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DUI Wins

Our Recent Victories

Sep 9, 2009 Case: CT-0531-XCM Judge Courtney
The defendant was stopped for running a red light. This was captured on video tape as was the entire incident. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests for the officer as requested. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn, he lost his balance on the turn, took the incorrect number of steps, and failed to maintain his balance during the instructions. He was then arrested for DUI.
The State Dropped the DUI.
Sep 7, 2009 Case: 09-CT-391 Judge Burgess
The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and unsteadiness. While exiting the car, the defendant stated he had two rum drinks. The defendant performed the roadside tasks at the request of the officer. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .178 in the breath machine.
The State Dropped the DUI.
Sep 6, 2009 Case: 08-14310MM10A Judge Lazarus
The defendant was stopped for making an illegal u-turn as well as fishtailing for 5 seconds. The officer observed an odor of alcohol, bloodshot glassy eyes and slurred speech. The defendant stated he had a few drinks and agreed to perform field sobriety tests. He subsequently failed the finger to nose, walk and turn test and the HGN (eye test). He allegedly failed all three and was arrested for DUI. He then blew a .160 in the breathalyzer.
The motion was granted. All of the evidence was thrown out.
Sep 6, 2009 Case: 48-2007-CT-1332A Judge Clark
The defendant was stopped for weaving and driving up on a curb. The officer noticed an odor of alcohol, the defendant had trouble locating his license, and glassy eyes. The defendant performed the roadside tests. For example, on the walk and turn, he could not hold the instructional stance, stepped off the line, and used his car to regain his balance. After all the roadsides were performed, he was arrested for DUI and then blew .135 in the breath machine.
On the morning of trial, the DUI was Dismissed.
Sep 3, 2009 Case: 1588-XED Judge Seraphin
The defendant was involved in a crash in which the person that hit her left the scene. When the police arrived, they noticed the defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .190 and a .168 in the breath machine.
The State dropped the DUI.
Sep 2, 2009 Case: 8662-XCM Judge Newman
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. On the walk and turn, she did not touch heel to toe and turned incorrectly. On the one leg stand test, she put her foot down four times. On the balance exercise, she estimated 10 seconds for 30 seconds. She was then arrested for DUI.
On the morning of trial, the DUI was dismissed.
Sep 1, 2009 Case: 2008CT026134AXX Judge Keyser
The defendant was stopped by the police as he was driving slowly through a residential neighborhood stopping at different houses. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having 4-5 drinks. When he exited the car, he was off balance. The defendant refused all further DUI testing. This was his second DUI.
After the State read the deposition of the officer and the motion, the DUI was dismissed.
Sep 1, 2009 Case: 07-019193MM10A Judge Lerner-Wren
The defendant was stopped for speeding and making a wide right turn. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. A can and bottle of beer were found in the defendant's car. The defendant further admitted to taking the pain medication Percocet. The defendant submitted to field sobriety tests at the request of the officer. For example, on the walk and turn test, she lost her balance during the instructions, raised her arms for balance, and did not touch heel to toe. On the finger to nose, she missed the tip of her nose, did not keep her eyes closed, and swayed.She was arrested for DUI.
The DUI was dismissed.
Aug 24, 2009 Case: 2009-CT-006143AXXX Judge Derke
The officer stopped the defendant after receiving a call about a disturbance in a lounge. The officer previously observed the defendant staggering to his car. After the stop, the officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused the roadsides and was arrested for DUI. This was the defendant's Third DUI offense.
Prior to trial, the State Dropped the DUI.
Aug 19, 2009 Case: CT-3325-XCO Judge McNeil
The defendant was stopped for speeding and drifting in and out of his lane of travel. The officer observed an odor of alcohol, watery eyes, and he fumbled with his driver's license. Upon exiting the car, he was unsteady on his feet. He performed the roadside tests at the request of the officer. For example, on the walk and turn, he did not touch heel to toe, stepped off the line, and turned incorrectly. On the one leg stand, he swayed and used his arms for balance. The entire incident at the scene was video taped. The defendant was subsequently arrested for DUI and this was his second DUI.
The State Dropped the DUI.
Aug 17, 2009 Case: 9374-XEC Judge Fernandez
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. An open beer can was found in the car. The defendant performed the field sobriety tests as requested. For example, on the walk and turn, he stepped off the line and failed to touch heel to toe. On the one leg stand, he put his foot down, raised his arms, and swayed. After his arrest for DUI, he refused the breath test.
The State Dropped the DUI on the morning of trial.
Aug 6, 2009 Case: CT-8314-XAM Judge Lefler
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, glassy eyes, and she appeared disoriented. She performed the field sobriety tests at the request of the officer which were video taped. According to the officer, she failed and was arrested for DUI. After her arrest, she blew a .087 in the breath machine.
The State Dropped the DUI.
Aug 6, 2009 Case: 6997-XDG Judge Fernandez
The defendant was involved in a crash in which she failed to yield. The officers observed an odor of alcohol, slurred speech, and watery eyes. Every roadside test was stopped for her safety because she was so off balance and almost falling down. After her arrest for DUI, she blew a .212 in the breath machine.
The State dropped the DUI.
Aug 6, 2009 Case: 341771-W Judge Fernandez
The defendant was stopped for speeding. The officers observed an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance getting out of the car. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. For example, on the one leg stand, he put his foot down, swayed, and raised his arms. On the finger to nose, he never touched his nose. After his arrest, he refused the breath test.
The DUI was Dismissed.
Aug 5, 2009 Case: 08-003093MM10A Judge Murphy
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and the defendant stated he had two beers. The defendant performed the field sobriety tests. For example, on the walk and turn, he missed heel to toe, stepped off the line, and did not touch heel to toe. On the one leg stand, he swayed and used his arms for balance. He was arrested for DUI and then blew a .089 in the breath machine.
The State dropped the DUI.
Aug 4, 2009 Case: 2008-CT-025584AXX (JURY TRIAL) Judge Bosso-Pardo
The defendant was stopped for running a red light and proceeding over railroad tracks as the gate was going up. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to having two red wines. A patrol car with a video camera was called to the scene to tape the defendant's performance on the roadside tasks. On the walk and turn exercise, he could not hold the instructional stance, stepped off the line numerous times, and did not keep his hands by his side. On the one leg stand, the defendant could not perform this task without losing his balance, raising his arms, and putting his foot down several times. He then went on to perform the finger to nose and alphabet tests well. After his arrest for DUI, he refused the breath test. At the station, the officer who was going to administer the breath test, testified he noticed slurred speech, swaying, and a loss of concentration (all of which allegedly occurred prior to the video tape turning on at the station).
The Jury found the defendant Not Guilty.
Aug 4, 2009 Case: 2008-MM-0199554AXX Judge Keyser
The defendant was stopped for making a jerky U-turn and allegedly crossing over the white lane markers two times over a short distance. The alleged weaving was captured on video tape along with the rest of the incident. The officer noticed an odor of alcohol, mumbled speech, glassy eyes, and disorientation. Numerous bottles of wine were found in the car. The officer attempted to conduct the field sobriety tasks. The defendant began the walk and turn but could not maintain her balance and said "I am Done." She was then arrested for DUI. This was the defendant's second DUI.
The State Dismissed the DUI.
Jul 30, 2009 Case: 2009-MM-589-A-K Judge Fowler
The defendant was stopped for speeding. The officer observed the defendant to be disoriented, have slurred speech, and an odor of alcohol. The defendant stated he drank 5-6 beers and should not be driving. The defendant was off balance and performed very poorly on the roadside tests. The entire incident was video taped. After his arrest, he refused the breath test.
Prior to ever filing the motion to dismiss, the State Dropped the DUI.
Jul 22, 2009 Case: 48-09-CT-0000470-0 (JURY TRIAL) Judge Ansbro
The defendant was found passed out in his car by police. Fire rescue arrived to assess the defendant's condition. The officers noticed an odor of alcohol, speech incomprehensible, and glassy eyes. He stumbled when he finally was awoken and got out of the car. The defendant performed the roadside tasks. For example, on the walk and turn, he lost his balance, raised his arms, and almost fell. On the one leg stand, he used his arms, counted wrong, and put his foot down. After his arrest for DUI, he blew a .149 in the breath machine.
After Jury deliberations, the State Dropped the DUI.
Jul 17, 2009 Case: 2008-CT-031277AXX Judge Bonavita
The defendant was stopped after a call alerted police that a fight had allegedly occurred between the defendant and a female. The officers noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant stated he had two drinks. He then performed the roadside tasks as requested. For example on the one leg stand, he almost fell over, hopped, and used his arms for balance. On the walk and turn, he stepped off the line, failed to touch heel to toe, and used his arms for balance. After failing all of them, he was arrested for DUI and then refused the breath test.
The State dropped the DUI.
Jul 14, 2009 Case: 08-009919CF10A Judge Levenson
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and the defendant swaying. The defendant refused the roadside tests and the breath test. This was the defendant's third offense and he was charged with Felony DUI.
On the morning of trial, the State Dropped the Felony DUI.
Jul 12, 2009 Case: 2939-XAV Judge Miranda
The defendant was stopped for driving illegally through a construction zone. The trooper who conducted the stop observed an odor of alcohol. He conducted roadside tests on the defendant and then called for another DUI officer. That officer also conducted roadside tests on the defendant. He observed bloodshot eyes, an odor of alcohol, and slurred speech. The defendant performed poorly on the additional roadside tests was arrested for DUI and then blew a .142 in the breath machine.
On the morning of trial and due to the above problem with the stopping officer's lack of recollection, the State Dropped the DUI.
Jul 12, 2009 Case: CT-3997-ELT Judge Lefler
The defendant was stopped for weaving all over the road and driving off the roadway. The defendant fumbled with his paperwork, had slow movements, and had mumbled speech. He performed poorly on the roadside tasks and was arrested for DUI. The officer believed he was impaired by either a chemical or controlled substance. After his arrest, he gave urine which tested positive for Xanax, numerous other prescription medicines, and Oxycodone.
The State Dropped the DUI.
Jul 5, 2009 Case: 2008-CT-1273TTMA Judge Ritenour
The defendant was stopped for speeding, weaving, and almost hitting a truck. The officer noticed an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant was staggering and unsteady. She refused the field sobriety tests and then refused the breath test.
Prior to the motion, the State Dropped the DUI.
Jun 29, 2009 Case: 1062-XED Judge Fernandez
The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadsides according to the officer. For example, on the one leg stand, he put his foot down and swayed. On the walk and turn, he stepped off the line, failed to touch heel to toe, and did not turn correctly. After his arrest for DUI, he blew a .146 in the breath machine.
The DUI was Dismissed due to the Statute of Limitations.
Jun 24, 2009 Case: 05-018177MM10A (JURY TRIAL) Judge Berman
The defendant was stopped for cutting off two cars and weaving. The officer noticed an odor of alcohol, bloodshot eyes, a flushed face, and slurred speech. The defendant stumbled exiting his car. The defendant performed the field sobriety tests. For example, on the walk and turn, he took 13 steps in one direction and 20 in the other after being instructed to take nine steps. On the finger to nose, the defendant was completely confused how to perform the test. He was arrested for DUI and then refused the breath test.
After jury selection, the State Dropped the DUI.
Jun 24, 2009 Case: 98-004259MM10A Judge Lerner-Wren
The defendant was stopped based on a call about a domestic dispute. The officer observed an odor of alcohol, unsteadiness, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant used his arms for balance, put his foot down, and swayed. On the walk and turn, the defendant did not touch heel to toe and counted improperly. He was arrested for DUI and refused the breath test.
The DUI was Dismissed.
Jun 23, 2009 Case: 359635-X (JURY TRIAL) Judge Ortiz
The defendant was stopped for sleeping in a drive through at a McDonalds. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she was swaying as she stood. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew .083 and .082 in the breath machine.
In the middle of jury selection, the State Dropped the DUI.
Jun 22, 2009 Case: 08-012914MM10A (JURY TRIAL) Judge Lerner-Wren
The defendant was stopped for speeding and stopping in the middle of an intersection. The officer observed an odor of alcohol and bloodshot eyes. He performed the roadside tests at the request of the officer which were video taped. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
The Jury found the defendant Not Guilty in less than fifteen minutes.
Jun 22, 2009 Case: 3338-FLB Judge Ortiz
The defendant was involved in a crash in which he hit a tree after cutting off another car. When officers arrived, they observed an odor of alcohol mumbled/slurred speech, and bloodshot eyes. The defendant failed the field sobriety tests according to the officer and was arrested for DUI. For example, he could only reach the number eight on the one leg stand and lost his balance. On the walk and turn, he stepped off the line and did not touch heel to toe. After his arrest, he blew a .155 and .147 in the breath machine.
Prior to the motion hearing, the State Dropped the DUI.
Jun 22, 2009 Case: 8050-XEJ Judge Bloom
The defendant was stopped for speeding and weaving. The officer observed and odor of alcohol, bloodshot eyes, and he was unsteady exiting the car. He performed poorly on the roadside tests. For example, on the one leg stand, it was stopped for his safety and on the walk an turn, he stepped off the line, took an incorrect number of steps, and could not hold the instructional stance. After his arrest for DUI, he blew .141 in the breath machine.
The State Dropped the DUI on the morning of trial.
Jun 17, 2009 Case: CT-OO144-XCG Judge McNeil
The defendant was found passed out in her car in a parking lot. She had vomit all over herself. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She was swaying when outside the car, had difficulty exiting the car, and was slow to respond to the officer's commands. She refused the roadside tests and the breath test.
The State Dropped the DUI.
Jun 15, 2009 Case: 07-022808MM10A Judge Diaz
The defendant was involved in a crash in which she hit a mail box. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. She failed the walk and turn and one leg stand and was arrested for DUI. The defendant also admitted to taking Xanax and Lexapro on the day in question. After her arrest, she refused the breath test.
The State dropped the DUI.
Jun 15, 2009 Case: 9069-XEJ Judge Arzola
The defendant was stopped for running a stop sign, weaving, and almost hitting a parked car. The officer noticed an odor of alcohol, slurred speech, and she held onto the door for balance. She could not perform any of the roadside tests without losing her balance. After her arrest for DUI, she blew a .173 in the breath machine.
The State Dropped the DUI.
Jun 15, 2009 Case: 0695-XAZ Judge Seraphin
The defendant was stopped for driving through a crash scene which was being investigated by police and she almost hit someone. Upon contact, the officers noticed an odor of alcohol, bloodshot eyes, and slow speech. She failed all the field sobriety tests according to the officer. After her arrest for DUI, she blew a .098 in the breath machine.
The State Dropped the DUI.
Jun 11, 2009 Case: 2008-CT-008021 Judge Miller
The defendant was stopped for striking a curb, swerving, and driving to slow. The officer observed an odor of alcohol, bloodshot eyes, and she stumbled as she walked. She performed poorly on the roadsides tests and was arrested for DUI. After her arrest, she blew a .148 in the breath machine.
The DUI was Dismissed.
Jun 11, 2009 Case: 2009-CT-035931AXXX Judge Murphy
The defendant was stopped for failing to maintain a single lane and speeding. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant performed the roadside tests at the request of the officer which were video taped. According to the officer the defendant performed poorly and was arrested for DUI. After his arrest, he blew a .108 and .105 in the breath machine.
The State dropped the DUI.
Jun 10, 2009 Case: 09-2918CFAES (JURY TRIAL) Judge Siracusa
The defendant was stopped for speeding and running a stop sign. The officer who made the stop observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer made similar observations in addition to slurred speech. The defendant allegedly swayed, had balance problems, and staggered when he walked. He could not keep his balance during the instructional phase of the walk and turn test and the exercise was discontinued. The defendant refused the rest of the tests and was arrested for DUI. He then refused the breath test. This was the defendant's Fourth DUI and he was charged with Felony DUI.
The Jury found the defendant Not Guilty.
Jun 5, 2009 Case: 07-024407MM10A Judge Lazarus
The defendant was allegedly driving the wrong way and nearly struck another vehicle that was believed to be driven by an off duty police officer. She then pulled into a parking lot and the car she nearly struck followed her. The off duty police officer blocked her car in and when she tried to leave, she struck his car. He then called the police. The police arrived and noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, very slurred speech, and she was extremely unsteady on her feet. She refused to perform roadside exercises and a breath test.
The State dropped the DUI due to the lack of credibility of the alleged "off duty officer."
Jun 2, 2009 Case: 2008-CT-027612AXX Judge Keyser
The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking 2-3 glasses of whiskey. He performed field sobriety tests at the request of the officer which were video taped. According to the officer, he performed poorly and was arrested for DUI. At the breath testing facility, he blew a .201 in the breath machine.
Prior to the motion, the State dropped the DUI.
May 20, 2009 Case: 09-01761-MMA Judge Herr
The defendant was found passed out in her car by the police in parking lot. They observed the defendant to have an odor of alcohol, glassy eyes, and thick tongued speech. The defendant was confused where she was located, stumbled upon getting out of the car, and swayed while outside the vehicle. She refused the roadside tasks and after her arrest for DUI she blew a .154 in the breath machine.
The State dropped the DUI.
May 20, 2009 Case: 07-CT-018881AXX (JURY TRIAL) Judge Bosso-Pardo
The defendant was found by the police passed out in his truck parked at a Publix shopping center. When the defendant finally opened the door after a minute of banging by the officer, he had the keys in his hand. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The DUI officer made similar observations, along with the observation of the defendant staggering out of the truck. The defendant performed the field sobriety tests at the request of the officer. According to the officer, he failed and was arrested for DUI. The defendant then agreed to give a breath sample. After trying to blow in the breath machine numerous times, but no reading registered, the police called it a refusal. This was the defendant's second DUI.
The Jury found the defendant Not Guilty in less than ten minutes.
May 18, 2009 Case: 317654-X Judge Fernandez
The defendant was stopped for having no brake lights and alleged improper lane changes. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused to perform the roadside tasks and was arrested for DUI. He then blew a .215 in the breath machine.
The State Dropped the DUI.
May 18, 2009 Case: 0053-XDK Judge Newman
The defendant was stopped for driving slowly and weaving. The officer noticed an odor of alcohol, glassy eyes, and slow/slurred speech. The defendant performed the field sobriety tests at the request of the officer. For example, on the finger to nose, she did not touch the tip of her nose one time. On the estimation of time test, she only estimated 22 seconds for 30 seconds, used her arms for balance, and swayed. After her arrest for DUI, she refused the breath test.
Pursuant to the Statute of Limitations, the DUI was Dismissed.
May 13, 2009 Case: 48-2007-CT-015567-0 Judge Allen
The defendant was stopped for weaving. The officer noticed the defendant had an odor alcohol, fumbled with his paper work, and admitted to having four beers. He performed poorly on the roadside tests according to the officer which were taped. He then blew a .106 in the breath machine.
The DUI was Dismissed.
May 10, 2009 Case: 5078-XED Judge Newman
The defendant was involved in a crash whereby he backed into another car. The officers noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He performed poorly on the roadside tests, admitted to drinking beer, and was arrested for DUI. After his arrest, he blew a .202 and .192 in the breath machine.
The State Dropped the DUI.
May 6, 2009 Case: 2009-MM-3488 Judge Herr
The defendant was stopped for striking a curb and speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and slow movements. She also held onto the car for support. She performed the roadside tests at the request of the officer. According to the officer, she failed and was arrested for DUI. She then refused the breath test.
The State Dropped the DUI.
May 2, 2009 Case: 2008-CT-6446 (JURY TRIAL) Judge Jancewicz
The defendant was stopped for weaving over the lane markers at least ten times over a two mile period. The officer noticed an odor of alcohol and slurred/mumbled/incoherent speech. Furthermore, the officer observed the defendant swaying as he stood, using his truck for support, and walking slowly. The defendant refused the roadside tests and the breath test.
The Jury found the defendant Not Guilty in Five Minutes.
May 1, 2009 Case: 2008MM021691AXXX Judge Martz
The defendant was found in a ditch off of the roadway. The officer made contact with the defendant and observed an odor of alcohol and bloodshot eyes. He informed the defendant that he was conducting a DUI investigation. He was subsequently arrested for DUI and refused a breath test.
The DUI was dismissed.
May 1, 2009 Case: 08-010263MM10A Judge Ross
The police were dispatched in reference to a black truck parked improperly on the highway with someone sleeping inside. When the police arrived, they made contact with the defendant who was eating "taco bell". The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated that he had four beers and was coming home from a concert. He performed the following field sobriety tests. On the one leg stand the defendant placed his foot down 3 times. On the walk and turn test he failed to touch heel to toe 16 out of 18 times. The defendant was arrested for DUI and blew a .105 in the breath machine.
The State dropped the DUI.
Apr 29, 2009 Case: 2008-CT-006673AXX (JURY TRIAL) Judge Moyle
The defendant was stopped for allegedly weaving three times into the bike lane during a DUI saturation patrol. The officer observed an odor of alcohol and glassy eyes. A DUI officer was called who conducted a DUI investigation. He observed balance problems, an odor of alcohol, and slurred speech. The defendant performed the walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew .10 (over the legal limit) into the breath machine.
The Jury found the defendant Not Guilty.
Apr 27, 2009 Case: 6446-XDX Judge Ortiz
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, slurred/slow speech, and bloodshot/watery eyes. The defendant refused both the field sobriety tests and the breath test.
The State Dropped the DUI on the morning of trial.
Apr 24, 2009 Case: 08-025744MM10A Judge Ross
The defendant was stopped for speeding and drifting within her lane. The officer observed an odor of alcohol, mumbled speech, glassy eyes, and a flushed face. The defendant performed the roadside tasks. For example, on the one leg stand, she lost her balance on number three. On the walk and turn, she started early and did not touch heel to toe. Finally, on the finger to nose, she did not keep her head tilted back and did not keep her feet together. After her arrest for DUI, she refused the breath test.
The DUI was Dismissed prior to trial as the video contradicted everything the officer wrote.
Apr 24, 2009 Case: 07-025830MM10A Judge Diaz
The defendant was found passed out in his car by the police. The officer observed an odor of alcohol, flushed face, and red eyes. When asked for his drivers license, the defendant gave the officer money. The defendant failed every roadside test and was arrested for DUI. After his arrest, he blew a .221 in the breath machine.
The DUI was Dismissed.
Apr 23, 2009 Case: 98-033226MM10A Judge Diaz
The defendant was found asleep in his car by the police. The officer noticed an odor of alcohol, mumbled speech, and he was unsteady and staggering on his feet. He failed all the roadside tests. For example, on the walk and turn, he was off balance during the entire exercise. On the one leg stand, he put his foot down and swayed. After his arrest for DUI, he blew a .113 in the breath machine.
The State dropped the DUI.
Apr 22, 2009 Case: 08-007523MM10A Judge Gehl
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant refused to conduct roadside tasks at the request of the officer. He then refused the breath test.
The State Dismissed the DUI since they would not be able to prove beyond a reasonable doubt that the defendant's "normal faculties were impaired."
Apr 20, 2009 Case: 0067-XDK Judge Seraphin
The defendant was stopped for numerous improper lane changes and speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unsteady on his feet. The defendant could not perform any of the roadside tasks according to the officer's reports. He was arrested for DUI and refused the breath test.
The State read the sworn deposition on the morning of trial and then Dismissed the DUI.
Apr 20, 2009 Case: 2571-XDP Judge Bloom
The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and watery eyes. He called for a DUI unit to conduct roadside tasks. On the walk and turn, the defendant used his arms for balance, did not touch heel to toe, and lost his balance during the instructions. On the one leg stand, he put his foot down three times and used his arms for balance. He was arrested for DUI.
The State dropped the DUI.
Apr 14, 2009 Case: 08-017281MM10A Judge Cowart
The defendant was stopped for blocking traffic and then subsequently speeding. The officer observed an odor of alcohol and slurred/mumbled speech. The officer then stated that the defendant was unsteady while exiting the vehicle. He performed the one leg stand, walk and turn, finger to nose, as well as the HGN (eye test). The defendant was subsequently arrested for DUI.
The DUI was dismissed.
Apr 14, 2009 Case: 08-6648MM10A Judge Cowart
The defendant was stopped for speeding and making an illegal right turn. The officer initially observed an odor of alcohol and glassy eyes. The officer performed several field sobriety tests and was subsequently arrested for DUI. He subsequently blew a .185 in the breath machine.
The State dismissed the DUI prior to the motion being heard.
Apr 14, 2009 Case: 08-CT-509074 Judge Adams
The defendant was stopped for an having an expired tag. The officer noticed an odor of alcohol, bloodshot eyes. She performed roadside tests at the request of the officer. According to the officer, she did not perform to standards and was arrested for DUI. After her arrest, she refused the breath test.
Prior to trial, the State agreed and dropped the DUI.
Apr 13, 2009 Case: 9003-XEJ Judge Krieger-Martin
The defendant was stopped for almost striking a median and failing to signal which affected an officer who was behind him. The officer observed an odor of alcohol, bloodshot eyes, and a sleepy look. The defendant performed the roadside tasks at the request of the officer. According to the officer, he performed poorly and was arrested for DUI. He then refused the breath test.
The State dropped the DUI.
Apr 13, 2009 Case: 3959-XDK Judge Miranda
The defendant was stopped for failure to yield by pulling out in front of an officer. The officer observed an odor of alcohol, a flushed face, and slurred speech. The defendant refused to do the roadside tests and was arrested for DUI. After his arrest, he took a breath test and blew a .230 (almost three times the legal limit).
The DUI was Dismissed on speedy trial grounds.
Apr 11, 2009 Case: 2009-CM-017152 Judge Lefler
The defendant was stopped for making an improper turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests which were video taped. According to the officer, he performed poorly and was arrested for DUI. Numerous beers were found in the defendant's car. After his arrest, he blew a .091 and .090 in the breath machine.
The State Dropped the DUI.
Apr 11, 2009 Case: 09-CT-014423AXX Judge Bonavita
The defendant was found in his vehicle by the police parked on a sidewalk. He was passed out behind the wheel. The lights were on, but the keys were on the passenger seat. When the officer finally awoke the defendant after several minutes, he noticed an odor of alcohol and slurred speech. The defendant stated he had many drinks and thought he was actually on the Sawgrass Expressway. The defendant was asked to step out of the car and was unsteady, incoherent, and had trouble standing. He refused the roadside tests and was arrested for DUI.
Moments before picking a jury, the State Dropped the DUI.
Apr 6, 2009 Case: 08-101MM10A Judge Gehl
The defendant was stopped for driving eastbound in the west bound lanes. The defendant also ran a red light. The officer observed an odor of alcohol and glassy eyes. She stated she had three glasses of wine. The defendant refused the roadside tests and the breath test.
Both motions were granted and the State Dropped the DUI.
Apr 5, 2009 Case: 48-2008-CT-004316-O Judge Brewer
The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had two drinks and fumbled while looking for his driver's license. The defendant was arrested after performing the roadside tasks. He blew a .120 in the breath machine after his arrest for DUI.
The DUI was Dismissed.
Apr 3, 2009 Case: 2008CT02909 Judge Arnold
The defendant was stopped for failure to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and a flushed face. After failing each of the sobriety tests the defendant was arrested for DUI. While in jail, the defendant appeared in front of a judge. Without a lawyer, the defendant was convinced to take a plea to a DUI. After being released from jail, he subsequently retained the firm to undo his plea and defend his case.
The State dropped the DUI.
Apr 2, 2009 Case: 08-011362MM10A Judge Seidman
The defendant was first seen weaving on the roadway. The officer then observed that she hit the curb before jerking back into her lane. The officer initiated a traffic stop in the parking lot of a gas station. The officer observed a strong odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called to the scene. The defendant performed several field sobriety tests. On the stand and balance test the defendant swayed from side to side. On the finger to nose, she failed to touch her finger to her nose on several attempts. On the walk and turn test, she failed to walk heel to toe and stepped off the line. She was subsequently arrested for DUI.
The State dropped the DUI.
Apr 2, 2009 Case: CT-004881-FYR Judge Dominguez
The defendant was involved in a muli-car rear end collision for which he was at fault. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, was slow responding to the officer's questions, and kept repeating himself. Due to the defendant's injuries, he was transported to the hospital. At the hospital, the officer requested that the defendant's blood be drawn. He had previously told the defendant at the scene he would be required to provide blood. The blood results from the lab revealed that the defendant tested positive for alcohol and controlled substances. The defendant was then charged with DUI causing damage to person and/or property while under the influence of alcohol and controlled substances (ie. Xanax and marijuana).
Prior to the motion, the State dropped the DUI.
Apr 2, 2009 Case: 07-012447MM10A Judge Lerner-Wren
The defendant was the at fault driver in a five car traffic accident. The officers all noticed that the defendant appeared sleepy and incoherent. His speech was slurred and he was stumbling around the accident scene. While the officer observed a flushed face, he stated that he observed no odor of alcohol. He stated that he takes medication for several injuries that he suffered to his back. The defendant was unable to successfully perform any field sobriety tests and was arrested for DUI. He later provided a urine sample which was positive for opiates, and hydrocodone.
The State dropped the DUI.
Mar 30, 2009 Case: CT-009725-XDK Judge Rice
The defendant was stopped after hitting numerous traffic cones in front of an officer. The officer observed an odor of alcohol, bloodshot eyes, and the defendant appeared unsteady and off balance while standing outside of his car. While refusing to do the roadside tasks, the defendant stated, "I am screwed." He was then arrested for DUI. He later refused the breath test. The whole incident was video taped.
The State dropped the DUI.
Mar 30, 2009 Case: 08-010734MM10A Judge Ireland
The defendant was approached by police officers working an undercover drug operation. The defendant just happened to be passing through that area. They approached her car and told her to provide her driver's license. The officers observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant, who was scared because of all the officers around, refused to get out of the car. She was arrested for DUI.
On the morning of trial and the motion to suppress, the State dropped the DUI.
Mar 23, 2009 Case: 3872-XDK Judge Ortiz
The defendant was stopped for speeding and failure to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. The defendant refused the roadside tests and the breath test.
The DUI was Dismissed.
Mar 17, 2009 Case: CT-002342-FTC Judge Thomas
The defendant was stopped for a having a front head light and also a tag light out. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer, the defendant failed the roadsides which included the HGN (eye test), walk and turn, one leg stand, finger to nose, and alphabet tests. The whole incident was video taped. The defendant first admitted to having a few beers, then admitted having six, and finally told the officer he drank eight coronas. He was arrested for DUI.
The State dropped the DUI.
Mar 16, 2009 Case: 08-022817MM10A Judge Seidman
The defendant was stopped for speeding. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was asked to perform roadside tests to which he complied. He performed the finger to nose and estimation of time tests. According to the officer, he performed poorly. He was arrested for DUI and refused the breath test. The whole incident was video taped.
The State dropped the DUI on the morning of trial.
Mar 9, 2009 Case: 2009-CT-6032 (JURY TRIAL) Judge Moran
The defendant was stopped for driving the wrong way, cutting across three lanes of traffic, and almost causing a collision. The officer observed an odor of alcohol, bloodshot eyes, lethargic movements, and slurred speech. The defendant performed poorly on roadside tests according to the officer. The defendant stated on video that he had a total of between 5-7 drinks. He also told the officer he had too much to drink and that is why he did not drive earlier. He was arrested for DUI and then refused the breath test. This was the defendant's second DUI.
The Jury found the defendant NOT GUILTY.
Mar 6, 2009 Case: 2009-CT-004977AXX (TRIAL) Judge Marx
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed some field sobriety tests at the request of the officer. For example, on the one leg stand, he put his foot down four times and on the alphabet test he stopped at the letter "v". After he was arrested for DUI, he blew a .084 in the breath machine. This was the defendant's second DUI.
The defendant was found Not Guilty.
Feb 25, 2009 Case: 08-CT-019208AMB (JURY TRIAL) Judge Moyle
The defendant was stopped for a inoperable tag light. The officer who stopped him testified he observed an odor of alcohol and the defendant was fumbling with his items in the car. A DUI unit arrived within seconds. That officer stated he noticed an odor of alcohol, glassy eyes, slow movements, and slow/slurred speech. The defendant was asked to perform field sobriety tests. He performed the walk and turn, one leg stand, finger to nose, and alphabet tests. There was no video tape at the scene. According to the officer, he did not perform to standards and was arrested for DUI. After his arrest, and on video at the station, he admitted to drinking Hennessey and slightly feeling the affects of the alcohol. Furthermore, he complied with the arresting officer's request to take a breath test. The defendant blew a .106 and a .106 in the breath machine. (both tests were over the legal limit of .08).
The Jury found the defendant Not Guilty.
Feb 25, 2009 Case: CT-000364-XCO Judge Dominguez
The defendant was stopped for speeding and drifting. The officer noticed an odor of alcohol, swaying, slurred speech, and bloodshot eyes. Also, the defendant was slow to respond to the officer's requests. The defendant stated he drank one Budweiser beer. Furthermore, he performed the walk and turn, one leg stand, and finger to nose tests. The entire incident, including driving pattern, was captured on video tape. According to the officer, the defendant performed poorly and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.
The State dropped the DUI.
Feb 23, 2009 Case: 9218-XEC Judge Seraphin
The defendant was stopped for failing to use his turn signal. The officer observed an odor of alcohol, slurred speech, and a flushed face. He performed the field sobriety tests at the request of the officer. For example, on the walk and turn test, he lost his balance during the turn and did not touch heel to toe. On the finger to nose, he missed the tip of nose all six times, did not remove his finger from his nose, and kept his eyes open. He was arrested for DUI and then refused to take the breath test.
The DUI was dismissed.
Feb 19, 2009 Case: 48-2007-CT-018159-0 Judge Ansbro
The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, unsteadiness, and heavy eye lids. The defendant performed the roadside tests at the officer's request. On the walk and turn, she did not touch heel to toe and stepped off the line. On the HGN (eye test), the officer noticed and angle of onset prior to 45 degrees and a lack of smooth pursuit in her eyes. Also, on the one leg stand test, she counted wrong and swayed. After her arrest, she blew a .125 in the breath machine.
The DUI was dismissed.
Feb 17, 2009 Case: 9984-XDJ Judge Miranda
The defendant was stopped for failing to maintain a single lane and running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant had to use the door for balance upon exiting the car. He performed the walk and turn and one leg stand tests. For example, on the one leg stand, he put his foot down three times and used his arms for balance. On the walk and turn exercise, it was not conducted for the defendant's safety after he kept losing his balance during the instructional phase. He was then arrested for DUI.
After speaking to the officer, the State dropped the DUI.
Feb 17, 2009 Case: CT-008720-XAM Judge Lefler
The defendant was stopped after allegedly pulling out in front of a police officer causing him to take evasive action in order to avoid a collision. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. She performed roadside tests at the request of the officer. All of the tests were video taped. After allegedly performing the walk and turn, one leg stand, alphabet, and count backwards (100-75) tests poorly, she was arrested for DUI.
The State dropped the DUI.
Feb 9, 2009 Case: CT-1011-XCM Judge Courtney
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant was unsteady on his feet. He refused to perform the roadside tests and was arrested for DUI. He then refused the breath test.
The State Dropped the DUI.
Feb 3, 2009 Case: 08-010794MM10A Judge Diaz
The defendant was involved in a traffic crash where she left her lane of travel, drove on a center median, and hit a sign. She continued to drive off after the crash. When the officers caught up to her, she was out of the car. The officers noticed an odor of alcohol, slurred speech, and a flushed face. She was off balance and failed every field sobriety test. She was then arrested for DUI and Leaving the Scene of an Accident (LSA). After her arrest, she blew a .148 in the breath machine.
The State dropped the DUI and dismissed the LSA.
Feb 3, 2009 Case: 2670-XDP Judge Ortiz
The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant needed the car to support himself as he exited. He then performed poorly on the roadside tests. For example, on the walk and turn, he took the incorrect number of steps and stepped off the line numerous times. On the one legs stand, he put his foot down and could not make it passed the count of nine without the officer stopping the test. The defendant was arrested for DUI. This was the defendant's second DUI.
The State dropped the DUI.
Feb 2, 2009 Case: 08-CT-504431 Judge Hayward, Jr.
The defendant was stopped by an officer who was patrolling outside his jurisdiction pursuant to written multi-jurisdictional traffic task force guidelines. She was stopped for having a broken front head light. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She performed poorly on roadside tasks. For example, on the HGN (eye test), she had an angle of onset before 45 degrees and lack of smooth pursuit in both eyes. On the walk and turn, she did not touch heel to toe and was confused by the various instructions. On the one leg stand test, she swayed put her foot down two times. After her arrest for DUI, she admitted to feeling under the influence of alcohol and then blew a .176 in the breath machine.
Prior to the motion, the State dropped the DUI.
Jan 30, 2009 Case: 2008-CT-001125AXX Judge Cohen
The defendant crashed through a guard gate. Upon the officer's arrival, he observed an odor of alcohol and bloodshot eyes. The defendant was injured and taken to the hospital after being extracted from the car by fire rescue. At the hospital, the officer requested blood be drawn because a breath test was impossible. The lab results revealed blood alcohol results of .089 and .090. After the blood results were obtained, the defendant was arrested for DUI.
The State dropped the DUI.
Jan 27, 2009 Case: 08-CT-506341 Judge Adams
The defendant was stopped for weaving and drifting several times. The officer noticed an odor of alcohol, slow/slurred speech, and watery eyes. The defendant staggered once out of the car. She performed the HGN (eye test), walk and turn, and one leg stand tests. According to the officer, she performed poorly and was arrested for DUI. For example, on the walk and turn, she used her arms for balance and did not touch heel to toe. On the one leg stand, she put her foot down every five seconds. She later refused the breath test. None of the exercises were video taped.
The State dropped the DUI.
Jan 22, 2009 Case: CT-0363-XCO Judge Thomas
The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, balance problems, and slurred speech. The defendant performed roadside tasks which were captured on video tape. For example, on the walk and turn, the defendant stepped off the line, used his arms for balance, and turned incorrectly. On the one leg stand test, he swayed and put his foot down. After his arrest for DUI, the defendant blew a .091 and .090 in the breath machine.
The State dropped the DUI.
Jan 21, 2009 Case: 08-CT6410 Judge Epperson
The defendant was stopped while driving through a DUI sobriety checkpoint. The officer observed glossy red eyes, an odor of alcohol and slurred speech. The defendant was then asked to step out of his vehicle. The officer stated that he stumbled and swayed from side to side. The defendant agreed to perform field sobriety tests. On the HGN (eye test), the officer observed dilated eyes and lack of smooth pursuit. On the walk and turn test the officer stated that the defendant failed to touch heel to toe and stepped off the line. On the one leg stand he lost his balance and dropped his foot. On the finger to nose he failed to touch his finger to the tip of his nose. The tests were all captured on video.
The Court Granted the motion, and all of the evidence was thrown out. The DUI was dismissed.
Jan 21, 2009 Case: 31-2008-MM-002376-A (JURY TRIAL) Judge Wild
The defendant was driving back from the airport when he fell asleep at the wheel and lost control of the vehicle. The car drove off the road, almost hitting the fence in the swale. The first officer testified that when he arrived on scene, the defendant was still passed out behind the wheel, engine running and the car in drive. The deputy observed 2 six packs of Michelob ultra in the vehicle, with three unopened bottles left. When the defendant woke up he admitted to throwing the empty bottles out the window. On one of the throws he forgot that the window was closed and he broke the passenger side window. After observing an odor of alcohol, bloodshot eyes and extremely slurred speech, the deputy called for the Florida highway patrol to conduct a DUI investigation. On the walk and turn test the defendant could not get past the first five steps and testified that the he almost fell three times. He was arrested for DUI. At the jail, he admitted to being under the influence and drinking 8 ounces of vodka.
The Jury found the defendant NOT GUILTY.
Jan 20, 2009 Case: 290002-X Judge Ortiz
The defendant was involved in a rear end crash for which he was at fault. When the officer's arrived, the defendant was standing outside the car. He observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused all roadside testing. However, after his arrest for DUI, he blew a .143 in the breath machine. This was the defendant's third DUI.
The DUI was dismissed.
Jan 20, 2009 Case: 9235-XEC Judge Miranda
The defendant was detained by a security guard after he crashed into a concrete divider in a parking garage. When officers arrived, they noticed an odor of alcohol, slurred speech, and unsteadiness. The defendant stated he took Xanax and drank six beers. The defendant failed every field sobriety exercise due to his intoxication level. After his arrest for DUI, he blew a .20 in the breath machine.
On the day of trial, the State dropped the DUI.
Jan 20, 2009 Case: CT-008747-XAM Judge Conrad
The defendant was stopped for speeding. The officer noticed an odor of alcohol, difficulty following directions, bloodshot eyes, and swaying. The defendant only performed the walk and turn exercise. On that exercise, he stepped off the line, took the incorrect number of steps, and used his arms for balance according to the officer's reports. He was then arrested for DUI and refused the breath test.
The State dismissed the DUI.
Dec 2, 2008 Case: 07-MM-13332 Judge Eriksson
The defendant was stopped for running a red light. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also had sluggish body movements. He refused roadside sobriety testing and then refused the breath test.
THE STATE DROPPED THE DUI.
Nov 24, 2008 Case: 2008CT010121AXXXMA Judge Arias
The defendant was involved in a traffic crash where he failed to yield and sideswiped a truck. The officer observed slurred speech, an odor of alcohol, and bloodshot eyes. The defendant submitted to a blood draw at the request of the arresting officer and the results from the lab were a .129 and .129.
THE STATE DROPPED THE DUI PRIOR TO THE MOTION BEING HEARD.
Nov 19, 2008 Case: 07-010166MM10A Judge Gehl
The defendant was involved in a rear-end collision. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer's reports. For example, on the walk and turn test, he stepped off the line, used his arms for balance, and took the wrong number of steps. On the one leg stand exercise, he put his foot down five times and swayed. He was then arrested for DUI.
THE STATE DROPPED THE DUI.
Nov 13, 2008 Case: 48-2007-CT-1034-E Judge Allen
The defendant was found by police passed out and slumped over the wheel of his car. The keys were in the ignition and the engine was making loud noises. The officer noticed an odor of alcohol, the defendant seemed confused, and he admitted to drinking. He performed very poorly on the field sobriety tests. For example, on the one leg stand test, he put his foot down numerous times and mis-counted several numbers while counting aloud. On the walk and turn test, he stepped off the line, turned incorrectly, and raised his arms for balance. He was then arrested for DUI.
THE STATE DROPPED THE DUI.
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