Sep 8, 2023	Case: 23-CT-019984	Judge Atkin
Facts:	The defendant was the at fault driver in a rear end crash. When officers arrived, they did not notice any odor of alcohol, but did observe a drowsy face, slow motor movements, and slow/slurred speech. He was also swayed, staggered, stumbled, and had bloodshot eyes. Believing he was impaired by drugs, he then performed various roadside tests. He performed poorly and was arrested for DUI. He later provided a urine test which came back from FDLE positive for Xanax.
Defense:	The firm provided a prescription for the medication to the State. Although it is not a defense simply to have a prescription, it did help in our negotiations.
Result:	The State dropped the DUI.

Sep 7, 2023	Case: 22-CT-004058	Judge Green
Facts:	Police were called to a parking lot to do a welfare check. The caller was concerned because the male (i.e. the defendant) inside the truck was vomiting and extremely intoxicated. When the officer arrived, he noticed the defendant asleep in the driver's seat with the door open. There was a fresh pile of vomit outside the driver's side door. The keys to the truck were located on the driver's side front floorboard. Upon awakening the defendant, the officer noticed an odor of alcohol, slurred speech, bloodshot eyes, beers in the truck, and the defendant was extremally unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	After numerous negotiations short of jury trial, the State agreed they could not prove that the defendant was in actual physical control. He clearly had "no capability" to operate the truck as he was asleep, the door was open, and the keys were on the floorboard. He even told the cop that he was trying to do the right thing by not driving.
Result:	The State dropped the DUI.

Sep 7, 2023	Case: A76XDAE	Judge Cuervo
Facts:	The defendant was the at fault driver in a rear end traffic crash. Officers observed an odor of alcohol, a flushed face, and glassy eyes. Her speech was slurred and she appeared unsteady and off balance. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	After conversations with the State regarding the evidence, the State agreed to Drop the DUI.
Result:	The State dropped the DUI.

Sep 7, 2023	Case: 22-CT-004058	Judge Green
Facts:	Police were called to a parking lot to do a welfare check. The caller was concerned because the male (i.e. the defendant) inside the truck was vomiting and extremely intoxicated. When the officer arrived, he noticed the defendant asleep in the driver's seat with the door open. There was a fresh pile of vomit outside the driver's side door. The keys to the truck were located on the driver's side front floorboard. Upon awakening the defendant, the officer noticed an odor of alcohol, slurred speech, bloodshot eyes, beers in the truck, and the defendant was extremally unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	After numerous negotiations short of jury trial, the State agreed they could not prove that the defendant was in actual physical control. He clearly had "no capability" to operate the truck as he was asleep, the door was open, and the keys were on the floorboard. He even told the cop that he was trying to do the right thing by not driving.
Result:	The State dropped the DUI.

Sep 7, 2023	Case: A76XDAE	Judge Cuervo
Facts:	The defendant was the at fault driver in a rear end traffic crash. Officers observed an odor of alcohol, a flushed face, and glassy eyes. Her speech was slurred and she appeared unsteady and off balance. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense:	After conversations with the State regarding the evidence, the State agreed to Drop the DUI.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 23-CT-000726	Judge Rich
Facts:	The defendant was stopped for speeding (89 mph in a 50 mph zone). The officer noticed an odor of alcohol, slurred speech, and a flushed face. He appeared confused, unsteady, and admitted to drinking. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	On tape, the defendant's speech was normal, he was not unsteady, and did not appear confused. The State, after reviewing the evidence, Dropped the DUI.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 23-CT-006426	Judge Rich
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, a blank/dazed stare, and poor coordination. He also observed fumbling fingers, slow/deliberate movements, and the defendant admitted to having drank two to three beers. After performing various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn, he was arrested for DUI. He later refused a breath test.
Defense:	Many observations written in the reports were contradicted by the video tape. After conversations with the State regarding the conflicts in the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 22-002853MM10A	Judge Francois
Facts:	The defendant was stopped for speeding and abruptly stopping at a red light. The initial officer observed a strong odor of alcohol and an open bottle of Corona in the front seat. A DUI officer was called to the scene to conduct a series of field sobriety exercises. At this time the defendant jumped back into his car and locked his arms around the steering wheel. The defendant began cursing at the officers. Ultimately, he was physically removed from his car. The defendant then performed and failed the HGN (eye test), walk and turn, as well as the one leg stand. He was subsequently arrested for DUI and refused a breath test. He was charged with both DUI as well as Resisting Without Violence.
Defense:	The information that the officers provided in their reports was inconsistent with both the video in the case as well as the client's version of the case. After pointing out the discrepancies to the prosecutor, they agreed to drop the DUI as well as the Resisting without Violence charges. The defendant walked away with no conviction on his record for anything.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 23-CT-000726	Judge Rich
Facts:	The defendant was stopped for speeding (89 mph in a 50 mph zone). The officer noticed an odor of alcohol, slurred speech, and a flushed face. He appeared confused, unsteady, and admitted to drinking. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	On tape, the defendant's speech was normal, he was not unsteady, and did not appear confused. The State, after reviewing the evidence, Dropped the DUI.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 23-CT-006426	Judge Rich
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, a blank/dazed stare, and poor coordination. He also observed fumbling fingers, slow/deliberate movements, and the defendant admitted to having drank two to three beers. After performing various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn, he was arrested for DUI. He later refused a breath test.
Defense:	Many observations written in the reports were contradicted by the video tape. After conversations with the State regarding the conflicts in the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 5, 2023	Case: 22-002853MM10A	Judge Francois
Facts:	The defendant was stopped for speeding and abruptly stopping at a red light. The initial officer observed a strong odor of alcohol and an open bottle of Corona in the front seat. A DUI officer was called to the scene to conduct a series of field sobriety exercises. At this time the defendant jumped back into his car and locked his arms around the steering wheel. The defendant began cursing at the officers. Ultimately, he was physically removed from his car. The defendant then performed and failed the HGN (eye test), walk and turn, as well as the one leg stand. He was subsequently arrested for DUI and refused a breath test. He was charged with both DUI as well as Resisting Without Violence.
Defense:	The information that the officers provided in their reports was inconsistent with both the video in the case as well as the client's version of the case. After pointing out the discrepancies to the prosecutor, they agreed to drop the DUI as well as the Resisting without Violence charges. The defendant walked away with no conviction on his record for anything.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-003727	Judge Rich
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol and glassy/watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. Believing he was on drugs as well, he was asked for a urine test to which he refused.
Defense:	The firm pointed out that that based on the police reports and video tape evidence, there was no probable cause to arrest the defendant for DUI. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-006042	Judge Rich
Facts:	The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant denied drinking any alcohol. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. He was then arrested for DUI and later refused a breath test.
Defense:	The firm pointed out to the State that there was a lack of proof based on the evidence that the defendant's normal faculties were impaired. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-004820	Judge Rich
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and red/glassy eye. She also appeared unsteady on her feet. She then performed various roadside tests and was arrested for DUI. She later blew a .193 and .182 in the breath machine.
Defense:	The defendant blew numerous times into the machine and there were a few invalid samples called VNM (volumes not met). After conversations with the State about the reliability of her breath test results, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-002464	Judge Rich
Facts:	The defendant was stopped after she was swerving, straddling the lane markers, driving at a high rate of speed, and breaking abruptly. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and she admitted to having consumed two drinks. After performing several field sobriety tests, she was arrested for DUI. She later refused a breath test.
Defense:	After conversations the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-004820	Judge Rich
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and red/glassy eye. She also appeared unsteady on her feet. She then performed various roadside tests and was arrested for DUI. She later blew a .193 and .182 in the breath machine.
Defense:	The defendant blew numerous times into the machine and there were a few invalid samples called VNM (volumes not met). After conversations with the State about the reliability of her breath test results, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-002464	Judge Rich
Facts:	The defendant was stopped after she was swerving, straddling the lane markers, driving at a high rate of speed, and breaking abruptly. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and she admitted to having consumed two drinks. After performing several field sobriety tests, she was arrested for DUI. She later refused a breath test.
Defense:	After conversations the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-006042	Judge Rich
Facts:	The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant denied drinking any alcohol. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. He was then arrested for DUI and later refused a breath test.
Defense:	The firm pointed out to the State that there was a lack of proof based on the evidence that the defendant's normal faculties were impaired. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs.
Result:	The State dropped the DUI.

Aug 31, 2023	Case: 23-CT-003727	Judge Rich
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol and glassy/watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. Believing he was on drugs as well, he was asked for a urine test to which he refused.
Defense:	The firm pointed out that that based on the police reports and video tape evidence, there was no probable cause to arrest the defendant for DUI. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs.
Result:	The State dropped the DUI.

Aug 28, 2023	Case: 23-CT-001200	Judge Krause
Facts:	The defendant was stopped for speeding on his motorcycle. The officer noticed an odor of alcohol, bloodshot/dilated eyes, and he stumbled. He exhibited slurred/drawn speech, appeared sluggish, and showed various mood swings. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	When a defendant refuses roadside tests, an officer must advise of the adverse consequences if one refuses (i.e. Taylor warnings). If they do not, the refusal will be excluded from evidence. Here, the officer did not follow the law and gave no adverse consequences. In addition, on tape, the defendant's speech was not slurred and he did not appear off balance.
Result:	The State dropped the DUI.