Client Case Results
This arrest does not make a criminal out of you. Other good people get arrested, too. So, it’s very important that you have an experienced DUI defender in your corner.
JONATHAN B. BLECHER has defended over 5,000 DUI cases in over 40 years of criminal law practice. He is a former state prosecutor and teaches legal education seminars on DUI practice. Here are some examples of cases that he has defended:
Defendant Charged With Multiple Offenses
Results: Charges Reduced and Dismissed
Felony charge reduced to misdemeanor possession of drugs not in a prescription container. Though ineligible because of the crash, we negotiated with the state to refer the Defendant to the Back on Track DUI diversion program. Drug charged DISMISSED, DUI DISMISSED, DUI Property Damage reduced to
reckless driving- no conviction, careless driving DISMISSED.
Facts: Defendant driving on a major roadway late at night with several passengers. Struck a curb and lost control of vehicle. Car spun out and ended up on opposite side of roadway. Defendant performed poorly on roadside sobriety exercises. Defendant found in possession of Xanax, without a prescription. Breath test result under .08, but Xanax found in urine test. Defendant charged with Felony drug possession, DUI, DUI Property Damage and careless driving.
Defendant Struck A Florida Power & Light Utility Pole
Results: State Dropped The DUI Charge
Facts: Defendant struck a Florida Power and Light utility pole and continued driving. He was stopped sitting in an immobilized vehicle on the side of the roadway. The state was convinced to permit him to enter a DUI diversion program, in spite of his ineligibility. After completion, the state dropped the DUI charge.
Client Was Seen Driving On The Wrong Side Of The Road
Results: State Dropped The DUI Charge And Felony Charge
Facts: The Defendant was seen driving on the wrong side of the roadway at 4 a.m., was stopped and found to have several bottles of beer and wine in the back seat. He was tested for DUI and arrested. He refused breath testing. The defendant was alleged to have offered a bribe to the officers to release
him. He was charged with two felony counts.
Police Saw The Client Run Red Light And Almost Hit A Car
Results: State Dropped The DUI Charge
Facts: The Defendant was observed by Coral Gables police on South Dixie Highway, nearly striking the median and running a red light. While stopping, the Defendant’s car almost struck a parked vehicle and she had difficulty exiting her vehicle. She admitted to having three to four drinks and failed the roadside sobriety tests. She refused breath testing and was alleged to uttered swearing remarks at the officer.
Defendant Seen Speeding And Weaving Through Traffic
Results: State Dropped The DUI Charge
Facts: The defendant was driving through the Miccosukee Tribal Reservation at a high rate of speed and was observed weaving in and out of lanes by a motorist. The motorist turned his car around and pursued the driver and pulled her off the roadway. She was forcibly removed from her car by the motorist who found open containers of alcohol in the car. Tribal Police tested the driver for DUI impairment and arrested her. On the day of trial the state could not establish an essential element of their case and was forced to drop the charges completely.
Florida Trooper Saw Client Speed Over 100 MPH
Results: State Reduced The DUI Charge To Reckless Driving
Facts: Florida Highway Patrol Trooper observed a car passing him at a very high rate of speed. He followed the car and estimated the speed at over 100 MPH. The Trooper eventually stopped the car and observed signs of alcohol impairment. The defendant performed physical sobriety exercise on an off-ramp from the highway, with substantially good results. We deposed the Trooper and secured an admission from him that the defendant was only slightly impaired. The defendant has a prior DUI conviction from Tennessee within the past 5 years, requiring a mandatory jail sentence upon conviction.
Defendant Failed Roadside Tests And Refused Breath Test
Results: State Dropped The DUI Charge
Facts: The Defendant was observed by a Florida Highway Patrol Trooper failing to maintain a single lane and overcorrecting her driving on multiple occasions, on a busy highway in Miami. She was slow and sluggish while looking for her license, registration and insurance documents. The defendant gave
conflicting accounts of her whereabouts and where she was going. The Defendant did not perform the roadside tests to FHP standards. The Defendant subsequently refused to submit to a breath test.
DUI Accident Where Defendant Failed Field Tests
Result: State Dropped The DUI Charge
Facts: At 5:45 pm, Defendant was operating a Jeep and was involved in a traffic crash. The second party stated the Defendant appeared to be intoxicated because she could not stand without holding on to her car. When the officer arrived to the scene of the accident the Defendant advised she was not involved in a traffic crash and that is when the police officer detected a strong odor of alcoholic substance coming from Defendant’s breath. When the Defendant stepped out of the vehicle, she had to use the vehicle to keep her balance and walk. Defendant’s eyes were bloodshot and watery. The defendant failed the roadside exercises and refused to blow into the breathalyzer and was arrested for DUI. The Defendant had injured
feet and did not cause the accident.
Defendant Registered A 0.209% BAC
Result: State Dropped The DUI Charge
Facts: At 12:05 am, a DUI TASK FORCE OFFICER on routine patrol observed Defendant failing to stop at a flashing red light and failing to maintain in a single lane. Upon contact with the Defendant, police officers detected an odor of an alcoholic beverage on his breath, flushed face, bloodshot watery eyes and mush-mouthed speech. Defendant performed poorly on the field sobriety exercises and agreed to submit to a breath test with results of 0.185 at 1:36 am, 0.214 at 1:39 am and 0.209 at 1:42 am. Defendant was arrested for DUI.
Refusal To Take Breath Test And Arrested For DUI
Result: State Dropped The DUI Charge
Facts: At 2:01 a.m. while conducting a traffic-directed patrol detail, police officer observed defendant exiting a parking lot. The defendant failed to yield before entering the highway and forced officer to apply his brakes to avoid striking defendant with patrol car. Police officer conducted a traffic stop. Police officer asked Defendant where he was coming from to which Defendant responded “Stir Crazy” (nightclub.) While performing investigation, Defendant had a strong odor of an unknown alcoholic beverage emitting from his person. Defendant’s eyes were blood shot and he was very unstable on his feet. His speech was slurred and appeared to be confused. A field sobriety test was conducted and Police officer determined Defendant was impaired or unfit to drive. Defendant was taken into custody for further testing. Defendant refused to take the breath test and was arrested for DUI.
Defendant Performed Poorly On Field Sobriety Tests And Refused To Take Breath Test
Result: State Dropped The DUI Charge
Facts: At 11:25 p.m., while conducting a routine patrol, police officer observed Defendant run a solid red light making a left turn and obstructing traffic in the middle of the roadway. A traffic stop was conducted. Upon contact with the Defendant, the officer detected the odor of an alcoholic beverage on his breath, bloodshot watery eyes and thick tongue speech. Defendant performed poorly on field sobriety exercises and refused a breath test and was arrested for DUI. The Defendant has several herniated discs which could have caused poor performance on the tests.
Defendant Performed Poorly On Field Sobriety Tests And Had 0.200 BAC
Result: State Dropped The DUI Charge
Facts: At 7 p.m., police officer on motorcycle observed Defendant attempting to pass a vehicle and driving head on to police officer’s path on Bayshore Drive in Coconut Grove, near Kennedy Park. Defendant then almost struck the vehicle he was attempting to pass. A traffic stop was conducted. Upon contact with the Defendant, the officer detected an odor of an alcoholic beverage emitting from his breath, bloodshot watery eyes, thick tongued slurred speech, flushed face and unsteadiness on his feet. Defendant performed poorly on the field sobriety exercises and submitted to a breath test with results of 0.200 at 8:19 pm and 0.200 at 8:22 pm. Defendant was arrested for DUI. The area where the tests were given was very uneven broken pavement.
Coral Gables Officer Outside Of His Jurisdiction
Result: State Dropped The DUI Charge
Facts: At 9:06 pm, a Lieutenant of the Coral Gables Police Department responded to investigate a vehicle that matched an anonymous traffic complaint a car driving erratically on Red Road. Police officer observed defendant behind the wheel asleep in the Village of Pinecrest. The Coral Gables Lieutenant attempted to wake up the defendant with no response. Eventually, the defendant woke up and looked at the Lieutenant and drove off at a slow rate of speed. The Lieutenant then followed the defendant and placed his vehicle in front of the defendant’s vehicle. The defendant then tried to go around but stopped. Lieutenant stated the defendant had slurred speech and the smell of alcoholic beverage emitting from his breath. The
defendant performed routine field sobriety test and was transported to the station for breathalyzer test. The defendant was charged with DUI. The Coral Gables officer was outside of his jurisdiction when he made the stop.
Defendant Had A “Great Lawyer”
Result: State Dropped The DUI Charge
Facts: At 2:50 am police officer responded to a possible drunk driver failing to drive within a lane. Police officer stated Defendant had slurred speech, red bloodshot eyes and could not maintain her car in one lane. The defendant was asked to submit to a field sobriety test and agreed. Upon exiting vehicle, defendant held on to vehicle for balance. When asked to step away from the vehicle, defendant almost fell. Defendant failed a Field Sobriety Test. Defendant began to vomit and refused rescue. Defendant was arrested for DUI and refused Breathalyzer test. The defendant spontaneously stated “she had a great lawyer and we had no proof of her intoxication.” The defendant was charged with DUI. Failing to drive in a single lane may not always be a legal justification for a traffic stop.
Defendant Failed Field Sobriety Test And Arrested For DUI
Result: State Dropped The DUI Charge
Facts: At 1:42 a.m. police officer observed a green Jeep entering middle lane twice and almost hit the median to the left inside lane. The vehicle also made a right turn from center lane on a solid red light. Police officer activated emergency overhead lights to conduct a traffic stop and the defendant continued driving. Police officer then activated an air horn to get the attention of the defendant, who continued to drive. The defendant then made a left turn driving off the roadway and almost striking a parked vehicle in the swale. The vehicle then came to a stop. Police officer approached the vehicle and made contact with the Defendant. During contact, police officer observed the Defendant had bloodshot watery eyes and very poor motor skills. Police officer asked for defendant’s driver’s license and registration 3 times before defendant understood. Police officer could smell an unknown alcoholic beverage emitting from the defendant’s breath. Defendant failed a Field Sobriety Test and was arrested for DUI. Defendant
refused to give breath samples.
Failed Roadside Exercises And Blew .127 And .119
Result: State Dropped The DUI Charge
Facts: At 11:39 am, police officer observed defendant driving a vehicle that was damaged to the point of not being operable. Police officer tried to stop Defendant and observed the front passenger tire and rear passenger tire were damaged and flat. Defendant ignored police officer’s request. Police officer made a u-turn and activated emergency headlights and stopped the vehicle. Upon contact, Defendant had glassy watery eyes and confused speech. Police Officer was concerned with Defendants health and had Defendant step outside of the vehicle. Defendant had to lean against vehicle to maintain balance. Defendant admitted to using Xanax that morning and stated that he was not on any alcohol. Defendant was asked to perform roadside exercises and failed. The defendant submitted to breathe tests and blew
a .127 and a .119. Defendant was arrested for DUI.
Defendant Admitted Drinking, Failed Sobriety Test And Refused Breath Test
Result: State Dropped The DUI Charge
Facts: At 8:45 pm Police officer responded to a BOLO for a white pick-up truck that was swerving all over roadway and unable to maintain in a single lane. Police Officer caught up to vehicle and observed the vehicle swerving from left to right crossing the lane lines into the lane to the right and into the left shoulder as well. Defendant crossed into the lane on the right and almost struck a black vehicle traveling in that lane as well as a tractor-trailer. Defendant was finally stopped and when approached police officer detected a strong odor of an alcoholic beverage emitting from the vehicle. Defendant was observed to have bloodshot, watery eyes, a flushed red face and slurred speech. Defendant admitted to having alcohol earlier in the night. Defendant failed a Field Sobriety Test and was arrested for DUI. Defendant refused to take a breath test.
Defendant Refused Breath Test And Admitted Having 2 Drinks
Result: State Dropped The DUI Charge
Facts: At 2:25 am Security officer observed defendant leaving News Lounge Club intoxicated and nearly fell several times. Defendant staggered badly attempting to find her vehicle. Security officer approached defendant and asked if she needed a taxi and defendant stated she was trying to find her car. Security officer advised her that she was in no condition to drive but she disregarded his advice. Security officer observed defendant attempting to open the door of several vehicles she thought was hers finally finding
her car from the sound of the remote. Defendant left the club and Security officer followed observing her traveling in circles and finally getting on to highway. Security officer observed her swerving and weaving badly, hitting curbs. Security officer notified 911 and attempted to get a police officer to respond. Finally a Sweetwater Police officer stopped the vehicle. Police officer asked Defendant to exit the vehicle and the defendant nearly fell to the ground. Police officer observed defendants eyes being bloodshot, speech slurred, she swayed and staggered nearly falling. Defendant had the odor of an unknown alcoholic beverage on her breath. Police officer asked Defendant how much she had to drink and Defendant stated she had 2 drinks. Police officer asked her to perform several roadside tests and Defendant stated “I want my lawyer.” Police officer advised Defendant she was under arrest. She was transported to FHP Miami where she refused to take a breath test, and according to police became agitated, insulting and profane. She refused the breath test.
Defendant Admitted To Drinking
Result: State Dropped The DUI Charge
Facts: At 3:45 am Police officer observed Defendant driving above the posted speed limit and activated radar receiving Defendants speed of 60 mph in a 45 mph area. Defendant was stopped and police officer observed that defendant had a flushed face, blood shot watery eyes, slurred speech and a strong odor of an unknown alcoholic beverage emitting from his breath and person. Defendant admitted that he was drinking. Defendant agreed to field sobriety tests and displayed impairment problems and did not perform to standards. Defendant was arrested. The Defendant breath test results were .10 and .09.
Did Not Meet Standards Of Sobriety
Result: State Dropped The DUI Charge
Facts: At 2:20 am Defendant was observed turning improperly at an intersection cutting off another vehicle. After which, Defendant continued driving and failed to maintain in a single lane. Fearing the defendant was impaired, police officer attempted to stop defendant. She did not stop and continued
driving through an intersection. Defendant finally stopped. Police officer observed signs and symptoms of impairment (strong breath odor of alcohol, slurred speech, and flush-red face). Another police officer was called to the scene and conducted a DUI investigation. Defendant agreed to perform field sobriety tests but did not meet the standards and was arrested. The defendant refused the breath test.
“I’m Getting Into A World of Trouble” – Defendant
Result: State Dropped The DUI Charge And The Drug Possession Charge
Facts: At 3:22 am Police officer noticed a vehicle that had just been in an accident. Police officer asked Defendant and her passengers if they were OK. They stated yes. Upon speaking to Defendant, police officer noticed an odor of alcoholic beverage impurities coming from defendant’s breath. Police officer asked Defendant if she had consumed any alcohol and she stated “No.” The second time Defendant was asked, she stated “Yes.” Police officer advised Defendant that he was changing this accident investigation into a criminal DUI investigation based on his observations and the totality of the circumstances. Defendant agreed to a series of field sobriety exercises. Defendant did not perform the exercises as instructed and demonstrated and was arrested for DUI. Another police officer found 6.5 2mg pills in defendants purse in her presence. Police officers were able to identify the pills as Xanax using the 2012
drug identification bible. Defendant became nervous after the discovery and stated “I’m getting into a world of trouble” Defendant stated she had just started using Xanax. Defendant was transported to the Police Station.
Breath Test Results Of 0.28 And 0.26
Result: State Dropped The DUI Charge
Facts: At 2:11 am Police officer observed Defendant crashing into the center median crossing over the median and continuing to skid and travel eastbound in the westbound lane until coming to a final rest. Police officer immediately responded to the scene. Police officer observed a container of Busch Lite in the center console and an additional three Busch Lites on the front passenger floorboard. Defendant was ordered to exit the vehicle. Upon exiting the vehicle, defendant appeared in a daze and confused state, Defendant stumbled and had difficulty walking. Police officer detected a very strong smell of an alcoholic beverage emitting from his breath. Defendant was asked to perform field sobriety tests and did not perform to standards and was taken into custody. The defendant’s breath test results were .28 and .26.
Defendant Found In Possession Of Marijuana And Observed to Be Impaired
Result: State Dropped The DUI Charge And Marijuana Charges
Facts: At 1:43 am, a call was received by the Police that Defendant had fallen asleep in the drive-thru window of Burger King and blocking other vehicles from placing their orders. Police arrived on scene and observed defendant asleep behind the wheel, drooling onto his sweater. Police officer woke up Defendant and observed the defendant to have red eyes, odor and was disoriented. A DUI unit was contacted. While conducting and inventory of the vehicle, defendant was found in possession of marijuana and a glass pipe with marijuana residue. The defendant was observed to be impaired. Field sobriety tests were performed and defendant failed to perform to standards. Defendant was arrested for DUI.
Arrested For DUI Based On Urine Test Result
Result: State Dropped The DUI Charge And Filed No Drug Charges
Facts: At 3:25 am Police officer observed defendant driving 55mph in a 45mph zone. Defendant failed to maintain in a single lane and was swerving over the solid white line. Defendant nearly struck a bicyclist. When stopped the officer approached the defendant’s vehicle and smelled an odor of an alcoholic beverage coming out of the vehicle. When Defendant was asked to step out of the vehicle, police officer did not smell alcohol on his person. Defendant’s eyes were blood shot, watery and had dilated pupils. Speech was mumbled and slurred. Defendant had an odor of cannabis on his breath. Defendant attempted to perform field sobriety tests and was unable to perform to standards. Defendant was arrested for DUI. Breath test result was .000, but Urine Test result was positive for marijuana and cocaine.
Breath Test Results Of 0.152/0.154
Result: State Dropped The DUI Charge
Facts: At 6:25 am police officer responded to a traffic crash. Upon arriving at scene, officer observed defendant’s vehicle straddling the median and caused damage to the undercarriage and landscaping. The Defendant was asked to exit the vehicle. Police officer observed defendant staggering and smelling of an alcoholic beverage. Defendant agreed to perform field sobriety tests. Defendant did not perform to standards. Police officer observed defendant’s eyes to be bloodshot and watery. Defendant was arrested and taken into custody. Breath test results .152/.154
Defendant Found With 3/4 Empty Wine Bottle
Result: State Dropped The DUI Charge
Facts: At 2:43 am Police officer responded to a possible reckless driver who was stopped by a civilian in the Miccosukee Tribal Reservation. Defendant was weaving in and out of lanes and could not stay or maintain in a single lane while headed eastbound. Defendant was emitting an alcoholic odor from her facial area and could not maintain balance while standing. Defendant had a wine bottle that was three quarters empty with a red solo cup that emitted an alcoholic odor. Defendant refused to submit to any field sobriety exercises. Defendant was arrested and placed in custody.
Defendant Did Not Meet Field Sobriety Test Standards
Result: State Dropped The DUI Charge
Facts: At 12:10 am, Defendant passed a marked police vehicle at a high rate of speed. Police officer caught up to Defendant and observed defendant could not maintain in a single lane. Defendant was observed swerving to the right and left lanes. Defendant was stopped and was observed to have slurred
speech and bloodshot, watery eyes. Defendant appeared to be slow and sluggish. Police officer smelled a strong odor of alcohol in the vehicle. Defendant admitted to consuming a cup of wine with friends earlier. Defendant was asked to perform field sobriety exercises and did not meet standards. Defendant was arrested for DUI.
Minor Defendant Refused To Provide Breath Sample
Result: State Dropped The DUI Charge
Facts: At 2:48 am, while on patrol, Police officers observed defendant failing to maintain in a single lane and swerving from his lane onto middle lane. Defendant remained straddling both lanes. When stopped, police officer observed defendant to have glossy, watery, bloodshot eyes. Defendant appeared slow and sluggish in his movements. Police officer could smell a strong odor of an unknown alcoholic beverage emitting from defendant’s breath. When the defendant exited the vehicle, police officer observed defendant swaying. The defendant performed field sobriety tests and did not meet standards. Defendant refused to provide a breath sample and his mother was called to respond. Defendant is a minor.
Defendant Found With Beers And Empty Wine Bottle
Result: State Dropped The DUI Charge
Facts: At 4:05 am, Defendant was observed driving on the wrong side/one-way street. A strong odor of an alcoholic beverage was noticed on the defendant’s breath. Defendant was unable to maintain his balance. Defendant had bloodshot, watery eyes, slurred speech and a flushed face. Several bottles of Miller Lite beers and one empty bottle of Martini Rossi wine was observed in defendant’s vehicle. Defendant agreed to perform standard field sobriety tests and did not perform to standards. Defendant was arrested for DUI.
Defendant Failed To Complete Exercises To Standard
Result: State Dropped The DUI Charge And The Open Container Charge
Facts: At 2:32 am, Defendant was observed to be stopped in the middle of an intersection. Police officer approached the vehicle and knocked on defendant’s window. Defendant appeared to be asleep and got startled when she saw the police officer. Defendant attempted to keep driving forward when she came to her senses. Police officer commanded defendant to turn off the vehicle and exit. Police officer observed in plain view an open small bottle of water that contained a yellowish liquid. The bottle contained a liquid that had an odor of an unknown alcohol beverage inside. Several signs of impairment were observed. Defendant had bloodshot watery eyes, slurred speech and had a strong odor of an unknown alcohol beverage coming from her breath. The defendant was asked to perform voluntary standardized field sobriety exercises. Defendant failed to complete the exercises to “standards” and exhibited severe signs of impairment due to the consumption of an unknown alcoholic beverage. The defendant was arrested for DUI.
Defendant Gave Two Breath Samples Over The Limit
Result: State Dropped The DUI Charge
Facts: At 6:30 am, Defendant was observed traveling southbound in a northbound lane, and was nearly released to his parents in lieu of arrest. Defendant demanded to take the roadside tests. Defendant failed roadside sobriety exercises and admitted to police officer that he had consumed alcohol. Defendant voluntarily gave two breath samples over the legal limit. Defendant was arrested for DUI and placed in custody.
Defendant Did Not Meet Field Sobriety Test Standards
Result: State Dropped The DUI Charge
Facts: At 12:32 am, police officer heard a loud crash and observed defendant exit his vehicle to observe the damage. Defendant had struck a tree in a parking lot. Upon contact, Defendant had a strong odor of alcohol emitting from his breath. Defendant had bloodshot eyes. Defendant lost his balance and used hood for balance. Defendant agreed to field sobriety tests on scene and did not meet standards. Defendant was arrested for DUI.
Defendant Arrested On Scene For DUI
Result: State Dropped The DUI Charge
Facts: At 11:27 pm while running radar, police observed defendant driving at a high rate of speed. Police officer initiated a traffic stop and observed defendant to have a strong odor of an alcoholic beverage emitting from him. Defendant also had watery, bloodshot eyes and his face was flushed red. Defendant was asked to perform field sobriety tests and became uncooperative and refused to listen or comply with instructions. Police officer warned defendant if he did not comply he would be placed under arrest. Police
officer repeated the instructions and again defendant did not want to comply and stated he wanted a lawyer. Defendant was arrested on scene for DUI.
Defendant Determined To Be Impaired After Field Sobriety Tests
Result: State Dropped The DUI Charge And Resisting Arrest Charge
Facts: At 4:30 am, Police officer observed Defendant failing to maintain in a single lane. Defendant improperly changed from the left to the right lane, almost colliding with other traffic. Upon stopping the defendant, police officer observed a strong odor of alcoholic beverage coming from the defendant’s breath. Defendant’s eyes were both bloodshot and watery. After performing some field sobriety tests the police officer determined the defendant was impaired and defendant was arrested for DUI.
Defendant States She Had 2 Cocktails
Result: State Dropped The DUI Charge
Facts: At 10:35 pm, police officer was dispatched to a minor traffic crash. Police officer immediately smelled a strong odor of alcohol on defendant’s persons and blood shot eyes. When police officer asked Defendant what happened? Defendant stated “I fell asleep and had a little fender bender, that’s all.” Roadside exercises were conducted and defendant did not perform to standards. Defendant stated she only had two cocktails. Defendant was arrested for DUI.
Defendant Agreed To Perform Field Sobriety Tests
Result: State Dropped The DUI Charge
Facts: At 4:45 am, while on routine patrol, police officer observed defendant traveling at a high rate of speed and swerving into the eastbound lane. The vehicle braked abruptly upon seeing officer. Officer observed defendant was not wearing his seat belt. Police officer performed a traffic stop and upon approaching vehicle, police officer observed defendant to have bloodshot, watery eyes and a strong odor of alcoholic beverage emitting from his breath. Defendant spoke with slurred speech. Defendant agreed
to perform field sobriety exercises and failed to perform to standards. Defendant was arrested for DUI.
Defendant Failed Field Sobriety Exercises
Result: State Dropped The DUI Charge
Facts: At 3:50 am, police officer observed a car stopped improperly and blocking the westbound lane. The defendant was parked talking to another person. Defendant had an odor of an alcoholic beverage on his breath, bloodshot and watery eyes. Defendant admitted to being at Blue Martini earlier and then Town. Defendant also admitted to having some drinks. Police officer observed defendant to have low, slurred speech. Defendant was asked to perform field sobriety exercises and agreed. Defendant did not perform
to standards and was arrested for DUI.
Failed Field Sobriety Tests
Result: State Dropped The DUI Charge
Facts: At 9:25 pm, police officer on routine patrol observed defendant driving without headlights on and traveling at a high rate of speed, over 90 mph. A routine traffic stop was conducted. Upon contact, police observed defendant to have red watery eyes and odor. Field sobriety exercises were performed. Defendant did not perform to standards and was arrested for DUI.
‘So I Had Some Drinks, So What?’ – Defendant
Result: State Dropped The DUI Charge
Facts: At 2:07 am, Defendant was observed driving 56mph in a 45mph zone. Defendant was also observed striking the curb with his front left tire as he attempted to make a right turn. Police pulled defendant over and via PA system had defendant exit the vehicle with license. Upon contact the defendant stumbled out of his car and leaned up against it. Police officer could smell a strong odor of alcohol emitting from defendants breath and bloodshot eyes. The defendant stated “So I had some drinks, so what?” Field
sobriety exercises were conducted and defendant failed to perform to standards. Defendant was arrested for DUI.
Defendant Turned Windshield Wipers On Instead Of Turning Off Vehicle
Result: State Dropped The DUI Charge
Facts: At 3:40 am, police officers on routine patrol observed defendant sleeping behind the wheel, while car was running. Defendant was asked to turn off the vehicle and turned the windshield wipers on instead. Defendant consented to field sobriety exercises and did not perform to standards. Defendant was arrested for DUI.
Arrested After DUI Investigation
Result: State Dropped The DUI Charge
Facts: At 12:50 am, while on routine patrol, police officer observed a vehicle stopped in the roadway with reverse lights on. The Defendant was being observed for about 4 minutes. Police officer observed the defendant leaning hunched over out of the driver door vomiting. When police officer activated emergency lights, defendant put the car in drive and drove away. Police officer observed that the front left tire was blown out. Police officer continued to follow with emergency lights activated and hitting siren. Defendant continued driving and pulled into a driveway where she put the car in reverse. Police officer approached the vehicle on driver’s side and yelled to the defendant to stop the car. As the police officer approached the vehicle he observed the defendant to have glassy, bloodshot eyes. The defendant demonstrated slurred speech and had a hard time comprehending basic instructions. A DUI investigation was conducted and defendant was arrested for DUI.
Did Not Meet DUI Test Standards
Result: State Dropped The DUI Charge
Facts: At 2:55 am, police officer observed defendant make a U-turn with lights off in a posted no U-turn zone. A traffic stop was conducted and when police officer approached the defendant’s vehicle, he could smell alcohol coming from the defendant’s breath. The defendant had watery, bloodshot eyes. The defendant was asked to step out of the vehicle to perform road side tests and upon exiting the vehicle, defendant had to hold himself up by grabbing the vehicle door. Defendant did not perform to standards and was arrested for DUI.
Defendant Had Watery, Blood Shot Eyes
Result: State Dropped The DUI Charge
Facts: At 9:34 pm, while on patrol, police officer observed defendant fail to yield at a stop sign while exiting the Miccosukee Resort. Police officer activated emergency lights and pulled over Defendant. Defendant pulled over and opened his door and said “Sorry, Sorry, I’m sorry.” Police officer ordered defendant to close his door. When police officer approached the vehicle, he could smell a strong odor of alcohol beverage emitting from the defendants person. The defendant had watery, bloodshot eyes. Police officer performed 3 field sobriety tests. The defendant failed to meet standards and was arrested for DUI.
Defendant Arrested After Celebrating With Co-Workers
Result: State Dropped The DUI Charge
Facts: At 4:30 am, police officers were dispatched to a location where defendant was sleeping in the driver’s seat blocking the road. Upon arrival police officers observed the defendant sleeping with the keys in the ignition and the vehicle running. Police officers woke the defendant up and asked if the defendant needed medical assistance, to which he replied no. When asked why he was blocking traffic, the defendant stated he was looking for parking and did not notice he fell asleep behind the wheel. Police officers observed the defendant to have slurred speech, red bloodshot watery eyes, and a strong odor of alcoholic beverage emitting from his breath. Police officers asked defendant if he had anything to drink and the defendant stated he had been celebrating with co-workers and had a couple of cocktails. Field sobriety tests were conducted and defendant did not meet standards. Defendant was arrested for DUI.
Defendant Suffering From ADHD
Result: State Dropped The DUI Charge
Facts: At 1:35 am, police officer observed defendant fail to stop at a red light. A traffic stop was conducted. Upon contact with the defendant, officer detected a strong odor of alcoholic beverage on her breath, slurred speech, bloodshot eyes and unsteadiness on her feet. Field sobriety tests were conducted and defendant failed to perform to standards. Defendant was arrested for DUI. The defendant suffers from ADHD.
Defendant Came From Party Where He Drank Wine
Result: State Dropped The DUI Charge
Facts: At 5:24 am, Police were dispatched to a hit and run traffic crash. The defendant’s vehicle struck the right concrete barrier wall. The defendant fled the scene and stopped in front of the Miami Dade Police Department Midwest Station. Police officers advised the defendant to move his vehicle into the police department. Upon arrival, police observed the defendant parked at the police station sleeping with the vehicle turned off. The key was in the ignition. When awakened, the defendant was disoriented, face flushed, and a heavy odor of alcoholic beverage was emitting from the defendants breath and vehicle. The defendant was slow to exit the vehicle. The defendant stated that a black F-150 struck the front left quarter panel and the front of his vehicle. The defendant stated that he and the truck never stopped. Defendant stated he was coming from a party where he had consumed some wine. There was no evidence of transfer of paint on his vehicle which did not corroborate with defendant’s statements. Field sobriety exercises were performed and defendant did not perform to standards. Defendant was arrested for DUI.
Defendant Did Not Perform to Standards
Result: State Dropped The DUI Charge
Facts: At 7:33 pm, a call for service was dispatched in reference to a red pickup truck which had just collided with a tree and was attempting to flee the scene. Upon arrival, police officer observed defendant 2 blocks north of the incident. Due to the damage, the axel was broken and its two front tires were pointed in different directions. Defendant was stopped and taken out of the vehicle at gunpoint. The defendant was arrested for fleeing the scene of the accident with property damage. The defendant had an odor of an unknown alcoholic beverage on his breath, clothing and skin. The defendant was advised that the crash investigation was over and that a DUI investigation was about to commence. The defendant was asked to submit to a set of field sobriety exercises. The defendant did not perform the exercises to standards and was arrested for DUI.
‘I Only Had One Drink.’
Result: State Dropped The DUI Charge
Facts: At 11:40 pm, an anonymous caller advised police dispatch about a reckless driver. Police officer responded to the area and found the defendant’s vehicle with an expired tag stopped on the roadway. Police officer approached the vehicle and found the driver slumped over with the engine running. Police officer woke the driver up and asked for his driver’s license. Police officer observed defendant to have slurred speech, bloodshot eyes, and the smell of alcohol on his breath. Police officer offered the defendant voluntary roadside sobriety exercises and defendant replied “I only had one drink. I will gladly take any test.” The exercises were not performed to standards and defendant was arrested for DUI.
Defendant Agreed To Having A Few Beers (Fernando Toledo)
Result: State Dropped The DUI Charge
Facts: At 4:50 am, police officer was advised of a white pickup truck involved in a traffic crash. The vehicle had left the scene fleeing north on the Florida Turnpike. The Florida Turnpike Road Ranger had witnessed the collision and was following the pickup. Police officer caught up with the vehicle as it was exiting the turnpike. The Defendant made an unlawful right turn. Police officer activated overhead lights and stopped the defendant. Police officer approached the vehicle and asked defendant to step out. Defendant stated he was involved in an accident attempting to flee from people who had attempted to rob him. He further stated that was the reason why he did not remain at the scene. Police officer was advised by the Road Ranger that the defendant had struck the guardrail and no other vehicles were involved in the collision. As police officer was speaking to defendant, he could smell the odor of alcohol coming from his breath. Police officer asked defendant if he had been drinking and defendant said “I had a couple of beers.” Police officer observed the defendant swaying in an orbital motion while they spoke. Defendant’s eyes were red and glassy. Defendant was asked to perform field sobriety exercises and agreed. Defendant did not perform to standards and was arrested for DUI.
Venezuelan National Arrested For DUI
Result: State Dropped The DUI Charge
Facts: At 4:51 am, Police officer observed defendant at a complete stop in the center lane with the lights on. Police officer made a U-turn and got behind the defendant. Police officer activated emergency lights and ordered the driver to move the vehicle to the right lane via the PA. Defendant did not respond. Police officer requested a back-up unit. Police officer approached defendant’s vehicle through the driver’s side. Police officer observed the defendant sleeping with his hands resting on the wheel and the vehicle on. Police officer tapped defendant’s window twice and defendant woke up. Defendant opened the driver side door and stated he was lost. As the defendant opened the door to his vehicle, police officer could smell a strong odor of an alcoholic beverage. Defendant had bloodshot eyes and was mumbling as he spoke. Defendant was observed to be swaying from side to side. The defendant was asked to perform field sobriety exercises and said yes. The defendant did not perform to standards and was arrested for DUI. The Defendant is a Venezuelan national and we took over this case from another lawyer.
Defendant Refused To Submit To Field Sobriety Tests (Lee County)
Result: State Dropped The DUI Charge
Facts: At 8:55 pm, Police officer responded to a two-car traffic crash, where one car had rolled over. Defendant explained that she was making a U-turn at the intersection. Police officer found defendant at fault in the crash for failing to yield the right-of-way to the other driver. While speaking to defendant, police officer noticed she had a moderate odor of an alcoholic beverage on her breath as she spoke. Her eyes were bloodshot and watery. When defendant spoke, she slurred some of her words. Defendant was swaying as she stood talking to police officer. Defendant shuffled her feet and was very unsteady. Defendant refused to submit to field sobriety exercises and was arrested for DUI.
Charged With Possession Of Cocaine
Result: The State Dropped All Charges
Facts: At 5:55 pm, defendant was observed not clearing the road before signal turned red for him. Other cars were unable to enter roadway due to position of defendant’s car. Defendant was not wearing his seat belt. Police officer advised defendant he would be pulled over at the next intersection. Defendant began yelling and arguing, the behavior was unusual and continued as they neared the next light. Police officer pulled up beside him to instruct him where to pull over and defendant began yelling about the cost of tickets. Defendant was pulled over and asked to produce documentation and when produced, police officer observed a chalky/powdery substance on it. The card was expired. Police officer’s thumb became numb and suspicious the powder was cocaine, police officer requested a test kit from another officer. The results were consistent with cocaine and defendant was charged with possession of cocaine.
Defendant Had Prior DUI Record
Result: State Dropped The DUI Charge
Facts: At 12:43 am, units were dispatched to check on the well-being of a female who had fallen asleep at pump #7 in a gas station with the vehicle running and was possibly under the influence of alcohol. Police officers observed the defendant’s car moving and attempting to leave the gas station. The defendant was seen leaning out of the vehicle vomiting. Defendant was asked to place the vehicle in park and turn off the ignition. The police officer had to go in through the passenger door to turn off the ignition. The defendant was asked to perform roadside DUI exercises. Defendant had a heavy odor of alcohol coming from her breath, glassy eyes and was unable to stand without holding on to her vehicle. Defendant did not perform
to standards and was arrested for DUI. The Defendant had a prior DUI arrest.
Poor Performance On DUI Tests
Result: State Dropped The DUI Charge
Facts: At 11:20 pm, Police officer observed defendant losing control of his vehicle while making a right turn, failing to maintain his vehicle within a single lane and swerving into the lane of oncoming traffic. A traffic stop was conducted. Upon contact with the defendant, police officer detected an odor of an alcoholic beverage on his breath, flushed face, bloodshot eyes and slurred speech. Defendant performed poorly on field sobriety exercises and was arrested for DUI.
Glassy, Bloodshot Eyes And Thick Slurred Speech
Result: State Dropped The DUI Charge
Facts: At 2:12 am, police officers observed defendant making a wide improper right turn with a bumper from another vehicle stuck to the vehicle rear bumper. A traffic stop was conducted. Upon contact with the defendant, police officers detected an odor of an alcoholic beverage on defendant’s breath, glassy bloodshot eyes and thick slurred speech. Defendant performed poorly on the field sobriety exercises and was placed under arrest for DUI.
Defendant Had Fresh Vomit On His Pants
Result: State Dropped The DUI Charge
Facts: At 5:17 am, police officer observed defendant approaching the police officer’s vehicle at a high rate of speed. Defendant was going 77mph in a posted 50mph zone. Defendant was failing to maintain in his lane swerving onto other lanes. Police officer activated lights and siren to stop defendant, and defendant did not stop delaying but finally stopped. Police officer observed defendant to have long blank stares, slow movement, flushed face, bloodshot watery eyes, slurred raspy speech, and a strong odor of an unknown
alcoholic beverage coming from his breath and person. Defendant had fresh vomit on his right pant leg. Police officer conducted field sobriety exercises and defendant did not perform to standards. Defendant was arrested for DUI.
Refusal To Take Breath Test
Result: Motion To Suppress Granted; State Dropped Charges
Facts: Client was asleep in her car in a parking lot. The keys were in the ignition, the car was running and in park. Police officers woke her up, smelled alcohol on her breath, observed her mumble when she spoke and had difficulty with her balance. When the officers asked her to submit to roadside sobriety tests, she refused and was arrested. She refused the breath test. Creative defense: In order to prove DUI, Florida law requires the state to establish beyond a reasonable doubt that someone was driving or in actual physical control of a vehicle while under the influence of alcohol to the extent that their normal faculties are impaired. “Actual physical control” is defined as being in or on a vehicle AND having the present capability
to operate the vehicle. Because she was asleep in the car, there was no way she could have had the capability to operate the vehicle.
Car Parked On Bike Path With Marijuana
Result: Motion To Suppress Granted; State Reduced DUI Charge
Facts: Client and friend parked on grassy area off Old Cutler Road in South Miami-Dade. A police officer drove up alongside their car and alleged in his reports that he smelled the sweet odor of marijuana from their car, though he didn’t observe any marijuana. Client tells us he was smoking a clove cigarette. The officer also alleges that the car was parked on the bike path which my client denied. Creative Defense: We confronted the officer in court with several packages of clove cigarettes. He admitted that the smell was consistent with the sweet aroma of marijuana and that might have been what he smelled. We also presented photos of the car in the same spot as well as live testimony from witnesses who observed the car not on the bike path the night of the arrest.
Claimed Performance On Tests Result Of Gusty Winds
Result: No DUI Conviction – State Reduced DUI Charge
Facts: Client is a young man, 21 years old, 5’10”, and a very slim 130 pounds. He was arrested on the Rickenbacker Causeway near Key Biscayne. The police officer had the client perform Roadside Sobriety Exercises on the causeway. Client advised us that the wind was gusting, perhaps 20-30 miles an hour and his performance on the exercises was poor as a result. Creative defense: We obtained Wind Gust Recording Charts from the United States National Climatic Data Center, in Asheville, N.C. which established the gusting wind conditions at that specific location. We established that the test conditions that night were unfair, tainted and the results of the tests could not be used as evidence.
