12/13/05 Case #05-003407TCA04
Judge
Evans
Facts
The defendant was stopped for
running a red light and squealing his tires. The two
officers observed an odor of alcohol, slurred speech, and
the defendant was fumbling looking for his license. He was
unstable on his feet and admitted to drinking beers. He
refused the roadside tests and the breath test.
Defense
In pre-trial depositions, it was learned
that the training officer had only made three DUI prior DUI
arrests and the trainee who was conducting the investigation
made only two prior DUI arrests. Their stories completely
contradicted each others in the depos and they did not know
how to properly conduct a DUI investigation. Further, a
motion to suppress the breath test refusal was granted prior
to trial because the officer told the defendant his license
would be suspended if he did not do the roadside tests.
(misinformation of the law) Thus, when he was told later
that if he refused the breath test his license would be
suspended, the breath test refusal was considered irrelevant
and therefore excluded.
Result
The State dropped the DUI.
12/12/05 Case #05-004972MMA04
Judge
Damico
Facts
The defendant was parked while
asleep in a church parking lot. The officers arrived on
scene with their overhead lights because a BOLO (be on the
lookout) had gone out about a disturbance on the road and
possibly impaired driver (ie. the defendant). No other
specifics were given in the BOLO. When the officers
arrived, they never spoke to the other deputies on the scene
and never spoke to the alleged victim about what allegedly
happened. They went straight up to the defendant's car and
ordered the defendant to roll down his window. They then
observed drug paraphernalia (a pipe) and an odor of alcohol.
The defendant admitted to having 5-6 beers and was very off
balance, staggering, and had slurred speech. He refused the
roadside tests and refused the breath test.
Defense
A pre-trial motion to suppress the stop
was filed alleging that the officers had no right to seize
the defendant by having their overhead lights on, blocking
the defendant in so he could not back out of his parking
space, and additionally no authority to order him to roll
down his window. The State's biggest problem was the the
fact that the officers never spoke to anyone about any
specifics of intoxication or a road-rage incident prior to
seizing the defendant. The judge granted the motion and
threw out all the evidence.
12/12/05 Case #05-004267TCA02
Judge
Evans
Facts
The defendant was stopped for
tailgating and driving in a careless manner. The officers
who stopped the defendant were undercover officers and not
DUI officers. They observed an odor of alcohol, bloodshot
eyes, and slurred speech. They stated the defendant
performed poorly on roadside tests (no video at the scene)
and he blew a .181 in the breath machine after his arrest
for DUI. The breath test was video taped at the breath
testing facility.
Defense
On video, the defendant asked several
times to use the bathroom, however, the officers would not
let him use the facilities. He even asked several times
prior to taking the test which was not on video, but was
still not allowed until he gave a breath sample. A motion to
suppress the breath test was filed alleging that the
defendant was coerced into taking the breath test and that
the defendant's due process rights were violated in that it
would have taken one minute to let him use the rest room.
Also, under Florida law, the officers are required to
conduct a 20 minute observation of the defendant prior to
him blowing in the machine. However, in pre-trial
depositions, no one could remember who was responsible for
the 20 minute observation. We filed a motion based on those
grounds as well. Further, in depositions, the officers had
no clue how to conduct roadside tests due to their lack of
DUI training.
Result
The State read the depositions, watched
the video, and conceded the motions. The State dropped the
DUI.
12/12/05 Case #05-016119MM10A
Judge
Zack
Facts
The defendant lost control of his
vehicle and crashed into another car. The officer noticed
that the defendant had an odor of alcohol and bloodshot
watery eyes. The defendant stated that the passengers in
his vehicle were even more trashed than he was. He also
stated that he had a few beers at hooters. It should be
noted that the defendant was also on felony probation for
burglary, grand theft and drugs.
Defense
The defense filed a demand for a speedy
trial as well as a motion to suppress the statements.
Result
The Judge threw out the statements and
the State dropped the DUI. He was also reinstated on
probation.
12/6/05 Case #05-MM-9769
Judge
Shoemaker
Facts
The defendant was stopped for
speeding and cutting through lanes of traffic. The officer
observed an odor of alcohol, slurred speech, staggering, and
bloodshot eyes. The officer also found beers in the car.
The defendant refused the roadside tests and the breath
test. Everything was on video tape.
Defense
The videos, both at the scene and the
station, contradicted everything the officer wrote in his
reports about his observations of the defendant. Ready for
trial.
Result
The DUI was dismissed.
12/2/05 Case #05-004919TCA02
Judge
Damico
Facts
The defendant was stopped for
failing to maintain a single lane. The officer observed an
odor of alcohol, sluggish speech, and bloodshot eyes. The
defendant allegedly performed poorly on roadside tests which
were video taped. The defendant admitted drinking bud light
and rum shots. He blew a .124 in the breath machine after
his arrest for DUI.
Defense
A pre-trial motion was filed to suppress
the breath test results. On video, the arresting officer
told the defendant that if he blew over the legal limit "he
may be eligible to get a hardship license for work and
school, but if he did not take the breath test his license
would be suspended for one year." We argued the defendant
was coerced and misled since a person would be eligible for
a hardship permit even on a first refusal in which the
officer neglected to tell the defendant. The judge granted
the motion and threw out the breath test results. Also, the
video of the defendant's roadsides contradicted the
officer's reports about the defendant's performance on the
roadside tests.
Result
The State dropped the DUI.
11/30/05 Case #04-026609MM10A
Judge
Berman
Facts
The defendant was stopped for
crossing three lanes of traffic without putting on her
signal and then running a red light. A DUI task force
deputy was subsequently asked to perform a criminal
investigation for DUI. He observed a strong odor of
alcohol, bloodshot eyes and a flushed face. On video, the
defendant stated she had come from a club and had a couple
of drinks. The defendant refused to perform any sobriety
testing and was arrested for DUI.
Defense
Ready for trial.
Result
On the morning of trial, the State
Attorney's Office dropped the DUI.
11/28/05 Case #297124-X
Judge
Gayles
Facts
The defendant was stopped for
careless driving and speeding. The officer who made the
traffic stop observed an odor of alcohol, slurred speech,
and wrote the defendant was completely off balance and used
the car to maintain his balance. A DUI officer was called
to conduct roadside tests and the defendant was arrested for
DUI. He refused the breath test and this was the
defendant's second offense.
Defense
The defendant's field sobriety exercises
conducted by the DUI officer contradicted the stop officer's
observations that the defendant was totally off balance and
unsteady.
Result The State dropped the DUI.
11/21/05 Case #061297-J
Judge
Ortiz
Facts
The defendant was involved in a
crash in which she hit a barrier wall on the highway. When
the trooper arrived on scene, he observed an odor of
alcohol, slightly slurred speech, and a sway. The roadside
exercises were video taped by the trooper which is very
rarely done in Dade County. She was arrested for DUI and
blew a .108 in the breath machine after her arrest.
Defense
The video contradicted the officer's
reports and the State could not prove actual physical
control as the defendant was outside her vehicle when the
police arrived.
Result The State dropped the DUI.
11/15/05 Case #05-002010MM10A
Judge
Cowart
Facts
The defendant was stopped for driving 105mph. The Trooper
observed an odor of alcohol, bloodshot eyes and slurred
speech. The defendant was allegedly unsteady on his feet as
he walked to the rear of his car. The defendant was asked
to perform a series of field sobriety tests and was
subsequently arrested for DUI.
Defense
After performing a public records request the defense
determined that the arresting officer had serious
credibility issues.
Result The State dropped the DUI.
11/14/05 Case #05-016303TCAO4
Judge
Damico
Facts
The defendant was involved in a traffic crash after driving
at a high rate of speed. The defendant ended up smashing
into a median and then a tree. The air bags deployed and the
vehicle was mangled. Paramedics and the police arrived on
scene. The officer on scene noticed an odor of alcohol on
the defendant, slurred speech, and he was completely
unsteady. The paramedics put him on a stretcher due to his
head injuries. In the ambulance, the officer asked the
defendant for a blood sample since a breath test would have
been impossible as the defendant was going to be transported
to the hospital. The blood tests revealed a blood alcohol
level of .26 which is over three times the legal limit. The
defendant was not arrested until after the blood results
came back from the lab.
Defense
A pre-trial motion to suppress the blood was filed alleging
that since the officer did not read the defendant Florida's
Implied Consent (ie. explaining to him that he could lose
his license if he refused the blood draw), the blood should
be excluded pursuant to Florida Statute 316.1932(1)(C) and
applicable Florida case law. Under that Statute, if blood
is taken at a medical facility, which includes and
ambulance, and a breath test is impractical and impossible,
the officer shall read implied consent to the defendant.
Result
The Judge agreed after reading the Statute and case law
provided, granted the motion, and threw out the blood
result.
11/14/05 Case #286034-X
Judge
Newman
Facts
The defendant was stopped for driving at a high rate of
speed and almost colliding with another vehicle. The
officer observed an odor of alcohol, slurred speech,
bloodshot eyes, and he looked disoriented. He refused the
roadside tests and breath test. This was the defendant's
second offense.
Defense
In a pre-trial deposition of the arresting officer, he
stated that he did not even place the defendant under arrest
for DUI at the scene and was waiting to see what he would
blow in the machine. That is improper under Florida Law.
Also, he contradicted his reports in his pre-trial testimony
(ie. the deposition).
Result The State dropped the DUI.
11/7/05 Case #CT-2732-XAM
Judge
Fernandez
Facts
The defendant was stopped for
weaving all over the road. The officer noticed and odor of
alcohol, bloodshot eyes, and slurred speech. The defendant
stated she had several drinks. She performed poorly on
roadside tests according to the officer on video and then
blew a .098 (above the legal limit) in the breath machine
after her arrest for DUI.
Defense
The video contradicted the officer's
reports and testimony.
Result
The State dropped the DUI.
10/18/05 Case #05-009285MMA
Judge
Herr
Facts
The defendant was stopped for
running a red light and speeding. The officer observed an
odor of alcohol, he fumbled getting his driver's license
paperwork, and had bloodshot eyes. Further, the defendant
had urine on his crotch area and he admitted having a few
drinks. He refused roadside testing and he also refused the
breath test.
Defense
We convinced the State they could not
prove the defendant's normal faculties were impaired. They
conceded based on the officer's testimony and reports.
Result
The State dropped the DUI.
10/3/05 Case #501146-W
Judge
Newman
Facts
The defendant was stopped for
following too closely and weaving through traffic. The
officer noticed a strong odor of alcohol, bloodshot eyes and
a flushed face. The defendant failed all field sobriety
tests and was arrested for DUI.
Defense
In pre-trial depositions, the officer
contradicted his own reports.
Result
The State dropped the DUI. This is the
2nd DUI that the firm won for this defendant.
10/3/05 Case #508960-X
Judge
Newman
Facts
Police dispatch advised that the
defendant was fighting with other occupants in a vehicle.
One of the occupants allegedly pulled out a gun. The
officer who stopped the defendant noticed an odor of
alcohol, bloodshot eyes and slurred speech. Upon exiting,
the officer stated that the defendant was extremely unsteady
on his feet. The defendant failed roadside sobriety tests
and was arrested for DUI.
Defense
The defense argued that the officer never
had any corroboration about the altercation in the vehicle.
As a result, the officer had no right to stop the defendant.
Result
The State dropped the DUI.
10/3/05 Case #05-3176MM10A
Judge
Murphy
Facts
The defendant was involved in a
hit and run accident which was witnessed by two other
individuals. He was subsequently stopped by a Florida
highway patrolman. The Trooper noticed that the defendant
was off balance, smelled like alcohol and had bloodshot eyes
and slurred speech. The Trooper stated the defendant failed
each field sobriety test and he was subsequently arrested
for DUI and leaving the scene of an accident. During the
investigation, the defendant admitted to being the driver
involved in the crash. At the breath alcohol testing
facility the defendant blew a .156 in the breath machine.
Defense
At a motion to suppress, the defense
argued that there was no corpus delecti to admit the
defendant's statements into evidence.
Result
At the conclusion of the motion to
suppress, the State dropped the DUI.
9/27/05 Case #2005-CT-003163
Judge
Spoto
Facts The
defendant was stopped for accelerating out of a parking lot
at a high rate of speed. The officer observed an odor of
alcohol, glassy eyes, slurred speech, and a dazed look on
his face. The defendant was unsteady upon exiting his
vehicle and then performed poorly on roadside tests. The
defendant blew a .094 (above the legal limit of .08) after
his arrest for DUI.
Defense
The defense filed a pre-trial motion to suppress the
lawfulness of the initial stop of the defendant's vehicle.
Pursuant to Florida Statute 316.154 (the improper start
statute) and Florida case law, other traffic or the safety
of others has to be affected by the alleged improper start.
Here, the officer testified there were no other cars or
people around when the defendant spun his tires at a high
rate of speed.
Result The Judge granted the motion
and threw out all the evidence in the case.
9/23/05 Case #03-031656TCA04
Judge
Cohen
Facts The
defendant was stopped by police for making an alleged
improper u-turn at an intersection. The officer observed
and odor of alcohol, slurred speech, and glassy eyes. The
defendant admitted drinking two beers along with stating she
took Vicodin and Zoloft. She performed poorly on roadside
tasks and refused the breath test after her arrest for DUI.
Defense A
pre-trial motion to suppress was filed alleging that the
stop of the defendant's car was unlawful. Since no traffic
was affected by the defendant's turn and there was no sign
indicating the turn could not be made, the State conceded
the motion.
Result
The State dropped the DUI.
9/23/05 Case #04-22314MM10A
Judge
Lerner-Wren
Facts The
defendant was stopped by police due to a dispatch about a
"drunk driver" who was driving erratically and slow on I-75.
The officer located the vehicle driven by the defendant
which matched the description given by the anonymous
caller. The officer noticed an odor of alcohol, slurred
speech, unsteadiness, and bloodshot eyes. The officer also
saw two plastic cups with alcohol under the driver's seat
and a bottle of wine in back seat area. The defendant could
not perform roadside tasks and she was arrested for DUI. The
defendant blew a .160, twice the legal limit, in the breath
machine after her arrest for DUI.
Defense A
pre-trial motion to suppress was filed in the case alleging
that the stop of the defendant's car was unlawful. Under
Florida law, when there is an anonymous call, the police
must have corroboration, (ie. see some erratic driving
pattern consistent with the call since the caller is
unknown). Here, the officer observed nothing prior to making
the traffic stop. The Judge granted the motion and threw
out all the evidence.
Result The DUI was
dismissed.
9/19/05 Case #2005-CT-001807A
Judge
Yacucci
Facts The
defendant was stopped for swerving into another lane almost
colliding with a police officer. The officer smelled an
odor of alcohol, bloodshot eyes as well as slurred speech.
The defendant admitted to having a couple of beers. After
conducting the first field sobriety test, the defendant
refused to continue. He was subsequently arrested for
DUI. This was the defendant's 2nd offense.
Defense
On video, the officer stated that he gets "pissed off" when
the subject refuses to continue. The defense announced
ready for trial.
Result
The State dropped the DUI.
9/19/05 Case #306659-X
Judge
McWhorter
Facts The
defendant was stopped for running a red light. The initial
officer observed an odor of alcohol, slurred speech, and
unsteadiness on his feet. The DUI officer observed the same
characteristics. The defendant refused the field sobriety
tests and was arrested for DUI. This was the defendant's
3rd offense for DUI.
Defense
Through pre-trial depositions the defense was able to
establish a lack of impairment.
Result
The State dropped the DUI.
9/19/05 Case #082808-J
Judge
Gayles
Facts The
defendant was stopped for speeding. The officer observed an
odor of alcohol, slightly slurred speech, and watery eyes.
The defendant initially refused roadsides tests and then
while being hand cuffed agreed to perform them. According
to the officer, he performed poorly. After his arrest for
DUI, he blew a .179 in the breath machine.
Defense
In a pre-trial deposition of the officer, she admitted that
she observed no impairment prior to handcuffing the
defendant. We filed a pre-trial motion to suppress that
there was no probable cause (insufficient evidence of
impairment) to make the arrest prior to placing him in
custody (the act of putting him in cuffs). The State read
the deposition and agreed. Further, we also showed the
State that the breath machine failed the annual inspection
and therefore the breath results would have been
inadmissible in evidence.
Result
The State dropped the DUI.
9/19/05 Case #285935-X
Judge
Ortiz
Facts The
defendant was involved in an accident whereby he ran a red
light and struck another car. The officer's observed an
odor of alcohol and slurred speech. He allegedly performed
poorly on roadside tests and blew a .210 in the breath
machine.
Defense
In a pre-trial deposition, the arresting officer was
questioned about his experience working the breath machine.
After lengthy questioning, he admitted the breath results
may not be valid. Further, he could not remember any
specifics of the field sobriety tests even after reading his
reports.
Result The State dropped the DUI.
9/8/05 Case #508542-X
Judge
Krieger-Martin
Facts The
defendant was stopped for running a red light and driving at
a high rate of speed. The officers observed an odor of
alcohol, slurred speech, and bloodshot eyes. The DUI
officer alleged the defendant performed poorly on roadside
tests in his reports. The defendant refused the breath
test.
Defense
In pretrial depositions of the two officers, they
contradicted each other's stories about the defendant's
condition at the scene. Furthermore, they could not remember
almost all of the specifics of the roadside tests.
Result
The State dropped the DUI.
9/1/05 Case #2005-CT-001413
Judge
Henderson
Facts The
defendant was stopped for swerving. The officer noticed an
odor of alcohol and unsteadiness. The defendant performed poorly on
roadside tests on video at the scene. She refused the
breath test and also admitted she was drunk on video.
Defense
The defense filed a pre-trial motion to suppress the field
sobriety tests arguing that the defendant was coerced into
performing them.
Result The Judge granted the
motion and threw out all the roadside tests.
8/31/05 Case #CT-5289-XAM
Judge
Dominguez
Facts The
defendant was stopped for drifting and speeding. The
officer observed an odor of alcohol, bloodshot eyes, and the
defendant admitted drinking. She allegedly performed poorly
on roadside tests and subsequently refused the breath test.
This was the defendant's second DUI.
Defense
The video contradicted the officer's reports.
Result
The State dropped the DUI.
8/30/05 Case #04-007727MM10A
Judge
Lazarus
Facts The
defendant was stopped for driving on the wrong side of the
road almost hitting a marked police car. The officers
observed an odor of alcohol, bloodshot eyes, and he
performed poorly on roadside tests according to the
officer's report. There was no video at the scene. The
defendant was arrested for DUI and blew a .088 in the breath
machine. The defendant admitted drinking five vodkas on
video at the station.
Defense
In a pre-trial deposition of the arresting officer, we got
him to admit that he had no idea if the defendant was
actually DUI due to his lack of recollection of the
specifics of the roadside tests and other observations at
the scene. We then filed a motion to suppress for lack of
probable cause to make the arrest which the State stipulated
to after reading the deposition testimony.
Result
The State dropped the DUI.
8/29/05 Case #286145-X
Judge
Gayles
Facts The
defendant was stopped for driving on the wrong side of the
road. The officers observed an odor of alcohol, slurred
speech, and unsteadiness. He performed poorly on roadside
tests and blew a .11 in the breath machine.
Defense
Prior to trial, the officers had a lack of recollection of
the specifics of the roadside tests and they also
contradicted their reports. Ready for trial.
Result
The State dropped the DUI.
8/29/05 Case #286182-X
Judge
Bloom
Facts The
defendant was involved in an accident in which he crashed
head on with a sign and then a fire hydrant. The officer
who saw the accident observed the airbags deployed and
smelled an odor of alcohol, and slurred speech. A DUI
officer was called, however, no roadside tests were
conducted due to the defendant's condition. He was
completely off balance. The defendant refused the breath
test.
Defense
In a pre-trial deposition, the arresting officer admitted he
could not say whether the defendant was impaired by alcohol
versus being impaired by the head on collision in which he
defendant's head hit the air bag. Thus, the State could not
prove beyond a reasonable doubt the defendant was impaired
by alcohol.
Result The State dropped the DUI.
8/29/05 Case #412912-X
Judge
Ortiz
Facts The
defendant was stopped by police when he was found slumped
over the wheel at a red light unconscious. The officer
observed an odor of alcohol, and slurred speech. The
defendant performed poorly on roadside tests and blew a .127
in the breath machine.
Defense
In a pre-trial deposition, the officer who found the
defendant stated the defendant did not have any capability
to operate the vehicle. Thus, the State could not prove he
was in actual control. Ready for trial.
Result The
State dropped the DUI.
8/25/05 Case #05-008268TCA02
Judge
Burton
Facts The
defendant was stopped for swerving. The officer noticed an
odor of alcohol, slurred speech, and that the defendant was
very unsteady. He performed poorly on the roadside tests
according to the officer. The defendant blew a .199 in the
breath machine.
Defense
The defense excluded the breath test results prior to trial
due to the sheriff's office having too many people perform
the maintenance and not knowing who did what during the
testing. Further, the video at the station (there was none
at the scene) contradicted the officer's reports about the
defendant's condition as he appeared sober at the station.
Result
The DUI was dismissed.
8/17/05 Case #CT-005806-XAM
Judge
Fernandez
Facts The
defendant was stopped for illegally driving through a safety
zone on the roadway. Once stopped, the officer noticed an
odor of alcohol and watery eyes. He performed poorly on
roadside tests according the the officer and then he refused
the breath test. He admitted to having four beers on video.
Defense
The video contradicted the officer's testimony and reports.
Result
The State dropped the DUI.
8/15/05 Case #05-007552A02
Judge
Evans
Facts The
defendant was stopped by police for driving over 100 miles
per hour and he slid into the intersection at a red light.
A DUI officer was called out and noticed an odor of alcohol,
slightly slurred speech, and the defendant admitted to
having a crown royal and coke and one long island iced tea.
He performed poorly on roadside tests on video tape and
subsequently refused the breath test.
Defense
The defense filed a pre-trial motion to exclude the roadside
tests. On video, the officer told the defendant that when
he got his driver's license he agreed to all sobriety tests
required by law as stated on his Driver's License. One is
only technically required to perform a breath, blood, or
urine test under Florida Law pursuant their D/L, NOT
roadside tests. Based on this misinformation and misleading
statement by the officer, the Judge granted motion and threw
out the roadside tests. All Florida case law supported our
position.
Result The State dropped the DUI.
8/15/05 Case #508426-X
Mills-Francis
Facts The
defendant was involved in a head on collision in which she
left the scene of the accident. She was subsequently
stopped by police based on a BOLO (Be on the lookout) for
her car. Once stopped, the officer noticed an odor of
alcohol and called for a DUI officer. The DUI cop observed
slurred speech, an odor of alcohol, and she performed poorly
on roadside tests. She refused the breath test. The
defendant was arrested for both DUI and Leaving the Scene of
an Accident.
Defense
We alleged the stop was unlawful as the BOLO was not
specifically detailed as required by Florida case law. Ready
for trial.
Result The State dropped the DUI.
8/15/05 Case #CT-731360-X
Judge
Barber
Facts The
defendant was stopped by police as he was parked half on a
curb and half on the road. He was passed out behind the
wheel sitting on his keys. The officer noticed he could not
stand, had an odor of alcohol, and very slurred speech. He
performed poorly on roadside tests and blew a .149 in the
breath machine. Everything was on video tape.
Defense
The defendant was not in actual physical control of the
vehicle as he was passed out and sitting on his keys. Thus,
he had no capability to operate the vehicle. Also, the
officer who pulled behind the defendant turned on his
overhead lights without observing any traffic infraction
which was an illegal seizure under Florida case law.
Result
The State dropped the DUI.
8/11/05 Case #05-1140MM10A
Judge
Zack
Facts The
defendant was stopped for failing to maintain a single lane,
not signaling, and making wide turn. The officer noticed an
odor of alcohol, slurred speech, and bloodshot eyes. The
defendant performed poorly on roadside tests and blew a .157
in the breath machine after his arrest for DUI.
Defense A
pre-trial motion to suppress the filed alleging the stop was
as unlawful. We argued that no traffic was affected and the
defendant's driving pattern did not rise to the level of a
traffic infraction and that the driving pattern did not rise
to the level of being an impaired driver as the officer
testified.
Result The Judge GRANTED the motion and
threw out all the evidence in the case.
8/8/05 Case #062669-J
Judge
Mills-Francis
Facts The
defendant was stopped for driving on the wrong side of the
road. The officer noticed an odor of alcohol, slurred
speech, and unsteadiness. No roadside tests were conducted
for safety reasons on the road. The defendant blew a .183
in the breath machine after his arrest for DUI.
Defense
The State had insufficient evidence of impairment due to the
fact no roadside tests were conducted at the scene.
Result
The State dropped the DUI.
8/2/05 Case #04-022314MM10A
Judge
Lerner-Wren
Facts The
defendant was stopped because a caller stated that a woman
was driving 10 MPH on the highway and appeared intoxicated.
The officer saw the defendant exiting the highway at a slow
rate of speed and failing to maintain a single lane. The
officer smelled an odor of alcohol, bloodshot eyes and
slurred speech. The defendant was arrested for DUI and a
bottle of wine was recovered from the car. She later blew a
.160 in the breath machine. This was the defendant's 2nd
offense.
Defense
Counsel for the defense filed a motion to suppress the
stop. At the hearing, the officer testified that the
defendant was driving slowly while improperly using her turn
signal. This testimony was impeached with prior testimony
from a deposition.
Result The motion was granted.
All evidence was thrown out.
7/27/05 Case #04-019541MM10A
(Jury Trial)
Judge
Lazarus
Facts The
defendant was stopped for driving 93mph in a 65mph zone.
The defendant was seen placing a beer can in the back seat
of the truck. The Trooper later searched the vehicle and
found beer cans in the back seat. The Trooper pulled out
the beer cans on video. The defendant first denied
drinking, and later admitted to drinking. The Trooper
testified in trial that the defendant failed the sobriety
tests including the one leg stand which he discontinued for
no reason. The Trooper also testified that the defendant
fell back on the walk and turn test. The defendant was
subsequently arrested for DUI, and open container.
Defense
Ready for trial.
Result The defendant was found
NOT GUILTY.
7/26/05 Case #05-006538TCA04
(Jury Trial)
Judge
Moyle
Facts The
defendant was stopped for speeding. Once stopped, the
officer observed an odor of alcohol, bloodshot eyes, a
flushed face and slow speech. He testified the defendant
was swaying and walking "gingerly." The defendant performed
the walk and turn and one leg stand exercises at the scene.
He could not do the one leg stand and put his foot down
several times. He was video taped at the scene and at the
station after his arrest. He refused the breath test and
this was the defendant's second offense.
Defense
We argued the State could not prove the defendant's "normal
faculties were impaired" which is required by Florida law
even though he had some trouble performing the walk and turn
and could not even do the one leg stand. Also, the officer's
testimony was contradicted by the video tape.
Result
The Jury found the defendant NOT GUILTY in twenty minutes.
7/25/05 Case #CT-728275-X
Judge
Thomas
Facts The
defendant was involved in an accident in which he crashed
into an apartment complex gate. The officer at the scene
noticed an odor of alcohol, slurred speech, and he was
unsteady. He admitted to consuming a couple of beers and
was transported to the hospital for his injuries. At the
hospital, a DUI officer arrived and asked to him to
volunteer to give a blood test to determine his alcohol
level and the defendant agreed. The DUI officer noticed the
same observations as the first officer. He was not arrested
at that time because the officer was going to wait for the
blood results to see if they were over the legal limit of
.08. After the blood was analyzed, the results were a .139
(over the legal limit) and the defendant was subsequently
arrested by the same DUI officer.
Defense A
pre-trial motion was filed to exclude the blood results
alleging that the blood was improperly taken pursuant to
Florida Statutes. We alleged that pursuant to the Statute,
the officer was required to read Florida's implied consent
and tell the defendant that he could lose his license if he
did not give blood. This was because a breath test was
impossible since he was at the hospital. The State agreed
and just prior to the hearing they conceded the motion.
Result
The State dropped the DUI.
7/25/05 Case #086441-J
Judge
Mills-Francis
Facts The
defendant was stopped for speeding. Once stopped, the
officer noticed an odor of alcohol, slurred speech and
bloodshot eyes. He noticed the defendant to stagger and
perform poorly on roadside tests. The defendant refused the
breath test.
Defense
The officer contradicted his reports with his pre-trial
deposition testimony.
Result The State dropped the
DUI.
7/15/05 Case #05-010227TCA04
Judge
Moyle
Facts The
defendant was stopped for failing to move over for a police
vehicle. Once stopped, the officer observed an odor of
alcohol and she performed poorly on roadside tests according
to the officer. She then blew a .153 in the breath machine.
Defense
The defense attacked the reliability of the breath test
results prior to trial. The State conceded the breath test
results would have been inadmissible at trial.
Result
The DUI was dismissed.
7/11/05 Case #574171-X
Judge
Ortiz
Facts The
defendant was stopped for weaving. Once stopped , the
officers observed an odor of alcohol, slurred speech, and
unsteadiness. The defendant did not perform roadside tests
stating he had too much to drink and then he refused the
breath test.
Defense
Ready for trial.
Result The State dropped the DUI.
7/8/05 Case #04-034342TCA08
Judge
Damico
Facts The
defendant was stopped for weaving. The officer noticed an
odor of alcohol and she admitted to drinking wine. She
allegedly performed poorly on field sobriety tests on video
and blew a .17 in the breath machine after her arrest for
DUI.
Defense
The defense raised questions about the validity of the
breath tests results prior to trial and the video
contradicted the officer's reports.
Result The DUI
was dismissed.
7/5/05 Case #04-010024MM10A
Judge
Diaz
Facts The
defendant was stopped for speeding. Once stopped, the
officer observed an odor of alcohol, glassy eyes, and the
defendant admitted to having three beers. He performed
poorly on roadside tests according to the officer and blew a
.164 in the breath machine after his arrest for DUI.
Defense
Ready for trial.
Result The State dropped the DUI.
7/1/05 Case #05-003722TCA08
Judge
Burton
Facts The
defendant was stopped for driving on the wrong side of the
road. Once stopped the officer, the officer observed an odor
of alcohol, unsteadiness, and glassy eyes. He performed
poorly on roadside tests and blew a .172 in the breath
machine.
Defense
The video contradicted the officer's reports and the defense
raised questions about he validity of the breath test
results prior to trial.
Result The DUI was
dismissed.
6/20/05 Case #04-534418WTWS-16
Judge
Salton
Facts The
defendant was involved in an accident in the middle of an
intersection. The DUI officer observed an odor of alcohol,
slow and slurred speech, and a sway to the defendant's
stance.
He allegedly performed poorly on roadside tests according to
the officer and he took a breath test which he blew a .081
which is above the legal limit.
Defense
Ready for trial.
Result Immediately prior to jury
selection the State dropped the DUI.
6/15/05 Case #04-017618MM10A
Judge
Robinson
Facts The
defendant was stopped for weaving. The officer noticed an
odor of alcohol, slurred speech, the defendant admitted to
having 3-4 beers, and he stumbled while getting out of the
car. He refused the roadside tests and breath test.
Defense
The defense filed a pre-trial motion to exclude the
defendant's refusal to conduct field sobriety tests. The
Judge granted the motion after finding the officer to not be
credible due to the defense cross examination of the
officer.
Result The State dropped the DUI.
6/14/05 Case #CT-006317-XAF
Judge Barber
Facts The
defendant was stopped for weaving. The officer noticed an
odor of alcohol and bloodshot eyes. The defendant performed
poorly on roadside tests according to the officer which were
video taped. She admitted drinking to the officer and blew
a .094 in the breath machine.
Defense
The video contradicted the officer's reports regarding her
performance on the roadside tests.
Result The
State dropped the DUI.
6/14/05 Case #04-005538TCA04
(Jury Trial)
Judge Damico
Facts The
defendant was found slumped over the wheel in the driver's
seat of his car with the engine running by an officer in a
public parking lot. The vehicle was in the park position and
parked crooked. The officer found the defendant based on a
call about a suspicious person in the public parking lot.
The officer testified the defendant was out cold and it took
about a minute just to wake him. He had to bang on the
window, open the door, shake the defendant, and call out to
him several times before the defendant responded. The
defendant reeked of alcohol according to the officer. A DUI
officer was called to the scene and the defendant could
hardly speak or stand on video. He admitted being drunk and
refused all roadside testing and breath testing.
Defense
The Defense got the first officer on scene to admit at jury
trial that the defendant had no capability to operate the
vehicle while he was out cold. That was an essential
element the State had to prove to show the defendant was in
actual physical control of a motor vehicle since there was
no evidence of driving. Under Florida law, the State can
try to prove someone is DUI either by proving they were
driving or in actual physical control of a motor vehicle
while their normal faculties were impaired.
Result
The Jury took only FIVE MINUTES to find the defendant NOT
GUILTY.
6/14/05 Case #04-023383TCA04
Judge Damico
Facts The
defendant was stopped for driving all over the roadway. The
officers smelled an odor of alcohol, slurred speech,
bloodshot eyes, and the defendant stated she had a couple of
drinks. Acccording to the DUI officer, she performed poorly
on field sobriety tests and then blew a .144 in the breath
machine.
Defense
The video at the scene contradicted the officer's reports
about her performance on roadside tests. In addition, the
defense raised questions about the validity of the breath
tests results prior to trial.
Result
The DUI was dismissed.
6/13/05 Case #05-000855TCA04
Judge Evans
Facts The
defendant was stopped for driving the wrong way on a one way
street. Once stopped, the officer observed an odor of
alcohol, slurred speech and he admitted to having three
drinks. He performed poorly on roadside tests according to
the officer which was video taped and he blew a .130 in the
breath machine.
Defense
The defense raised questions about the validity of the
breath tests results pre-trial and the State conceded.
Result
The DUI was dismissed.
6/13/05 Case #2004-MM-02167-A-K
Judge Miller
Facts The
defendant was stopped for cutting off another vehicle. The
officers observed an odor of alcohol, slurred speech and
bloodshot eyes. He refused roadside tests and the breath
test. This was the defendant's second offense.
Defense
Ready for trial.
Result The State dropped the DUI.
6/13/05 Case #CT-627191-X
Judge Thomas
Facts The
defendant was stopped for speeding. Once stopped, the
officer noticed an odor of alcohol, slurred speech, and
watery eyes. She performed poorly on roadside tests and
refused the breath test.
Defense
The video contradicted the officer's reports and pre-trial
testimony.
Result The State dropped the DUI.
6/9/05 Case #03-28579MM10A
Judge Gehl
Facts The
defendant was involved in a hit and run accident. The
victim followed the defendant and eventually forced him to
pull over. The investigating officer noticed a strong odor
of alcohol, bloodshot eyes and a flushed face. When he was
outside the vehicle the officer stated that he almost fell
over. Witnesses who were with the defendant stated he had
several rum and cokes. The defendant was arrested for DUI.
Defense
The defendant filed two motions to suppress. First, that
the defendant was improperly advised about the consequences
of refusing the field sobriety tests. Second, that the
defendant was read Miranda prior to requesting a breath test
and requested an attorney.
Result The State
conceded the motions to suppress and dropped the DUI.
6/7/05 Case #2005-CT-141-A
Judge Todd
Facts The
defendant was stopped for running a red light, hitting a
curb, and weaving several times. The officer noticed the
defendant to have an odor of alcohol, glassy eyes, and be
very off balance and unsteady. He performed the walk and
turn exercise poorly and refused to continue with the rest
of the tests. He then refused the breath test. The
officer noticed twelve Heineken beer caps in his car.
Defense
Ready for trial.
Result The State dropped the DUI.
6/2/05 Case #05-001675-CT-A-1
Judge Barnes
Facts The
defendant was stopped for driving over 100 miles per hour.
Once stopped, the officer smelled an odor of alcohol, a sway
to his stance, and the defendant was arguing with the
police. He also had slurred and mumbled speech and
bloodshot eyes. The defendant refused roadside tests and
refused the breath test.
Defense
Ready for trial.
Result The DUI was dismissed.
5/24/05 Case #03-19640MM10A
(Jury Trial)
Judge Lazarus
Facts The
defendant was seen by a deputy crashing into a motor
scooter. The deputy said the defendant stumbled out of the
vehicle and had a strong odor of alcohol on his breath. He
also noticed bloodshot eyes slurred speech and a flushed
face. The DUI deputy arrived and asked him to perform
sobriety tests. On the walk and turn test the defendant
stumbled and said he didn't feel comfortable continuing. He
was arrested for DUI and refused a breath test.
This was the defendant's second offense.
Defense
Ready for trial.
Result The defendant was found NOT GUILTY.
5/23/05 Case #086772-J
Judge Bloom
Facts The
defendant was stopped for speeding. The officers observed
and odor of alcohol, a flushed face, and bloodshot eyes.
They also smelled the odor of marijuana coming from the
car. They found 13 grams of marijuana in the car. The
defendant was arrested for being under the influence of
alcohol and marijuana.
Defense
The DUI and marijuana charges were dismissed on speedy trial
grounds.
Result The DUI was dismissed.
5/19/05 Case #05-000636TCAO4
Judge Moyle
Facts The
defendant was stopped by police for driving at a "high rate"
of speed and his tires touched the yellow line markers one
time. The officers observed an odor of alcohol, slurred
speech, and poor balance. He allegedly performed poorly on
roadside tests and blew a .171 in the breath machine.
Defense
The defense filed a pre-trial motion to suppress the stop as
being unlawful due to the fact that the officer could not
get a true visual estimation or pace clock on the speed of
the car and that the defendant only touched the lane markers
one time. Under Florida case law, the State conceded motion
due to the fact the defendant committed only one isolated
incident. They also conceded that the breath test was
inadmissible due to the fact numerous people conducted the
maintenance on the breath machine.
Result The
State dropped the DUI.
5/18/05 Case #04-19284MM10A
Judge Berman
Facts The
defendant was stopped for speeding and weaving all over the
road. The first officer smelled a minty odor as well as
glassy eyes. The DUI officer smelled an odor of alcohol and
noticed bloodshot eyes. The defendant failed all sobriety
tests and was arrested for DUI. He told the officers he
wanted to kill them.
Defense
Based on the first officer's limited observations, the
defense argued that they had no reasonable suspicion to
conduct a DUI investigation.
Result The motion was
granted and all evidence was thrown out.
5/17/05 Case #04-2232MM10A
Judge Lerner-Wren
Facts The
defendant was stopped for drifting across the lane markers
almost side swiping the police car. The deputy noticed an
odor of alcohol and watery eyes. The defendant refused to
speak and was arrested for DUI. The defendant blew a .207
in the breath machine.
Defense
The defense filed a motion to suppress the arrest based on a
lack of probable cause.
Result The State conceded
the motion and dropped the DUI.
5/16/05 Case #04-017954TCAO8
(Jury Trial)
Judge Kolin
Facts The
defendant was stopped at a roadblock checkpoint. When the
officer told him to pull into the parking lot after
observing a dazed look and odor of alcohol on his breath, he
drove over the curb, on the grass, and into to the bushes
according to the officer. The officer stated his speech was
very slurred, he was very unsteady, and had bloodshot eyes.
He refused to do roadside tests on video at the scene of
the checkpoint and was arrested for DUI. At the breath
testing facility, he stumbled while walking into the video
room and refused the breath test. This was the defendant's
second offense within five years.
Defense
The officer's testimony at trial was contradicted by his
pre-trial deposition testimony several times and both the
the video tape at the scene and the breath testing facility.
Result The jury found the defendant NOT GUILTY in
nine minutes.
5/9/05 Case #CT-726775-X
Judge Dominguez
Facts The
defendant was stopped for weaving. The officer observed
slurred speech, an odor of alcohol, and unsteadiness. The
defendant performed poorly on roadside tests and blew a .124
in the breath machine.
Defense
The defense filed a pre-trial motion alleging the defendant
was coerced into performing the roadside tests. We alleged
his consent to the tests was not voluntary. The State read
the applicable Florida case law, watched the video and
conceded the motion.
Result The State dropped the DUI.
5/9/05 Case #508354-X
Judge Ortiz
Facts The
defendant was stopped after the officer observed him parked
in a handicapped spot. The officer observed him walk into
the store then come out to the street. The officer had
taken the keys out of the car prior to the defendant coming
out of the store according to the girl in the car. The
officer observed an odor of alcohol, bloodshot eyes, and
slurred speech. He performed poorly on roadside tests and
blew a .147 in the breath machine.
Defense
The defense filed a pre-trial motion alleging that the
defendant had been already placed under arrest when the
officer took his keys without observing any DUI impairment.
In other words, a reasonable person would not feel free to
leave. The State conceded the motion based on Florida case
law.
Result The State dropped the DUI.
5/4/05 Case #386283-W
Judge Gayles
Facts The
defendant was stopped for speeding and swerving all over the
road. The officer observed slurred speech, and the
defendant performed poorly on roadside tests. The officer
also suspected the defendant was under the influence of
cocaine. The defendant refused the breath test.
Defense
The defense presented evidence to the State based on
pre-trial testimony that the officer coerced the defendant
into performing roadside tests and that the defendant did
not freely consent to performing them. The State agreed all
the roadside tests should be thrown out based on Florida
case law.
Result The State dropped the DUI.
5/3/05 Case #04-021014MM10A
Judge Feiner
Facts The
defendant was involved in a rollover accident. An off duty
officer witnessed the accident and identified the defendant
as the driver of the vehicle. Both the off duty officer as
well as the investigating trooper observed that the
defendant was unsteady on his feet. They smelled a strong
odor of alcohol and bloodshot eyes. The off duty officer
noticed beer inside the vehicle. According to the trooper,
the defendant failed the roadside tests. He was
subsequently arrested for DUI and refused a breath test. He
was also charged with refusal to submit to a breath test.
Defense
The video as well as testimony from a deposition
contradicted the trooper's assertion that the defendant
looked impaired.
Result The State dismissed all
charges on the morning of trial.
5/2/05 Case #05-4549MM10A
Judge Cowart
Facts The
defendant was stopped for driving recklessly on the
roadway. The deputy noticed bloodshot eyes, flushed face
and and slurred speech. The defendant failed all roadside
sobriety tests and was arrested for DUI.
Defense
Ready for trial.
Result The DUI was dismissed.
4/25/05 Case #267188-X
Judge Tunis
Facts The
defendant was stopped for weaving all over the roadway. The
officer noticed an odor of alcohol, slurred speech, and
unsteadiness. The defendant performed poorly on roadside
tests and blew a .133 in the breath machine.
Defense
The defense raised problems with the validity of the agency
breath inspector and his ability to conduct agency monthly
inspections on the breath machine. The State conceded the
breath test would be inadmissible in court due to the
problems we raised.
Result The State dropped the DUI.
4/18/05 Case #508541-X
Judge Bloom
Facts The
defendant was stopped for speeding and running a red light.
Once stopped, the officers noticed slurred speech, an odor
of alcohol, and unsteadiness. He performed poorly on
roadside tests and blew a .225 in the breath machine.
Defense
In a pre-trial deposition, the breath test officer stated
that he told the defendant that if he did not blow he could
lose his pilot's license which was misinformation. Under
Florida Case Law, if an officer gives a misstatement of the
law or misinformation, the breath test should be be excluded
from evidence. The State conceded the motion based on the
depo and case law because the officer coerced the defendant
into taking the breath test.
Result The State dropped the DUI.
4/11/05 Case #129409-J
Judge Gayles
Facts The
defendant was stopped for speeding and weaving by FHP. Once
stopped, the officer observed an odor of alcohol and
staggering. The defendant allegedly performed poorly on
roadside tests and blew a .159 in the breath machine.
Defense
The defense raised problems relating to the reliability of
the breath machine along with the fact that the officer did
not to describe any of the roadside tests in any detail
whatsoever.
Result The State dropped the DUI.
4/7/05 Case #04-6164MM10A
Judge Diaz
Facts The
defendant was allegedly involved in an accident when his car
jumped the median striking another vehicle. The officer
noticed an extremely strong odor of alcohol on the
defendant's breath and his speech was slurred. He was
unable to perform any sobriety tests and blew a .181 in the
breath machine.
Defense
The defense filed a motion to exclude all of the evidence
based on an improper arrest.
Result The Judge granted the motion and all of the
evidence was thrown out.
4/4/05 Case #508256-X
Judge Tunis
Facts The
defendant was involved in a rear end collision. The
officers who arrived on scene observed an odor of alcohol,
bloodshot eyes and slurred speech. He performed poorly on
roadside tests and refused the breath test. The defendant
was outside the car when the officers arrived on scene.
Defense
The State could not prove the defendant was in actual
physical control of a motor vehicle.
Result The DUI was dismissed.
4/1/05 Case #04-13989MM10A
Judge Berman
Facts The
defendant was stopped for obstructing the roadway and
driving at a high rate of speed. The officers observed an
odor of alcohol, bloodshot eyes, and was staggering. The
defendant refused roadsides and the breath test. This was
the defendant's second offense.
Defense
The defense filed a pre-trial motion to suppress the
defendant's refusal to perform roadside exercises. Under
Florida law, an officer must warn a defendant of the adverse
consequences of refusing. The Judge granted the motion.
Result The State dropped the DUI.
3/29/05 Case #05-000259MMA
Judge Eriksson
Facts The
defendant was involved in an accident in which he hit a
utility pole. The officer observed an odor of alcohol,
slurred speech, and bloodshot eyes. He performed poorly on
roadside tests. He tested positive in a urine test for
amphetamines.
Defense
The State could not prove the defendant was under the
influence of the drug at the time of the crash and DUI
investigation. The State could not prove when the drug was
ingested or how long it had been in his system prior to the
incident.
Result The DUI was dismissed.
3/28/05 Case #508309-X
Judge Tunis
Facts The
defendant was stopped by police because she almost ran over
a Public Service Aid who was setting up cones in the road.
The officer who stopped her observed her speeding and
failing to maintain a single lane. Once stopped, he
observed an odor of alcohol, bloodshot eyes, and she refused
roadside tests. She also refused the breath test.
Defense
In a pre-trial deposition of the arresting officer, he
contradicted his reports. For example, in deposition he
stated the defendant had slurred speech yet in his report he
wrote her speech was good.
Result The State dropped the DUI.
3/21/05 Case #03-029877MM10A
(Jury Trial)
Judge Zack
Facts The
defendant was driving 80mph in a 65mph zone. The deputy
stated that the defendant drove off the highway 15 different
times. The trooper investigating the DUI came on scene. He
noticed an odor of alcohol, flushed face and bloodshot
eyes. He also noticed that the defendant was swaying and
staggering all over the place. Because of a language
barrier roadside tests were not conducted.
Defense
Ready for trial.
Result After the Jury was selected the State dropped
the DUI.
3/21/05 Case #550457-X
Judge Ortiz
Facts The
defendant was involved in a crash in which she struck a pole
after driving at a high rate of speed and losing control of
her car. When the officers arrived, she was off balance,
had an odor of alcohol, and slurred speech. She performed
poorly on roadside tests and she refused the breath test.
The defendant had admitted to having "quite a few drinks."
Defense
The State could not prove the defendant was in actual
physical control of her motor vehicle.
Result The State dropped the DUI.
3/18/05 Case #04-026272TCA04
(Jury Trial)
Judge Moyle
Facts The
defendant was first seen exiting the porterhouse bar and
grill. He entered his vehicle which was illegally parked in
a handicap spot. The officer asked the defendant to exit
the vehicle and issued him a citation for parking in a
handicap spot. The defendant began to scream and at one
point threw his shoe at the police. The officer smelled a
strong odor of alcohol and noticed red glassy eyes. The
defendant continued to scream at the police for the next 50
minutes stumbling throughout the parking lot. The officer
told him to take a cab. The defendant responded "I'm not
stupid, I know I'm too drunk to drive." Soon after, the
defendant jumped in his vehicle and attempted to back out.
The officers immediately pulled the defendant out of the
vehicle and placed him under arrest for DUI. This was the
defendant's second DUI.
Defense
At trial, the firm was successful in attacking both of the
officers' credibility on the witness stand. By the end of
the trial, the story both police officers gave was
inconsistent with the other evidence in the case.
Result The Jury found the defendant NOT GUILTY in ten
minutes.
3/17/05 Case #04-23096MM10A
Judge Feiner
Facts The
defendant was stopped while driving through a sobriety
checkpoint. The deputy noticed an odor of alcohol,
bloodshot eyes and slurred speech. The defendant was unable
to walk heel to toe on the first test. On the second test
the defendant could not touch his finger to his nose. He
was arrested for DUI and provided a urine test for the
detection of drugs.
Defense
The State Attorney failed to bring the defendant to court
within 90 days. A motion to dismiss was filed.
Result The DUI was dismissed.
3/15/05 Case #04-026989TCA04
Judge Damico
Facts The
defendant was stopped for cutting off traffic and repeatedly
honking her horn. Once stopped, the officers observed an
odor of alcohol, slurred speech and balance problems. She
failed roadside tests and refused the breath test. She had
been previously been told by another officer at the bar not
to drive and take a cab home.
Defense
The defense filed a pre-trial motion to suppress the
roadside tests based on the fact the officer misinformed the
defendant of the law by telling her her license would be
suspended if she did not perform the roadside tests. This
testimony from the officer was obtained in a pre-trial
deposition of the officer.
Result The State dropped the DUI.
3/14/05 Case #04-3732MM10A
Judge Lerner-Wren
Facts The
defendant was sleeping behind the wheel of the vehicle with
the engine running. The officer had to shake the defendant
to wake him up. He noticed an odor of alcohol, bloodshot
eyes and slurred speech. The defendant was described as a
falling down drunk. He refused to complete any tests
because he said "I would fail." He blew a .196 and a .200
in the breath machine.
Defense
The defense argued a motion to exclude all evidence based on
an illegal detention of the defendant.
Result The motion was granted and all evidence was
thrown out.
3/14/05 Case #CT-721754-X
Judge Dominguez
Facts The
defendant was stopped for weaving all over the road. Once
stopped, the officers observed an odor of alcohol, slurred
speech, unsteadiness, and she fumbled for her wallet. She
performed poorly on roadside tests and refused the breath
test. This was the defendant's second offense.
Defense
The defense filed a pre-trial motion to suppress the
roadside tests alleging that the defendant was coerced into
performing them. The State watched the video tape, read the
applicable Florida case law, and then conceded the motion.
Result The State dropped the DUI.
3/8/05 Case #2004-CT-001365-A
Judge Blechman
Facts The
defendant was stopped for weaving. Once stopped, the
officer observed an odor of alcohol, slurred speech, and
unsteadiness. He performed poorly on roadside tests and
blew a .193 in the breath machine after his arrest for DUI.
This was the defendant's third offense.
Defense
In pre-trial depositions of the officers, they contradicted
their stories and could not remember many of the specifics
of the case.
Result The State dropped the DUI.
3/4/05 Case #04-002860TCA08
Judge Evans
Facts The
defendant was found by police passed out behind the wheel of
his vehicle at a red light. The officer noticed an odor of
alcohol, slurred speech and blood shot eyes. He performed
poorly on roadside tests according to the officer and blew a
.102 in the breath machine after his arrest for DUI.
Defense
The defense was able to show the State there were problems
with the breath readings and that the defendant performed
better on the roadside tests than the officer wrote in her
reports as we brought out contradictions in the officer's
pre-trial deposition versus her report.
Result The State dropped the DUI.
2/24/05 Case #04-012670MM10A
Judge Levenson
Facts The
defendant was stopped for squealing his tires and making a
wide turn. The defendant failed to pull his car over for
several blocks after the officer placed his lights on. The
DUI task force was called to the scene. The deputy smelled
a strong odor of alcohol, bloodshot eyes and slurred
speech. He failed all roadside sobriety exercises and blew
a .183 in the breath machine.
Defense
Counsel for the defendant argued at a motion to suppress
that the initial stop by the officer was illegal.
Result The State dropped the DUI.
2/23/05 Case #2004-CT015407-O
Judge Fleming
Facts The
defendant was stopped for speeding and weaving in and out of
traffic by the Orange County Sheriff's Office in Orlando.
The officer observed and odor of alcohol, bloodshot eyes,
and balance problems. The defendant admitted to having a
couple of beers. According to the officer, he performed
poorly on roadside tests. He then blew a .083 in the breath
machine after his arrest for DUI.
Defense
The video contradicted the officer's reports and testimony.
Ready for trial.
Result The DUI was dismissed.
2/22/05 Case #488676-X
Judge Newman
Facts The
defendant was stopped for running a red light. Once
stopped, the defendant was observed to have an odor of
alcohol, slurred speech, and balance problems. She
performed poorly on roadside tests and then refused the
breath test.
Defense
The two officers gave conflicting stories in their pre-trial
depositions. Ready for trial.
Result
The State dropped the DUI.
2/17/05 Case #04-016150MM10A
Judge Robinson
Facts The
defendant was stopped at a roadblock checkpoint. Once
stopped, the officers noticed an odor of alcohol,
unsteadiness, and slurred speech. He performed poorly on
roadside tests and then refused the breath test.
Defense
The defense filed a motion to suppress for an unlawful stop
alleging that the checkpoint guidelines were
unconstitutional. The Judge granted the motion and threw
out all of the evidence in the case.
2/17/05 Case #04-011108MM10A
Judge Levenson
Facts The
defendant was stopped for driving at a high rate of speed
and squealing his tires. Once stopped, the officers
observed an odor of alcohol, slurred speech and blood hot
eyes. he performed poorly on roadside tests and blew a .17
in the breath machine.
Defense
The defense filed a pre-trial motion to suppress alleging
the defendant was unlawfully stopped by the police. The
State conceded the motion just prior to the hearing.
Result
The State dropped the DUI.
2/14/05 Case #04-8738MM10A
Judge Feiner
Facts The
defendant was stopped for running a red light almost
crashing into a DUI deputy. The deputy noticed an odor of
alcohol, flushed face and bloodshot eyes. The defendant
performed poorly on the roadside exercises and refused a
breath test.
Defense
Ready for trial.
Result
Just prior to the jury entering the courtroom the State
dropped the DUI.
2/14/05 Case #04-4256MM10A
Judge Feiner
Facts The
defendant was stopped for driving on the grass, speeding and
running a red light. The defendant exited his car and
allegedly fell to the ground. Both officers describe the
defendant as a falling down drunk who could not complete any
tests.
Defense
Since the video at the breath facility was inconsistent with
the officers testimony the defense argued that the police
were lying. It should be noted that this was the same
arresting officer who was caught in a lie during the firm's
trial in case# 03-021042CF10A.
Result
The State dropped the DUI.
2/3/05 Case #2004-CT-02441-A-K
Judge Fowler
Facts The
defendant was stopped by the Monroe County Sheriff's Office
in Key West for driving all over the roadway. Once stopped,
the officers observed an odor of alcohol, slurred speech and
the defendant admitted having 3-4 beers and some Jaeger. He
performed poorly on roadside tests and subsequent to his
arrest for DUI refused the breath test.
Defense
The video contradicted the officers reports and testimony.
Result
The State dropped the DUI.
1/31/05 Case #04-013493MM10A
Judge Feiner
Facts The
defendant was stopped for driving 95mph. The Trooper
noticed bloodshot eyes, flushed face and an odor of
alcohol. The defendant told the Trooper that he had 5 beers
at a local bar. He was unable to perform any sobriety test
and refused a breath test.
Defense
The Trooper's testimony was inconsistent with both the video
as well as the defendant's recollection of the incident.
Result
The State dropped the DUI just prior to the jury entering
the courtroom.
1/31/05 Case #508322-X
Judge Bloom
Facts The
defendant was stopped by police based on a BOLO (be on the
lookout) that a black hummer had been involved in a hit and
run crash. An officer saw a black hummer about 29 blocks
from the crash scene and stopped the vehicle. The officer
noticed an odor of alcohol, slurred speech and that the
defendant was off balance. The defendant performed poorly
on roadside tests and he refused the breath test. He was
also charged with leaving the scene of an accident.
Defense A
pre-trial motion to suppress was filed alleging that the
stop was unlawful due to the fact the BOLO was vague and not
specific. It contained no information such as the tag,
description of the individual driving the truck, and any
further description of the truck. In addition, the officer
did not notice any damage until after the vehicle was
stopped. Under Florida law, a BOLO must be specific and
cannot be a bare bones description of just a vehicle. The
State conceded the motion based on the case law and the
pre-trial deposition of the stopping officer.
Result
The State dropped the DUI.
1/28/05 Case #04-CF2305
Judge Barron
F
