Jan 23, 2024	Case: 23-CT-016994	Judge Damico
Facts:	The defendant was stopped by police for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing field sobriety tests, she was arrested for DUI. She later blew a .094 and .096 in the breath machine.
Defense:	Due to the .02 margin of error in the breath machine, the firm was able to place both breath results below the legal limit.
Result:	The State dropped the DUI.

Jan 22, 2024	Case: 23-CT-502400	Judge Gill
Facts:	The defendant was the at fault vehicle in a sideswipe traffic crash on Interstate 75. The defendant fled the scene and was eventually caught. Officers noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He stumbled as he walked, swayed, and admitted to having consumed mixed drinks and beers. He then refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also charged with leaving the scene of an accident.
Defense:	Although the officer had an in-car camera, he never put the defendant in front of the camera so we can truly observe his demeanor and hear him speak. In addition, the officer took an audio recorded statement of the defendant, however, the police never turned it over to the State. Due to the above issues, the State Dropped the DUI. The defendant also received no conviction for the leaving the scene of the accident charge.
Result:	The State dropped the DUI.

Jan 22, 2024	Case: 23-CT-502400	Judge Gill
Facts:	The defendant was the at fault vehicle in a sideswipe traffic crash on Interstate 75. The defendant fled the scene and was eventually caught. Officers noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He stumbled as he walked, swayed, and admitted to having consumed mixed drinks and beers. He then refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also charged with leaving the scene of an accident.
Defense:	Although the officer had an in-car camera, he never put the defendant in front of the camera so we can truly observe his demeanor and hear him speak. In addition, the officer took an audio recorded statement of the defendant, however, the police never turned it over to the State. Due to the above issues, the State Dropped the DUI. The defendant also received no conviction for the leaving the scene of the accident charge.
Result:	The State dropped the DUI.

Jan 18, 2024	Case: 23-CT-046189	Judge Ingram
Facts:	The defendant was stopped for having illegal dark tint. Once stopped, the officer observed slow speech, red/bloodshot eyes, and a strong odor of marijuana emanating from the car. He appeared drowsy and fatigued, swayed, and had eyelid tremors. According to the officer, the defendant tried to hide a marijuana blunt in a soda cup in his center console. Believing he was impaired by the marijuana, the defendant performed various field sobriety tests and was arrested for DUI. He later submitted to a urine test which came back positive for marijuana from the lab. He was also charged with felony tampering with evidence for trying to hide/destroy/conceal the blunt.
Defense:	The firm spoke to the State immediately after the defendant was arrested and convinced them that this was not tampering with evidence,. He never tried to destroy or conceal it as he simply put in a soda cup. The State agreed and never filed the felony charge. Later on, we pointed out that on tape the defendant's normal faculties were not impaired and the officer totally exaggerated the police reports as to the level of impairment. The State agreed and Dropped the DUI to a civil careless driving infraction.
Result:	The State dropped the DUI.

Jan 18, 2024	Case: 23-CT-010586	Judge Rich
Facts:	The defendant was stopped for speeding and weaving. The officer noticed glassy eyes, slurred speech, and a strong odor of alcohol. The defendant admitted to having drank 1 alcoholic beverage. He performed poorly on roadside and was arrested for DUI. The officer actually believed he was impaired by drugs and requested urine to which the defendant provided a sample. It was then sent to the FDLE lab.
Defense:	The lab never turned the report over to the State. Thus, the State could not provide it to the defense. Due to the unknown whereabouts of the lab report the State Dismissed the DUI.
Result:	The DUI was dismissed.

Jan 18, 2024	Case: 23-CF-051444	Judge T. Brown
Facts:	Police were called to a gas station parking lot because the defendant was found passed out behind the wheel. Once they awoke the defendant, they smelled burnt marijuana emanating from the car, her eyes were watery/bloodshot, very slurred speech, a fixed gaze, and her pupils were dilated. She performed various non-physical roadside tests such as the HGN (eye test), finger to nose, and the alphabet. She was then arrested for DUI and later provided a urine test which came back positive from the lab for marijuana and two other controlled substances. She also was also arrested for Felony possession of controlled substance for a pill found in the car to which she didn't have a prescription for.
Defense:	When police arrived, she was legally parked in a parking space. The caller was unknown, thus making them anonymous. The officer opened her door without making any DUI observations (i.e., no corroboration of the anonymous tip). For all he knew, she was simply sleeping and not doing anything wrong. By the act of opening her door, we put forth that she was illegally being seized along with other facts like the officer pulled in behind her with police lights. The State Dropped the DUI and she also received no felony conviction the possession charge.
Result:	The State dropped the DUI.

Jan 18, 2024	Case: 23-CT-010586	Judge Rich
Facts:	The defendant was stopped for speeding and weaving. The officer noticed glassy eyes, slurred speech, and a strong odor of alcohol. The defendant admitted to having drank 1 alcoholic beverage. He performed poorly on roadside and was arrested for DUI. The officer actually believed he was impaired by drugs and requested urine to which the defendant provided a sample. It was then sent to the FDLE lab.
Defense:	The lab never turned the report over to the State. Thus, the State could not provide it to the defense. Due to the unknown whereabouts of the lab report the State Dismissed the DUI.
Result:	The DUI was dismissed.

Jan 18, 2024	Case: 23-CF-051444	Judge T. Brown
Facts:	Police were called to a gas station parking lot because the defendant was found passed out behind the wheel. Once they awoke the defendant, they smelled burnt marijuana emanating from the car, her eyes were watery/bloodshot, very slurred speech, a fixed gaze, and her pupils were dilated. She performed various non-physical roadside tests such as the HGN (eye test), finger to nose, and the alphabet. She was then arrested for DUI and later provided a urine test which came back positive from the lab for marijuana and two other controlled substances. She also was also arrested for Felony possession of controlled substance for a pill found in the car to which she didn't have a prescription for.
Defense:	When police arrived, she was legally parked in a parking space. The caller was unknown, thus making them anonymous. The officer opened her door without making any DUI observations (i.e., no corroboration of the anonymous tip). For all he knew, she was simply sleeping and not doing anything wrong. By the act of opening her door, we put forth that she was illegally being seized along with other facts like the officer pulled in behind her with police lights. The State Dropped the DUI and she also received no felony conviction the possession charge.
Result:	The State dropped the DUI.

Jan 18, 2024	Case: 23-CT-046189	Judge Ingram
Facts:	The defendant was stopped for having illegal dark tint. Once stopped, the officer observed slow speech, red/bloodshot eyes, and a strong odor of marijuana emanating from the car. He appeared drowsy and fatigued, swayed, and had eyelid tremors. According to the officer, the defendant tried to hide a marijuana blunt in a soda cup in his center console. Believing he was impaired by the marijuana, the defendant performed various field sobriety tests and was arrested for DUI. He later submitted to a urine test which came back positive for marijuana from the lab. He was also charged with felony tampering with evidence for trying to hide/destroy/conceal the blunt.
Defense:	The firm spoke to the State immediately after the defendant was arrested and convinced them that this was not tampering with evidence,. He never tried to destroy or conceal it as he simply put in a soda cup. The State agreed and never filed the felony charge. Later on, we pointed out that on tape the defendant's normal faculties were not impaired and the officer totally exaggerated the police reports as to the level of impairment. The State agreed and Dropped the DUI to a civil careless driving infraction.
Result:	The State dropped the DUI.

Jan 16, 2024	Case: 23-CT-007152	Judge Jewett
Facts:	The defendant was the at fault driver in a traffic crash. He rearended another car in a parking lot. Officers arrived and noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to being drunk and that he knew he had one too many. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .141 and .142 in the breath machine.
Defense:	When officers arrived, the defendant was outside his car. After conversations with the State about a lack of a "wheel witness," they Dismissed the DUI.
Result:	The DUI was dismissed.

Jan 16, 2024	Case: 23-CT-007152	Judge Jewett
Facts:	The defendant was the at fault driver in a traffic crash. He rearended another car in a parking lot. Officers arrived and noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to being drunk and that he knew he had one too many. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .141 and .142 in the breath machine.
Defense:	When officers arrived, the defendant was outside his car. After conversations with the State about a lack of a "wheel witness," they Dismissed the DUI.
Result:	The DUI was dismissed.

Jan 11, 2024	Case: AI9MANE	Judge Lawhorne
Facts:	The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, glossy eyes, and his speech was delayed and slurred. After performing various roadside tests, he was arrested for DUI. He 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.

Jan 11, 2024	Case: AI9MCYE	Judge Lawhorne
Facts:	The defendant was stopped for driving at a high rate of speed (over the speed limit) and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and a thick/slurred tongue. He was unsteady, staggered, and swayed. According to the DUI officer, he performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	The officer who stopped the defendant did not smell any alcohol and did not observe any slurred speech. In fact, he told the DUI officer that he did not think the defendant was signal one (code for DUI). Yet, he was still being unlawfully detained for a DUI investigation. On tape, the defendant was not unsteady, never staggered, and didn't sway. Also, he also performed very well on the field sobriety tests on tape as compared to what was written. The DUI officer was making the defendant out to be a falling down drunk which was the complete opposite of the video tape. Now that the arresting officer's credibility was called into question, as the reports were totally contradicted by videotape, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 11, 2024	Case: AI9MIVE	Judge Komninos
Facts:	The defendant was found passed out by police in a parking lot. Upon awakening the defendant, they observed a strong odor of marijuana, watery eyes, and he also had a bong in his hand. In addition, his speech was mumbled, he was lethargic and unsteady, and he also admitted to having smoked marijuana the day before. He then performed various roadside tests such as HGN (eye test) walk and turn, and the one leg stand. He was arrested for DUI and later refused a urine test.
Defense:	The defendant was simply sleeping in his car in a parking lot. There was no reasonable suspicion of any crime suspected by the officers to legally justify them opening his door. Also, the defendant was not in actual physical control as he had no capability to operate the car as he was sleeping in a parking lot.
Result:	The State dropped the DUI.

Jan 11, 2024	Case: AHFCA6E	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, bloodshot eyes, and he admitted to having drank two beers. The defendant then performed the HGN (eye test) and refused to perform any other tests. He was then arrested for DUI and later refused a breath test.
Defense:	On tape, the defendant's speech was not slurred, he was not off balance, never swayed, walked normally, stepped out of the car normally, and was very polite. After negotiations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Jan 11, 2024	Case: 23-CT-044958	Judge Garagozlo
Facts:	The defendant was involved in a traffic crash. The officer noticed the defendant to have an odor of alcohol, a flushed face, glassy eyes, and a sway to his stance. He performed poorly on the field sobriety tests and was arrested for DUI. He then blew a .237 and .231 in the breath machine.
Defense:	The firm was able to point out to the state via the evidence that the defendant was not at fault in the crash. The other driver failed to yield and slammed into the passenger side of the defendant's car. After conversations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Jan 11, 2024	Case: AHFCA6E	Judge Lawhorne
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, bloodshot eyes, and he admitted to having drank two beers. The defendant then performed the HGN (eye test) and refused to perform any other tests. He was then arrested for DUI and later refused a breath test.
Defense:	On tape, the defendant's speech was not slurred, he was not off balance, never swayed, walked normally, stepped out of the car normally, and was very polite. After negotiations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Jan 11, 2024	Case: AI9MANE	Judge Lawhorne
Facts:	The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, glossy eyes, and his speech was delayed and slurred. After performing various roadside tests, he was arrested for DUI. He 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.

Jan 11, 2024	Case: AI9MCYE	Judge Lawhorne
Facts:	The defendant was stopped for driving at a high rate of speed (over the speed limit) and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and a thick/slurred tongue. He was unsteady, staggered, and swayed. According to the DUI officer, he performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	The officer who stopped the defendant did not smell any alcohol and did not observe any slurred speech. In fact, he told the DUI officer that he did not think the defendant was signal one (code for DUI). Yet, he was still being unlawfully detained for a DUI investigation. On tape, the defendant was not unsteady, never staggered, and didn't sway. Also, he also performed very well on the field sobriety tests on tape as compared to what was written. The DUI officer was making the defendant out to be a falling down drunk which was the complete opposite of the video tape. Now that the arresting officer's credibility was called into question, as the reports were totally contradicted by videotape, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 11, 2024	Case: AI9MIVE	Judge Komninos
Facts:	The defendant was found passed out by police in a parking lot. Upon awakening the defendant, they observed a strong odor of marijuana, watery eyes, and he also had a bong in his hand. In addition, his speech was mumbled, he was lethargic and unsteady, and he also admitted to having smoked marijuana the day before. He then performed various roadside tests such as HGN (eye test) walk and turn, and the one leg stand. He was arrested for DUI and later refused a urine test.
Defense:	The defendant was simply sleeping in his car in a parking lot. There was no reasonable suspicion of any crime suspected by the officers to legally justify them opening his door. Also, the defendant was not in actual physical control as he had no capability to operate the car as he was sleeping in a parking lot.
Result:	The State dropped the DUI.