The defendant was pulled over for driving without a headlight. When the officer approached, he smelled an odor of alcohol and noticed that the defendant had bloodshot eyes. He called a DUI specialist in to perform a DUI investigation. The defendant performed poorly on the field sobriety exercises according to the officer. He was arrested and taken to jail where he provided a breath sample of .189 and .175. The firm filed a motion to suppress and the State dismissed the DUI charge.
A Deputy reported to the scene in reference to a person down call. When the Deputy arrived, she observed a Ford Escape with the engine running, lights on, doors locked and horn blaring. The defendant was seen in the driver’s seat, unconscious with her foot on the steering wheel engaging the horn. After approximately 7 minutes of attempting to wake the defendant, she responded and unlocked the door. The deputy noticed the odor of alcohol coming from the defendant’s breath. The defendant also had watery eyes and slurred speech. The defendant seemed very confused and unable to answer simple questions. When asked questions to determine if she had any medical issues or problems, defendant responded, “I did not drink and drive since the cops got here. I’m looking for my president. We were just sitting in the car.” A DUI investigator arrived and took over the investigation by requesting the defendant perform field sobriety exercises. The defendant performed them poorly and was arrested for DUI. The defendant was requested to perform a breath test, which she complied. However, due to her hysterical emotional state, she was only able to provide 1 valid breath sample of .164. The defendant was marked as a refusal to submit to breath test after she was unable to provide a second valid breath sample. Result: State dropped the DUI charge.
On April 6, 2007 the defendant was observed by a Broward Sheriff’s Deputy speeding at 67 mph in a 35 mph zone. As he followed the defendant, he witnessed her go thru a red light and accelerate to 85 mph in a 35 mph zone. Upon making contact with the driver, the Deputy noticed that the defendant had the odor of an alcoholic beverage on her breath, bloodshot watery eyes and slurred speech. A DUI investigator was called to the scene and corroborated the observations of the stopping officer. The Defendant participated in the roadside sobriety exercises and performed poorly. The Defendant was arrested for DUI and submitted to the breath test that resulted in a reading of 143 g/ 210 and .141 g/210L Result: The State dropped all DUI charges.
Facts: The defendant was driving his car when he was stopped by a police officer. He was charged with driving on a suspended license due to a driving under the influence suspension. The firm took the deposition of the stopping officer on the case where the firm was able to reveal information which resulted in a Fourth Amendment violation. The firm notified the State Attorneys Office and the charges were dismissed.
The defendant was pulled over for having the windows on her vehicle tinted too dark. The deputy approached the vehicle and smelled the odor of burnt cannabis emanating from the vehicle. The defendant was asked out of the vehicle and as she was exiting the vehicle she attempted to discard a baggie of marijuana from her purse in the presence of the officer. The defendant was cited for Possession of Marijuana and was cited for Driving while License Suspended after admitting her license was, in fact, suspended. After the Firm’s investigation of the State’s evidence, the State dropped all charges.
On March 1, 2008 a civilian witness observed the defendant asleep at the wheel in Hollywood, Florida. The civilian then saw the defendant drive off the road and run over a curb ultimately stopping in a parking lot. The DUI investigator witnessed the defendant asleep at the wheel, with his foot on the break and with the engine running. The DUI investigator noticed the defendant to have the odor of an alcoholic beverage, bloodshot watery eyes; a flushed face and slurred speech. The defendant performed roadside sobriety exercises and did so poorly. The defendant was arrested and refused to submit to the breath test. The Firm filed a motion to Suppress the defendant’s Refusal to Submit to the Breath Test. Prior to the hearing for that Motion the State Dropped all DUI charges.
The defendant was charged with Driving Under the Influence of controlled substances. She was seen by a civilian witness driving at a high rate of speed behind him. He thought she was going to crash into him and then at the last minute, she swerved around him. The citizen, who testified at the trial, then called 911 and said she was swerving all over the road and riding on both sides of the street. He also saw her almost crash her car three times into other vehicles. She then came to a stop in the middle of an intersection when an officer turned on his lights to find out why she was stopped and impeding all of the east and westbound traffic. The officer then asked her if she was ok and she said “I think so.” After moving her car, the defendant was approached by another officer and he testified that her speech was sluggish and her movements were lethargic. She admitted the officer to taking numerous medications. The defendant performed poorly on the roadside exercises according to the officer and he arrested her for DUI. At the BAT facility, the defendant was confused as to the date as well as where she was. When asked, she said she was on Congress or Military when she was actually on Dixie Highway. Additionally, she admitted to taking Phenobarbital in the morning and a painkiller the night before. She consented to a urine which came up positive for Phenobarbital, Propoxyphene, Norpropoxyphene and Citalopram. A toxicologist also testified for the state who gave an opinion as to what types of effects Propoxyphene and Phenobarbital can have on the body. Result: Not Guilty
The defendant was seen by an officer speeding and driving recklessly by an officer. The defendant was seen weaving in and out of traffic at speeds in excess of 90 mph in a construction zone. The officer made contact with the defendant and noticed the defendant to have an odor of an alcoholic beverage about his breath; bloodshot watery eyes; slurred and mumbled speech; and a flushed face. The defendant was placed into handcuffs upon exiting his vehicle and was transported to two separate locations for roadside sobriety exercises in marked police units. The defendant performed poorly on roadside exercises and blew a .166/.165 g/210L on the intoxylizer. The Firm brought Motions to Suppress the Unlawful arrest and Roadside Exercises based on the illegal use of the handcuffs upon the defendant when he exited the vehicle. The Motion was granted and all evidence of the DUI was suppressed. The State dropped all DUI charges
An Officer responded to a call by a security guard that an individual was seen entering a liquor store having trouble walking and almost fell over as he exited his vehicle. Upon the officer’s arrival, he observed the defendant being detained by the security guard. The defendant was sitting in the driver’s seat of his vehicle with the engine running and reverse lights on. When the officer made contact with the defendant, his eyes were bloodshot and glassy, he smelled of alcohol and his speech was slurred. The defendant admitted to consuming whiskey and some oxycodone and morphine within the past hour. After continuing to observe the defendant’s behavior, a DUI unit was called to conduct an investigation. The DUI officer observed the same observations of the initial officer on the scene regarding the defendant’s appearance, odor and speech patterns. The defendant also was very unsteady on his feet, staggered and swayed as he stood. The officer requested the defendant perform field sobriety exercises, which the defendant agreed. The defendant performed alternative tests due to his physical disabilities. The defendant was read his Miranda rights, which he waived, and then asked to count backwards from 100 to 75 with his eyes closed and head tilted back. The defendant exhibited multiple clues of impairment including swaying, eyes not remaining closed and improper recitation. The defendant’s counting was highly erratic, out of sequence and did not stop at 75 as requested. The defendant also performed the ABC test, which he had to lean on the Officer’s vehicle to complete. The defendant was arrested for DUI. He agreed to perform a breath test, however did not supply the required volume of air. He was considered a physical refusal for not following the breath technician’s instructions. The defendant also submitted urine to test for medications which could cause impairment based on his admission to taking morphine and oxycodone. The case was set for trial, and on the morning when the jury was to be selected, the State dropped the DUI charge.
The defendant was traveling northbound in her vehicle and was stopped for failing to dim her headlights. The officer noticed that the defendant had glassy and bloodshot eyes, was crying and could not find her registration after passing it over several times. She admitted to drinking and was unstable on her feet. Her movements were slow and she had a strong odor of an unknown alcoholic beverage on her breath. She told the officer that she had 2 Vodka drinks and lived “right down the street.” She performed poorly on the roadside exercises and was arrested for Driving Under the Influence. While at the Breath Alcohol Testing Facility she refused to give a sample of her breath to determine the alcohol content. The firm filed a motion to suppress alleging that the officer stopped the defendant illegally and violated her constitutional rights to be free from unreasonable searches and seizures. Result: The State agreed and dismissed all the charges.
The defendant was seen by an officer driving on the wrong side of the road on Sheridan Street in Hollywood, Florida. The officer attempted to initiate a traffic stop upon the defendant’s vehicle but was ignored by the defendant for several blocks. Upon making contact with the defendant, the officer noticed the defendant to have an odor of an alcoholic beverage, bloodshot eyes, a flushed and red face and stuttered speech. A DUI investigator was called to the scene and confirmed the first officer’s observations. At that time, the DUI investigator administered roadside sobriety exercises and the defendant performed poorly. The defendant refused the breath test despite being warned about the suspension of his driver’s license. All DUI charges were dismissed.
A Tampa police officer was traveling in the left lane of Bruce B Downs Blvd when he observed a vehicle 3 cars ahead of him drifting on and off the left lane marker. The vehicle then overcorrected back into the left lane and abruptly changed into the right lane. The vehicle was then observed following another vehicle too closely while drifting from side to side. The vehicle then drove on the left lane marker for about 10 seconds. The vehicle was stopped for suspicion of DUI. The officer upon making contact with the defendant, noticed a distinct odor of alcoholic beverages and bloodshot eyes. As the defendant exited the vehicle, it began to roll backward about 3 feet. The defendant did not realize this until it was pointed out by the officer. After speaking with the defendant, his speech appeared slurred. The defendant was requested to perform field sobriety exercises. On the walk and turn test, the defendant failed to maintain his balance prior to beginning the exercise, made an improper turn and took an incorrect number of steps before turning. On the One Leg Stand, the defendant swayed while balancing and had to hop to maintain his balance. The defendant was arrested for DUI and refused to take a breath test. Result:The State dropped the DUI charge before the trial.
