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More Recent
Court Wins
(A
copy of each win can be verified with the
respective county clerk's office, and is also
available on file with our office.)
12/20/04 Case
#03-019267MM10A Judge
Gehl
Facts The
defendant was stopped for driving 105 miles per hour and
cutting off other vehicles. The officer noticed an odor of
alcohol, blood shot eyes, and an open container of alcohol
in the car. He performed poorly on roadside tests and blew
a .105 in the breath machine.
Result
The State dropped the DUI.
12/20/04 Case #086582-J
Judge Gayles
Facts
The defendant was involved in an accident whereby he swerved
to avoid hitting a drunk pedestrian who was standing in the
roadway. When the trooper arrived, he observed the
defendant to have an odor of alcohol, slurred speech and
bloodshot eyes. The defendant refused roadside tests and
refused the breath test. This was the defendant's second
offense.
Defense
The State could not prove the defendant was in actual
physical control of the vehicle. Ready for trial.
Result
The DUI was dismissed.
12/13/04 Case #086426-J
Judge Bloom
Facts
The defendant was involved in an accident in which he rear
ended another vehicle. When the police arrived, they
observed the defendant
standing outside his vehicle and they observed
an odor of alcohol, slurred speech, and balance problems.
He performed poorly on roadside tests and blew a .168 in the
breath machine.
Defense
The State could not prove the defendant was in actual
physical control of the motor vehicle.
Result
The State dropped the DUI.
12/13/04 Case #129408-J
Judge
McWhorter
Facts
The defendant was stopped by the FHP for speeding. Prior to
offering the roadside tests, the officer observed an odor of
alcohol. The defendant performed poorly on roadside tests
and he blew a .11 in the breath machine after his arrest for
DUI.
Defense
A
pre-trial motion to suppress was filed alleging that the
officer had no reasonable suspicion of a crime prior to
offering roadside tests. The officer stated in a deposition
he only observed and odor of alcohol prior to roadside
tests. Under Florida law, there has to some evidence of
impairment in order to conduct field sobriety tests. Here,
there was no evidence of impairment as there was no erratic
driving and odor is not an indicator of impairment.
Result
The State read the deposition and case-law and conceded the
motion. The State dropped the DUI.
12/9/04 Case #03-021042CF10A
(Jury Trial)
Judge Kotey
Facts
The defendant was stopped by police as a result of a call
that he was driving recklessly and causing a domestic
disturbance. Once stopped, the officers observed and odor
of alcohol, slurred speech, and he performed poorly on field
sobriety tasks. After being arrested for DUI, he was
transported to the breath testing facility where he refused
the breath test. The defendant refused to get out of the
chair in the interview room as the officers were trying to
get him to go into the video room. The officer attempted to
get him out of the chair and the officer alleged the
defendant picked up the chair he was sitting in and swung it
at her knee. This was all while he was handcuffed behind
his back. Another BSO community service aid was in the room
assisting the officer and stated the defendant never swung a
chair. He testified the officer was hit during the
struggle. The defendant was facing a minimum of 10 years in State
prison if he was convicted.
Defense
The officer's testimony that the defendant picked up the
chair and swung it at her was contradicted by the other
community service aid's testimony. Thus, the State could
not prove he "intentionally" hit her and therefore it was an
accident. Also, there was another officer in the room who
saw the incident who was never interviewed by police or
called to trial by the State.
Result
The jury found the defendant NOT GUILTY in three minutes as
the jury stated they did not believe the arresting officer's
testimony.
12/6/04 Case #048095-W
Judge Mills-Francis
Facts
The defendant was stopped for failing to maintain a single
lane. The officer noticed an odor of alcohol, slurred
speech, and unsteadiness. He performed poorly on roadside
tests and subsequently refused the breath test.
Result
The state dropped the DUI.
12/6/04 Case #03-24329MM10A
Judge Zack
Facts
The defendant was stopped for speeding. Once stopped, the
officer observed an odor of alcohol and he admitted to
drinking. According to the officer, he performed poorly on
roadside tests and blew a .090 in the breath machine.
Defense
The video contradicted the officers observations in his
report. Ready for trial.
Result
The state dropped the DUI.
11/29/04 Case #316982-X
Judge Figarola
Facts
The defendant was involved in an accident. The officer who
arrived on the scene observed an odor of alcohol and balance
problems. The defendant performed poorly on roadside tests
and blew a .185 in the breath machine.
Defense
The State could not prove the defendant was in actual
physical control of a motor vehicle. Ready for trial.
Result
The state dropped the DUI.
11/23/04 Case #387930-W
Judge Newman
Facts
The defendant was stopped for driving all over the road and
almost running vehicles off the road. Once stopped, the
officers observed an odor of alcohol, slurred speech, and
blood shot eyes. He performed poorly on field sobriety
tests and subsequent to his arrest he refused the breath
test. This was the defendant's third offense.
Defense
A
deposition of the arresting officer was taken before trial.
During the deposition, the officer was contradicting her
reports with her testimony. Also, she also wrote two DUI
arrest reports describing the roadside tests which
contradicted each other.
Result
The state dropped the DUI.
11/22/04 Case #251039-W
Judge McWhorter
Facts
The defendant was stopped for weaving and driving to slow.
The officer observed an odor of alcohol, slurred speech, and
the defendant was very off balance and unsteady. He
performed poorly on roadside tests and then blew a .191 in
the breath machine. This was the defendant's second offense.
Result
The state dropped the DUI.
11/22/04 Case #373574-W
Judge Bloom
Facts
The defendant was involved in a accident. When the DUI
officers arrived, the defendant was already handcuffed in
another patrol car. The DUI officer observed an odor of
alcohol and slurred speech. He performed poorly on field
sobriety tests and subsequently refused the breath test.
Defense
A
pre-trial motion to suppress was filed alleging that the
defendant was placed under an unlawful de facto arrest by
being placed in cuffs in a patrol car. In pre-trial
depositions, there was never an explanation as to why the
defendant was cuffed initially. Ready for trial.
Result
The State conceded the motion. The DUI was dismissed.
11/22/04 Case #412716-X
Judge Bloom
Facts
The defendant was stopped for running a red light. The
officers observed an odor of alcohol, slurred speech,
bloodshot eyes, and that the defendant was off balance and
unsteady. He performed poorly on roadside tests and blew a
.087 in the breath machine.
Defense
A
pre-trial motion to suppress the roadside tests was filed
alleging that the officer coerced the defendant into
performing the tests.
Result
The Judge granted the motion excluding all the field
sobriety tests. The state dropped the DUI.
11/17/04 Case #04-1121MM10A
Judge Diaz
Facts
The police were advised that the defendant was driving on
the highway at a very slow speed impeding traffic. The
defendant was seen with her brake lights on in the apex of
the highway. Her speech was extremely slurred, she had an
odor of alcohol and bloodshot eyes. On video she was
completely unsteady, and performed poorly on the sobriety
tests.
Defense
The defense argued that when the officer put his emergency
lights on prior to making contact with the defendant he was
commanding her not to move. At the point when the lights
went on, the officer admitted in court that he did not
witness a traffic infraction nor did he have an indication
that a crime was being committed. Therefore, the defendant
was stopped unlawfully.
Result
The Judge granted the motion and excluded all of the
evidence. The state dropped the DUI.
11/12/04 Case #03-028991TCA08
Judge Cohen
Facts
The defendant was involved in a one car accident. There
were no eyewitnesses to the crash. He was seen by police
walking down the road with another individual about a
quarter mile from the crash scene. He was asked if he was
the driver involved in the crash and the defendant responded
by saying yes. The officer observed an odor of alcohol,
slurred speech, and the defendant performed poorly on
roadside tests. He was arrested for DUI and blew a .149 in
the breath machine.
Defense
A pre-trial motion to suppress was filed to exclude the
defendant's admission to being involved in the accident.
Under the legal doctrine of corpus delicti, the State must
produce substantial evidence other than the defendant's own
statements placing him behind the wheel as the driver. At
the hearing, the State could produce no such evidence.
Result
The Judge granted the motion to suppress. The DUI was
dismissed.
11/8/04 Case #266013-W
Judge Gayles
Facts
The defendant was stopped by police when he was sleeping in
his vehicle in the middle of the road. The officers
observed an odor of alcohol, slurred speech, and the
defendant was unsteady and off balance. The defendant
performed poorly on roadside tests and subsequent to his
arrest for DUI he refused the breath test.
Defense
Prior to trial, the officers on the scene could not remember
who actually conducted the roadside tests and their stories
were contradictory. Ready for trial.
Result
The State dropped the DUI.
11/4/04 Case #2004-CT-8527-0
Judge Martinez
Facts
The defendant was stopped in Orlando for failure to maintain
a single lane for allegedly driving off the roadway on the
grass one time. The trooper observed an odor of alcohol,
thick tongued speech and balance problems. He performed
poorly on roadside tasks on video and blew a .124 in the
breath machine.
Defense
The defense filed a pre-trial motion to suppress for an
unlawful stop. We alleged that one isolated incident was an
insufficient basis to stop the defendant since no traffic
was affected by his driving and no reasonable officer could
believe a defendant was DUI from observing one isolated
incident.
Result
Just prior to the motion hearing, the State conceded the
motion after reviewing the applicable Florida case law. The
DUI was dismissed.
11/2/04 Case #04-007656MM10A
Judge Feiner
Facts
The defendant was stopped when police observed her traveling
over the posted speed limit. She did not stop at the
direction of the officers. The officers then chased her
until she was finally stopped. Once detained by the
officers, they observed an odor of alcohol. She became
abusive towards the officers and she was subsequently
arrested for fleeing and eluding a police officer and DUI.
She refused to take the breath test.
Defense
In a pre-trial deposition of the arresting officer, he
stated under oath that he had no idea if the defendant was
actually DUI. Ready for Trial.
Result
The State dropped the DUI.
11/1/04 Case #131995-W
Judge Figarola
Facts
The defendant was stopped for driving across three lanes of
traffic and almost striking another vehicle. The officer
observed and odor of alcohol, slurred speech and glassy
eyes. According to the officers, he used the car for
balance and became verbally abusive towards the officers.
He refused the roadside tests and refused the breath test.
Result
The State dropped the DUI.
10/29/04 Case #04-006882MM10A
Judge Feiner
Facts
The defendant was stopped for weaving and almost striking
another vehicle. Once stopped, the officer observed an odor
of alcohol and bloodshot eyes. The defendant stated he had
drank seven beers. He performed poorly on roadside tasks
and blew a .133 in the breath machine.
Result
The State dropped the DUI.
10/28/04 Case #53-2004-CT-001272-LD
Judge Coon
Facts
The defendant was stopped for speeding by Lakeland police.
The officer observed an odor of alcohol, slurred speech,
bloodshot eyes and that the defendant was swaying. The
defendant refused field sobriety exercises and refused the
breath test. This was the defendant's second offense.
Defense
The video contradicted all of the officer's statements in
his reports and pre-trial testimony. Ready for trial.
Result
The State dropped the DUI.
10/25/04 Case #04-023135TCA99
Judge Johnson
Facts
The defendant was stopped based on an anonymous tip that he
was driving all over the road. The officers observed an
odor of alcohol, bloodshot eyes, slurred speech, and balance
problems. He performed poorly on roadside tasks and blew a
.12 in the breath machine.
Defense
Under Florida law, the officer must observe some
corroboration of the erratic driving pattern when the tip is
anonymous prior to making the traffic stop. Here, the
officers observed no erratic driving pattern.
Result
The DUI was dismissed.
10/25/04 Case #317587-X
Judge Newman
Facts
The defendant was found by police sleeping behind the wheel
of his vehicle at a red light. It took several attempts to
awaken the defendant. Once awoken, the officer observed the
defendant to have an odor of alcohol, slurred speech and
watched him stumble as he was outside the car. The
defendant refused the roadside tests and refused the breath
test. The officer found marijuana in the defendant's pocket
after his arrest for DUI.
Result
The State dropped the DUI.
10/18/04 Case #05-2004-CT-057174AXXXX
Judge Majeed
Facts
The defendant was stopped for speeding and running a red
light in Brevard County. The officers observed an odor of
alcohol, slurred speech, and an open container of alcohol in
the car. He performed poorly on field sobriety tests and
refused to take the breath test.
Defense
The video contradicted the officer's reports and statements.
Result
The State dropped the DUI.
10/18/04 Case #413990-X
Judge Newman
Facts
The defendant was stopped for making an illegal
turn. Once stopped , the officers observed an odor of
alcohol, slurred speech, and the defendant appeared
unsteady. She performed poorly on roadside tests and blew a
.174 in the breath machine.
Result
The State dropped the DUI.
10/14/04 Case #3523-CNL
Judge Figarola
Facts
The defendant was stopped for driving with his high beams.
The officer who stopped the defendant observed an odor of
alcohol, slurred speech, and bloodshot eyes. He performed
poorly on roadside tests and was constantly cursing and
threatening the officer. He blew under the legal limit,
however, he admitted to taking numerous prescription
medications which are classified as controlled substances.
Defense
The police did not conduct a Drug Recognition Exam and could
not prove what drug impaired the defendant.
Result
The State dropped the DUI.
10/13/04 Case #04-8141MMA
Judge Murphy
Facts
The defendant was stopped for failing to maintain a single
lane in Naples. Once stopped, the Trooper observed an odor
of alcohol, slurred speech, and bloodshot eyes. The
defendant performed poorly on roadside tests on video and
blew a .162 on the breath machine.
Defense
A pre-trial motion to suppress the stop was filed alleging
the defendant was unlawfully stopped since no traffic was
affected by the defendant's driving.
Result
The State conceded the motion at the time of hearing. The
DUI was dismissed.
10/12/04 Case #412937-W
Judge Thomas
Facts
The defendant was stopped by Tampa police for making an
improper turn. The officer who stopped the defendant
observed an odor of alcohol and slurred speech. A DUI
officer was called and the defendant performed poorly on
field sobriety tests according to the officer. He
subsequently refused the breath test.
Defense
Pre-trial testimony was taken of the officer who stopped the
defendant where he stated the defendant was driving all over
the road and was completely off balance and unsteady. This
information was not written in any reports. Further, the
video contradicted all the officer's reports and statements.
Result
The State dropped the DUI.
10/12/04 Case #252880-W
Judge Figarola
Facts
The defendant was stopped for making a wide turn. Once
stopped, the officer observed an odor of alcohol, blood shot
eyes and slurred speech. A DUI officer was called and the
defendant performed poorly on roadside tests. Subsequent to
his arrest for DUI, he blew a .176 in the breath machine.
Defense
A motion to suppress was filed alleging the defendant was
unlawfully stopped due to the fact no traffic was affected
by the wide turn.
Result
The State conceded the motion. The State dropped the DUI.
9/24/04 Case #04-011076MM10A
Judge Levenson
Facts
The defendant was stopped for weaving all over the roadway.
The officer who stopped the defendant noticed an odor of
alcohol, flushed face, and glassy eyes. A DUI officer was
called to conduct field sobriety exercises. The officer
observed the defendant walking in a serpentine fashion. She
performed poorly on all field sobriety tests and
subsequently refused the breath test. This was the
defendant's second offense.
Result
The State dropped the DUI.
9/23/04 Case #03-8758MM10A
Judge Berman
Facts
The defendant was involved in an accident. When the
officers arrived, they observed the defendant to have an
odor of alcohol and be off balance and unsteady. He
performed poorly on roadside tests. After his arrest, the
defendant blew a .219 in the breath machine.
Defense
The State could not prove the defendant was driving or in
actual physical control of a motor vehicle.
Ready for trial.
Result
The State dropped the DUI.
9/23/04 Case #03-016485MM10A
Judge Lazarus
Facts
The defendant was stopped by the police for improper parking
after the police received a call that the defendant was
passed out behind the wheel. The officer observed the
defendant to be passed out behind the wheel. The officer
observed the defendant to be off balance and unsteady, an
odor of alcohol, and slurred speech. The defendant blew a
.176 in the breath machine.
Defense
A pre-trial motion to suppress was filed alleging that the
defendant was not in actual physical control of the vehicle
due to the fact the officer could not remember where the
keys were located.
Result
The State dropped the DUI.
9/22/04 Case #3746-CHT
Judge Ortiz
Facts
The defendant was stopped for speeding and weaving. Once
stopped the officer observed the defendant to be off
balance, have an odor of alcohol and slurred speech. The
defendant performed poorly on field sobriety tests. Once
arrested, she blew under the legal limit of .08. However, a
Drug Recognition Exam was conducted and the defendant gave
urine in which there was a positive result for a controlled
substance called Butalbital. The State's theory was the
defendant was impaired due a combination of the alcohol and
the drugs.
Defense
In pre-trial depositions of the arresting officer and the
toxicologist, it was established that the amount of the drug
found in the defendant's system was minimal and that it
could have been taken days before the incident. Thus, the
State could not prove whether the defendant was under the
influence of that drug on the day in question.
Result
The State dropped the DUI.
9/7/04 Case #550211-X
Judge Bloom
Facts
The defendant was stopped for speeding. The officer
observed an odor of alcohol, slurred speech, and the
defendant performed poorly on field sobriety tests. He blew
a .187 in the breath machine.
Result
The State dropped the DUI.
9/7/04 Case #132382-W
Judge Gayles
Facts
The defendant was involved in an accident in which she
struck a raised median. She had an odor of alcohol, slurred
speech. She performed poorly on roadside tests and blew a
.216 in the breath machine.
Defense
The State could not prove the defendant was in actual
physical control of the vehicle.
Result
The State dropped the DUI.
9/7/04 Case #413682-X
Judge Figarola
Facts
The defendant was stopped while parked behind a closed
business. He was ordered out of the car. The officer
observed an odor of alcohol, slurred speech and blood shot
eyes. He performed poorly on roadsides and blew a .153 in
the breath machine. This was the defendant's third offense.
Defense
A pre-trial motion to suppress was filed alleging that the
officer illegally ordered the defendant out of the car
without reasonable suspicion of a crime.
Result
The State read the deposition of the officer and the case
law and then conceded the motion. The DUI was dismissed.
9/1/04 Case #02-029205MM10A
Judge Cowart
Facts
The defendant was stopped for weaving. The officer observed
an odor of alcohol and bloodshot eyes. The defendant
performed poorly on roadside tests and blew a .154 in the
breath machine.
Defense
A pre-trial motion to suppress was filed alleging the
defendant was unlawfully stopped.
Result
The State conceded the motion.
8/30/04 Case #317517-X
Judge McWhorter
Facts
The defendant was stopped for running a red light. The
officer noticed an odor of alcohol, slurred speech, and
bloodshot eyes. He also observed the defendant stumbling.
He refused the roadsides and breath test. This was the
defendant's second offense.
Result
The State dropped the DUI.
8/30/04 Case #316861-X
Judge Figarola
Facts
The defendant was involved in an accident in which he hit a
mailbox. Upon contact with the police, they observed an
odor of alcohol, slurred speech, and that the defendant was
very off balance and unsteady. He performed poorly on
roadside tests and refused the breath test. This was the
defendant's second offense.
Defense
The State could not prove the defendant was the driver of
the vehicle at the time of the crash. Ready for trial.
Result
The State dropped the DUI.
8/24/04 Case #03-032330TCA04
(Jury Trial)
Judge Cohen
Facts
The defendant was stopped for speeding. The officer
observed an odor of alcohol, slurred speech and bloodshot
eyes. He also stated the defendant was off balance and
unsteady. The defendant refused the roadside tests and refused the
breath test.
Defense
The video contradicted the officer's testimony.
Result
The Jury found the defendant NOT GUILTY in 5 minutes.
8/23/04 Case #03-001432MM10A
(Jury Trial)
Judge Cowart
Facts
The defendant was stopped for speeding. The officer noticed
bloodshot watery eyes, and a "very strong" odor of alcohol.
The defendant allegedly failed all roadside tests and told
the officer "you and I both know I'll blow over a .08." He
was subsequently arrested for DUI.
Defense
At trial, the arresting officer was caught changing his
story several times. The jury gave his testimony no
credibility.
Result
The Jury found the defendant NOT GUILTY in minutes.
8/16/04 Case #500765-W
Judge McWhorter
Facts
The defendant was stopped for running a red light. The
officer who stopped him observed an odor of alcohol, slurred
speech, and unsteadiness. He called for a DUI officer who
subsequently arrested the defendant. He refused the breath
test.
Defense
Just prior to trial, the DUI officer stated that he observed
no slurred speech and no unsteadiness which contradicted the
other officer's testimony. Also, the officer who stopped
the defendant was writing the arrest affidavit before the
defendant was even arrested for DUI when no decision had
been made whether to even arrest the defendant. Ready for
trial.
Result
The State dropped the DUI.
8/16/04 Case #317478-X
Judge Bloom
Facts
The defendant was stopped for speeding and weaving. Once
stopped the officer noticed an odor of alcohol, slurred
speech and bloodshot eyes. He stated the defendant
performed poorly on roadside tests. The defendant refused
the breath test. This was the defendant's second offense.
Defense
In a deposition prior to trial, the officer admitted that
the observations he made at the scene could have been
consistent with someone who had brain surgeries. The
defendant told the officer he had had brain surgeries and
provided the medical records in court. Ready for trial.
Result
The State dropped the DUI.
8/11/04 Case #03-005413MM10A
Judge Lerner-Wren
Facts The
defendant was stopped for having no tag light. The officer
observed an odor of alcohol, bloodshot eyes, and a sway to
his stance. The defendant did not speak much English so no
field sobriety tests were conducted. He was arrested for
DUI and blew a .171 in the breath machine.
Defense
The firm successfully excluded the breath test from evidence
prior to trial.
Result
The State dropped the DUI.
8/5/04 Case #03-011382MM10A
Judge Zack
Facts
The defendant was stopped for weaving on the roadway. The
officer noticed an odor of alcohol and bloodshot eyes. The
officer stated that the defendant performed poorly on all
roadside tests. She was subsequently arrested for DUI and
blew a .110 in the breath machine.
Defense
The defense filed a motion to suppress based on an illegal
stop.
Result
The State dropped the DUI.
8/2/04 Case #265578-W
Judge Krieger-Martin
Facts
The police responded to a call about a driver who was passed
out behind the wheel of a vehicle. When the police arrived,
the defendant was slumped over wheel on his own driveway.
The officers awoke the defendant and observed an odor of
alcohol, slurred speech, and the defendant could not even
stand up without assistance. He refused the breath test.
Defense
A deposition of the arresting officer was taken in which he
stated that the defendant did not appear to have the
capability to operate the vehicle in his condition. Thus,
the State could not prove he was in actual physical control
of a vehicle.
Result
The DUI was dismissed.
8/2/04 Case #413949-X
Judge Krieger-Martin
Facts
The defendant was stopped for having an illegal tint on her
window. Once stopped, the officer noticed an odor of
alcohol, slurred speech, and that the defendant staggered
while she walked. Another officer was called to the scene
to conduct field sobriety exercises. He stated the
defendant performed poorly and she was arrested for DUI.
She refused the breath test.
Defense
Depositions of both officers were taken which revealed
numerous contradictions in their stories. Also, the
depositions revealed the defendant performed better than
what the officer wrote in his reports on the roadside tests.
Ready for trial.
Result
The DUI was dismissed.
7/30/04 Case #03-028545MM10A
Judge Murphy
Facts
The defendant was stopped for driving 115mph on I-75. The
officer noticed a strong odor of alcohol and the defendant
allegedly admitted to drinking. A search of the car
revealed 3 bottles of beer. The defendant was subsequently
arrested for DUI and Reckless Driving.
Defense
Both the arresting officer and back-up officer gave
testimony in a deposition. Their stories completely
contradicted each other.
Result
The DUI was dismissed.
7/27/04 Case #05-2004-CT054327-AXXX-XX
Judge Babb
Facts
The defendant was stopped for speeding. Once stopped, the
officer observed an odor of alcohol and bloodshot eyes. The
defendant performed three field sobriety tests on video.
After being arrested, he admitted to having five beers and
blew a .11 in the breath machine.
Defense
The defense filed a motion to suppress stating that there
was no probable cause to arrest the defendant since he
performed the roadsides well on video.
Result
The State dropped the DUI.
7/26/04 Case #03-029181MM10A
Judge Murphy
Facts
The defendant was sleeping in a vehicle with the keys in the
ignition. The officer observed bloodshot eyes, slurred
speech and a strong odor of alcohol on her breath. When
asked about the damage to her vehicle she stated she must
have hit something. After failing every roadside test she
was arrested for DUI. She subsequently blew a .185 in the
breath machine.
Defense
The defense argued that because she was asleep in the
vehicle she never had the capability to operate the vehicle
when the officer arrived. The law requires that an
individual must first have the capability to operate the car
before they can be convicted of DUI.
Result
The State dropped the DUI.
7/26/04 Case #316947-X
Judge Figarola
Facts
The defendant was found by police slumped over the wheel.
The officers observed an odor of alcohol, bloodshot eyes,
and slurred speech. He performed poorly on the field
sobriety tests and stated that the "police should take him
in because he was drunk." He refused the breath test.
Result
The State dropped the DUI.
7/22/04 Case #03-022146TCA04
(Jury Trial)
Judge Damico
Facts
The defendant was stopped while driving his motorcycle in a
serpentine fashion by a Delray Beach officer. The officer
observed an odor from alcohol and stated the defendant mixed
up the alphabet. A DUI officer was called and had the
defendant perform field sobriety tests. he stated the
defendant performed poorly. On video at the breath testing
facility, the defendant admitted to having four mixed
drinks, feeling the effects of the alcohol, and feeling
under the influence. The defendant refused the breath test.
Defense
Through cross examination, we were able to get the
officer who stopped the defendant to admit the defendant had
complete control of the motorcycle and that he did not
believe the defendant was DUI based on the that driving
pattern. Also, it was shown through cross that the
defendant did more things correctly on the field sobriety
test than he allegedly did wrong. As to the defendant's
statements, we argued that the police never asked asked the
ultimate question which was whether he thought he was
impaired, not just under the influence. The defendant
testified he was not impaired.
Result
The Jury found the defendant NOT GUILTY.
7/21/04 Case #2004-CT-5079-0
Judge Clark
Facts The
defendant was involved in an accident where she ran into
another car. When the officer arrived, he noticed the
defendant to have an odor of alcohol, slurred speech, and be
very unsteady. The defendant performed poorly on roadside
tests and subsequently refused the breath test.
Defense
On the day of trial, a deposition was taken of the civilian
witness involved in the accident with the defendant. He
stated he observed no signs of impairment and that the
defendant did not appear to be intoxicated. This contradicted
the officer's story. Ready for trial.
Result
The State
dropped the DUI.
7/20/04 Case #04-1651MM10A
Judge Murphy
Facts The
defendant was stopped for drifting from one lane to the next
several times. Once stopped, the officer observed an odor of
alcohol and the defendant stated he had a couple of drinks. A
DUI officer was called and he subsequently arrested the
defendant for DUI. The defendant refused to take the breath
test.
Result
The State
dropped the DUI.
7/20/04 Case #03-021277MM10A
Judge Lerner-Wren
Facts The
defendant was stopped for running a red light. The officer
that made the stop stated that he observed an odor of alcohol,
blood shot eye, slurred speech, and that the defendant was
completely off balance. A DUI officer was called and the
defendant refused to do the field sobriety exercises and he
also refused to take the breath test.
Result
The State
dropped the DUI.
7/19/04 Case #085707-J
Judge Bloom
Facts
The defendant was stopped by the FHP for driving over 85 miles
per hour in and out of traffic on a wet roadway. Once
stopped, the officer noticed an odor of alcohol, slightly
slurred speech and the defendant was off balance. According
to the the officer, the defendant performed poorly of field
sobriety tests and he subsequently blew a .093 in the breath
machine.
Defense
The defense pointed out prior to trial that there is a .02
margin of error on the breath reading and therefore the .093
could have been a .073 which is under the legal limit of .08.
Also, the trooper did not include results of one of the
roadside exercises even though the defendant did perform the
exercise.
Result
The State
dropped the DUI.
7/19/04 Case #468032-W
Judge Bloom
Facts
The defendant was stopped for running a red light. Once
stopped, the officer noticed an odor of alcohol, slurred
speech, and bloodshot eyes. The defendant was unsteady and
performed poorly on field sobriety tests. He blew a .136 in
the breath machine.
Result
The State dropped the DUI.
7/13/04 Case #04-14MM10A
Judge Murphy
Facts
The defendant was involved in an accident whereby he struck a
pole. The officer who observed the crash, stated he noticed
an odor of alcohol, slurred speech, and bloodshot eyes. The
defendant stated that he should not have gone out drinking
that night. The defendant was arrested for DUI and blew a
.166 in the breath machine.
Result
The DUI was dismissed.
7/6/04 Case #466367-W
Judge McWhorter
Facts The
defendant was stopped for obstructing traffic. The officer
observed bloodshot eyes, an odor of alcohol, slurred speech
and the defendant could not maintain his balance. The
defendant refused all sobriety tests. This was the
defendant's 2nd offense.
Defense A
deposition revealed that the arresting officer could not
conclude that the defendant was impaired throughout the
investigation.
Result
The State
dropped the DUI.
7/6/04 Case #085992-J
Judge Krieger-Martin
Facts The
defendant was involved in an accident in which the vehicle
flipped over. The trooper arrived and noticed an odor of
alcohol, slurred speech and the defendant appeared confused
and off balance. He performed poorly on roadside tests and
blew a .174 in the breath machine.
Defense
The defense filed a motion to suppress any and all statements
made as a result of a Miranda violation. The State agreed
with the motion and could not put the defendant behind the
wheel.
Result
The State
dropped the DUI.
7/1/04 Case #250999-W
Judge Newman
Facts
The defendant
was stopped for loud music coming from his car. When the
officer approached his car, he smelled an odor of alcohol,
bloodshot eyes, and slurred speech. A DUI officer was called
and the defendant performed poorly on field sobriety
exercises. The defendant refused to take the breath test.
Result
The State
dropped the DUI.
6/29/04 Case #04-005675MM10A
Judge Murphy
Facts
The defendant
was stopped for driving into the center median and running a
red light. The officer noticed an odor of alcohol, bloodshot
eyes, slurred speech, and the defendant was extremely
unsteady. A DUI officer was called and the defendant
performed poorly on field sobriety exercises. He blew a .185
in the breath machine.
Result
The State
dropped the DUI.
6/28/04 Case #413945-X
Judge Figarola
Facts
The defendant
was stopped for failing to maintain a single lane. The deputy
observed the defendant to have a side to side sway, slurred
speech and an odor of alcohol. According to the officer, the
defendant performed poorly on several field sobriety tests.
He blew a .146 in the breath machine.
Defense
Ready for
trial. A motion was filed alleging that the defendant was
unlawfully stopped.
Result
The State
dropped the DUI.
6/28/04 Case #289182-X
Judge Figarola
Facts
The defendant
was involved in a crash by driving into a fence. When the
officer arrived he noticed an odor of alcohol, bloodshot eyes,
slurred speech, and the defendant was unsteady. He was
transported to the police station to do field sobriety
exercises. At the station he blew a .165 in the breath
machine.
Defense
Ready for
trial. Motions were filed alleging that the defendant was
transported from the scene to the station without probable
cause to arrest.
Result
The State
dropped the DUI.
6/22/04 Case #03-41797CT
(Jury Trial) Judge Boles
Facts
The defendant
was stopped by the police for speeding by a Santa Rosa County
Deputy. The deputy observed the defendant to be uneasy on her
feet, have slurred speech and have an odor of alcohol. A DUI
officer was called to conduct field sobriety exercises on the
defendant. The officer alleged she did poorly on the roadside
tests which included the one leg stand and the walk and turn.
The defendant allegedly refused the breath test. An open
bottle of beer cold to the touch was found in the center
console. This was the defendant’s second offense within
five years of her last DUI conviction.
Result
The Jury found
the defendant NOT GUILTY.
6/16/04 Case #03-028571TCA08
Judge Cohen
Facts
The defendant
was stopped by the police for squealing his tires (improper
start) pursuant to Florida Statute 316.154. Once stopped, the
officer observed an odor of alcohol, slurred speech, and that
the defendant had difficulty standing. The defendant refused
the field sobriety tests stating he had medical problems with
his legs. On video back at the station, the defendant was
argumentative with police, off balance, slurring his words,
and he refused the breath test. This was the defendant’s
FOURTH OFFENSE.
Defense
The defense
filed a pre-trial motion to suppress all the evidence against
the defendant alleging that the stop of the defendant was
unlawful. Pursuant to Florida case law and Florida Statute
316.154, for there to be a traffic infraction committed for
squealing tires, other traffic or people have to be affected
by the alleged squealing of the tires. Here, there were no
vehicles or people affected since no one was around.
Result
The DUI was
dismissed.
6/15/04 Case #03-13374MM10A
Judge Zack
Facts
The defendant
was stopped while driving through a checkpoint. The officer
noticed a strong odor of alcohol and bloodshot watery eyes.
The defendant was unsteady exiting the vehicle, and swayed
from side to side throughout the investigation. The breath
test operator stated that the defendant had a flushed face and
slurred speech.
Result
The State
dropped the DUI on the morning of trial.
6/14/04 Case #252897-W
Judge Bloom
Facts
The defendant
was stopped for driving on the wrong side of the road by an
undercover police officer. Once stopped the officer held the
defendant at gun point and other officers arrived and detained
the defendant. After he was detained, the officer noticed an
odor of alcohol, slurred speech, and bloodshot eyes. A DUI
officer was called and the defendant performed poorly on all
roadside tests.
Defense
The defendant
was unlawfully placed into custody when the officer held him
at gun point and other officers surrounded him for no reason
other than the defendant tried walking into his house and no
DUI observations made until after the unlawful detention.
Result
The State
dropped the DUI.
6/14/04 Case #03-16821MM10A
Judge Diaz
Facts The
defendant was observed asleep at the wheel on the bridge over
the inter-coastal. The defendant’s eyes were extremely
bloodshot and he wreaked of alcohol. He stated he had “a few
too many.” His speech was slurred and his face was flushed.
The defendant failed every roadside test and blew a .150 in
the breath machine.
Defense
The defense
argued that the state failed to provide all of the necessary
discovery.
Result
The State
dropped the DUI.
6/10/04 Case #02-023972MM10A
Judge Diaz
Facts The
defendant was stopped by Florida Highway Patrol for running a
red light and almost crashing into the median on I-95. The
defendant told the trooper that he had 3 beers and rum and
coke. The trooper administered a series of sobriety tests
which the defendant allegedly failed.
Defense
The video
contradicted many of the trooper’s allegations. The defense
was ready for trial.
Result
The State
dropped the DUI.
6/4/04 Case #04-003395MM10A
Judge
Murphy
Facts
Officers came
in contact with the defendant and observed an odor of alcohol
on the defendant’s breath, slurred speech and blood shot
eyes. After performing poorly on all field sobriety tests,
the defendant was arrested for DUI and blew a .18 in the
breath machine.
Defense
Pursuant to
Florida Statute 901.15, a misdemeanor (such as a DUI) has to
occur in the presence of an officer. Here, no officer
observed an essential element of DUI, (ie. observing the
defendant driving or in actual physical control of a motor
vehicle).
Result
The DUI was
dismissed.
5/20/04 Case #03-021434MMA99
Judge Damico
Facts
The defendant
was stopped after allegedly failing to yield to a police
officer’s vehicle. Once stopped, the officer noticed an odor
of alcohol and slurred speech. Another officer was called to
the scene to administer field sobriety exercises. The officer
was in training and this was her second DUI investigation.
She observed the defendant to stagger as he walked and perform
poorly on roadside tests. The defendant was arrested for DUI
and refused the breath test. This was the defendant’s second
offense and marijuana was also found in the car.
Defense
The defense
filed motions to suppress alleging that the defendant was
unlawfully stopped because he did get out of the way of the
officer’s car and there was insufficient to arrest the
defendant based on the officer’s lack of recollection. In
deposition, the arresting officer could not recall any
specifics whatsoever of the roadsides tests. In fact, she said
she could not recall over 20 times. For example, she wrote
the defendant was unsteady walking down the line on the walk
and turn. She was asked in deposition, how many times did he
step off the line and what do you mean by unsteady? Her
response was “I do not recall.
Result
Motions
granted. The State dismissed the DUI and Marijuana charges.
5/17/04 Case #575347-X
Judge Prescott
Facts
The defendant
was involved in an accident in which she ran into a house.
The person who owns the house came outside and told her to
stay and wait for the police. The defendant took off and was
stopped in her car by another person in the neighborhood. She
was detained by that person until the police arrived. When
the police arrived, she told them she had been drinking and
had taken Xanax. The officers observed balance problems,
slurred speech, and odor of alcohol. She performed poorly on
roadside tests. She refused to take the breath test. She was
charged with DUI and Leaving the scene of an accident.
Defense
The defense
filed a motion that the defendant was illegally stopped by the
civilian witness and we announced ready for trial.
Result
The State
dropped the DUI.
5/14/04 Case #04-515MM10A
Judge Levenson
Facts The
defendant was stopped for swerving all over the road and
hitting a curb. The officer noticed bloodshot eyes, slurred
speech and an odor of alcohol on his breath. The defendant
failed all roadside tests and was arrested for DUI. He
subsequently blew a .186 and told the officers he had 6
icehouse beers. This was his 2nd DUI.
Defense
The defense filed a motion to suppress based on the deposition
taken of the arresting officer.
Result
The Judge
dismissed the charges.
5/10/04 Case #03-01743MM10A
(Jury Trial) Judge Zack
Facts The
defendant was stopped in a checkpoint. After being stopped, he
put the car in reverse. The officer noticed bloodshot eyes,
and a strong odor of alcohol on his breath. According to the
officer, the defendant failed all roadside tests. He
subsequently blew over the legal limit and told the officer “I
can’t believe 3 beers would to this to me.” Subsequent to
arrest the officer found beer in the car.
5/10/04 Case #317371-X
Judge Bloom
Facts The
defendant was stopped for driving off the roadway. Once
stopped, the stop officer stated the defendant had slurred
speech, and odor of alcohol, and could not stand up without
losing his balance. A DUI officer was called to the scene. The
defendant performed poorly on field sobriety tests according
to the officer. He blew a .10 in the breath machine after his
arrest.
Defense
In
depositions, the stop officer painted a picture the defendant
was a falling down drunk. This was contradicted by the DUI
officer’s report of the defendant’s
performance on field sobriety tests. The defendant, who they
claimed was a falling down drunk, only put his foot down one
time on the one leg stand, never swayed on the balance
exercise and hardly ever stepped off the line on the walk and
turn. His performance on the tests were inconsistent with
someone who could not even stand up straight. In addition, in
deposition, the DUI officer stated that the breath test
results could have been contaminated due to mouth alcohol
showing up on the breath card
printout.
Result
The State
dropped the DUI.
5/3/04 Case #574510-X
Judge
Pando
Facts
The defendant
was stopped for running a red light. Once stopped, the
officer observed an odor of alcohol, bloodshot eyes. The
defendant was also observed tripping over his feet when he
walked. A DUI officer was called out to conduct the
investigation. According to the officer, the defendant
performed poorly on roadside tests and was subsequently
arrested for DUI. He refused a breath test. This was the
defendant’s 2nd offense.
Defense
In deposition,
the officer could not remember many of the things in his report. In
addition, it was brought out that the defendant actually did
well on many aspects of the roadsides. For example, the
officer had the defendant perform the walk and turn. The
officer admitted in deposition that the defendant never
stepped off the line and never raised his arms for balance.
On the one leg stand, he performed that exercise twice. He
only put his foot down one time. This evidence was contrary
to the first officer saying he could barely walk at all.
Result
The State
dropped the DUI.
4/22/04 Case #03-004192MM10A
Judge
Diaz
Facts
The
defendant’s vehicle was stopped for swerving off the road.
The officer stated that the defendant and another person in
the vehicle switched seats. The officer noticed bloodshot
eyes, slurred speech and an odor of alcohol. According to the
officer, the defendant failed all roadside tests. She was
arrested and blew a .103 in the breath machine.
Defense
The defendant
was physically placed in the driver’s seat by the other person
in the vehicle. Therefore, the defendant was only in physical
control of the vehicle as a result of duress.
Result
The State
dropped the DUI.
4/21/04 Case #02-010912MM10A
Judge
Robinson
Facts
The defendant
was stopped for almost colliding with 2 pedestrians. Inside
his vehicle was a bottle of alcohol. The officer noticed
bloodshot eyes, slurred speech and an odor of alcohol on his
breath. The defendant was arrested and blew a .101 in the
breath machine.
Defense
The defense
argued that the pedestrians who complained of almost being hit
were unreliable. At the hearing, the officer testified that
the pedestrians had provided untruthful information in the
past.
Result
The State
dropped the DUI.
4/12/04 Case #245307-W
Judge Krieger-Martin
Facts
The defendant
was stopped due to driving erratically. Once stopped, the
officer observed the defendant to be dazed, off balance, have
an odor of alcohol, and slurred speech. He subsequently
called for a DUI officer to conduct roadsides. The defendant
performed very poorly on roadsides. He was arrested and
refused to take a breath test. This was the defendant’s
second offense.
Defense
A motion was
filed to exclude the roadsides. It was alleged that the
officer misinformed the defendant of the law in offering him
roadsides. The officer told the defendant his license would
be suspended if he did not do the roadsides. The State
conceded the motion due to the fact all the Florida Cases
supported our position. In addition, the two officers
contradicted each other on various points in their
depositions.
Result
The State
dropped the DUI.
4/5/04 Case #316853-X
Judge Bloom
Facts
An anonymous
caller called stating the defendant was driving erratically
through the parking lot at a shopping center. The officer
subsequently stopped the vehicle. The officer observed no
traffic infraction and no erratic driving pattern. The
officer observed the defendant to have an odor of alcohol,
slurred speech, and the defendant appeared off balance. The
defendant performed poorly on roadsides and he had marijuana
in the car. He blew a .256 in the breath machine.
Defense
A motion was
filed alleging the defendant was unlawfully pulled over by the
officer. The motion alleged that when there is an anonymous
call, the officer must either observe a traffic infraction or
some erratic driving pursuant to Florida Case Law. Here the
officer observed nothing. The State conceded the motion.
Result
The DUI was
dismissed.
3/29/04 Case #8365-BYS
Judge McWhorter
Facts
The defendant
was stopped for weaving and driving 25 mph in a 55 mph zone.
The defendant had slurred speech and was unsteady on his
feet. He performed poorly on roadsides. The officer believed
the defendant was impaired by drugs. A Drug recognition exam
was conducted and the Officer concluded the defendant was
impaired by marijuana.
Defense
Since
marijuana lasts in one’s system for up to 30 days, the State
could not prove when the defendant smoked the marijuana.
Result
The State
dropped the DUI.
3/29/04 Case #306336-X
Judge Figarola
Facts
The defendant
was stopped for weaving and driving without headlights. The
officer observed unsteadiness, an odor of alcohol, and slurred
and mumbled speech. He refused roadsides stating, "I’m drunk,
just arrest me and get this over with." That was according to
the officer. He refused to take a breath test.
Defense
The defendant
stated he said "If you think I’m drunk, just arrest me."
Result
The State
dropped the DUI.
3/24/04 Case #456379-W
Judge Newman
Facts
The defendant
was stopped by police when he was slumped over the wheel in
the roadway. The officers observed an odor of alcohol,
slurred speech, and he was uncooperative. He refused
roadsides and refused a breath test. His license was also
suspended and it was his 2nd offense.
Result
The State
dropped the DUI.
3/22/04 Case #082951-J
Judge Bloom
Facts
The defendant
was on the side of the road because
his car caught on fire. During a conversation with the
Trooper, the defendant
admitted to driving and drinking wine. The Trooper stated
that the defendant could not even stand up. Several roadsides
were conducted and according to the Trooper the defendant
failed all of them. He was arrested, and subsequently blew a
.202 in the breath machine.
Defense
The defense
filed a motion to suppress based on an unlawful arrest. Under
Florida Law (Statute 901.15), an officer has to observe a
misdemeanor in his or her presence. Here, no officer observed
the defendant either driving or in actual physical control of
the motor vehicle which is the first element of DUI. The
State conceded the motion.
Result
The State
dropped the DUI.
3/22/04 Case #411123-X
Judge Bloom
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