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239.217.3723
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OUR RECENT VICTORIES

Dec 1, 2016 Case: 2016-CT-002582 Judge Jeske
Facts: The defendant was found by an officer at a gas station passed out behind the wheel. Upon awakening the defendant, the officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant admitted to drinking and gave inconsistent statements to the officer. That officer then called for a DUI unit who made similar observations. The defendant was then asked to perform field sobriety tests and he refused. After being told of the adverse consequences of refusing, he was arrested for DUI. The defendant refused to take the breath test. This was the defendant's Second DUI arrest.
Defense: In order to request a defendant to roll down their window, there must be reasonable suspicion of a crime. Here, the officer merely believed that the defendant was sleeping and was not sick or injured. Thus, his order for the defendant to roll his window down was unlawful. Since that initial contact with the defendant was unlawful, all evidence thereafter would have been excluded due to an unlawful seizure pursuant to the 4th amendment.
Result: The State Dropped the DUI.
Nov 30, 2016 Case: 2016-CT-014361 Judge Weis
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant told the officer she had drank "five" beers that night. The defendant then performed the roadside tasks at the request of the officer. For example, on the walk and turn, the defendant stepped off the line, took and incorrect number of steps, and used her arms for balance. On the one leg stand, she put her foot down, swayed , and used her arms for balance. She was then arrested for DUI and subsequently refused the breath test.
Defense: The officer had the defendant perform the field sobriety tests on the side of the interstate highway. As she was performing the tasks, cars and trucks were driving by at high rates of speed very close to the testing area. It was very dark, loud, and the road appeared to be very slanted on the video tape. Thus, it was unclear if her performance on the roadside tests was due to alcohol versus the conditions under which the defendant performed the tests.
Result: The State Dropped the DUI.
Nov 30, 2016 Case: 2016-CT-014361 Judge Weis
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant told the officer she had drank "five" beers that night. The defendant then performed the roadside tasks at the request of the officer. For example, on the walk and turn, the defendant stepped off the line, took and incorrect number of steps, and used her arms for balance. On the one leg stand, she put her foot down, swayed , and used her arms for balance. She was then arrested for DUI and subsequently refused the breath test.
Defense: The officer had the defendant perform the field sobriety tests on the side of the interstate highway. As she was performing the tasks, cars and trucks were driving by at high rates of speed very close to the testing area. It was very dark, loud, and the road appeared to be very slanted on the video tape. Thus, it was unclear if her performance on the roadside tests was due to alcohol versus the conditions under which the defendant performed the tests.
Result: The State Dropped the DUI.
Nov 29, 2016 Case: A0Z1CGP Judge Wolfson
Facts: The defendant was the at fault driver in a rear end crash. When the officers arrived at the scene, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was also observed to be unsteady on his feet. He then performed the field sobriety tests and exhibited several clues of impairment. He was then arrested for DUI and subsequently blew a .187 and .181 in the breath machine.
Defense: There were issues with the defendant's breath test as one of the control tests was reading high. Thus, his breath readings could have been skewed higher than what was actually in his system.
Result: The State Dropped the DUI.
Nov 29, 2016 Case: 2016-CT-011070 Judge Farr
Facts: The defendant was stopped for weaving and stopping past the stop bar. The defendant stated he had a couple of drinks. He had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was then asked for perform field sobriety tests on video tape. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .093 and .088 in the breath machine.
Defense: On video, the defendant's speech was not slurred versus what the officer had wrote in her report. Also, with the .02 margin of error in the breath machine, the defendant's two breath test results could have been under the legal limit.
Result: The State Dropped the DUI.
Nov 29, 2016 Case: A0Z1CGP Judge Wolfson
Facts: The defendant was the at fault driver in a rear end crash. When the officers arrived at the scene, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was also observed to be unsteady on his feet. He then performed the field sobriety tests and exhibited several clues of impairment. He was then arrested for DUI and subsequently blew a .187 and .181 in the breath machine.
Defense: There were issues with the defendant's breath test as one of the control tests was reading high. Thus, his breath readings could have been skewed higher than what was actually in his system.
Result: The State Dropped the DUI.
Nov 29, 2016 Case: 2016-CT-011070 Judge Farr
Facts: The defendant was stopped for weaving and stopping past the stop bar. The defendant stated he had a couple of drinks. He had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was then asked for perform field sobriety tests on video tape. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .093 and .088 in the breath machine.
Defense: On video, the defendant's speech was not slurred versus what the officer had wrote in her report. Also, with the .02 margin of error in the breath machine, the defendant's two breath test results could have been under the legal limit.
Result: The State Dropped the DUI.
Nov 17, 2016 Case: 2016-CT-007096 Judge Bell
Facts: The defendant was stopped for running a red light and speeding. The officer observed the defendant to have an odor of alcohol, bloodshot/glassy eyes, slurred speech, and he admitted to having consumed beer. The defendant then performed the roadside tests. He exhibited several signs of impairment and was arrested for DUI. After his arrest, he blew a .093 and .098 in the breath machine.
Defense: Since there is a .02 margin of error in the breath machine, the defendant's two test results could have been under the legal limit.
Result: The State Dropped the DUI.
Nov 17, 2016 Case: 2016-CT-007096 Judge Bell
Facts: The defendant was stopped for running a red light and speeding. The officer observed the defendant to have an odor of alcohol, bloodshot/glassy eyes, slurred speech, and he admitted to having consumed beer. The defendant then performed the roadside tests. He exhibited several signs of impairment and was arrested for DUI. After his arrest, he blew a .093 and .098 in the breath machine.
Defense: Since there is a .02 margin of error in the breath machine, the defendant's two test results could have been under the legal limit.
Result: The State Dropped the DUI.
Nov 16, 2016 Case: 2015-CT-001899 Judge Blechman
Facts: The defendant was stopped for having an obscured tag. Once stopped, the officer noticed the defendant to have a pale face and appeared to be confused. No odor of alcohol was observed. The defendant's speech was slurred and his eyes were bloodshot. Believing the defendant may be impaired, he was detained at the scene. While he was being detained, the officer had called for K-9 units. As the dogs sniffed the car, they alerted the officers. A small amount of marijuana was found. The defendant was then asked to perform roadside tasks. According to the officer, he did not perform up to standards and was arrested for DUI. Back at the station, a DRE (drug recognition exam) was conducted to determine if the defendant was under the influence of drugs. He then submitted to a urine sample which later tested positive at the toxicology lab for marijuana.
Defense: Under Florida case law, a defendant cannot be detained longer than necessary for the officer to write a traffic citation when there is no reasonable suspicion of a crime. Here, on video, the defendant's speech was not slurred and he didn't appear to be confused. There was no odor of marijuana coming from the defendant's person, nor any odor of alcohol. After doing the research, the case law was clear that the defendant was detained on video tape longer than necessary for the officer to have written the citation for an obscured tag. Also, there was no reasonable suspicion of a crime (ie. DUI) to justify detaining him as the video contradicted the officer's report. The officers never charged the defendant with possession of marijuana. Due to the unlawful detention, the DUI was Dismissed.
Result: The DUI was Dismissed.
Nov 16, 2016 Case: 2015-CT-001899 Judge Blechman
Facts: The defendant was stopped for having an obscured tag. Once stopped, the officer noticed the defendant to have a pale face and appeared to be confused. No odor of alcohol was observed. The defendant's speech was slurred and his eyes were bloodshot. Believing the defendant may be impaired, he was detained at the scene. While he was being detained, the officer had called for K-9 units. As the dogs sniffed the car, they alerted the officers. A small amount of marijuana was found. The defendant was then asked to perform roadside tasks. According to the officer, he did not perform up to standards and was arrested for DUI. Back at the station, a DRE (drug recognition exam) was conducted to determine if the defendant was under the influence of drugs. He then submitted to a urine sample which later tested positive at the toxicology lab for marijuana.
Defense: Under Florida case law, a defendant cannot be detained longer than necessary for the officer to write a traffic citation when there is no reasonable suspicion of a crime. Here, on video, the defendant's speech was not slurred and he didn't appear to be confused. There was no odor of marijuana coming from the defendant's person, nor any odor of alcohol. After doing the research, the case law was clear that the defendant was detained on video tape longer than necessary for the officer to have written the citation for an obscured tag. Also, there was no reasonable suspicion of a crime (ie. DUI) to justify detaining him as the video contradicted the officer's report. The officers never charged the defendant with possession of marijuana. Due to the unlawful detention, the DUI was Dismissed.
Result: The DUI was Dismissed.
Nov 10, 2016 Case: 2016-CM-004139 Judge Lefler
Facts: The defendant was stopped as she entered the middle of an intersection at a steady red light. The officer, who was at the intersection and observed her infraction, then stopped the defendant. Upon approaching the car, he smelled a strong odor of marijuana coming from the defendant's car and her person. He also observed a green leafy substance in the defendant's mouth and bloodshot eyes. The defendant was off balance, unsteady, and swayed. The defendant then performed the field sobriety tests on video tape. According the officer, she performed poorly and was arrested for DUI. After her arrest, she provided a urine sample. That sample came back from the toxicology lab positive for marijuana.
Defense: The officer's reports were contradicted by the video. For example, the officer wrote that the defendant had stepped off the line on the walk and turn test. However, on tape it appeared she never stepped off the line. The officer also wrote that she was unsteady. However, on tape, she appeared to be standing normally. In addition, the officer wrote that the defendant had an odor of alcohol, but he never even asked her for a breath test. These examples, plus many other contradictions, were brought to the State's attention a week before trial.
Result: The State Dropped the DUI.
Nov 10, 2016 Case: 2016-CM-004139 Judge Lefler
Facts: The defendant was stopped as she entered the middle of an intersection at a steady red light. The officer, who was at the intersection and observed her infraction, then stopped the defendant. Upon approaching the car, he smelled a strong odor of marijuana coming from the defendant's car and her person. He also observed a green leafy substance in the defendant's mouth and bloodshot eyes. The defendant was off balance, unsteady, and swayed. The defendant then performed the field sobriety tests on video tape. According the officer, she performed poorly and was arrested for DUI. After her arrest, she provided a urine sample. That sample came back from the toxicology lab positive for marijuana.
Defense: The officer's reports were contradicted by the video. For example, the officer wrote that the defendant had stepped off the line on the walk and turn test. However, on tape it appeared she never stepped off the line. The officer also wrote that she was unsteady. However, on tape, she appeared to be standing normally. In addition, the officer wrote that the defendant had an odor of alcohol, but he never even asked her for a breath test. These examples, plus many other contradictions, were brought to the State's attention a week before trial.
Result: The State Dropped the DUI.
Nov 9, 2016 Case: 16-001582CT Judge Martin
Facts: The defendant was stopped for driving in the wrong lane of travel. The officer observed the defendant to have an odor of alcohol and red eyes. While talking to the defendant at the car, the defendant stated to the officer that he "had a little bit to much drink." He was then asked to performed field sobriety tests. He then responded "that he would fail. " After unsuccessful attempts to perform the walk and turn and one leg stand tests, he was then arrested for DUI. After his arrest he refused the breath test.
Defense: The defendant denied making those statements. In addition, he told the officer he had recent head trauma issues which would cause him to be off balance and fail any physical tests. This created doubt as to whether he was impaired by alcohol or his head trauma.
Result: The State Dropped the DUI.
Nov 9, 2016 Case: 16-001582CT Judge Martin
Facts: The defendant was stopped for driving in the wrong lane of travel. The officer observed the defendant to have an odor of alcohol and red eyes. While talking to the defendant at the car, the defendant stated to the officer that he "had a little bit to much drink." He was then asked to performed field sobriety tests. He then responded "that he would fail. " After unsuccessful attempts to perform the walk and turn and one leg stand tests, he was then arrested for DUI. After his arrest he refused the breath test.
Defense: The defendant denied making those statements. In addition, he told the officer he had recent head trauma issues which would cause him to be off balance and fail any physical tests. This created doubt as to whether he was impaired by alcohol or his head trauma.
Result: The State Dropped the DUI.
Nov 7, 2016 Case: 2016-CT-010873AXXX-XX Judge Koons
Facts: The defendant was stopped after a caller on 911 stated that the defendant was driving all over the road. Once stopped, the officer observed the defendant to have an odor of alcohol, glassy/watery eyes, and a flushed face. The defendant stated he had drank two beers. The defendant then performed the field sobriety tests on video tape. According to the officer, he performed poorly and was arrested for DUI.
Defense: The defendant stated on videotape that his legs were almost totally disabled from the military. Yet, the officer still had him perform the physical tests such as the walk and turn and one leg stand. The defendant did not perform well on tape , however, it was unclear from the video whether any impairment was due to alcohol vs. his disability. Due to the conflict in the evidence, the State Dropped the DUI.
Result: The State Dropped the DUI.
Nov 7, 2016 Case: 2016-CT-006984 Judge Miller
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, thick/rambling speech, and his gait was jerky and very unsteady. The defendant told the officer that he had drank a bucket of beer. He then performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .133 and .127 in the breath machine. This was the defendant's Second DUI.
Defense: The officer gave the defendant misinformation about the penalties of refusing a breath test. Thus, by misstating the law, he coerced the defendant into taking the breath test.
Result: The State Dropped the DUI.
Nov 7, 2016 Case: 2016-CT-010873AXXX-XX Judge Koons
Facts: The defendant was stopped after a caller on 911 stated that the defendant was driving all over the road. Once stopped, the officer observed the defendant to have an odor of alcohol, glassy/watery eyes, and a flushed face. The defendant stated he had drank two beers. The defendant then performed the field sobriety tests on video tape. According to the officer, he performed poorly and was arrested for DUI.
Defense: The defendant stated on videotape that his legs were almost totally disabled from the military. Yet, the officer still had him perform the physical tests such as the walk and turn and one leg stand. The defendant did not perform well on tape , however, it was unclear from the video whether any impairment was due to alcohol vs. his disability. Due to the conflict in the evidence, the State Dropped the DUI.
Result: The State Dropped the DUI.
Nov 7, 2016 Case: 2016-CT-006984 Judge Miller
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, thick/rambling speech, and his gait was jerky and very unsteady. The defendant told the officer that he had drank a bucket of beer. He then performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .133 and .127 in the breath machine. This was the defendant's Second DUI.
Defense: The officer gave the defendant misinformation about the penalties of refusing a breath test. Thus, by misstating the law, he coerced the defendant into taking the breath test.
Result: The State Dropped the DUI.
Nov 1, 2016 Case: 2016-CT-041815 Judge Garagozlo
Facts: The defendant was stopped for driving up on a curb. When stopped, the officer observed the defendant to have slurred/mumbled speech and he fumbled with his license. No odor of alcohol was observed. The officer, believing the defendant was impaired by something, asked him to perform field sobriety exercises. The defendant performed poorly. For example, on the one leg stand, he used his arms for balance and put his foot down. On the walk and turn, he did not count out loud, did not touch heel to toe, and had difficulty maintaining his balance. He was then arrested for DUI.
Defense: Under Florida law, a person has to be impaired by a alcohol, a specific chemical, and/or controlled substance to be convicted of DUI. Here, the State could not prove by what specific substance the defendant was impaired. After reviewing the discovery, the firm then pointed this out to the State and the DUI was dismissed.
Result: The DUI was Dismissed.

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