3/8/2010 Case #376913-W Judge Fernandez

Facts The defendant was found sleeping in is car by the police on the side of the road. He was ordered out of his car and the officers noticed an odor of alcohol, vomit on his shirt, and mumbled speech. The defendant refused to do the roadside tests. After his arrest for DUI, he blew a .188 in the breath machine.
Defense The officers had no reasonable suspicion that a crime had been committed prior to ordering a defendant who they believed to be sleeping out of his car. Thus, all the evidence observed by the police after he was ordered out of the car would have been thrown out (ie. suppressed).
Result The State Dropped the DUI.

3/3/2010 Case #9058-XCM Judge Fernandez

Facts The defendant was stopped for failing to stop at a red light while turning right and swerving. The officer noticed an odor of alcohol, a flushed face, slurred speech, and bloodshot eyes. According to the officer, the defendant did not perform the roadsides to standards. For example, on the walk and turn, he stepped off the line, did not turn correctly, and lost his balance during the instructions. One the one leg stand, he put his foot down, swayed, and hopped. He was arrested for DUI and then refused the breath test.
Defense The defense presented many witnesses to the State who were with the defendant on the night in question who contradicted the officer's version of events as well as the defendant's level of impairment. They all stated he was not impaired.
Result The State Dropped the DUI.

3/1/2010 Case #7828-XEJ Judge Krieger-Martin

Facts The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and he admitted to drinking. The defendant stumbled upon exiting the car. Due to "safety" concerns, the roadsides were done at the station to which the defendant performed poorly due to his level of intoxication. The defendant blew a .248 in the breath machine.
Defense The arresting officer could not remember what the "safety" concerns were as to why the roadsides were done at the station and not at the scene. Thus, the defense was prepared to file a motion to suppress all the roadsides and breath test results for a lack of probable cause to arrest the defendant at the scene based on a lack of evidence.
Result The DUI was Dismissed on the morning of trial.

3/1/2010 Case #2554-XED Judge Seraphin

Facts The defendant was stopped for driving in the wrong direction. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also admitted to drinking wine. On the one leg stand test, he put his foot down more than three times and the test was stopped. On the walk and turn, he stepped off the line, did not touch heel to toe, and lost his balance. He was arrested for DUI and blew a .236 and a .236 in the breath machine.
Defense Ready for trial.
Result The DUI was Dismissed on Speedy Trial grounds.

3/1/2010 Case #5112-XED Judge Krieger-Martin

Facts The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted drinking beer. The defendant did not perform the roadside tests to standards and was arrested for DUI. After his arrest, the police also found marijuana on the defendant. He then blew a .176 in the breath machine.
Defense A pre-trial investigation by the firm revealed that the arresting officer had worked for several departments and was just recently arrested and charged with felonies by the State Attorney's Office.
Result The State Dismissed the DUI.

2/17/2010 Case #06-022369MM10A Judge Ireland

Facts The defendant was stopped for driving in the wrong direction and running a red light. The officer noticed an odor of alcohol, glassy eyes, and a flushed face. He refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused to take the breath test.
Defense Ready for trial.
Result The State Dropped the DUI.

2/16/2010 Case #2201-XED Judge Krieger-Martin

Facts The defendant was stopped for speeding and almost colliding with another car. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he failed the roadside tests and was arrested for DUI. For example, on the walk and turn, he paused to regain his balance, did not touch heel to toe, and stepped off the line. On the finger to nose, he missed the tip of his nose and did not remove his finger from his nose. After his arrest, he blew a .164 and .151 in the breath machine.
Defense On the morning of trial, the officers could not remember who conducted the required 20 minute observation period prior to the breath test being given. Thus, the State would not have been able to get the test results into evidence.
Result The State Dropped the DUI.

2/12/2010 Case #2009-CT-023637AXX Judge Eissey

Facts The defendant was stopped by the police for crossing over the stop bar at a red light and then nearly colliding with another car. The officer noticed an odor of alcohol. The defendant refused the roadside tests and asked for a blood test. After his arrest for DUI, he blew a .218 and .221 in the breath machine.
Defense The defense filed a motion to suppress the breath test results. In our motion, we showed via a video tape that the defendant asked for an independent blood test prior to being offered a breath test. According to Florida Law, "reasonable assistance" must be given for an independent blood test before the breath tests can be admissible. No assistance was given in this case. The Judge followed the case law, granted the motion, and threw out the breath test results.
Result The State Dropped the DUI.

2/10/2010 Case #2009-CT-006803AXXX Judge Cox

Facts The defendant was involved in a traffic crash whereby he lost control of his vehicle, hit a cement barrier wall, then struck a guardrail. The defendant was immediately taken to the hospital by fire rescue. The trooper met the defendant at the hospital where she noticed and odor of alcohol, flushed face, and watery eyes. The trooper then ordered blood be taken from the defendant since he was not able to give a breath test. The blood results revealed a blood alcohol content of .118. The defendant was later arrested for DUI.
Defense The defense took a pre-trial deposition of the trooper. At the sworn deposition, the trooper had no recollection of any specifics of the case. For example, she could not even remember who told her the defendant was even the driver of the car in question. The defense then presented that deposition to the State.
Result The State Dropped the DUI.

2/10/2010 Case #CT-OO749-XAM Judge Courtney

Facts The defendant was stopped for weaving. After being pulled over, the defendant stated she was distracted. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. She then performed the field sobriety tests which were video taped. According to the officer, she performed poorly and was arrested for DUI. After her arrest, she refused the breath test.
Defense The defense pointed out to the State that none of the defendant's "normal faculties" were impaired as required by Florida Law.
Result The State Dropped the DUI.

2/8/2010 Case #8110-XEE Judge Seff

Facts The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, slurred speech, and had poor balance exiting the car. All of the field sobriety exercises were discontinued due to the defendant being completely off balance. After her arrest for DUI, she blew a .181 in the breath machine.
Defense On the morning of trial, the officer who conducted the field sobriety exercises could not remember the specifics of the tests because of a vague report nor at what point they were stopped.
Result The State Dropped the DUI.

2/1/2010 Case #1760-XAC Judge Miranda

Facts The defendant was involved in a rear end collision which he was not at fault. When the officer arrived, he observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant stated he had been drinking that night. The defendant performed the roadside tests at the request of the officer. For example, on the walk and turn test, the defendant used his arms for balance, took the incorrect number of steps, and started to early. The defendant was arrested for DUI.
Defense The State could not prove that the defendant was in actual physical control of the motor vehicle on the morning of trial nor that he caused or contributed to the crash pursuant to Florida Statutes.
Result The DUI was Dismissed.

1/29/2010 Case #2008-CT-7781 Judge Draper

Facts The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, a dazed look, and bloodshot eyes. The defendant stated he had a few drinks. He performed poorly on the roadside tests according to the officer and was arrested for DUI. For example, on the walk turn, he took the incorrect number of steps, raised his arms for balance, and did not touch heel to toe. After his arrest, he blew a .119 in the breath machine.
Defense The defense was prepared for a trial.
Result The DUI was Dismissed.

1/27/2010 Case #09-2080MM10A (JURY TRIAL) Judge Ireland

Facts The defendant was the "at-fault" driver in a rear end crash. The officer arrived on scene and advised the defendant that he was conducting a DUI investigation. As he spoke with the defendant the officer observed an odor of alcohol, bloodshot watery eyes and slurred speech. It should be noted that the video back at the police station indicated slurred speech as well. The defendant then performed a series of field sobriety tests. On the walk and turn test, the defendant swayed back and forth, failed to walk heel to toe, and stepped off the line several times. On the one leg stand test, the defendant stomped her foot several times and almost fell over. The test was discontinued for her safety. On the finger to nose test, the defendant failed to touch the tip of her nose on each attempt. The defendant was arrested for DUI.
Defense At trial, the state presented 4 witnesses. The first witness was a civilian who allegedly made contact with the defendant after the accident and prior to the arrival by the police. The civilian testimony was inconsistent with the observations and testimony by the police. The trial lasted 2 days.
Result The Jury found the defendant NOT GUILTY.

1/25/2010 Case #08-2585MM10A Judge Lerner-Wren

Facts The defendant was involved in a traffic crash on the highway with extensive damage. The Trooper observed a strong odor of alcohol, extremely slurred speech and bloodshot eyes. The defendant then performed a series of field sobriety exercises. On the walk and turn test, the defendant failed to walk heel to toe and stepped off the line several times. On the HGN (eye test), she indicated all six clues of nystagmus. During the investigation, the Trooper spoke with an independent civilian witness that allegedly identified the defendant as the driver in the accident. The defendant was arrested for DUI.
Defense The firm filed a pre-trial motion to suppress arguing that the state could not prove that the defendant was the driver in the accident. At the motion to suppress, the state relied on the hearsay testimony of the civilian. The testimony failed to demonstrate whether the keys were in the ignition. The testimony failed to indicate whether the civilian actually witnessed the accident. The state failed to provide testimony regarding the time of the accident or when the civilian arrived on scene.
Result The motion was granted and the state dropped the DUI.

1/20/2010 Case #08-03557MM10A Judge Lazarus

Facts The defendant was stopped for speeding. The officer immediately observed an open 18 pack of bud light in the car with a green cup filled with beer. The officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer then called for another deputy to perform the field sobriety tests. After failing to touch heel to toe on the walk and turn test as well as dropping his foot 4 times on the one leg stand, the defendant was arrested for DUI. Upon arrest, the first officer discovered 2 pill bottles in the vehicle. At the breath alcohol testing center the defendant performed the field sobriety tests again on video.
Defense The defense announced ready for trial based on the performance of the sobriety tests on video which contradicted the officers observations at the scene. In addition, the officers could not identify the substances inside the pill bottles.
Result The State dropped the DUI on the morning of trial.

1/19/2010 Case #5297-XDQ Judge Ortiz

Facts The defendant was involved in a rear-end collision in which she was at fault. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had a hard time standing upright. The defendant could not perform any roadside tests up to standards due to her high level of intoxication. After her arrest for DUI, she refused the breath test. She was also arrested for resisting an officer without violence for not allowing the officers to cuff her and criminal mischief for kicking the patrol car.
Defense The State could not place the defendant in actual physical control of the car on the morning of trial.
Result The State Dropped the DUI and dismissed the other two charges.

1/11/2010 Case #09-023257MM10A Judge Seidman

Facts The defendant was allegedly the "at fault" driver in a 5 car accident. The defendant was accused of hitting a series of vehicles which were stopped at a red light. Both fire rescue and officers noticed a strong odor of alcohol. In addition, they observed slurred speech and the defendant appeared drowsy. She was subsequently taken to the hospital. The defendant was read her Miranda rights and she stated that she didn't recall being involved in an accident. She then stated that she consumed maker's mark as well as some frozen drinks. The officer stated that he could not determine the defendant's address due to the high level of impairment. The defendant subsequently consented to a blood draw. The result was allegedly a .09 blood alcohol level.
Defense The state failed to file the DUI charge for 88 days. On the 91st day the defense filed a "notice of expiration of speedy trial" which gives the prosecutor 15 days to bring this case to trial. The defense was provided with police reports and a witness list. The police reports made reference to witnesses who observed he defendant, but failed to identify many of their names. On the morning of trial the Judge found this to be a violation and continued the case past the 15 day window for trial.
Result The State dropped the DUI after the above hearing.

1/11/2010 Case #2009-CT-003603 Judge Steele

Facts The defendant was stopped for weaving all over the road as observed by the police and other drivers. The officer noticed a very mild odor of alcohol, she leaned against the car for support, and almost fell over to the ground. Her eyes were glassy and she had slurred/mumbled speech. The defendant started to perform the roadside tests but almost fell over and they were stopped for her safety. She was arrested for DUI. The officers believed she was impaired by a chemical and/or controlled substance, not alcohol.
Defense The State could not prove by which specific chemical or controlled substance she was impaired by pursuant to Florida Statutes.
Result The DUI was Dismissed.

1/5/2010 Case #09-115MM10A Judge Ross

Facts The defendant was found by the police in a vehicle that was smoking from the engine. He was in the driver's seat, the keys were in the ignition, and he was slumped over the wheel/ passed out. Upon awaking the defendant, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stumbled out of the car and almost fell over. The defendant refused the roadside tests and was arrested for DUI. He then refused a breath test.
Defense The defense pointed out to the state that at the time the defendant was in the car it was not operable.
Result THE STATE DROPPED THE DUI on the morning of the trial.

1/4/2010 Case #2009-CT-016461 Judge Cheek

Facts The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes, and he fumbled with his paperwork. He admitted to drinking wine. According to the officer, he failed the field sobriety tests and was arrested for DUI.
Defense The defense was prepared for trial.
Result THE DUI WAS DISMISSED.

12/16/2009 Case #2009-CT-013048AXXX Judge Bosso-Pardo

Facts The defendant was stopped after locking up his brakes and skidding into an intersection at a red light. The officer noticed an odor of alcohol, slurred speech, and a heavy Spanish accent. The defendant performed the roadside tests. For example, on the walk and turn, he took twelve steps instead of nine and turned incorrectly. On the one leg stand, he put his foot down and swayed. The defendant spoke very little English and no Spanish speaking officer was called to the scene. After his arrest for DUI, he refused the breath test.
Defense The officer wrote very vague reports about the specifics of the field sobriety tests. Furthermore, the defendant did not understand the majority of the instructions on the tests due to a language barrier.
Result The State Dropped the DUI.

12/9/2009 Case #2009-CT-19218 Judge Drake

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. Due to the defendant's speed (117 mph), he was ordered at gun point off his motorcycle. The defendant stated he had three drinks. He was arrested for DUI without any roadsides being conducted. He then blew a .102 in the breath machine.
Defense Ready for trial.
Result The State Dropped the DUI.

12/7/2009 Case #2939-XAV Judge Miranda

Facts The defendant was stopped for driving illegally through a construction zone. The trooper who conducted the stop observed an odor of alcohol. He conducted roadside tests on the defendant and then called for another DUI officer. That officer also conducted roadside tests on the defendant. He observed bloodshot eyes, an odor of alcohol, and slurred speech. The defendant performed poorly on the additional roadside tests was arrested for DUI and then blew a .142 in the breath machine.
Defense Prior to trial, the initial officer who conducted the stop and conducted the initial roadside tests never wrote a report and could not state what tests were done and how the defendant performed.
Result On the morning of trial and due to the above problem with the stopping officer's lack of recollection, the State Dropped the DUI.

12/7/2009 Case #CT-3997-ELT Judge Lefler

Facts The defendant was stopped for weaving all over the road and driving off the roadway. The defendant fumbled with his paperwork, had slow movements, and had mumbled speech. He performed poorly on the roadside tasks and was arrested for DUI. The officer believed he was impaired by either a chemical or controlled substance. After his arrest, he gave urine which tested positive for Xanax, numerous other prescription medicines, and Oxycodone.
Defense The State could not prove that the defendant was impaired by the specific controlled substances the defendant tested positive for during the time of the traffic stop as required by Florida Law.
Result The State Dropped the DUI.

11/30/2009 Case #2009-CT-003826 Judge Epperson

Facts The defendant was involved in a one car traffic crash. When the police arrived, he was outside of the car. He admitted being involved in the crash. The officers observed the defendant to have an odor of alcohol, stumbling, slurred speech, and bloodshot eyes. The defendant performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .214 and .208 in the breath machine.
Defense The defense filed several pre-trial motions. One was to exclude the field sobriety tests based on misinformation of the law. The other motion was to suppress the defendant's statements based on the accident report privilege. Without those statements, the State would not be able to prove the defendant was driving at the time of the crash.
Result The State agreed with the motions and Dropped the DUI.

11/30/2009 Case #09-CT-000026AXXXMA Judge Tanner

Facts The defendant was involved in a rear end crash. After the crash, he left the scene and was found by police almost two hours later laying in the grass. The officers observed an odor of alcohol, slurred speech, and was unsteady on his feet. He admitted to being involved in the crash, fleeing the scene, being impaired, and drinking a bottle of alcohol. He failed all the roadside tests and was arrested for DUI. After his arrest, he blew a .183 and .187 in the breath machine.
Defense The defense took sworn pre-trial depositions of the witnesses. All the witnesses gave contradictory statements. Further, the defense then filed several pre-trial motions to exclude the defendant's statements including a motion to suppress under the doctrine of Corpus Delicti. We alleged in that particular motion that without the statements being admitted, the State could not prove the defendant was driving or in actual physical control.
Result The State Dropped the DUI prior to the motions being heard.

11/30/2009 Case #4398-FGR Judge Seraphin

Facts The defendant was stopped for driving west bound in the east bound lane. The defendant had bloodshot eyes and a flushed face. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, she put her foot down four times. On the finger to nose, she missed the tip of her nose, used the wrong hand, and did not remove her finger. She was arrested on the belief she was impaired by a chemical or controlled substance.
Defense The State could not prove by which specific substance she was impaired pursuant to Florida Law.
Result The State Dropped the DUI.

11/18/2009 Case #CT-003142-FTB Judge Dominguez

Facts The defendant was stopped for failing to maintain a single lane (ie. driving up on a curb) and driving at a high rate of speed. The officer observed an odor of alcohol, confused speech, and watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. The officer concluded the defendant was impaired by a chemical or controlled substance, not alcohol. He was then arrested for DUI.
Defense The State could not prove by which specific chemical or controlled substance the defendant was impaired by as required by Florida Statutes.
Result The DUI was Dismissed.

11/13/2009 Case #CT-006378-XAM Judge Lefler

Facts The defendant was stopped for going 90 miles per hour in a 45 mile per hour zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant admitted to drinking two beers and a shot. He was arrested for DUI and subsequently blew a .126 and .121 in the breath machine.
Defense The defendant's alleged level of impairment according to the officer on the roadside tests and defendant's actions at the scene contradicted the breath alcohol level. Thus, the defense was ready for trial.
Result The State Dropped the DUI.

11/6/2009 Case #2008-CT-008021 Judge Miller

Facts The defendant was stopped for striking a curb, swerving, and driving to slow. The officer observed an odor of alcohol, bloodshot eyes, and she stumbled as she walked. She performed poorly on the roadsides tests and was arrested for DUI. After her arrest, she blew a .148 in the breath machine.
Defense The defense was prepared for trial.
Result The DUI was Dismissed.

11/6/2009 Case #2009-CT-035931AXXX Judge Murphy

Facts The defendant was stopped for failing to maintain a single lane and speeding. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant performed the roadside tests at the request of the officer which were video taped. According to the officer the defendant performed poorly and was arrested for DUI. After his arrest, he blew a .108 and .105 in the breath machine.
Defense The defense filed a motion to suppress the breath test results. On video, the officer misinformed the defendant about the consequences of refusing the breath test versus taking the breath test. The State conceded our motion due to applicable Florida case law. Ready for trial.
Result The State dropped the DUI.

11/4/2009 Case #2009-CM-017152 Judge Lefler

Facts The defendant was stopped for making an improper turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests which were video taped. According to the officer, he performed poorly and was arrested for DUI. Numerous beers were found in the defendant's car. After his arrest, he blew a .091 and .090 in the breath machine.
Defense Due to the numerous conflicts in the officer's reports versus the video tape regarding the defendant's alleged impairment, the defense was prepared to go to trial.
Result The State Dropped the DUI.

11/4/2009 Case #09-CT-014423AXX Judge Bonavita

Facts The defendant was found in his vehicle by the police parked on a sidewalk. He was passed out behind the wheel. The lights were on, but the keys were on the passenger seat. When the officer finally awoke the defendant after several minutes, he noticed an odor of alcohol and slurred speech. The defendant stated he had many drinks and thought he was actually on the Sawgrass Expressway. The defendant was asked to step out of the car and was unsteady, incoherent, and had trouble standing. He refused the roadside tests and was arrested for DUI.
Defense The State could not prove the defendant was in actual physical control of the car.
Result Moments before picking a jury, the State Dropped the DUI.

10/29/2009 Case #08-019731MM10A Judge Cowart

Facts The defendant failed to stop at a stop sign and almost collided with a police officer. The officer observed a strong odor of alcohol and the defendant was asked to exit the car. The defendant told the officer that she had a long island ice tea and the officer would be sorry. The defendant performed a series of field sobriety tests. On the walk and turn test she counted improperly and failed to stay on the line during the heel to toe portion of the test. On the one leg stand test she complained that her hip was hurting and it was discontinued. The defendant was arrested for DUI and blew a .131 in the breath machine.
Defense On video, the officers explained that if the defendant took a breath test she would be eligible to apply for a work permit. The police never discussed the possibility of a work permit if she refused. The defense argued in a motion to suppress that the defendant was coerced into taking a breath test.
Result The Judge agreed and threw out the breath test. The State subsequently dropped the DUI.

10/23/2009 Case #07-027271MM10A Judge Robinson

Facts The defendant was stopped while driving through a multi-jurisdictional DUI checkpoint. The initial officer who made contact with her observed a strong odor of alcohol and glassy bloodshot eyes. The DUI officer also noticed a flushed face as well as slurred speech. She then admitted that she was at a club and had three drinks. She performed three field sobriety tests. On the HGN (eye test), the officer observed jerking in the defendant's eyes. On the one leg stand, the defendant placed her foot down four different times. On the walk and turn test the defendant failed to walk heel to toe in a straight line. The defendant was arrested for DUI and blew a .083 in the breath machine.
Defense Every DUI checkpoint is required to have a pre-written set of guidelines that limit the discretion of the officers concerning who they can pull over. A motion to suppress was argued based on the insufficient written guidelines in the case.
Result The motion was granted and all of the evidence was thrown out. The State took an appeal. The appeal was subsequently dismissed and the DUI was dismissed.

10/22/2009 Case #09-MM-450 Judge Green

Facts The defendant was involved in a one car traffic crash. The car became airborne and struck several trees. The defendant was ejected from the car and the other two people in the car were outside the car when paramedics arrived. They, as well as the defendant, were transported to the hospital. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He admitted drinking while playing golf. Blood was drawn from the defendant which revealed a blood alcohol level of .21.
Defense The State could not place the defendant in actual physical control of the car at the time of the crash.
Result The DUI was Dismissed.

10/22/2009 Case #2009-06705MMAWS Judge Marshall

Facts The defendant was stopped for driving to slow and swerving. The officer observed an odor of alcohol and he fumbled with his paperwork. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, he put his foot down, swayed, and used his arms for balance. On the walk and turn, he paused to regain his balance, took the incorrect number of steps, and stepped off the line. He was then arrested for DUI.
Defense Ready for trial.
Result The State Dropped the DUI.

10/21/2009 Case #2009-CM-003275 Judge Lefler

Facts The defendant was stopped after almost nearly colliding with the center median. The officer observed an odor of alcohol and bloodshot eyes. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .171 in the breath machine.
Defense Prior to trial, the defense filed a motion to dismiss for destruction of evidence. The defense had learned the video had been either destroyed and/or never uploaded to the computer system.
Result Prior to the motion hearing, the State dropped the DUI.

10/20/2009 Case #2008-CT-012759AXX (JURY TRIAL) Judge Bonavita

Facts The defendant was stopped for swerving badly within his lane, drifting across the lane dividers, and making quick lane changes over the course of close to 1 3/4 miles. Once stopped, the officers observed an odor of alcohol, red eyes, and slurred/mumbled/sluggish speech. He admitted to having a wine and one scotch and water. The officers observed the defendant to be off balance as he was swaying from front to back and he almost fell after dropping his cell phone. The defendant refused to do the roadside tests after repeatedly asking for a lawyer. After his arrest for DUI, he refused the breath test at the breath testing facility where he again he asked for an attorney.
Defense At trial, the defense brought out numerous conflicts in the two officers' testimony on cross examanination. Also, the defendant and his passenger in the car that night testified in contradiction to the officers.
Result The Jury found the defendant NOT GUILTY.

10/19/2009 Case #08-028554MM10A Judge Ross

Facts The arresting officer responded to a shopping mall in reference to a heavily intoxicated male. Upon arrival, the officer made contact with an individual who advised what the defendant was wearing, the type of vehicle he drove and that he was unable to keep his balance on the way to his vehicle. He also advised the officer that it looked as if the defendant hit a parked car while exiting the mall. The officer was advised by police radio that fire rescue was following the defendant and eventually blocked him from moving. When the officer arrived, he exited his vehicle and confirmed that this was the same vehicle and it had fresh paint damage as a result of an accident. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face, slurred speech and extreme unsteadiness. The defendant performed poorly on the walk and turn, finger to nose and rhomberg balance test. He was arrested for DUI. This was his 2nd DUI.
Defense The defense filed a motion based on an unlawful seizure. The firm argued that the officer never confirmed that the vehicle was involved in the accident until after the defendant was pulled over. At the motion to suppress, the officer testified that he confirmed all of the innocent details including the type of car, license plate and direction of travel. However, the officer was unable to confirm any details that would lead the officer to believe that the defendant was involved in an accident or intoxicated until after he was blocked from moving.
Result The Judge Granted the motion. The DUI was dismissed.

10/15/2009 Case #09-505491-CT Judge Gagliardi

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. The defendant was "unsure" of her footing when she exited the car. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she used her arms, did not count aloud, and missed heel to toe. On the one leg stand, she placed her foot down and used her arms for balance. There was no video of the incident. She was then arrested for DUI.
Defense Ready for trial.
Result The State Dropped the DUI.

10/14/2009 Case #CT-002135-XDY Judge Mcneil

Facts The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant stated he had two beers. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant put his foot down and used his arms for balance. On the walk and turn, he did not touch heel to toe and lost his balance on the turn. According to the officer, he also did not perform up to standards on the alphabet and finger to nose tests. After his arrest for DUI, he refused the breath test.
Defense The defense pointed out to the State that none of the defendant's "normal faculties" were not impaired. Ready for trial.
Result The State Dropped the DUI.

10/14/2009 Case #CT-002125-XDY Judge Mcneil

Facts The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having three beers. According to the officer, he performed very poorly on the roadside tests which were video taped. He was then arrested for DUI.
Defense The video tape had no sound, was blurry, and placed in a bad position when the defendant was performing the tests. The defense brought this to the State's attention prior to filing any motions to dismiss.
Result The State dropped the DUI.

10/13/2009 Case #CT-000614-XCM Judge Conrad

Facts The defendant was stopped because of an alleged disturbance in a bar/restaurant. The police stopped the defendant and observed an odor of alcohol, slurred speech, and water/glassy eyes. The defendant told police he drank three whiskey type drinks. According to police, he performed poorly on the roadside tests which were taped. He was then arrested for DUI.
Defense There were questions relating to the truthfulness of the reasons for the initial call to police about the disturbance. Thus, the lawfulness of the initial stop of the defendant's car was called in question.
Result The State Dropped the DUI.

10/12/2009 Case #CT-000327-XCM Judge Lefler

Facts The defendant was stopped by the police after witnesses called the police that the defendant was driving all over the road and almost crashing into traffic. An officer spotted the defendant and observed the defendant weaving and almost striking a concrete barrier. He then made a traffic stop. The officer, as well as the DUI unit called to the scene, observed an odor of alcohol, slurred speech, and bloodshot eyes. The DUI unit performed the HGN (eye test) and observed an angle of onset prior to 45 degrees and a lack of smooth pursuit in the defendant's eyes. He refused to perform any other exercises and was arrested for DUI. After his arrest, he tried to blow in the breath machine and give breath samples but the machine would not register valid/reliable samples. The police called it a refusal.
Defense Since there was no video tape of the driving pattern, the scene, or of the breath test itself, there was no physical evidence to substantiate the officer's observations. Thus, the defense was prepared for trial.
Result The State Dropped the DUI.

10/6/2009 Case #09-2918CFAES (JURY TRIAL) Judge Siracusa

Facts The defendant was stopped for speeding and running a stop sign. The officer who made the stop observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer made similar observations in addition to slurred speech. The defendant allegedly swayed, had balance problems, and staggered when he walked. He could not keep his balance during the instructional phase of the walk and turn test and the exercise was discontinued. The defendant refused the rest of the tests and was arrested for DUI. He then refused the breath test. This was the defendant's Fourth DUI and he was charged with Felony DUI.
Defense The defense took sworn pre-trial depostions of the two officers. At trial, the officers contradicted their respective reports, depositions, and trial testimony. Further, the defendant testified as to his side of the story which contradicted both the officers.
Result The Jury found the defendant Not Guilty.

10/5/2009 Case #5078-XED Judge Newman

Facts The defendant was involved in a crash whereby he backed into another car. The officers noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He performed poorly on the roadside tests, admitted to drinking beer, and was arrested for DUI. After his arrest, he blew a .202 and .192 in the breath machine.
Defense The State could not place the defendant in actual physical control of the motor vehicle.
Result The State Dropped the DUI.

9/30/2009 Case #08-019477MM10A Judge Robinson

Facts The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the roadside tests. For example, on the walk and turn, the defendant stepped off the line and used her arms for balance. On the one leg stand, the defendant put her foot down and used her arms for balance. After her arrest for DUI, she refused the breath test.
Defense Due to numerous physical limitations and prior injuries, the defendant was incapable of performing the tests. She had scars which were clearly visible to prove the injuries occurred.
Result On the morning of jury trial, the State Dropped the DUI.

9/25/2009 Case #08-019731MM10A Judge Cowart

Facts The defendant was stopped for running a stop sign and failing to yield right of way to a police car. The officer observed an odor of alcohol and requested the defendant to perform field sobriety tests. She performed the one leg stand and was unsteady throughout the exercise. On the walk and turn, she stepped off of the line and counted her steps incorrectly. She was arrested for DUI and blew a .131 in the breath machine.
Defense The firm filed a motion to suppress the breath test based on coercion. Specifically, the client was told she could apply for a permit if she took the breath test, but the officer remained silent about the possibility of a permit if she refused.
Result The Court Granted the motion. The breath test was excluded from evidence.

9/25/2009 Case #08-019226CF10A Judge Levenson

Facts The defendant was involved in a front end crash with a tree. An off duty officer ran outside and noticed the defendant behind the wheel with the engine running. He observed signs of intoxication and advised the defendant to remain in his vehicle while the officer retrieved his police radio from his house. The defendant (who lived 5 houses from the officer) left the scene and went home. After getting permission from the defendant's wife to enter the residence, the officers found the defendant buried under his clothing in his closet refusing to get out. Eventually, the defendant was taken outside of the house and he refused all testing. This was a 4TH DUI (felony).
Defense The firm took three depositions (statements) from the deputies on scene. Each statement was entirely inconsistent with the police reports. In addition, the officers were unable to support each others' version of the facts.
Result The State dropped the DUI.

9/23/2009 Case #CT-1093-XCM Judge Courtney

Facts The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He had slow movements and had to be asked things over and over. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he refused the breath test.
Defense The video contradicted the officers reports on all aspects of the defendant's alleged impairment. Ready for trial.
Result The State dropped the DUI.

9/23/2009 Case #CT-6801-XAM Judge Courtney

Facts The defendant was stopped for crossing over the center line four times and stopping past the stop bar. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She stumbled backwards as she stood outside the car. The defendant refused the roadside tests and was arrested for DUI. The entire incident was video taped.
Defense During a pre-trial investigation, the defense learned the video had been destroyed.
Result Prior to filing a motion to dismiss for destruction of evidence (ie. the video tape), the State Dropped the DUI.

9/15/2009 Case #CT-2259-XDY Judge Conrad

Facts The defendant was stopped or speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were video taped. On the walk and turn, the defendant lost his balance during the instructions, stepped off the line, and did not touch heel to toe. On the one leg stand, he put his foot down and swayed. He also did not perform to standards the finger to nose and balance tests according to the officer. He was arrested for DUI and then refused the breath test.
Defense The video tape contradicted the officer's reports as to the defendant's level of impairment.
Result The State Dropped the DUI.

9/14/2009 Case #7794-XEJ (JURY TRIAL) Judge Bloom

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot eyes. He then called for a DUI officer. That officer made similar observations and then asked the defendant to perform the roadside tasks to which the defendant complied. For example, on the walk and turn, he did not touch heel to toe, paused to regain his balance, and started to early. On the one leg stand, he swayed, hopped, and raised his arms for balance. On the estimation of time, he estimated 45 seconds for 30 seconds. After his arrest for DUI, he blew a .091 and .105 in the breath machine.
Defense At trial, the defense pointed out to the jury through cross examination that the defendant's "normal faculties" were not impaired. The defense also argued the State did not prove that the defendant was "driving" with an unlawful breath alcohol as required by Florida law.
Result The Jury found the defendant NOT GUILTY.

9/11/2009 Case #08-014310MM10A Judge Lazarus

Facts The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and the defendant stated he had a few drinks. The defendant performed very poorly on the roadside tests almost falling down. He was then arrested for DUI and subsequently blew a .160 and .149 in the breath machine.
Defense The defense filed a pre-trial motion to suppress the lawfulness of the stop of the defendant's car. In our motion, we alleged there was no sign indicating one cannot turn in that location where the defendant allegedly committed the infraction. The defense brought in pictures of the area to the motion to show the court.
Result The Judge granted the motion and threw out all of the evidence. The State then Dismissed the DUI.

9/9/2009 Case #CT-0531-XCM Judge Courtney

Facts The defendant was stopped for running a red light. This was captured on video tape as was the entire incident. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests for the officer as requested. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn, he lost his balance on the turn, took the incorrect number of steps, and failed to maintain his balance during the instructions. He was then arrested for DUI.
Defense The defense pointed out to the State that on the video tape there were very windy conditions which were clearly affecting the defendant perform the tasks.
Result The State Dropped the DUI.

9/3/2009 Case #2009-CT-6032 (JURY TRIAL) Judge Moran

Facts The defendant was stopped for driving the wrong way, cutting across three lanes of traffic, and almost causing a collision. The officer observed an odor of alcohol, bloodshot eyes, lethargic movements, and slurred speech. The defendant performed poorly on roadside tests according to the officer. The defendant stated on video that he had a total of between 5-7 drinks. He also told the officer he had too much to drink and that is why he did not drive earlier. He was arrested for DUI and then refused the breath test. This was the defendant's second DUI.
Defense At trial, the defense pointed out to the jury that the defendant's "normal faculties" were not impaired as shown on the video tape. Also, the defense impeached the arresting officer a few times. Furthermore, the defendant testified as to his side of the story and explained his statements on video tape.
Result The Jury found the defendant NOT GUILTY.

9/2/2009 Case #CT-1011-XCM Judge Courtney

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant was unsteady on his feet. He refused to perform the roadside tests and was arrested for DUI. He then refused the breath test.
Defense Ready for trial.
Result The State Dropped the DUI.

8/24/2009 Case #2009-CT-006143AXXX Judge Derke

Facts The officer stopped the defendant after receiving a call about a disturbance in a lounge. The officer previously observed the defendant staggering to his car. After the stop, the officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused the roadsides and was arrested for DUI. This was the defendant's Third DUI offense.
Defense Ready for trial.
Result Prior to trial, the State Dropped the DUI.

8/19/2009 Case #CT-3325-XCO Judge McNeil

Facts The defendant was stopped for speeding and drifting in and out of his lane of travel. The officer observed an odor of alcohol, watery eyes, and he fumbled with his driver's license. Upon exiting the car, he was unsteady on his feet. He performed the roadside tests at the request of the officer. For example, on the walk and turn, he did not touch heel to toe, stepped off the line, and turned incorrectly. On the one leg stand, he swayed and used his arms for balance. The entire incident at the scene was video taped. The defendant was subsequently arrested for DUI and this was his second DUI.
Defense The video tape contradicted the defendant's alleged impairment level as written by the officer in his reports. The defense was ready for trial.
Result The State Dropped the DUI.

8/17/2009 Case #9374-XEC Judge Fernandez

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. An open beer can was found in the car. The defendant performed the field sobriety tests as requested. For example, on the walk and turn, he stepped off the line and failed to touch heel to toe. On the one leg stand, he put his foot down, raised his arms, and swayed. After his arrest for DUI, he refused the breath test.
Defense The defense announced ready for trial. There were two defense witnesses in the car who were going to dispute the officer's observations, the defendant's alleged performance on the roadside tests, and state the defendant was not impaired.
Result The State Dropped the DUI on the morning of trial.

7/30/2009 Case #2009-MM-589-A-K Judge Fowler

Facts The defendant was stopped for speeding. The officer observed the defendant to be disoriented, have slurred speech, and an odor of alcohol. The defendant stated he drank 5-6 beers and should not be driving. The defendant was off balance and performed very poorly on the roadside tests. The entire incident was video taped. After his arrest, he refused the breath test.
Defense During discovery, the defense learned the video had been destroyed. The defense prepared to file a motion to dismiss for destruction of evidence.
Result Prior to ever filing the motion to dismiss, the State Dropped the DUI.

7/22/2009 Case #48-09-CT-0000470-0 (JURY TRIAL) Judge Ansbro

Facts The defendant was found passed out in his car by police. Fire rescue arrived to assess the defendant's condition. The officers noticed an odor of alcohol, speech incomprehensible, and glassy eyes. He stumbled when he finally was awoken and got out of the car. The defendant performed the roadside tasks. For example, on the walk and turn, he lost his balance, raised his arms, and almost fell. On the one leg stand, he used his arms, counted wrong, and put his foot down. After his arrest for DUI, he blew a .149 in the breath machine.
Defense The defense argued at jury trial that a person who is passed out has no "capability" to operate a motor vehicle.
Result After Jury deliberations, the State Dropped the DUI.

7/17/2009 Case #2008-CT-031277AXX Judge Bonavita

Facts The defendant was stopped after a call alerted police that a fight had allegedly occurred between the defendant and a female. The officers noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant stated he had two drinks. He then performed the roadside tasks as requested. For example on the one leg stand, he almost fell over, hopped, and used his arms for balance. On the walk and turn, he stepped off the line, failed to touch heel to toe, and used his arms for balance. After failing all of them, he was arrested for DUI and then refused the breath test.
Defense A pre-trial deposition was taken of the arresting officer by the defense. According to the officer, the incident should have been video taped but was not due to mechanical problems uploading the software. In deposition, he could not state with any specificity the details of the roadside tests.
Result The State dropped the DUI.

7/14/2009 Case #08-009919CF10A Judge Levenson

Facts The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and the defendant swaying. The defendant refused the roadside tests and the breath test. This was the defendant's third offense and he was charged with Felony DUI.
Defense Ready for Jury Trial.
Result On the morning of trial, the State Dropped the Felony DUI.

7/9/2009 Case #09-CT-391 Judge Burgess

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and unsteadiness. While exiting the car, the defendant stated he had two rum drinks. The defendant performed the roadside tasks at the request of the officer. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .178 in the breath machine.
Defense Ready for trial.
Result The State Dropped the DUI.

6/29/2009 Case #1062-XED Judge Fernandez

Facts The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadsides according to the officer. For example, on the one leg stand, he put his foot down and swayed. On the walk and turn, he stepped off the line, failed to touch heel to toe, and did not turn correctly. After his arrest for DUI, he blew a .146 in the breath machine.
Defense Ready for trial.
Result The DUI was Dismissed due to the Statute of Limitations.

6/24/2009 Case #05-018177MM10A (JURY TRIAL) Judge Berman

Facts The defendant was stopped for cutting off two cars and weaving. The officer noticed an odor of alcohol, bloodshot eyes, a flushed face, and slurred speech. The defendant stumbled exiting his car. The defendant performed the field sobriety tests. For example, on the walk and turn, he took 13 steps in one direction and 20 in the other after being instructed to take nine steps. On the finger to nose, the defendant was completely confused how to perform the test. He was arrested for DUI and then refused the breath test.
Defense Ready for Jury Trial.
Result After jury selection, the State Dropped the DUI.

6/24/2009 Case #98-004259MM10A Judge Lerner-Wren

Facts The defendant was stopped based on a call about a domestic dispute. The officer observed an odor of alcohol, unsteadiness, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant used his arms for balance, put his foot down, and swayed. On the walk and turn, the defendant did not touch heel to toe and counted improperly. He was arrested for DUI and refused the breath test.
Defense The officer could not recall any specifics about the roadsides or the basis of the traffic stop. The defense announced ready for trial.
Result The DUI was Dismissed.

6/23/2009 Case #359635-X (JURY TRIAL) Judge Ortiz

Facts The defendant was stopped for sleeping in a drive through at a McDonalds. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she was swaying as she stood. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew .083 and .082 in the breath machine.
Defense Ready for Jury Trial.
Result In the middle of jury selection, the State Dropped the DUI.

6/22/2009 Case #08-012914MM10A (JURY TRIAL) Judge Lerner-Wren

Facts The defendant was stopped for speeding and stopping in the middle of an intersection. The officer observed an odor of alcohol and bloodshot eyes. He performed the roadside tests at the request of the officer which were video taped. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
Defense At jury trial, the defense pointed out to the jury that none of the defendant's "normal faculties" were impaired.
Result The Jury found the defendant Not Guilty in less than fifteen minutes.

6/22/2009 Case #3338-FLB Judge Ortiz

Facts The defendant was involved in a crash in which he hit a tree after cutting off another car. When officers arrived, they observed an odor of alcohol mumbled/slurred speech, and bloodshot eyes. The defendant failed the field sobriety tests according to the officer and was arrested for DUI. For example, he could only reach the number eight on the one leg stand and lost his balance. On the walk and turn, he stepped off the line and did not touch heel to toe. After his arrest, he blew a .155 and .147 in the breath machine.
Defense The defense filed a pre-trial motion to suppress the breath test results. In our motion, we alleged the State did not meet the FDLE requirements for valid breath samples since the second control test was out of the required allowable range.
Result Prior to the motion hearing, the State Dropped the DUI.

6/22/2009 Case #8050-XEJ Judge Bloom

Facts The defendant was stopped for speeding and weaving. The officer observed and odor of alcohol, bloodshot eyes, and he was unsteady exiting the car. He performed poorly on the roadside tests. For example, on the one leg stand, it was stopped for his safety and on the walk an turn, he stepped off the line, took an incorrect number of steps, and could not hold the instructional stance. After his arrest for DUI, he blew .141 in the breath machine.
Defense Ready for trial.
Result The State Dropped the DUI on the morning of trial.

6/17/2009 Case #CT-OO144-XCG Judge McNeil

Facts The defendant was found passed out in her car in a parking lot. She had vomit all over herself. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She was swaying when outside the car, had difficulty exiting the car, and was slow to respond to the officer's commands. She refused the roadside tests and the breath test.
Defense A person who is asleep in their car has no "capability" to operate the vehicle.
Result The State Dropped the DUI.

6/15/2009 Case #07-022808MM10A Judge Diaz

Facts The defendant was involved in a crash in which she hit a mail box. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. She failed the walk and turn and one leg stand and was arrested for DUI. The defendant also admitted to taking Xanax and Lexapro on the day in question. After her arrest, she refused the breath test.
Defense The State could not place the defendant in actual physical control of the car at the time of the crash.
Result The State dropped the DUI.

6/15/2009 Case #9069-XEJ Judge Arzola

Facts The defendant was stopped for running a stop sign, weaving, and almost hitting a parked car. The officer noticed an odor of alcohol, slurred speech, and she held onto the door for balance. She could not perform any of the roadside tests without losing her balance. After her arrest for DUI, she blew a .173 in the breath machine.
Defense The defense learned through an independent investigation that the arresting officer was under an internal suspension.
Result The State Dropped the DUI.

6/15/2009 Case #0695-XAZ Judge Seraphin

Facts The defendant was stopped for driving through a crash scene which was being investigated by police and she almost hit someone. Upon contact, the officers noticed an odor of alcohol, bloodshot eyes, and slow speech. She failed all the field sobriety tests according to the officer. After her arrest for DUI, she blew a .098 in the breath machine.
Defense On the morning of trial, the arresting officer could not recall any specific details about any of the roadside tests.
Result The State Dropped the DUI.

6/12/2009 Case #2008-CT-029970AXX Judge Bonavita

Facts The defendant was stopped for swerving and nearly striking another car. The officer noticed an odor of alcohol, bloodshot eyes, and slow/slurred speech. The defendant stated she could not do the roadside tests due to a foot injury. The officer stated in his reports that he never observed any problems with her. He arrested her for DUI and took her to the hospital to get checked out as a pre-cautionary measure. There, he asked for her a blood test and she refused.
Defense The defense provided medical documentation from the night in question to the State that the defendant's foot was actually fractured and that she was not faking it as the officer first thought.
Result The State Dropped the DUI.

6/11/2009 Case #08-012530MM10A Judge Ireland

Facts The defendant was found passed out in her car by police. EMS had to wake her up. The officers observed an odor of alcohol and vomit on her front passenger seat. She also stated she drank two shots of bourbon. She was transported to the hospital for clearance. She performed the field sobriety tests at the hospital which she failed all of them. For example, on the walk and turn, she took 24 steps up the line and 23 back instead of the required 9 steps. She also stepped off the line and lost her balance. She subsequently refused the breath test after being released from the hospital.
Defense The defense filed several pre-trial motions to suppress all the evidence in the case. For example, one motion was to exclude her refusal to take the breath test and another motion was to suppress the field sobriety tests.
Result On the day of the motion hearing, the State Dropped the DUI.

6/11/2009 Case #08-7749MM10A Judge Cowart

Facts The defendant was sleeping inside a vehicle in the middle of the road. The light cycled several times and the officers approached the car in an effort to wake up the driver. The officers observed an odor of alcohol, bloodshot eyes and slurred speech. On scene, the defendant performed the field sobriety tests, but they were not on video. After performing the one leg stand and walk and turn test she was arrested for DUI. At the jail, she performed the tests. There was a slight discrepancy between the video and the performance at the roadside scene.
Defense Based on the discrepancy between the video versus the officer's version of her performance at the scene, the defense advised the defendant to proceed to trial.
Result The State dropped the DUI.

6/9/2009 Case #08-14310MM10A Judge Lazarus

Facts The defendant was stopped for making an illegal u-turn as well as fishtailing for 5 seconds. The officer observed an odor of alcohol, bloodshot glassy eyes and slurred speech. The defendant stated he had a few drinks and agreed to perform field sobriety tests. He subsequently failed the finger to nose, walk and turn test and the HGN (eye test). He allegedly failed all three and was arrested for DUI. He then blew a .160 in the breathalyzer.
Defense The defense filed a motion to suppress based on an unlawful stop. At the hearing, the deputy testified that he saw my client make the turn because he was directly behind him. However, in earlier testimony, he stated he was coming towards my client from the opposite direction. He also testified that my client made the turn immediately after the taco bell. However, in a previous statement that the firm took, the deputy testified that the turn was made next to a car wash. At the hearing, the defense presented photos indicating that there was no u-turn sign next to the car wash. Finally, caselaw states that fishtailing cannot be the sole basis to stop a vehicle if no traffic is affected.
Result The motion was granted. All of the evidence was thrown out.

6/9/2009 Case #48-2007-CT-1332A Judge Clark

Facts The defendant was stopped for weaving and driving up on a curb. The officer noticed an odor of alcohol, the defendant had trouble locating his license, and glassy eyes. The defendant performed the roadside tests. For example, on the walk and turn, he could not hold the instructional stance, stepped off the line, and used his car to regain his balance. After all the roadsides were performed, he was arrested for DUI and then blew .135 in the breath machine.
Defense Ready for trial.
Result On the morning of trial, the DUI was Dismissed.

6/8/2009 Case #CT-8314-XAM Judge Lefler

Facts The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, glassy eyes, and she appeared disoriented. She performed the field sobriety tests at the request of the officer which were video taped. According to the officer, she failed and was arrested for DUI. After her arrest, she blew a .087 in the breath machine.
Defense Ready for trial.
Result The State Dropped the DUI.

6/8/2009 Case #6997-XDG Judge Fernandez

Facts The defendant was involved in a crash in which she failed to yield. The officers observed an odor of alcohol, slurred speech, and watery eyes. Every roadside test was stopped for her safety because she was so off balance and almost falling down. After her arrest for DUI, she blew a .212 in the breath machine.
Defense The State could not place the defendant in actual physical control of the car on the morning of trial.
Result The State dropped the DUI.

6/8/2009 Case #341771-W Judge Fernandez

Facts The defendant was stopped for speeding. The officers observed an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance getting out of the car. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. For example, on the one leg stand, he put his foot down, swayed, and raised his arms. On the finger to nose, he never touched his nose. After his arrest, he refused the breath test.
Defense Prior to trial, the arresting officer had stated he had no recollection of any specifics of the roadside tests.
Result The DUI was Dismissed.

6/5/2009 Case #2009-MM-3488 Judge Herr

Facts The defendant was stopped for striking a curb and speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and slow movements. She also held onto the car for support. She performed the roadside tests at the request of the officer. According to the officer, she failed and was arrested for DUI. She then refused the breath test.
Defense There was no sound on the video to show her speech pattern at he station and the defense announced ready for trial.
Result The State Dropped the DUI.

6/4/2009 Case #08-101MM10A Judge Gehl

Facts The defendant was stopped for driving eastbound in the west bound lanes. The defendant also ran a red light. The officer observed an odor of alcohol and glassy eyes. She stated she had three glasses of wine. The defendant refused the roadside tests and the breath test.
Defense The defense filed pre-trial motions to suppress the refusals. In our motions, we alleged that the defendant was not told any adverse consequences as to the refusal to conduct roadsides. As to the refusal to take the breath test, we argued the confusion doctrine.
Result Both motions were granted and the State Dropped the DUI.

6/3/2009 Case #2009-CT-004977AXX (TRIAL) Judge Marx

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed some field sobriety tests at the request of the officer. For example, on the one leg stand, he put his foot down four times and on the alphabet test he stopped at the letter "v". After he was arrested for DUI, he blew a .084 in the breath machine. This was the defendant's second DUI.
Defense At trial, the defense argued that the defendant's "normal faculties" were not impaired and that the State could not prove that the defendant's breath alcohol level was below the legal limit at the time of driving.
Result The defendant was found Not Guilty.

5/20/2009 Case #07-CT-018881AXX (JURY TRIAL) Judge Bosso-Pardo

Facts The defendant was found by the police passed out in his truck parked at a Publix shopping center. When the defendant finally opened the door after a minute of banging by the officer, he had the keys in his hand. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The DUI officer made similar observations, along with the observation of the defendant staggering out of the truck. The defendant performed the field sobriety tests at the request of the officer. According to the officer, he failed and was arrested for DUI. The defendant then agreed to give a breath sample. After trying to blow in the breath machine numerous times, but no reading registered, the police called it a refusal. This was the defendant's second DUI.
Defense At Jury Trial, the defense argued that a person who is sleeping in their vehicle has no "capability" to operate that vehicle. We also argued the State could not prove the that the defendants "normal faculties" were not impaired based on the video tape at the scene of the defendant's roadside tasks.
Result The Jury found the defendant Not Guilty in less than ten minutes.

5/20/2009 Case #09-01761-MMA Judge Herr

Facts The defendant was found passed out in her car by the police in parking lot. They observed the defendant to have an odor of alcohol, glassy eyes, and thick tongued speech. The defendant was confused where she was located, stumbled upon getting out of the car, and swayed while outside the vehicle. She refused the roadside tasks and after her arrest for DUI she blew a .154 in the breath machine.
Defense A person who is sleeping in their car has no "capability" to operate the car.
Result The State dropped the DUI.

5/18/2009 Case #317654-X Judge Fernandez

Facts The defendant was stopped for having no brake lights and alleged improper lane changes. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused to perform the roadside tasks and was arrested for DUI. He then blew a .215 in the breath machine.
Defense The officer could not provide any specifics as to the improper lane changes. Also, since two of the three brake lights were working, there was no violation pursuant to Florida Statutes.
Result The State Dropped the DUI.

5/18/2009 Case #0053-XDK Judge Newman

Facts The defendant was stopped for driving slowly and weaving. The officer noticed an odor of alcohol, glassy eyes, and slow/slurred speech. The defendant performed the field sobriety tests at the request of the officer. For example, on the finger to nose, she did not touch the tip of her nose one time. On the estimation of time test, she only estimated 22 seconds for 30 seconds, used her arms for balance, and swayed. After her arrest for DUI, she refused the breath test.
Defense Ready for trial.
Result Pursuant to the Statute of Limitations, the DUI was Dismissed.

5/13/2009 Case #48-2007-CT-015567-0 Judge Allen

Facts The defendant was stopped for weaving. The officer noticed the defendant had an odor alcohol, fumbled with his paper work, and admitted to having four beers. He performed poorly on the roadside tests according to the officer which were taped. He then blew a .106 in the breath machine.
Defense The video contradicted the defendant's performance as to the specifics of the field sobriety tests and the defense announced ready for trial.
Result The DUI was Dismissed.

5/8/2009 Case #08-003093MM10A Judge Murphy

Facts The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and the defendant stated he had two beers. The defendant performed the field sobriety tests. For example, on the walk and turn, he missed heel to toe, stepped off the line, and did not touch heel to toe. On the one leg stand, he swayed and used his arms for balance. He was arrested for DUI and then blew a .089 in the breath machine.
Defense The video tape contradicted the officer's reports as to the defendant's performance on the field sobriety tests. Also, due to the .02 margin of error on the breath test results, the defense could have taken the breath down to a .069 (under the legal limit).
Result The State dropped the DUI.

5/7/2009 Case #2008-CT-1273TTMA Judge Ritenour

Facts The defendant was stopped for speeding, weaving, and almost hitting a truck. The officer noticed an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant was staggering and unsteady. She refused the field sobriety tests and then refused the breath test.
Defense The defense field a pre-trial motion to dismiss on due process grounds. In our motion we alleged that the arresting officer stated in his reports a video and audio recording was made of the entire incident. However, that video was apparently never created and/or was destroyed by the police.
Result Prior to the motion, the State Dropped the DUI.

5/6/2009 Case #07-024407MM10A Judge Lazarus

Facts The defendant was allegedly driving the wrong way and nearly struck another vehicle that was believed to be driven by an off duty police officer. She then pulled into a parking lot and the car she nearly struck followed her. The off duty police officer blocked her car in and when she tried to leave, she struck his car. He then called the police. The police arrived and noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, very slurred speech, and she was extremely unsteady on her feet. She refused to perform roadside exercises and a breath test.
Defense Through discovery and depositions, the defense discovered that the alleged off duty police officer was fired from his police department about two months before this incident. Also, he lied to the police on the night of the incident by telling them that he was currently an active duty police officer when in fact he was not.
Result The State dropped the DUI due to the lack of credibility of the alleged "off duty officer."

5/4/2009 Case #48-2008-CT-004316-O Judge Brewer

Facts The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had two drinks and fumbled while looking for his driver's license. The defendant was arrested after performing the roadside tasks. He blew a .120 in the breath machine after his arrest for DUI.
Defense Ready for Trial.
Result The DUI was Dismissed.

4/29/2009 Case #2008-CT-006673AXX (JURY TRIAL) Judge Moyle

Facts The defendant was stopped for allegedly weaving three times into the bike lane during a DUI saturation patrol. The officer observed an odor of alcohol and glassy eyes. A DUI officer was called who conducted a DUI investigation. He observed balance problems, an odor of alcohol, and slurred speech. The defendant performed the walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew .10 (over the legal limit) into the breath machine.
Defense At jury trial, the officer who stopped the defendant stated he also observed the defendant weaving within his lane several times. That was not written anywhere. He also testified that he conducted a one leg stand test on the defendant which was not documented in any reports and could not remember how the defendant performed. Furthermore, he did not notice any speech or balance problems which was in conflict with the DUI officer. Additionally, the arresting officer could not testify to any specifics as to the exact instructions given on the field sobriety tests or any details about the defendant's performance. Finally, the defense argued the State could not prove the defendant's breath alcohol level was above the legal limit at the time of driving.
Result The Jury found the defendant Not Guilty.

4/27/2009 Case #6446-XDX Judge Ortiz

Facts The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, slurred/slow speech, and bloodshot/watery eyes. The defendant refused both the field sobriety tests and the breath test.
Defense Ready for trial.
Result The State Dropped the DUI on the morning of trial.

4/24/2009 Case #08-025744MM10A Judge Ross

Facts The defendant was stopped for speeding and drifting within her lane. The officer observed an odor of alcohol, mumbled speech, glassy eyes, and a flushed face. The defendant performed the roadside tasks. For example, on the one leg stand, she lost her balance on number three. On the walk and turn, she started early and did not touch heel to toe. Finally, on the finger to nose, she did not keep her head tilted back and did not keep her feet together. After her arrest for DUI, she refused the breath test.
Defense Ready for Trial.
Result The DUI was Dismissed prior to trial as the video contradicted everything the officer wrote.

4/24/2009 Case #07-025830MM10A Judge Diaz

Facts The defendant was found passed out in his car by the police. The officer observed an odor of alcohol, flushed face, and red eyes. When asked for his drivers license, the defendant gave the officer money. The defendant failed every roadside test and was arrested for DUI. After his arrest, he blew a .221 in the breath machine.
Defense The defendant had no capability to operate his car while he was sleeping. Thus, he was not in actual physical control.
Result The DUI was Dismissed.

4/23/2009 Case #98-033226MM10A Judge Diaz

Facts The defendant was found asleep in his car by the police. The officer noticed an odor of alcohol, mumbled speech, and he was unsteady and staggering on his feet. He failed all the roadside tests. For example, on the walk and turn, he was off balance during the entire exercise. On the one leg stand, he put his foot down and swayed. After his arrest for DUI, he blew a .113 in the breath machine.
Defense A person who is sleeping in their car has no "capability" to operate the motor vehicle.
Result The State dropped the DUI.

4/22/2009 Case #08-007523MM10A Judge Gehl

Facts The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant refused to conduct roadside tasks at the request of the officer. He then refused the breath test.
Defense Ready for jury trial.
Result The State Dismissed the DUI since they would not be able to prove beyond a reasonable doubt that the defendant's "normal faculties were impaired."

4/20/2009 Case #0067-XDK Judge Seraphin

Facts The defendant was stopped for numerous improper lane changes and speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unsteady on his feet. The defendant could not perform any of the roadside tasks according to the officer's reports. He was arrested for DUI and refused the breath test.
Defense The defense took a sworn pre-trial deposition of the officer about the details of the DUI investigation. In depo, the officer stated he could not even remember administering the tests or how the defendant specifically performed.
Result The State read the sworn deposition on the morning of trial and then Dismissed the DUI.

4/20/2009 Case #2571-XDP Judge Bloom

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and watery eyes. He called for a DUI unit to conduct roadside tasks. On the walk and turn, the defendant used his arms for balance, did not touch heel to toe, and lost his balance during the instructions. On the one leg stand, he put his foot down three times and used his arms for balance. He was arrested for DUI.
Defense On the morning of trial, the defense spoke with the stopping officer. At first, he thought he conducted the roadsides and wrote the field sobriety test report. Then he realized he did not. Also,the DUI officer stated in his reports that the defendant had normal speech which contradicted the stopping officer.
Result The State dropped the DUI.

4/14/2009 Case #08-017281MM10A Judge Cowart

Facts The defendant was stopped for blocking traffic and then subsequently speeding. The officer observed an odor of alcohol and slurred/mumbled speech. The officer then stated that the defendant was unsteady while exiting the vehicle. He performed the one leg stand, walk and turn, finger to nose, as well as the HGN (eye test). The defendant was subsequently arrested for DUI.
Defense The firm ordered the deputy's internal affairs file after becoming aware of an ongoing criminal investigation. The deputy was eventually charged with 2 criminal charges.
Result The DUI was dismissed.

4/14/2009 Case #08-6648MM10A Judge Cowart

Facts The defendant was stopped for speeding and making an illegal right turn. The officer initially observed an odor of alcohol and glassy eyes. The officer performed several field sobriety tests and was subsequently arrested for DUI. He subsequently blew a .185 in the breath machine.
Defense The firm filed a pre-trial motion to suppress the field sobriety tests based on coercion.
Result The State dismissed the DUI prior to the motion being heard.

4/14/2009 Case #08-CT-509074 Judge Adams

Facts The defendant was stopped for an having an expired tag. The officer noticed an odor of alcohol, bloodshot eyes. She performed roadside tests at the request of the officer. According to the officer, she did not perform to standards and was arrested for DUI. After her arrest, she refused the breath test.
Defense Prior to trial, the defense presented case law to the State that the defendant was unlawfully detained. We pointed out through case law that having only an expired tag, odor, and bloodshot eyes was not enough to create reasonable suspicion of a crime to believe the defendant was impaired. (only that she was under the influence). Thus, the officer should not have been allowed to continue to detain the defendant and conduct roadside tasks. Therefore, they should be excluded from evidence.
Result Prior to trial, the State agreed and dropped the DUI.

4/13/2009 Case #9003-XEJ Judge Krieger-Martin

Facts The defendant was stopped for almost striking a median and failing to signal which affected an officer who was behind him. The officer observed an odor of alcohol, bloodshot eyes, and a sleepy look. The defendant performed the roadside tasks at the request of the officer. According to the officer, he performed poorly and was arrested for DUI. He then refused the breath test.
Defense Prior to trial, the defense spoke with the arresting officer. After speaking to the officer, we were able to point out to the State that the defendant performed much better than what the officer wrote about the roadside tests.
Result The State dropped the DUI.

4/13/2009 Case #3959-XDK Judge Miranda

Facts The defendant was stopped for failure to yield by pulling out in front of an officer. The officer observed an odor of alcohol, a flushed face, and slurred speech. The defendant refused to do the roadside tests and was arrested for DUI. After his arrest, he took a breath test and blew a .230 (almost three times the legal limit).
Defense The State committed numerous discovery violations by not providing material documents in a timely fashion.
Result The DUI was Dismissed on speedy trial grounds.

4/8/2009 Case #2008-CT-025584AXX (JURY TRIAL) Judge Bosso-Pardo

Facts The defendant was stopped for running a red light and proceeding over railroad tracks as the gate was going up. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to having two red wines. A patrol car with a video camera was called to the scene to tape the defendant's performance on the roadside tasks. On the walk and turn exercise, he could not hold the instructional stance, stepped off the line numerous times, and did not keep his hands by his side. On the one leg stand, the defendant could not perform this task without losing his balance, raising his arms, and putting his foot down several times. He then went on to perform the finger to nose and alphabet tests well. After his arrest for DUI, he refused the breath test. At the station, the officer who was going to administer the breath test, testified he noticed slurred speech, swaying, and a loss of concentration (all of which allegedly occurred prior to the video tape turning on at the station).
Defense At jury trial, the defense argued there was a reasonable doubt due to the "conflict" in the evidence based on the fact that the defendant's very poor performance on the walk and turn and one leg stand tests was contradicted by his performance on the alphabet and finger to nose tests. We also argued the arresting officer's testimony was contradicted by the breath tech's testimony in that the arresting officer did not testify to any swaying, slurred speech, or confusion.
Result The Jury found the defendant Not Guilty.

4/8/2009 Case #2008-MM-0199554AXX Judge Keyser

Facts The defendant was stopped for making a jerky U-turn and allegedly crossing over the white lane markers two times over a short distance. The alleged weaving was captured on video tape along with the rest of the incident. The officer noticed an odor of alcohol, mumbled speech, glassy eyes, and disorientation. Numerous bottles of wine were found in the car. The officer attempted to conduct the field sobriety tasks. The defendant began the walk and turn but could not maintain her balance and said "I am Done." She was then arrested for DUI. This was the defendant's second DUI.
Defense The defense filed a pre-trial motion to suppress. In our motion, we argued the initial stop of the defendant's car was unlawful. At the motion hearing, the officer testified the initial jerky U-turn movement appeared to him that the defendant may have been reaching for something. Also, on video, the defendant never crossed over any lane markers over the short distance like the officer wrote. The judge watched the video, heard the testimony, read the case law, and granted the motion throwing out all the evidence.
Result The State Dismissed the DUI.

3/30/2009 Case #CT-009725-XDK Judge Rice

Facts The defendant was stopped after hitting numerous traffic cones in front of an officer. The officer observed an odor of alcohol, bloodshot eyes, and the defendant appeared unsteady and off balance while standing outside of his car. While refusing to do the roadside tasks, the defendant stated, "I am screwed." He was then arrested for DUI. He later refused the breath test. The whole incident was video taped.
Defense The defense was ready for trial.
Result The State dropped the DUI.

3/30/2009 Case #08-010734MM10A Judge Ireland

Facts The defendant was approached by police officers working an undercover drug operation. The defendant just happened to be passing through that area. They approached her car and told her to provide her driver's license. The officers observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant, who was scared because of all the officers around, refused to get out of the car. She was arrested for DUI.
Defense The defense filed a pre-trial motion to suppress. We alleged that the defendant was unlawfully seized when the officers took her license and would not let her leave.
Result On the morning of trial and the motion to suppress, the State dropped the DUI.

3/23/2009 Case #3872-XDK Judge Ortiz

Facts The defendant was stopped for speeding and failure to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. The defendant refused the roadside tests and the breath test.
Defense The officer did not write one detail about the alleged failure to maintain a single lane. We also pointed out to the State that none of the defendant's "normal faculties were impaired." The defense announced ready for trial.
Result The DUI was Dismissed.

3/17/2009 Case #CT-002342-FTC Judge Thomas

Facts The defendant was stopped for a having a front head light and also a tag light out. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer, the defendant failed the roadsides which included the HGN (eye test), walk and turn, one leg stand, finger to nose, and alphabet tests. The whole incident was video taped. The defendant first admitted to having a few beers, then admitted having six, and finally told the officer he drank eight coronas. He was arrested for DUI.
Defense The officer exaggerated the defendant's level of impairment in the reports versus what can be seen on video tape so the defense announced ready for trial.
Result The State dropped the DUI.

3/16/2009 Case #08-022817MM10A Judge Seidman

Facts The defendant was stopped for speeding. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was asked to perform roadside tests to which he complied. He performed the finger to nose and estimation of time tests. According to the officer, he performed poorly. He was arrested for DUI and refused the breath test. The whole incident was video taped.
Defense On video, the defendant kept telling the officer he had a herniated disc in his back and the officer even let him lean on the car because his back was hurting. The officer did not attempt to conduct the one leg stand and walk and turn tests due to his back injury. The defense announced ready for jury trial because the reports contradicted the video tape and the defendant appeared to be in severe pain on video.
Result The State dropped the DUI on the morning of trial.

3/11/2009 Case #2008-CT-029025AXX Judge Marx

Facts The defendant was involved in a crash in which he rear ended another car. The officer observed an odor of alcohol, slurred/slow speech, and the defendant had a hard time keeping his balance. The defendant refused the roadside tests and the breath test.
Defense The defense announced ready for jury trial.
Result The State dropped the DUI.

3/10/2009 Case #2008-CT-017338AXXXMA Judge Drake

Facts The defendant was involved in a traffic crash in which he hit two cars then slammed into a metal guard rail. When the police arrived, they observed an odor of alcohol, bloodshot eyes, and slight swaying. The defendant appeared confused and admitted to having two beers. The defendant performed field sobriety tests at the request of the officer. According to the officer's reports, he failed the HGN (eye test), walk and turn, one leg stand, alphabet, and finger to nose tests. There was no video tape at the scene. After his arrest for DUI, he refused the breath test.
Defense The defense took a sworn pre-trial deposition of the arresting officer. At the deposition, the defense was able to establish that the defendant actually did well on the tests versus the officer's reports.
Result The State dropped the DUI.

3/10/2009 Case #08-CT-008752-XAM Judge Conrad

Facts The defendant hit a mailbox then left the scene of the accident. Officers located her car and conducted a traffic stop based on a call from a person who witnessed the crash. The officers noticed an odor of alcohol, slurred speech, and she swayed as she stood. According to the officers, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .115 in the breath machine. This was the defendant's second DUI and she was also charged with leaving the scene of an accident (LSA).
Defense Prior to trial, the defense conducted an investigation of the State witnesses and discovered that the breath tech was under an internal affairs investigation. This information would have destroyed her credibility at trial if used on cross examination.
Result The State dropped the DUI and dismissed the LSA.

3/9/2009 Case #1588-XED Judge Seraphin

Facts The defendant was involved in a crash in which the person that hit her left the scene. When the police arrived, they noticed the defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .190 and a .168 in the breath machine.
Defense The defense filed a pre-trial motion to suppress the breath test results. In our motion, we argued that pursuant to the Florida Department of Law Enforcement Regulations, there must be two breaths within .02 of each other. Here, they were outside the .02 margin so the results were not admissible.
Result The State dropped the DUI.

3/4/2009 Case #2008CT02909 Judge Arnold

Facts The defendant was stopped for failure to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and a flushed face. After failing each of the sobriety tests the defendant was arrested for DUI. While in jail, the defendant appeared in front of a judge. Without a lawyer, the defendant was convinced to take a plea to a DUI. After being released from jail, he subsequently retained the firm to undo his plea and defend his case.
Defense The defense ordered the transcript from the court proceedings and filed a motion to withdraw the plea. The motion was granted. Subsequently, the firm contacted the State Attorney handling the case, who then agreed to drop the DUI.
Result The State dropped the DUI.

3/2/2009 Case #08-010794MM10A Judge Diaz

Facts The defendant was involved in a traffic crash where she left her lane of travel, drove on a center median, and hit a sign. She continued to drive off after the crash. When the officers caught up to her, she was out of the car. The officers noticed an odor of alcohol, slurred speech, and a flushed face. She was off balance and failed every field sobriety test. She was then arrested for DUI and Leaving the Scene of an Accident (LSA). After her arrest, she blew a .148 in the breath machine.
Defense Since the defendant was out of the car when the police arrived, the State could not place the defendant behind the wheel. Thus, they could not prove the first element of DUI which is that the defendant was driving and/or in actual physical control.
Result The State dropped the DUI and dismissed the LSA.

3/2/2009 Case #2670-XDP Judge Ortiz

Facts The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant needed the car to support himself as he exited. He then performed poorly on the roadside tests. For example, on the walk and turn, he took the incorrect number of steps and stepped off the line numerous times. On the one legs stand, he put his foot down and could not make it passed the count of nine without the officer stopping the test. The defendant was arrested for DUI. This was the defendant's second DUI.
Defense Prior to trial, the defense filed a motion to suppress the defendant's refusal to take a breath test based on the officer giving him misinformation of the law.
Result The State dropped the DUI.

2/25/2009 Case #08-CT-019208AMB (JURY TRIAL) Judge Moyle

Facts The defendant was stopped for a inoperable tag light. The officer who stopped him testified he observed an odor of alcohol and the defendant was fumbling with his items in the car. A DUI unit arrived within seconds. That officer stated he noticed an odor of alcohol, glassy eyes, slow movements, and slow/slurred speech. The defendant was asked to perform field sobriety tests. He performed the walk and turn, one leg stand, finger to nose, and alphabet tests. There was no video tape at the scene. According to the officer, he did not perform to standards and was arrested for DUI. After his arrest, and on video at the station, he admitted to drinking Hennessey and slightly feeling the affects of the alcohol. Furthermore, he complied with the arresting officer's request to take a breath test. The defendant blew a .106 and a .106 in the breath machine. (both tests were over the legal limit of .08).
Defense At jury trial, the defense argued the State could not prove beyond a reasonable doubt that the defendant's "normal faculties were impaired." Also we argued that the State produced no evidence to prove what the defendant's breath alcohol level was at the "time of driving" as required by Florida law.
Result The Jury found the defendant Not Guilty.

2/25/2009 Case #CT-000364-XCO Judge Dominguez

Facts The defendant was stopped for speeding and drifting. The officer noticed an odor of alcohol, swaying, slurred speech, and bloodshot eyes. Also, the defendant was slow to respond to the officer's requests. The defendant stated he drank one Budweiser beer. Furthermore, he performed the walk and turn, one leg stand, and finger to nose tests. The entire incident, including driving pattern, was captured on video tape. According to the officer, the defendant performed poorly and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.
Defense The video contradicted the officer's allegations in his reports about the observations of the defendant.
Result The State dropped the DUI.

2/23/2009 Case #9218-XEC Judge Seraphin

Facts The defendant was stopped for failing to use his turn signal. The officer observed an odor of alcohol, slurred speech, and a flushed face. He performed the field sobriety tests at the request of the officer. For example, on the walk and turn test, he lost his balance during the turn and did not touch heel to toe. On the finger to nose, he missed the tip of nose all six times, did not remove his finger from his nose, and kept his eyes open. He was arrested for DUI and then refused to take the breath test.
Defense The defense filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's car. In our motion, we alleged that pursuant to Florida Statute 316.155(1) (turn signal statute) and the Florida Supreme Court, other traffic must be affected by the failure to use the turn signal. On the morning of trial and just prior to the motion, the officer stated no traffic was affected. The State conceded the motion and agreed that there was no probable cause for the stop.
Result The DUI was dismissed.

2/19/2009 Case #48-2007-CT-018159-0 Judge Ansbro

Facts The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, unsteadiness, and heavy eye lids. The defendant performed the roadside tests at the officer's request. On the walk and turn, she did not touch heel to toe and stepped off the line. On the HGN (eye test), the officer noticed and angle of onset prior to 45 degrees and a lack of smooth pursuit in her eyes. Also, on the one leg stand test, she counted wrong and swayed. After her arrest, she blew a .125 in the breath machine.
Defense Ready for trial.
Result The DUI was dismissed.

2/17/2009 Case #9984-XDJ Judge Miranda

Facts The defendant was stopped for failing to maintain a single lane and running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant had to use the door for balance upon exiting the car. He performed the walk and turn and one leg stand tests. For example, on the one leg stand, he put his foot down three times and used his arms for balance. On the walk and turn exercise, it was not conducted for the defendant's safety after he kept losing his balance during the instructional phase. He was then arrested for DUI.
Defense On the morning of trial, the defense spoke to the arresting officer. The officer contradicted his reports by adding observations of the defendant not written in any of his reports. Furthermore, he could not remember any specific details about the alleged weaving or the roadside tests.
Result After speaking to the officer, the State dropped the DUI.

2/17/2009 Case #CT-008720-XAM Judge Lefler

Facts The defendant was stopped after allegedly pulling out in front of a police officer causing him to take evasive action in order to avoid a collision. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. She performed roadside tests at the request of the officer. All of the tests were video taped. After allegedly performing the walk and turn, one leg stand, alphabet, and count backwards (100-75) tests poorly, she was arrested for DUI.
Defense Prior to announcing ready for jury trial, the defense pointed out to the State that none of the defendant's "normal faculties" were impaired as required by Florida Law. The tape completely contradicted what the officer wrote in his reports.
Result The State dropped the DUI.

2/12/2009 Case #08-002892-CTMA Judge Tinlin

Facts The defendant was stopped for having no tag light. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. The defendant performed roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down and swayed. On the walk and turn test, he stepped off he line, did not touch heel to toe, and took the incorrect number of steps. There was no video tape at the scene. After his arrest for DUI, he blew a .084 and .086 in the breath machine.
Defense The officer did not write any specific details in his reports as to the details of the field sobriety tests. Without a video, the officer could not state with specificity how the defendant truly performed. Also, with the .02 margin of error on each breath test result, the defendant's breath test results could have been as low as .064 and .066. (ie. under the legal limit of .08).
Result The State dropped the DUI.

2/9/2009 Case #8662-XCM Judge Newman

Facts The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. On the walk and turn, she did not touch heel to toe and turned incorrectly. On the one leg stand test, she put her foot down four times. On the balance exercise, she estimated 10 seconds for 30 seconds. She was then arrested for DUI.
Defense The Statute of Limitations had expired.
Result On the morning of trial, the DUI was dismissed.

2/6/2009 Case #2008-CT-027612AXX Judge Keyser

Facts The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking 2-3 glasses of whiskey. He performed field sobriety tests at the request of the officer which were video taped. According to the officer, he performed poorly and was arrested for DUI. At the breath testing facility, he blew a .201 in the breath machine.
Defense The defense filed a pre-trial motion to suppress the lawfulness of the arrest. In our motion, we alleged that the video showed the defendant was not impaired as the officer described in his reports. Thus, we argued in our motion that there was no probable cause to make the arrest.
Result Prior to the motion, the State dropped the DUI.

2/5/2009 Case #2008-CT-6446 (JURY TRIAL) Judge Jancewicz

Facts The defendant was stopped for weaving over the lane markers at least ten times over a two mile period. The officer noticed an odor of alcohol and slurred/mumbled/incoherent speech. Furthermore, the officer observed the defendant swaying as he stood, using his truck for support, and walking slowly. The defendant refused the roadside tests and the breath test.
Defense At jury trial, the defense pointed out to the jury that the officer's observations he testified about and wrote in his reports were contradicted by the officer's in car video tape at the scene. For example on video, the defendant spoke clearly and was never off balance or unsteady. The defense then argued that if the officer was lying about all his observations then he was not telling the truth about the alleged terrible driving pattern.
Result The Jury found the defendant Not Guilty in Five Minutes.

2/4/2009 Case #CT-004881-FYR Judge Dominguez

Facts The defendant was involved in a muli-car rear end collision for which he was at fault. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, was slow responding to the officer's questions, and kept repeating himself. Due to the defendant's injuries, he was transported to the hospital. At the hospital, the officer requested that the defendant's blood be drawn. He had previously told the defendant at the scene he would be required to provide blood. The blood results from the lab revealed that the defendant tested positive for alcohol and controlled substances. The defendant was then charged with DUI causing damage to person and/or property while under the influence of alcohol and controlled substances (ie. Xanax and marijuana).
Defense The defense filed a pre-trial motion to suppress the blood tests. In our motion, we alleged that the arresting officer coerced the defendant into taking the blood at the scene prior to even arriving at the hospital by telling him it would be mandatory. At that point in time at the scene, the mandatory request to give blood was done without legal authority.
Result Prior to the motion, the State dropped the DUI.

2/4/2009 Case #08-011362MM10A Judge Seidman

Facts The defendant was first seen weaving on the roadway. The officer then observed that she hit the curb before jerking back into her lane. The officer initiated a traffic stop in the parking lot of a gas station. The officer observed a strong odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called to the scene. The defendant performed several field sobriety tests. On the stand and balance test the defendant swayed from side to side. On the finger to nose, she failed to touch her finger to her nose on several attempts. On the walk and turn test, she failed to walk heel to toe and stepped off the line. She was subsequently arrested for DUI.
Defense The defense filed a motion to suppress based on an illegal stop.
Result The State dropped the DUI.

2/4/2009 Case #07-012447MM10A Judge Lerner-Wren

Facts The defendant was the at fault driver in a five car traffic accident. The officers all noticed that the defendant appeared sleepy and incoherent. His speech was slurred and he was stumbling around the accident scene. While the officer observed a flushed face, he stated that he observed no odor of alcohol. He stated that he takes medication for several injuries that he suffered to his back. The defendant was unable to successfully perform any field sobriety tests and was arrested for DUI. He later provided a urine sample which was positive for opiates, and hydrocodone.
Defense In order to request a urine sample, the officer must have reasonable cause to believe that the defendant is under the influence of a controlled or chemical substance. It is not enough to simply conclude that the subject was impaired, rather the officer must have competent evidence to explain what he was impaired by prior to the request for urine.
Result The State dropped the DUI.

2/2/2009 Case #08-CT-504431 Judge Hayward, Jr.

Facts The defendant was stopped by an officer who was patrolling outside his jurisdiction pursuant to written multi-jurisdictional traffic task force guidelines. She was stopped for having a broken front head light. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She performed poorly on roadside tasks. For example, on the HGN (eye test), she had an angle of onset before 45 degrees and lack of smooth pursuit in both eyes. On the walk and turn, she did not touch heel to toe and was confused by the various instructions. On the one leg stand test, she swayed put her foot down two times. After her arrest for DUI, she admitted to feeling under the influence of alcohol and then blew a .176 in the breath machine.
Defense The defense filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's car. We alleged in our motion that the written police guidelines only allowed officer's to stop aggressive drivers and those thought to be impaired. Furthermore, Florida case law allows an officer to stop a driver if he or she is outside their jurisdiction if they observe a "breach of the peace" (ie. erratic driving), not just a simple traffic infraction like a broken front head light.
Result Prior to the motion, the State dropped the DUI.

1/30/2009 Case #2008-CT-001125AXX Judge Cohen

Facts The defendant crashed through a guard gate. Upon the officer's arrival, he observed an odor of alcohol and bloodshot eyes. The defendant was injured and taken to the hospital after being extracted from the car by fire rescue. At the hospital, the officer requested blood be drawn because a breath test was impossible. The lab results revealed blood alcohol results of .089 and .090. After the blood results were obtained, the defendant was arrested for DUI.
Defense Prior to trial, the defense took pre-trial depositions. The arresting officer stated he could not determine whether the defendant's normal faculties were impaired due to the extent of his injuries. Furthermore, the toxicologist stated he could not say whether or not the defendant's blood alcohol results were above the legal limit at the time of the crash pursuant to the Florida DUI Statute. The blood was drawn almost two hours after the crash.
Result The State dropped the DUI.

1/27/2009 Case #08-CT-506341 Judge Adams

Facts The defendant was stopped for weaving and drifting several times. The officer noticed an odor of alcohol, slow/slurred speech, and watery eyes. The defendant staggered once out of the car. She performed the HGN (eye test), walk and turn, and one leg stand tests. According to the officer, she performed poorly and was arrested for DUI. For example, on the walk and turn, she used her arms for balance and did not touch heel to toe. On the one leg stand, she put her foot down every five seconds. She later refused the breath test. None of the exercises were video taped.
Defense The officer did not write any of the specific details in his reports about the defendant's performance on the field sobriety tests. His reports were very vague. The defense was ready for trial.
Result The State dropped the DUI.

1/22/2009 Case #CT-0363-XCO Judge Thomas

Facts The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, balance problems, and slurred speech. The defendant performed roadside tasks which were captured on video tape. For example, on the walk and turn, the defendant stepped off the line, used his arms for balance, and turned incorrectly. On the one leg stand test, he swayed and put his foot down. After his arrest for DUI, the defendant blew a .091 and .090 in the breath machine.
Defense There is a .02 margin of error on each breath test result. Thus, the defendant's breath alcohol levels could have been as low as a .071 and .070 (under the legal limit).
Result The State dropped the DUI.

1/21/2009 Case #08-CT6410 Judge Epperson

Facts The defendant was stopped while driving through a DUI sobriety checkpoint. The officer observed glossy red eyes, an odor of alcohol and slurred speech. The defendant was then asked to step out of his vehicle. The officer stated that he stumbled and swayed from side to side. The defendant agreed to perform field sobriety tests. On the HGN (eye test), the officer observed dilated eyes and lack of smooth pursuit. On the walk and turn test the officer stated that the defendant failed to touch heel to toe and stepped off the line. On the one leg stand he lost his balance and dropped his foot. On the finger to nose he failed to touch his finger to the tip of his nose. The tests were all captured on video.
Defense The defense filed a motion to suppress based on an invalid checkpoint. In court the firm argued that the officer had too much discretion when determining which vehicle to pull over.
Result The Court Granted the motion, and all of the evidence was thrown out. The DUI was dismissed.

1/21/2009 Case #31-2008-MM-002376-A (JURY TRIAL) Judge Wild

Facts The defendant was driving back from the airport when he fell asleep at the wheel and lost control of the vehicle. The car drove off the road, almost hitting the fence in the swale. The first officer testified that when he arrived on scene, the defendant was still passed out behind the wheel, engine running and the car in drive. The deputy observed 2 six packs of Michelob ultra in the vehicle, with three unopened bottles left. When the defendant woke up he admitted to throwing the empty bottles out the window. On one of the throws he forgot that the window was closed and he broke the passenger side window. After observing an odor of alcohol, bloodshot eyes and extremely slurred speech, the deputy called for the Florida highway patrol to conduct a DUI investigation. On the walk and turn test the defendant could not get past the first five steps and testified that the he almost fell three times. He was arrested for DUI. At the jail, he admitted to being under the influence and drinking 8 ounces of vodka.
Defense At trial, counsel cross-examined three police officers. The first deputy admitted that he had a camera in the vehicle but failed to video the roadside tests because it wasn't his investigation. He then admitted that in a prior motion to dismiss he said the engine was not running and then changed his testimony in trial. The arresting trooper testified that he had no idea that the other officer had a video camera in his car. However, in trial, the deputy at the jail testified that she never put the defendant on video because the trooper said he already had the sobriety tests on tape. In closing argument, the defense asked the jury how many times can we catch the police in a lie before we decide not to believe them anymore.
Result The Jury found the defendant NOT GUILTY.

1/20/2009 Case #290002-X Judge Ortiz

Facts The defendant was involved in a rear end crash for which he was at fault. When the officer's arrived, the defendant was standing outside the car. He observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused all roadside testing. However, after his arrest for DUI, he blew a .143 in the breath machine. This was the defendant's third DUI.
Defense The State could not prove the first element of DUI. (ie. that the defendant was driving or in actual physical control of the vehicle).
Result The DUI was dismissed.

1/20/2009 Case #9235-XEC Judge Miranda

Facts The defendant was detained by a security guard after he crashed into a concrete divider in a parking garage. When officers arrived, they noticed an odor of alcohol, slurred speech, and unsteadiness. The defendant stated he took Xanax and drank six beers. The defendant failed every field sobriety exercise due to his intoxication level. After his arrest for DUI, he blew a .20 in the breath machine.
Defense Since no law enforcement officer ever saw the defendant behind the wheel, the defense argued that the fellow officer rule does not apply. The only person who saw the defendant behind the wheel of the car was the civilian security guard. The fellow officer rule only applies in situations where information is given from one law enforcement officer to another.
Result On the day of trial, the State dropped the DUI.

1/20/2009 Case #CT-008747-XAM Judge Conrad

Facts The defendant was stopped for speeding. The officer noticed an odor of alcohol, difficulty following directions, bloodshot eyes, and swaying. The defendant only performed the walk and turn exercise. On that exercise, he stepped off the line, took the incorrect number of steps, and used his arms for balance according to the officer's reports. He was then arrested for DUI and refused the breath test.
Defense The defense pointed out to the State that the officer did not have the video camera facing the defendant while he was performing the walk and turn. He also conducted the exercises at a distance. Thus, neither the State nor defense could actually see if the officer's reports were accurate about his observations of the defendant.
Result The State dismissed the DUI.

1/12/2009 Case #04-6164MM10A Judge Diaz

Facts The defendant was involved in a crash. Several officers arrived on scene and observed a strong odor of alcohol on the defendant's breath. The officers the approached the witnesses to the accident who then identified the defendant as the driver in the accident. The officers then spoke with the defendant and noticed slurred speech as well as bloodshot eyes. The defendant was asked to perform several field sobriety tests. On the one leg stand test, the defendant dropped his leg and almost fell over. The officer then conducted the HGN (eye test). The officer observed a jerking of the eyes that would indicate that the defendant had been drinking to excess. The defendant was arrested for DUI and blew a .181 in the breath machine.
Defense The firm filed a motion to suppress based on a violation of Florida Statute 316.645. F.S. 316.645 deals with the officer's arrest authority at the scene of an accident. The motion was granted and all of the evidence was thrown out. The State subsequently appealed the Court's ruling. Two years later, the Judge's decision was reversed and the case was subsequently set for trial. Prior to trial, the defense took independent statements of the civilian witnesses which contradicted the officer's testimony in court.
Result On the morning of trial, the State dropped the DUI.

1/12/2009 Case #9154-XEC Judge Bloom

Facts The defendant was stopped for driving on two flat tires. Once stopped, the officer observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant staggered as he stepped out of the car. Due to the defendant's level of intoxication, only one roadside was attempted which he failed. After being arrested for DUI, the defendant blew a .232 in the breath machine.
Defense The defense filed a pre-trial motion to suppress the lawfulness of the initial stop the defendant's car. We alleged in our motion that the stop was unlawful because there is a specific statute which states it is only a traffic infraction to drive on rim (ie. one must likely cause damage to a hard-surfaced road). Here, the officer saw the defendant driving on only the rubber of the tires.
Result Just prior the motion hearing, the State dropped the DUI.

1/12/2009 Case #6025-XDX Judge Bloom

Facts The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed field sobriety tests at the request of the officer. For example, on the one leg stand test, the officer alleged in his reports that the defendant never raised his foot off the ground for the entire thirty seconds. On the walk and turn exercise, he did not touch heel to toe and walked backwards on the way back. After his arrest for DUI, he blew a .119 in the breath machine.
Defense A pre-trial investigation revealed that the person who conducted the annual inspection on the breath machine for which the defendant took the test had been fired. The allegation was that she made comments about how to manipulate the inspections to make them pass if they originally failed. She was the only one present when the annual inspection was conducted during the time frame the defendant blew into the machine. Further, she also had to repeat the inspection per the report she generated which then made the testing untrustworthy.
Result The DUI was dismissed.

1/12/2009 Case #2008CT023772AXXMA Judge Shore

Facts The defendant was stopped for speeding and slamming on his brakes for no reason. The officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had few drinks. A glass of rum was found in the car. The defendant performed the field sobriety tests at the request of the officer which were all captured on video tape. For example, on the walk and turn test, he missed heel to toe and stopped walking to regain his balance. On the one leg stand, the defendant swayed and hopped throughout the exercise. After his arrest for DUI, he blew a .093 and .093 in the breath machine. This was the defendant's second DUI.
Defense There is a margin of error .02 on each breath test result. Thus, the defendant's breath alcohol level could have been as low as .073, below the legal limit. Furthermore, the video contradicted the officer's reports.
Result The State dropped the DUI.

1/9/2009 Case #2008CT026134AXX Judge Keyser

Facts The defendant was stopped by the police as he was driving slowly through a residential neighborhood stopping at different houses. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having 4-5 drinks. When he exited the car, he was off balance. The defendant refused all further DUI testing. This was his second DUI.
Defense The defense took a pre-trial deposition of the officer who stopped the defendant. He stated under oath that the defendant appeared "suspicious." The defense then presented a motion to suppress the lawfulness of the initial stop of the defendant's vehicle to the State. In our motion, we alleged there was no legal justification to stop the defendant.
Result After the State read the deposition of the officer and the motion, the DUI was dismissed.

1/9/2009 Case #07-019193MM10A Judge Lerner-Wren

Facts The defendant was stopped for speeding and making a wide right turn. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. A can and bottle of beer were found in the defendant's car. The defendant further admitted to taking the pain medication Percocet. The defendant submitted to field sobriety tests at the request of the officer. For example, on the walk and turn test, she lost her balance during the instructions, raised her arms for balance, and did not touch heel to toe. On the finger to nose, she missed the tip of her nose, did not keep her eyes closed, and swayed.She was arrested for DUI.
Defense The firm took a pre-trial deposition of the arresting officer. During cross examination, the arresting officer agreed that there were several inconsistencies between his testimony and the reports. There was no other evidence such as a video tape to support the officer's claim that the defendant was impaired.
Result The DUI was dismissed.

1/5/2009 Case #2008MM021691AXXX Judge Martz

Facts The defendant was found in a ditch off of the roadway. The officer made contact with the defendant and observed an odor of alcohol and bloodshot eyes. He informed the defendant that he was conducting a DUI investigation. He was subsequently arrested for DUI and refused a breath test.
Defense Pursuant to 901.15 the firm argued that the defendant was unlawfully arrested when the offense occurred outside the presence of the officer.
Result The DUI was dismissed.

1/5/2009 Case #08-010263MM10A Judge Ross

Facts The police were dispatched in reference to a black truck parked improperly on the highway with someone sleeping inside. When the police arrived, they made contact with the defendant who was eating "taco bell". The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated that he had four beers and was coming home from a concert. He performed the following field sobriety tests. On the one leg stand the defendant placed his foot down 3 times. On the walk and turn test he failed to touch heel to toe 16 out of 18 times. The defendant was arrested for DUI and blew a .105 in the breath machine.
Defense The firm took a deposition of the arresting officer. The officer testified that he could not state that the defendant had the capability to operate the vehicle. In addition, he could not state what the defendant's breath alcohol level was at the time he was driving (as required by law).
Result The State dropped the DUI.

12/11/2008 Case #CT-009021-XAM Judge Conrad

Facts The defendant was involved in a crash when his vehicle struck another car in a parking lot. He left the scene of the accident and was eventually caught by police in another parking lot. The police observed the defendant's car on top of a curb against a fence. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed field sobriety tests on video tape. For example, on the walk and turn task, he stepped off the line and did not touch heel to toe. On the one leg stand test, he swayed and used his arms for balance. The defendant was arrested for DUI and Leaving the Scene of an Accident (LSA). After his arrest, he blew a .129 in the breath machine.
Defense In every DUI case, the firm conducts and independent investigation of all witnesses. Our pre-trial investigation revealed the State's breath tech had problems.
Result THE STATE DROPPED THE DUI AND DISMISSED THE LSA.

12/9/2008 Case #08-CT-005649 Judge Epperson

Facts The defendant was stopped for weaving several times. The officer observed an odor of alcohol and bloodshot eyes. Once the defendant stepped out of the car, she was off balance and unsteady. She admitted having three vodka/cranberry drinks and then performed poorly on the field sobriety tests. After her arrest for DUI, she blew a .233 and .244 in the breath machine.
Defense Prior to trial, the defense pointed out to the State that the officer administering the breath test violated the required 20 minute observation period. Thus, the State would not have been able to move the breath test results into evidence. Also, there was no video tape taken at the scene of the roadside tasks.
Result THE STATE DROPPED THE DUI.

12/8/2008 Case #2008CT-025724AXX Judge Eissey

Facts The defendant crashed into a median on interstate 95 after he lost control of the car when a tire blew out. When the officer arrived, he observed an odor of alcohol and slurred speech. The airbags had deployed and the defendant had glass on his face from the impact of the crash. The officer then requested that the defendant perform field sobriety tests and the defendant complied. On the walk and turn test, he failed to touch heel to toe, stepped off the line, and almost fell. On the one leg stand exercise, he counted to three and then used the wall for support. The defendant was arrested for DUI and then refused the breath test.
Defense The defense filed several pre-trial motions. In one motion, we moved to exclude the field sobriety tests because the defendant was misinformed of the law after asking what would happen if he refused to take the tests. In another motion, we moved to exclude all of the defendant's statements about the crash pursuant to the accident report privilege since he was not read his Miranda Rights. We also pointed out the State that the officer was having a person on I-95 perform physical balance exercises after just having a head on collision with a median and an airbag hitting him in the face.
Result JUST PRIOR TO THE MOTION HEARING, THE STATE DROPPED THE DUI.

12/3/2008 Case #2007-CT-026193ASB Judge Keyser

Facts The defendant was found by the police passed out in his car in an apartment parking lot. He was lying on the front seat with the engine running. Several attempts were made to awaken the defendant. Once awoken, the officers observed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests very poorly on video. For example, he could not recite the alphabet correctly and on the walk an turn test was very off balance as he could not stay on the line and also took an incorrect number of steps. He was arrested for DUI and then blew a .158 in the breath machine.
Defense A person who is passed out does not have the "capability" to operate a motor vehicle.
Result THE STATE DROPPED THE DUI THE DAY BEFORE JURY TRIAL.

12/2/2008 Case #43-2008-CT- 003039-A