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-031880	Judge Silverman
Facts:	Police received calls about a reckless driver who was driving crazy and swerving (i.e. the defendant). Another caller responded that the defendant had crashed into a mailbox and left the scene of the accident. Officers conducted a traffic stop and noticed the defendant to have a droopy/drowsy expression, had slow/sluggish movements, appeared unsteady, stumbled, and swayed. His speech was slow at times and he had a red face. The defendant stated he had taken his prescription medicine. There was no odor of alcohol. Believing that he was impaired by drugs, he was asked to perform roadside tests. He performed very poorly and was arrested for DUI. He later provided a urine sample which came back from the FDLE lab positive for amphetamines. The defendant was also charged with leaving the scene of an accident.
Defense:	The officer's observations of slow/sluggish movements, slow speech, and drowsiness is consistent with someone under the influence of a class of drugs called CNS depressants which would cause one to appear like the defendant. However, he tested positive for an amphetamine (a CNS stimulant) which would have the opposite effect and have inconsistent effects on a person. This was pointed out to the State using the DRE (drug recognition expert matrix chart). The State agreed that the evidence was inconsistent and Dropped the DUI and Dismissed the Leaving the Scene of an Accident charge.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-007055	Judge Rich
Facts:	The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank alcohol. He was unsteady and had slow/belabored movements. He then performed various field sobriety tests and was arrested for DUI. He later blew .119 and .109 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-026413	Judge Silverman
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, he admitted to having consumed a few drinks, and he stumbled. He also braced himself for balance, had slurred speech, and had bloodshot eyes. The defendant was very profane and belligerent towards the police. He then performed poorly on roadside tests, such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-006070	Judge Rich
Facts:	The defendant was stopped for speeding (80 mph in a 50 mph zone) and weaving. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He had difficulty locating his documents, used the car for support, admitted to having drank earlier, and had a noticeable sway. The defendant was only able to perform the HGN (eye test) and finger to nose exercises due to some knee injuries. He was arrested for DUI and later refused a breath test.
Defense:	On tape, the defendant's speech was not slurred and he did not appear off balance or unsteady. The State then Dropped the DUI after several negotiations.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-007055	Judge Rich
Facts:	The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank alcohol. He was unsteady and had slow/belabored movements. He then performed various field sobriety tests and was arrested for DUI. He later blew .119 and .109 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-006070	Judge Rich
Facts:	The defendant was stopped for speeding (80 mph in a 50 mph zone) and weaving. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He had difficulty locating his documents, used the car for support, admitted to having drank earlier, and had a noticeable sway. The defendant was only able to perform the HGN (eye test) and finger to nose exercises due to some knee injuries. He was arrested for DUI and later refused a breath test.
Defense:	On tape, the defendant's speech was not slurred and he did not appear off balance or unsteady. The State then Dropped the DUI after several negotiations.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-031880	Judge Silverman
Facts:	Police received calls about a reckless driver who was driving crazy and swerving (i.e. the defendant). Another caller responded that the defendant had crashed into a mailbox and left the scene of the accident. Officers conducted a traffic stop and noticed the defendant to have a droopy/drowsy expression, had slow/sluggish movements, appeared unsteady, stumbled, and swayed. His speech was slow at times and he had a red face. The defendant stated he had taken his prescription medicine. There was no odor of alcohol. Believing that he was impaired by drugs, he was asked to perform roadside tests. He performed very poorly and was arrested for DUI. He later provided a urine sample which came back from the FDLE lab positive for amphetamines. The defendant was also charged with leaving the scene of an accident.
Defense:	The officer's observations of slow/sluggish movements, slow speech, and drowsiness is consistent with someone under the influence of a class of drugs called CNS depressants which would cause one to appear like the defendant. However, he tested positive for an amphetamine (a CNS stimulant) which would have the opposite effect and have inconsistent effects on a person. This was pointed out to the State using the DRE (drug recognition expert matrix chart). The State agreed that the evidence was inconsistent and Dropped the DUI and Dismissed the Leaving the Scene of an Accident charge.
Result:	The State dropped the DUI.

Oct 12, 2023	Case: 23-CT-026413	Judge Silverman
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, he admitted to having consumed a few drinks, and he stumbled. He also braced himself for balance, had slurred speech, and had bloodshot eyes. The defendant was very profane and belligerent towards the police. He then performed poorly on roadside tests, such as the walk and turn and one leg stand. He was subsequently arrested for DUI and later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Oct 11, 2023	Case: 23-CT-011956	Judge Moses-Stephens
Facts:	The defendant was stopped after he stopped past the stop bar and almost hit a curb making a wide turn. The officer noticed an odor of alcohol, heavy eyelids, slurred speech, unsteadiness, and a red face. The defendant stated that he had consumed 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .188 and .179 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 11, 2023	Case: 23-CT-011956	Judge Moses-Stephens
Facts:	The defendant was stopped after he stopped past the stop bar and almost hit a curb making a wide turn. The officer noticed an odor of alcohol, heavy eyelids, slurred speech, unsteadiness, and a red face. The defendant stated that he had consumed 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .188 and .179 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 10, 2023	Case: 23-CT-005183	Judge Farr
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes and she admitted to having consumed two glasses of wine. Her pants were unbuttoned and unzipped, there was fresh vomit on the driver’s door jam, and she was also unsteady. She then performed various field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 10, 2023	Case: 23-CT-005183	Judge Farr
Facts:	The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes and she admitted to having consumed two glasses of wine. Her pants were unbuttoned and unzipped, there was fresh vomit on the driver’s door jam, and she was also unsteady. She then performed various field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 9, 2023	Case: 22-CT-502880	Judge Gagliardi
Facts:	The defendant was found passed out in her car in a bar parking lot. Security officers from the bar called the police since she was unresponsive. When police arrived, the officer went up to the car and made efforts to wake up the defendant. The defendant would not respond to verbal commands, so the office began to shake her until she opened her eyes. He then began to speak with her to determine if she was in distress. Additionally, the officer asked for her driver's license. She was incoherent and her speech was slurred. The officer then noticed an odor of alcohol, bloodshot eyes, her pants were down, and she exhibited a significant lack of balance once out of her car. She performed extremely poorly on roadside tests which were captured on video and was arrested for DUI. She later blew a .098 and .099 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the unlawfulness of the initial seizure. In the motion, we alleged that there was no lawful basis for the officer to open her door and ask for a driver's license. Before the officer opened the door he had nothing more than a woman who was sleeping in a car. There were no allegations that she was slumped over the wheel or how long she had been there. The State's response was that the officer was conducting a welfare check to determine if the defendant was either sick or injured. Nonetheless, the officer never called fire rescue. In addition, the officer asked for the defendant's driver's license which makes clear that he was never genuinely concerned about her wellbeing. The law in Florida makes clear that once the officer asked for the defendant's driver's license she was detained. On the morning of the motion the State conceded the motion.
Result:	The State dropped the DUI.

Oct 9, 2023	Case: 22-CT-502880	Judge Gagliardi
Facts:	The defendant was found passed out in her car in a bar parking lot. Security officers from the bar called the police since she was unresponsive. When police arrived, the officer went up to the car and made efforts to wake up the defendant. The defendant would not respond to verbal commands, so the office began to shake her until she opened her eyes. He then began to speak with her to determine if she was in distress. Additionally, the officer asked for her driver's license. She was incoherent and her speech was slurred. The officer then noticed an odor of alcohol, bloodshot eyes, her pants were down, and she exhibited a significant lack of balance once out of her car. She performed extremely poorly on roadside tests which were captured on video and was arrested for DUI. She later blew a .098 and .099 in the breath machine.
Defense:	Parks & Braxton filed a pretrial motion to suppress the unlawfulness of the initial seizure. In the motion, we alleged that there was no lawful basis for the officer to open her door and ask for a driver's license. Before the officer opened the door he had nothing more than a woman who was sleeping in a car. There were no allegations that she was slumped over the wheel or how long she had been there. The State's response was that the officer was conducting a welfare check to determine if the defendant was either sick or injured. Nonetheless, the officer never called fire rescue. In addition, the officer asked for the defendant's driver's license which makes clear that he was never genuinely concerned about her wellbeing. The law in Florida makes clear that once the officer asked for the defendant's driver's license she was detained. On the morning of the motion the State conceded the motion.
Result:	The State dropped the DUI.

Oct 3, 2023	Case: 23-CT-005697	Judge Farr
Facts:	The defendant was stopped for repeatedly weaving from side to side, driving under the speed limit, and also drifting over the lane markers. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	Many observations on the field sobriety tests were contradicted by the video tape.
Result:	The State dropped the DUI.