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.

Sep 6, 2022	Case: 21-CT-503413	Judge Swett
Facts:	Officers were called to a 7-11 reference a suspicions person call. When officers arrived, the defendant pulled out of the parking lot and drove up on the curb. The defendant then followed a van too closely and ran a stop sign. He then drove off the roadway and the officer conducted a traffic stop. There was no odor of alcohol, but the officer observed droopy eye lids, bloodshot eyes, and he handed the officer a health insurance card instead of his driver’s license. He also staggered, stumbled, and swayed. He had a dazed look and appeared sleepy. Believing he was impaired by drugs, he then performed various roadside tests and was subsequently arrested for DUI. At the station, he also submitted to a DRE (drug recognition exam). He later provided a urine sample which revealed a positive result for a controlled substance after being tested by FDLE.
Defense:	Issues were presented to the State by the defense as to contradictions between the DRE exam field sobriety tests done at the station versus the roadside tests done as the scene.
Result:	The State dropped the DUI.

Sep 6, 2022	Case: 21-CT-503413	Judge Swett
Facts:	Officers were called to a 7-11 reference a suspicions person call. When officers arrived, the defendant pulled out of the parking lot and drove up on the curb. The defendant then followed a van too closely and ran a stop sign. He then drove off the roadway and the officer conducted a traffic stop. There was no odor of alcohol, but the officer observed droopy eye lids, bloodshot eyes, and he handed the officer a health insurance card instead of his driver’s license. He also staggered, stumbled, and swayed. He had a dazed look and appeared sleepy. Believing he was impaired by drugs, he then performed various roadside tests and was subsequently arrested for DUI. At the station, he also submitted to a DRE (drug recognition exam). He later provided a urine sample which revealed a positive result for a controlled substance after being tested by FDLE.
Defense:	Issues were presented to the State by the defense as to contradictions between the DRE exam field sobriety tests done at the station versus the roadside tests done as the scene.
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.

Sep 1, 2022	Case: 22-CT-004440	Judge Conrad
Facts:	The police were called about a suspicious vehicle. When officers arrived, the defendant was parked and asleep in the driver's seat of his truck. The vehicle was off and the keys were on the defendant's lap. Officers noticed an odor of alcohol, slurred speech, and he was making unusual statements. He also had bloodshot eyes and admitted to having drank 4-5 vodka/diet cokes. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	The State could not prove that the defendant was in actual physical control of the truck as he had no "capability" to operate the truck while sleeping and the engine being off.
Result:	The State dropped the DUI.

Sep 1, 2022	Case: 22-CT-003219	Judge Conrad
Facts:	The defendant was stopped for straddling the lane markers and almost sideswiping a guardrail. Officers observed an odor of alcohol, watery/glassy eyes, and displayed cognitive issues when being spoken too. The defendant first denied drinking then later admitted to having drank beers. He then performed various field sobriety tests such and the HGN (eye test), one leg stand, and walk and turn. He later blew a. 182 and .181 in the breath machine.
Defense:	After several discussions with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Sep 1, 2022	Case: 22-CT-005154	Judge Oster
Facts:	The defendant was stopped for weaving and driving under the speed limit. It took the defendant one mile before he stopped even with police lights and sirens on. Officers noticed an odor of alcohol, fumbling fingers, and he appeared very unsteady. He also had bloodshot eyes and slurred speech. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .170, .20 and .185 in the breath machine.
Defense:	Only two breath samples are required under the law and they each have to be within .02 of each other. Here, there were three samples.
Result:	The State dropped the DUI.

Sep 1, 2022	Case: 22-CT-003219	Judge Conrad
Facts:	The defendant was stopped for straddling the lane markers and almost sideswiping a guardrail. Officers observed an odor of alcohol, watery/glassy eyes, and displayed cognitive issues when being spoken too. The defendant first denied drinking then later admitted to having drank beers. He then performed various field sobriety tests such and the HGN (eye test), one leg stand, and walk and turn. He later blew a. 182 and .181 in the breath machine.
Defense:	After several discussions with the State regarding the evidence and the defendant, they Dropped the DUI.
Result:	The State dropped the DUI.

Sep 1, 2022	Case: 22-CT-005154	Judge Oster
Facts:	The defendant was stopped for weaving and driving under the speed limit. It took the defendant one mile before he stopped even with police lights and sirens on. Officers noticed an odor of alcohol, fumbling fingers, and he appeared very unsteady. He also had bloodshot eyes and slurred speech. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .170, .20 and .185 in the breath machine.
Defense:	Only two breath samples are required under the law and they each have to be within .02 of each other. Here, there were three samples.
Result:	The State dropped the DUI.

Sep 1, 2022	Case: 22-CT-004440	Judge Conrad
Facts:	The police were called about a suspicious vehicle. When officers arrived, the defendant was parked and asleep in the driver's seat of his truck. The vehicle was off and the keys were on the defendant's lap. Officers noticed an odor of alcohol, slurred speech, and he was making unusual statements. He also had bloodshot eyes and admitted to having drank 4-5 vodka/diet cokes. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense:	The State could not prove that the defendant was in actual physical control of the truck as he had no "capability" to operate the truck while sleeping and the engine being off.
Result:	The State dropped the DUI.

Aug 31, 2022	Case: 22-CT-6438	Judge Conrad
Facts:	The defendant was stopped for driving without lights and also failing to stop at a stop sign. Officers observed an odor of alcohol, glassy eyes, and she appeared unsteady. She then refused to perform roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI and she was also charged with refusing to provide a breath test for the second time.
Defense:	We pointed out to the State that the defendant did not appear unsteady at all on video. In fact, she walked and stood perfectly normal. In addition, her speech sounded normal and she had no issues exiting her car. The State Dropped the defendant's Second DUI and also dismissed her second refusal charge.
Result:	The State dropped the DUI.

Aug 31, 2022	Case: 22-CT-005947	Judge Conrad
Facts:	The defendant was stopped for driving westbound in the eastbound lane of travel. The officer noticed an odor of alcohol, she admitted to having drank 3 beers, and had red/glassy eyes. She then performed various field sobriety tests and was arrested for DUI. She later blew a .146 and .140 in the breath machine.
Defense:	After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 31, 2022	Case: 22-CT-5196	Judge Farr
Facts:	The defendant was stopped for driving 99 mph in a 45 mph zone. He also drove around other cars very closely, almost causing an accident. He was then stopped and ordered out of the car. He was not complying with officers' commands and they handcuffed him. Officers then smelled and odor of alcohol and also noticed bloodshot eyes. He was arrested at that point for reckless driving and resisting an officer without violence. At the jail, he was asked to perform roadside tests to which he refused. A DUI charge was then added. He then refused a breath test. This was the Defendant's Second DUI and also he was charged with a Second Refusal to provide a breath test.
Defense:	An officer must advise a defendant of adverse consequences if they refuse to perform field sobriety tests. Here, the officer didn't comply with the law and gave no adverse consequences. Thus, the defendant's refusal to do roadside tests would have been excluded from evidence. In addition, when the officer read the defendant the implied consent upon requesting a breath test, they read him the wrong implied consent. Here, officer read him the one that applies to boating under the influence cases and not DUI's. Thus, the defendant's refusal to provide a breath sample would have been excluded from evidence. The State Dropped the defendant's Second DUI, Dismissed the second refusal charge, Dismissed the reckless charge, and he received no further penalties on the resisting charge.
Result:	The State dropped the DUI.

Aug 31, 2022	Case: 22-CT-6438	Judge Conrad
Facts:	The defendant was stopped for driving without lights and also failing to stop at a stop sign. Officers observed an odor of alcohol, glassy eyes, and she appeared unsteady. She then refused to perform roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI and she was also charged with refusing to provide a breath test for the second time.
Defense:	We pointed out to the State that the defendant did not appear unsteady at all on video. In fact, she walked and stood perfectly normal. In addition, her speech sounded normal and she had no issues exiting her car. The State Dropped the defendant's Second DUI and also dismissed her second refusal charge.
Result:	The State dropped the DUI.

Aug 31, 2022	Case: 22-CT-5196	Judge Farr
Facts:	The defendant was stopped for driving 99 mph in a 45 mph zone. He also drove around other cars very closely, almost causing an accident. He was then stopped and ordered out of the car. He was not complying with officers' commands and they handcuffed him. Officers then smelled and odor of alcohol and also noticed bloodshot eyes. He was arrested at that point for reckless driving and resisting an officer without violence. At the jail, he was asked to perform roadside tests to which he refused. A DUI charge was then added. He then refused a breath test. This was the Defendant's Second DUI and also he was charged with a Second Refusal to provide a breath test.
Defense:	An officer must advise a defendant of adverse consequences if they refuse to perform field sobriety tests. Here, the officer didn't comply with the law and gave no adverse consequences. Thus, the defendant's refusal to do roadside tests would have been excluded from evidence. In addition, when the officer read the defendant the implied consent upon requesting a breath test, they read him the wrong implied consent. Here, officer read him the one that applies to boating under the influence cases and not DUI's. Thus, the defendant's refusal to provide a breath sample would have been excluded from evidence. The State Dropped the defendant's Second DUI, Dismissed the second refusal charge, Dismissed the reckless charge, and he received no further penalties on the resisting charge.
Result:	The State dropped the DUI.

Aug 31, 2022	Case: 22-CT-005947	Judge Conrad
Facts:	The defendant was stopped for driving westbound in the eastbound lane of travel. The officer noticed an odor of alcohol, she admitted to having drank 3 beers, and had red/glassy eyes. She then performed various field sobriety tests and was arrested for DUI. She later blew a .146 and .140 in the breath machine.
Defense:	After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 30, 2022	Case: 20-CT-003489	Judge Steele
Facts:	The defendant was stopped for speeding and drifting into oncoming lanes. He was then very slow to stop even with lights and sirens. The officer noticed and odor of alcohol, bloodshot eyes, and droopy eye lids. He performed very poorly on roadside tests. For example, on the walk and turn, he stepped off the line and lost his balance during the instructions. On the one leg stand, he used his arms for balance and placed his foot on the ground multiple times. He was arrested for DUI and later refused the breath test.
Defense:	The officers were having problems with the breath machine. The defendant never actually refused to take the breath test. The first time he blew, they alleged there were two invalid breath samples. The next time he was going to blow, the machine failed as it reflected RFI (radio frequency interference). The third time he was going to blow, the were two more alleged invalid samples.
Result:	The State dropped the DUI.