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DUI Wins

Our Recent Victories

Nov 13, 2008 Case: CT-008921-XCL Judge Thomas
The defendant was stopped by a police car after being spotted by a police helicopter weaving down below. The entire driving pattern was captured from the air on DVD. Once the road patrol officer stopped the defendant, he observed an odor of alcohol, bloodshot eyes, and slurred speech. Later, the officer found three open corona beers inside the defendant's vehicle. According to the DUI officer, the defendant performed poorly on the roadside tests which were video taped. After his arrest for DUI, the defendant refused the breath test.
THE STATE DROPPED THE DUI.
Nov 12, 2008 Case: CT-009021-XAM Judge Conrad
The defendant was involved in a crash when his vehicle struck another car in a parking lot. He left the scene of the accident and was eventually caught by police in another parking lot. The police observed the defendant's car on top of a curb against a fence. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed field sobriety tests on video tape. For example, on the walk and turn task, he stepped off the line and did not touch heel to toe. On the one leg stand test, he swayed and used his arms for balance. The defendant was arrested for DUI and Leaving the Scene of an Accident (LSA). After his arrest, he blew a .129 in the breath machine.
THE STATE DROPPED THE DUI AND DISMISSED THE LSA.
Nov 8, 2008 Case: CT-008511-XCL Judge Lefler
The defendant was seen by an officer in a gas station convenience store leaning on a counter and heard very slurred speech. The officer then got in his patrol car and conducted a traffic stop of the defendant since he had already left the station. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech again. A DUI task force officer was called who made similar observations along with the defendant appearing to be unsteady and making many confusing statements. The defendant performed poorly on roadside tests which were video taped. For example, on the walk and turn test, the defendant took twelve steps forward and eleven steps back instead of the nine as instructed. Furthermore, he did not count aloud and was very unsteady. The defendant refused the breath test after his arrest for DUI. This was the defendant's second DUI.
PRIOR TO THE MOTION, THE STATE DROPPED THE DUI.
Nov 3, 2008 Case: 489353-X (JURY TRIAL) Judge Lindsey
The defendant was stopped for driving through a stop sign at a high rate of speed. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. The officer also wrote in his reports that the defendant had slurred speech. The defendant refused to perform any roadside tasks, cursed at the officer, and was arrested for DUI. Back at the police station, the defendant refused the breath test and was using profanity towards the officers the entire time. THIS WAS THE DEFENDANT'S THIRD DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY IN LESS THAN FIFTEEN MINUTES.
Nov 3, 2008 Case: 48-2008-CT-001153-0 Judge Bell
The defendant was stopped for a cracked taillight. The officer noticed an odor of alcohol, bloodshot/glassy eyes, a pale face, and the defendant's balance was unsteady. Also, the defendant's speech was slow and slurred. The defendant refused the roadside tests and was very uncooperative. After his arrest for DUI, he refused the breath test.
THE STATE DROPPED THE DUI.
Nov 2, 2008 Case: 404719-X Judge Newman
The defendant was stopped for running a red light and almost causing an accident. The officer who stopped the defendant noticed an odor of alcohol and balance problems. He then called for a DUI unit. The DUI officer made similar observations in addition to observing thick tongued speech and bloodshot eyes. The defendant performed poorly on roadside tasks according to the officer and was arrested for DUI. He then refused the breath test after his arrest for DUI. This was the defendant's second DUI arrest within a period of five years.
On the morning of trial, the officer who stopped the defendant could not remember anything about the case and the DUI WAS DISMISSED.
Nov 1, 2008 Case: 07-5710MM10A Judge Cowart
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed three field sobriety tests and was arrested for DUI. The defendant blew a .147 in the breath machine.
Both motions were Granted, and all of the evidence was thrown out.
Oct 30, 2008 Case: CTC069231EIHANC Judge Dittmer
The defendant was stopped for swerving in and out of his lane. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and swaying. The defendant stated to the officer he drank two Corona beers, a Heineken beer, and one Yager shot. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he blew a .08 in the breath machine. The entire incident was captured on video tape.
THE STATE DROPPED THE DUI.
Oct 27, 2008 Case: 08-1276-CT Judge Tinlin
The defendant was stopped for speeding and swerving for over two miles. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he drank a couple of beers. He was asked to perform field sobriety tasks which the defendant complied with the request. For example, on the walk and turn test, he stepped off the line, missed heel to toe, and took the incorrect number of steps. On the finger to nose test, he missed the tip of his nose and swayed. The defendant was arrested for DUI and then refused the breath test.
THE STATE DROPPED THE DUI.
Oct 21, 2008 Case: 087076-J Judge Lindsey
The defendant was stopped for speeding. The officer observed a strong odor of alcohol and bloodshot watery eyes. He had a noticeable sway to his stance and he agreed to perform field sobriety tests. On the rhomberg balance test, he swayed from left to right. On the one leg stand test he dropped his foot. On the walk and turn test he stepped off the line. On the finger to nose test he missed the tip of his nose with his finger 4 times. He was arrested for DUI.
The State dropped the DUI on the morning of trial.
Oct 21, 2008 Case: 1802-XAZ Judge Lindsey
The defendant was passed out in a vehicle on the right shoulder of the road. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. He also noticed that the defendant had constricted pupils. The defendant agreed to perform field sobriety tests. On the walk and turn test he lost his balance during instructions, stepped off the line and turned incorrectly. On the one leg stand test, he hopped on his foot during the test. On the finger to nose he missed the tip of his nose on each attempt. He was subsequently arrested for DUI.
The State dropped the DUI.
Oct 20, 2008 Case: 48-2007-CT-010716-O Judge Wixtrom
The defendant was stopped for driving with his right headlight out. The officer observed an "obvious" odor of alcohol and bloodshot eyes. The defendant admitted to drinking.The defendant performed several field sobriety tests. On the one leg stand he dropped his foot three times. On the walk and turn test, he failed to walk heel to toe, counted incorrectly and stumbled on the turn. He was arrested for DUI.
The DUI was dismissed.
Oct 20, 2008 Case: 2008CT-001665 Judge Brown
The defendant was passed out in the right lane of travel with a computer on his lap. The officer observed an odor of alcohol, flushed face, bloodshot eyes and slurred speech. The defendant appeared unsure when he exited the vehicle. He admitted to drinking and was asked to perform field sobriety tests. On the walk and turn test he stepped off the line, failed to walk heel to toe and used his arms for balance. On the one leg stand he failed to count to 30 properly saying 11 twice. He was arrested for DUI.
The State dropped the DUI.
Oct 14, 2008 Case: 8194-XCM Judge Ortiz
The defendant was stopped for doing a "power skid" at a high rate of speed. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. After performing poorly on the roadside tasks, he was arrested for DUI. He then blew a .162 in the breath machine.
ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI.
Oct 14, 2008 Case: CT-001856-XCG Judge Conrad
The defendant was involved in a traffic crash when he lost control of his vehicle, drove across all lanes of traffic, and struck a tree. The defendant was taken to the hospital due to injuries suffered during the crash. At the hospital, the officer investigating the accident observed the defendant to have an odor of alcohol and bloodshot eyes. The officer requested blood from the defendant because a breath test was not possible. The defendant refused. The hospital had already drawn his blood for medical purposes which revealed a blood alcohol level of .175. The defendant was subsequently arrested for DUI.
THE STATE DROPPED THE DUI.
Oct 14, 2008 Case: 511996-W Judge Miranda
The defendant was stopped at a sobriety checkpoint (ie. a roadblock). The officers observed an odor of alcohol, slurred speech, and a flushed face. According to the officers, the defendant performed poorly on the roadside tasks. For example, on the walk and turn test, the defendant stepped off the line, did not touch heel to toe, and paused to regain his balance. On the one leg stand task, he put his foot down more than once, swayed, and hopped. He was arrested for DUI and later refused the breath test.
THE DUI WAS DISMISSED BASED ON THE STATE'S DISCOVERY VIOLATIONS.
Oct 11, 2008 Case: CT-08-009081-XCL Judge Courtney
An off duty officer noticed the defendant drinking in a bar and felt that he was intoxicated due to his actions. The off duty officer followed the defendant outside the bar to prevent him from driving, however, the defendant already drove away. A civilian who had been in the bar, ended up stopping the defendant down the road. When the officers arrived at that location, they noticed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. The defendant could not even do the walk and turn due to his intoxication level. The entire incident was captured on video tape. The defendant was then arrested for DUI.
On the day of the motion hearing, THE STATE DISMISSED THE DUI.
Oct 7, 2008 Case: 2008-CM-005112 Judge Conrad
The defendant was stopped for straddling the lane markers and speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer saw marijuana on the defendant's seat and he had difficulty following instructions. He performed poorly on the roadside tasks. For example, he miscounted on the count backwards test (100-75) and incorrectly recited the alphabet. The defendant was arrested for DUI and possession of marijuana. He subsequently refused to take the breath test.
THE STATE DROPPED THE DUI AND THE DEFENDANT DID NOT RECEIVE ANY CONVICTION ON THE MARIJUANA CHARGE.
Oct 3, 2008 Case: 07-CT-7818-XCF Judge Courtney
The defendant was the at fault driver in a crash. The deputy observed an odor of alcohol and bloodshot watery eyes. The defendant was taken to the hospital where she provided a .105 blood alcohol sample. While at the hospital she admitted to drinking 2 vodkas with cranberry.
The State dropped the DUI on the morning of trial.
Oct 3, 2008 Case: 0664-XDK Judge Mills-Francis
The defendant was stopped for weaving on the roadway as well as speeding. He then allegedly stumbled as he exited the car. The officer observed a strong odor of alcohol, bloodshot watery eyes and slurred speech. The defendant stated he had 5-6 drinks. After failing the one leg stand, the defendant was arrested for DUI.
The DUI was dismissed.
Oct 3, 2008 Case: 07-CT-5778-XDN Judge Lefler
The defendant was detained outside of the guard gate at McDill Air Force Base. The Sgt. at the security gate observed an odor of alcohol, bloodshot eyes and slurred speech. The Sgt. contacted the local police department to conduct an investigation. The investigating officer made the same observations and administered field sobriety tests. After the tests, the defendant was arrested for DUI. He subsequently blew a .199 in the breath machine.
On appeal, the motion was granted and the DUI WAS DISMISSED.
Oct 1, 2008 Case: 07-2079CT Judge Atack
The defendant was stopped for speeding and weaving on his motorcycle. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. The defendant admitted to drinking four beers and taking Xanax. The defendant failed the roadside tests according to the officer, however, they were not video taped. After his arrest for DUI, the defendant refused the breath test.
THE STATE DROPPED THE DUI PRIOR TO TRIAL.
Oct 1, 2008 Case: 07-010243MM10A Judge Murphy
The defendant was involved in a hit and run accident. The driver of the other vehicle identified the defendant as the person who fled the scene. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused all testing and was arrested for DUI.
The State dropped the DUI prior to the Judge's ruling.
Sep 23, 2008 Case: 2008-CT-108 (JURY TRIAL) Judge Smith
The defendant was found passed out behind the wheel of a motor vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and flushed face. The defendant had an open beer in the car and appeared disoriented. He failed all the field sobriety tests and after his arrest for DUI blew a .207 in the breath machine. This was the defendant's second DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Sep 15, 2008 Case: 9021-XCM Judge Miranda
The defendant was stopped for swerving back and forth almost losing control of the vehicle. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness. On the rhomberg balance test he estimated 59 seconds for 30 seconds while swaying throughout. On the walk and turn test, he lost his balance during the instructions while failing to walk heel to toe in a straight line. The one leg stand was discontinued for the defendant's safety. On the finger to nose test, he missed the tip of his nose on five out of six attempts. He was arrested for DUI and blew a .166 in the breath machine.
The State dropped the DUI.
Sep 15, 2008 Case: 8777-XCM Judge Miranda
The defendant was stopped for swerving in and out of traffic while speeding. The officer observed an odor of alcohol, bloodshot eyes, flushed face and slurred speech. He performed several field sobriety tests. On the one leg stand he dropped his foot three times. On the finger to nose he missed the tip of his nose several times. On the walk and turn he failed to walk heel to toe and turned improperly. He was arrested for DUI and blew a .145.
The State dropped the DUI on the morning of trial.
Sep 12, 2008 Case: 08-CT-005649 Judge Epperson
The defendant was stopped for weaving several times. The officer observed an odor of alcohol and bloodshot eyes. Once the defendant stepped out of the car, she was off balance and unsteady. She admitted having three vodka/cranberry drinks and then performed poorly on the field sobriety tests. After her arrest for DUI, she blew a .233 and .244 in the breath machine.
THE STATE DROPPED THE DUI.
Sep 6, 2008 Case: CT-1635-XCM Judge Lefler
The defendant was stopped for driving at a high rate of speed and for almost hitting a car as she came to screeching stop at a red light. The officer observed an odor of alcohol, bloodshot eyes, and she used the car for balance. She performed the field sobriety exercises poorly according to the officer and was arrested for DUI. The defendant subsequently refused the breath test. All the roadside tests were video taped.
THE STATE DROPPED THE DUI.
Aug 22, 2008 Case: 08-507623WTWS Judge Salton
The defendant was stopped for squealing his tires. He allegedly did a "burnout" 4-5 times according to the officer. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed very poorly on roadside tests and then blew a .209 in the breath machine. This was the defendant's second DUI.
THE JUDGE, AFTER REVIEWING FLORIDA LAW, GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE. THE STATE DROPPED THE DUI.
Aug 20, 2008 Case: 07-005578MM10A Judge Lerner-Wren
The defendant was stopped for driving 65mph in a 45mph zone. The first officer on scene observed a strong odor of alcohol and bloodshot watery eyes. A DUI officer arrived and performed field sobriety tests. On the walk and turn test the officer stated that the defendant stepped off the line 7 times and failed to walk heel to toe. On the one leg stand he allegedly dropped his foot 3 times and swayed while attempting to balance himself. He then stated that he drank a few Captain Morgan's and was going home. He was arrested for DUI.
The State dropped the DUI in the middle of the motion to suppress.
Aug 13, 2008 Case: 2007-CT-019166AXX Judge Keyser
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, glassy eyes, and a bottle of bottle of Jack Daniels in the car. The defendant admitted to drinking and was asked to perform field sobriety tests which were video taped. According to the officer, he performed poorly on the one leg stand and walk and turn tests and then was arrested for DUI. He subsequently refused the breath test.
THE STATE DROPPED THE DUI.
Aug 12, 2008 Case: 2008CT-025724AXX Judge Eissey
The defendant crashed into a median on interstate 95 after he lost control of the car when a tire blew out. When the officer arrived, he observed an odor of alcohol and slurred speech. The airbags had deployed and the defendant had glass on his face from the impact of the crash. The officer then requested that the defendant perform field sobriety tests and the defendant complied. On the walk and turn test, he failed to touch heel to toe, stepped off the line, and almost fell. On the one leg stand exercise, he counted to three and then used the wall for support. The defendant was arrested for DUI and then refused the breath test.
JUST PRIOR TO THE MOTION HEARING, THE STATE DROPPED THE DUI.
Aug 9, 2008 Case: 3113-XCK Judge Arzola
The defendant was observed driving her vehicle into a tree. When the officers arrived, the defendant's car was still in drive resting against the tree. The officer observed an odor of alcohol, bloodshot watery eyes and slurred speech. She then performed several field sobriety tests. On the walk and turn test the defendant lost her balance during the instructions, failed to touch heel to toe and stepped off the line. On the one leg stand, the defendant put her foot down several times. On the finger to nose test, she failed to touch her finger to her nose. On the balance test she swayed and estimated 20 for 30 seconds. She was arrested for DUI. This was her 3rd DUI.
The DUI was dismissed.
Aug 7, 2008 Case: CT-008423-XCL Judge Conrad
The defendant was stopped for drifting and driving at different speeds. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a couple of drinks and then performed the roadside tasks. According to the officer, she performed poorly and was arrested for DUI. After her arrest, she blew a .135 in the breath machine.
THE STATE DROPPED THE DUI.
Aug 1, 2008 Case: CT-07-46837MMAES Judge Beck
The defendant was stopped for speeding. The officer observed an odor of alcohol, glassy eyes, and a flushed face. As the defendant exited her car, she staggered. She performed poorly on roadside tests. For example, on the walk and turn test, she stepped off the line numerous times and did not touch heel to toe. On the finger to nose, she did not close her eyes, did not remove her arms from her nose, and swayed. After her arrest for DUI, she blew a .163 in the breath machine. This was the defendant's second DUI within the past five years.
THE STATE DROPPED THE DUI.
Aug 1, 2008 Case: 2007CT15979-O Judge Cheek
The defendant was on video weaving all over the roadway. The trooper requested that the defendant exit the car, and she replied "no". The trooper observed a strong odor of alcohol, bloodshot eyes and thick slurred speech. He also stated that she had an orbital sway throughout the investigation. She refused all testing and was arrested for DUI.
The State dropped the DUI on the morning of trial.
Jul 29, 2008 Case: CT-08-003885-XC0 Judge Conrad
The defendant was stopped for speeding. A DUI task force officer responded to conduct the investigation. He first observed that the defendant had difficulty exiting the car and maintaining his balance. He had to be assisted by the officer to keep from falling. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed the following field sobriety tests. On the walk and turn test he failed to touch heel to toe, used his arms for balance and stepped off the line. On the one leg stand he dropped his foot 3 times. On the finger to nose he missed his nose 4 times. Finally, he failed to recite the alphabet correctly. He admitted to drinking 3 "Amber Bock" beers, and was arrested for DUI.
The State dropped the DUI.
Jul 15, 2008 Case: 20007-CT-007496AXX Judge Eissey
The defendant was stopped for swerving and almost striking a median. The officer observed the defendant to be non-compliant, could not stand still, have loud speech, was very impatient, and appeared "wirery." The officer believed that the defendant was impaired by something, although she did not smell any alcohol. The officer also noted dilated pupils. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, the officer found hydrocodone in her car. The defendant provided a urine sample which tested positive for a controlled substance. (Hydrocodone). Although the defendant was prescribed the Hydrocodone, she was still charged with Driving Under the Influence of a Controlled Substance.
THE DUI WAS DISMISSED.
Jul 14, 2008 Case: 9648-XDJ Judge Ortiz
The defendant was stopped based on a BOLO (be on the lookout) for a car driven by an intoxicated individual who was involved in an altercation at a party. The officer spotted the car and stopped the defendant. He observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was detained and brought back to the party to be identified and get further information about the altercation. No roadsides were conducted due to the defendant's intoxicated state, crying, and admissions of drinking. He was arrested for DUI and blew a.159 in the breath machine.
THE STATE DROPPED THE DUI.
Jul 14, 2008 Case: 7290-XDL Judge Bloom
The defendant was stopped for driving on the wrong side of the road. The officers noticed an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. The defendant performed poorly on the roadside tests. For example, he put his foot down four times on the one leg stand. He then refused the breath test after his arrest for DUI. This was the defendant's second DUI.
THE STATE DROPPED THE DUI.
Jul 14, 2008 Case: 489889-X Judge Fernandez
The defendant was stopped for allegedly backing his truck into a pedestrian in a parking lot. The officer investigating the crash detained the defendant, however, he did not witness the crash. A DUI officer was called to the scene and the DUI officer noticed an odor of alcohol, slurred speech, flushed face, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest for DUI, the defendant blew a .119 in the breath machine.
THE STATE DROPPED THE DUI.
Jul 11, 2008 Case: CT-009068-XAM Judge Conrad
The defendant was stopped for speeding and swerving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a dazed look. The defendant performed the field sobriety tests and was arrested for DUI. All the roadside tests were video taped. After his arrest, the defendant blew a .093 and a .097 in the breath machine.
THE STATE DROPPED THE DUI.
Jul 5, 2008 Case: CT-000012-XCG Judge Dominguez
The defendant was stopped for failing to maintain a single lane on at least four occasions. The officer noticed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant admitted drinking six beers over the course of the night and performed poorly on roadside tests. After his arrest for DUI, he blew a .181 in the breath machine.
THE STATE DROPPED THE DUI.
Jul 4, 2008 Case: 6287-XAE Judge Arzola
The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant stumbled and had to lean against the rear of the car for balance. According to the arresting officer, the defendant failed the field sobriety tests. After his arrest for DUI, the defendant blew a .152 in the breath machine.
On the morning of trial, THE STATE DROPPED THE DUI.
Jul 3, 2008 Case: 07-MM-12592-A Judge Herr
The defendant was stopped for driving on the wrong side of the road. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and slow movements. At the scene, the defendant admitted he was impaired. The incident at the scene was not video taped and the defendant was arrested for DUI. At the jail, the defendant performed roadside tasks on videotape. He then blew a .216 in the breath machine.
THE STATE DROPPED THE DUI.
Jun 30, 2008 Case: 2007-CT-00643-A-M Judge Becker
The defendant was stopped for speeding and weaving. The officer observed unsteadiness, an odor of alcohol, and the defendant appeared confused and disoriented. She performed poorly on the roadside tests and was arrested for DUI. The defendant admitted to drinking vodka and cranberry beverages. After her arrest for DUI, the defendant blew a .194 in the breath machine.
THE STATE DROPPED THE DUI.
Jun 27, 2008 Case: 48-2006-CT-5443-0 Judge Wixtrom
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, red/glassy eyes, and unsteadiness. The defendant performed poorly on the road side tests. For example, on the walk and turn test, he did not touch heel to toe, stepped off the line, and did not turn correctly. The defendant was subsequently arrested for DUI.
THE STATE DISMISSED THE DUI.
Jun 23, 2008 Case: 3204-XDK Judge Fernandez
The defendant was stopped for driving at a high rate of speed and hitting a guard rail. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the road side tests. For example, he stepped off the line numerous times on the walk and turn test and could not even due the one leg stand due to safety concerns. After his arrest for DUI, he blew a .155 in the breath machine and admitted to drinking at least five long island ice teas.
THE STATE DROPPED THE DUI.
Jun 23, 2008 Case: 2008-MM-212-A Judge Eriksson
The defendant was stopped after leaving the scene of an accident after he backed into another car. The officer noticed an odor of alcohol, glassy eyes, and slow/slurred speech. He was arrested for Leaving the Scene of an Accident and DUI. At the station, the defendant was asked to perform field sobriety tests on video tape. He then blew a .125 in the breath machine.
THE STATE DROPPED THE DUI and the defendant received NO conviction on the leaving the scene of the accident charge.
Jun 23, 2008 Case: CT-002251-FMP Judge Barber
The defendant was stopped for continuously weaving within her lane. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tasks which were video taped. The defendant was subsequently arrested for DUI.
THE STATE DISMISSED THE DUI.
Jun 19, 2008 Case: 48-2007CT008979-0 Judge Shoemaker
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed a distinct odor of alcohol, bloodshot eyes and slow-slurred speech. The defendant first performed the walk and turn test. He failed to touch heel to toe on 10 of the 18 steps. On the one leg stand the defendant placed his foot down 3 times. The defendant was arrested for DUI and blew a .150 in the breath machine.
The DUI was dismissed.
Jun 16, 2008 Case: 317624-X Judge Fernandez
The defendant was stopped for continuously failing to maintain a single lane, nearly striking another car, and driving at a slow speed. The officer observed an odor of alcohol, mumbled speech, and bloodshot/watery eyes. The defendant refused the roadside tests and the breath test.
THE DUI WAS DISMISSED BASED ON THE STATUTE OF LIMITATIONS.
Jun 10, 2008 Case: 3919-XDK Judge Newman
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was then asked to perform the field sobriety tests. According to the officer, the defendant failed the tests. For example, on the walk and turn, he stepped off the line five times and on the finger to nose, he missed the tip of his nose each time. After his arrest for DUI, he refused the breath test. This was the defendant's second DUI.
THE STATE DROPPED THE DUI.
Jun 10, 2008 Case: CT-003674-XCO Judge Lefler
The defendant was stopped at a sobriety checkpoint. Once stopped, the officer noticed an odor of alcohol, slurred speech, and balance problems. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .145 in the breath machine.
THE STATE DROPPED THE DUI.
Jun 6, 2008 Case: 2007-CT-031198AXX Judge Marx
The defendant was stopped for running two red lights. The officer who made the traffic stop, observed an odor of alcohol. He then detained the defendant and called for a DUI unit. The DUI unit arrived and he observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also admitted to drinking four beers. He performed poorly on the field sobriety tests. For example, he stated the alphabet wrong on that test and on the finger to nose task used the wrong hand on two occasions. After his arrest for DUI, the defendant blew a .136 in the breath machine.
THE STATE DISMISSED THE DUI.
Jun 5, 2008 Case: 8377-XCM Judge Newman
The defendant was found by the police passed out in his car in a public parking lot. The keys were in the ignition and the engine was running. It took the officers about a minute just to wake the defendant and they had to bang on the window. Once he awoke, the officers observed an odor of alcohol, slurred speech and bloodshot eyes. The defendant told the officers he was in Fort Lauderdale even though he was parked in South Beach. He failed every roadside test and then blew a .201 in the breath machine after his arrest for DUI.
On the morning of Jury Trial, the STATE DROPPED THE DUI.
Jun 5, 2008 Case: CT-007371-XCF Judge Conrad
The defendant was involved in a traffic crash where she sideswiped another car. When the officer arrived, he observed an odor of alcohol, slurred speech, and balance problems. According to the officer, the defendant failed the roadside tests which were video taped. After her arrest for DUI, the defendant blew a .094 in the breath machine.
Prior to filing a motion to dismiss for the destruction of material evidence, the STATE DROPPED THE DUI.
Jun 3, 2008 Case: 07-1796-CT Judge Collins
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were not video taped and she was arrested for DUI.
THE STATE DROPPED THE DUI A FEW DAYS BEFORE JURY TRIAL.
May 28, 2008 Case: 07-MM-1564 (JURY TRIAL) Judge Green
The defendant was stopped for weaving in and out of her lane of travel on nine separate occasions. The officer observed and odor of alcohol, slurred/mumbled speech, and bloodshot eyes. When the defendant exited her car, she was unsteady and used the door for support. While standing outside of the car, the defendant had to put her hand on the car for balance. The defendant refused the roadside tests and the breath test. This was the defendant's second DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
May 22, 2008 Case: 07-25342MM10A Judge Cowart
The defendant was stopped for making an illegal right turn at a red light. The officer noticed an odor of alcohol, red eyes, slurred speech, and he had trouble locating his driver's license. When he exited his car, he was very unsteady and then performed very poorly on all the roadside tasks. After his arrest for DUI, he blew a .162 in the breath machine. This was the defendant's second DUI within three years.
The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case. THE STATE DISMSSED THE DUI.
May 19, 2008 Case: 8854-XCM Judge Krieger-Martin
The defendant was stopped for speeding and did not pull over immediately. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the field sobriety tests and then blew a .170 in the breath machine after his arrest for DUI.
ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI.
May 16, 2008 Case: 06-CT-021665AXX Judge Corlew
The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant was unsteady while exiting the vehicle. She performed poorly on roadside tests and was arrested for DUI. After her arrest, the defendant admitted to drinking six beers and blew a .165 in the breath machine.
THE STATE DROPPED THE DUI.
May 11, 2008 Case: 377152-W Judge Arzola
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and low speech. He admitted to having a couple of drinks. The defendant was asked to perform field sobriety tests. For example, on the walk and turn test, the defendant raised his arms for balance, lost his balance during the instructions, and paused to regain his balance. On the finger to nose, the defendant missed the tip of his nose and used the wrong hand. The defendant also performed the one leg stand and rhomberg balance exercises. He was subsequently arrested for DUI. This was the defendant's second DUI.
THE STATE DROPPED THE DUI ON THE DAY OF JURY TRIAL.
May 11, 2008 Case: CT-008657-XAM Judge Courtney
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking five beers. He was asked to perform the roadside tests which were all video taped. According to the officer, he performed poorly and was arrested for DUI. He subsequently refused the breath test.
THE STATE DROPPED THE DUI.
May 9, 2008 Case: 08-CT0007745-0 Judge Miller
The defendant was allegedly involved in a single car accident. Upon arrival the officer observed two men sitting on the curb. The officer asked who was the driver of the vehicle. The defendant responded that he was the driver. The officer observed an obvious odor of alcohol, bloodshot watery eyes and a sway to his stance. In addition, the officer stated that his dexterity was very poor. He then performed four field sobriety exercises. On the walk and turn, the defendant failed to touch heel to toe seven times. He stumbled on steps three and six and he failed to turn correctly. On the one leg stand, he dropped his foot several times and began to hop. On the rhomberg balance test he swayed from side to side. On the finger to nose he failed to touch the tip of his nose on each attempt. He was arrested for DUI and blew a .122 in the breath machine.
The motion was granted and all of the evidence was thrown out.
May 9, 2008 Case: 07-16892MM10A Judge Murphy
The defendant was involved in an accident. The investigating deputy smelled an odor of alcohol and bloodshot eyes. He also admitted to drinking two Bacardi and cokes. The defendant then submitted to field sobriety tests. On the walk and turn test he missed heel to toe and stepped off the line. On the one leg stand he dropped his foot four times. He was subsequently arrested for DUI. This was his 3rd DUI.
The State conceded the motion and dropped the DUI.
May 5, 2008 Case: CT-001677-FMP Judge Lefler
The defendant was stopped for weaving a striking a curb. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. According to the officer, the defendant failed the walk and turn, one leg stand, and finger to nose tests. All the tests were video taped. After his arrest for DUI, the defendant blew a .085 in the breath machine.
THE STATE DROPPED THE DUI.
May 5, 2008 Case: 07-8733MM10A Judge Ireland
The defendant was accused of crossing the median into oncoming traffic causing an accident with possible injuries. The DUI officer observed an odor of alcohol, red and watery eyes, slurred and mumbled speech and unsteadiness. When asked questions, the officer stated that he was disoriented. He refused to perform any testing and was arrested for DUI.
The State dropped the DUI.
Apr 30, 2008 Case: 07-CT-030469AXX Judge Corlew
The defendant was stopped for fishtailing, driving over a curb, and driving on the fog line. The officer observed thick/slurred speech and glassy eyes. The defendant performed very poorly on roadside tests which were video taped. The defendant denied drinking and denied taking any medication. The arresting officer was also a Drug Recognition Expert with specialized training. The arresting officer could not smell any odor of alcohol on the defendant due to a sinus infection. However, there were other officers on the video tape as back ups. The defendant was arrested for DUI and subsequenlty refused the breath test. This was the defendant's second DUI and he was also charged with refusing the breath test for the second time.
The State conceded the motion to suppress and DISMISSED THE DUI AND REFUSAL CHARGE.
Apr 29, 2008 Case: 06-12896MM10A Judge Lerner-Wren
The defendant was the driver in a "roll over" accident. The officer observed an odor of alcohol, bloodshot eyes and droopy eyelids. Despite the accident, the officer still administered field sobriety tests. Based on his performance he was arrested for DUI. He blew a .159 in the breath machine.
The State dropped the DUI.
Apr 28, 2008 Case: 07-CF21727 Judge Reese
The defendant was stopped for speeding. When the officer spoke with the defendant he observed a strong odor of alcohol, bloodshot eyes, dilated pupils and slurred speech. In addition, the officer noticed a clear cup in the center console containing an alcoholic beverage. The defendant performed the one leg stand, walk and turn test as well as the finger to nose. Based on his performance he was arrested for DUI. Also in the center console was a plastic bag with cocaine. He was arrested for DUI and possession of cocaine.
The State dropped the DUI. In addition, the defendant was not convicted of the cocaine charge.
Apr 28, 2008 Case: 89-031278MM10A Judge Ireland
The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, and bloodshot eyes. He also had an open container of beer in the car. The defendant allegedly failed the walk and turn test and was arrested for DUI. He subsequently blew a .160 in the breath machine.
On the morning of trial the State dismissed the DUI.
Apr 28, 2008 Case: 05-016456MM10A Judge Lerner-Wren
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes and that he was unsteady on his feet. He stated he had three beers at "Chili's". On the one leg stand he placed his foot down 4 different times. On the walk and turn test he lost his balance and had gaps on each step. On the finger to nose test he missed the tip of his nose with his finger. He was arrested for DUI and blew a .113 in the breath machine.
The State dropped the DUI.
Apr 23, 2008 Case: 06-022389MM10A Judge Gehl
The defendant was stopped for driving with an obscured tag. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The stopping officer then called for a DUI task force officer. The Task Force officer observed unsteadiness as well. The defendant performed the HGN test (eye test), and refused to perform any further testing. He was subsequently arrested for DUI. This was the defendant's 4th DUI.
The State dropped the DUI.
Apr 15, 2008 Case: 386338-W (JURY TRIAL) Judge Fernandez
The defendant was stopped for improper lane change and weaving. The officer noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all five roadside tasks according to the officer. He then refused the breath test after his arrest for DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Apr 15, 2008 Case: 07-CT-7907 Judge Epperson
The defendant hit a parked car and then left the scene of the accident. A civilian witness saw the crash, however, he could not identify who was driving the car. When the officer arrived, the defendant and his passenger were changing a tire on the car. The officer spoke with the defendant and he admitted to being the driver. The officer then noticed the defendant had an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .110 in the breath machine. The defendant was also charged with leaving the scene of an accident.
On the day of the motion hearing, THE STATE DROPPED THE DUI and he also received NO conviction on the leaving the scene of an accident charge.
Apr 14, 2008 Case: 5398-XDI Judge Arzola
The defendant was involved in a traffic crash where she hit a concrete wall. The officer who arrived on the scene first, observed an odor of alcohol, swaying, and slurred speech. The defendant performed poorly on the roadside tests and then blew a .224 in the breath machine after her arrest for DUI.
THE DUI WAS DISMISSED.
Apr 9, 2008 Case: 2008-CT-001848 Judge Scaglione
The defendant was involved in a rear end collision. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had difficulty following instructions. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew .226 in the breath machine.
PRIOR TO THE MOTION TO SUPPRESS, THE STATE DROPPED THE DUI.
Apr 6, 2008 Case: 06-002941MM10A Judge Lazarus
The defendant was stopped for driving with an obscured tag. The deputy observed an odor of alcohol, flushed face and bloodshot eyes. The defendant admitted to drinking citron vodka and soda. As the defendant exited his vehicle, he grabbed the door for balance. He then performed 3 field sobriety tests. On the HGN test (eye test), the defendant exhibited the onset of nystagmus prior to 45 degrees. On the finger to nose, the defendant missed the tip of his nose on every attempt. On the walk and turn test he was unable to walk a straight line heel touching toe. The defendant was arrested for DUI.
The State dropped the DUI.
Apr 2, 2008 Case: 359805-X Judge Newman
The defendant was observed by the officer weaving on the roadway. The officer put his lights and siren on but the defendant still didn't pull over. After cutting across 3 lanes, the defendant finally stopped. The officer approached the car and smelled a strong odor of alcohol. He then noticed watery eyes and a flushed face. His speech was mumbled as he spoke. He performed the walk and turn test, finger to nose and one leg stand test. He was subsequently arrested for DUI.
The State dropped the DUI on the morning of trial.
Apr 2, 2008 Case: 07-016156MM10A Judge Seidman
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and mumbled speech. He refused both the field sobriety tests and the breath test.
Prior to the motion ever being heard by the Court, THE STATE DROPPED THE DUI.
Mar 31, 2008 Case: 2710-XDP Judge Lindsey
The defendant was stopped for speeding and weaving. It took more than one officer to get the defendant stopped as he was not responding to lights, sirens and a P.A. system. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to coming from a party and drinking. He could not do any roadside tasks due to his highly intoxicated condition.
On the morning of jury trial, the STATE DROPPED THE DUI.
Mar 27, 2008 Case: 06-008818MM10A (JURY TRIAL) Judge Cowart
The defendant was passed out in a motor vehicle with the keys in the ignition and the engine running. The officer observed vomit all over the defendant's shirt and throughout the interior of the car. After speaking with the defendant, the officer noticed a strong odor of alcohol and bloodshot eyes. On video, the defendant's speech was incoherent and he failed each field sobriety test. The defendant was subsequently arrested for DUI. THIS WAS THE DEFENDANT'S SECOND DUI WITHIN SIX MONTHS.
THE JURY FOUND THE DEFENDANT NOT GUILTY IN FOURTEEN MINUTES.
Mar 26, 2008 Case: 06-020679MM10A Judge Robinson
The defendant was stopped for driving 95mph in a 65mph zone. The trooper detected a very strong odor of alcohol, watery eyes, and slurred speech. She was wearing 2 wristbands indicating the clubs she had attended. The trooper asked her to perform field sobriety tests. She responded by saying she did not want to do them because she could not pass them. She was arrested for DUI.
The motion was granted and the case was Dismissed.
Mar 25, 2008 Case: 411325-X Judge Miranda
The officer came into contact with the defendant as he was sitting behind the wheel of his car after crashing into a pole. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and balance problems. According to the officer's reports, he performed poorly on roadside tasks. After his arrest for DUI, he refused the breath test.
THE STATE DROPPED THE DUI.
Mar 25, 2008 Case: 07-4329MM10A Judge Gehl
The defendant was stopped for swerving and causing other vehicles to take evasive action. He then failed to stop for several blocks while the lights and siren were on. The officer contacted the defendant and observed a strong odor of alcohol, bloodshot eyes and swaying as he stood. The defendant performed the walk and turn and one leg stand test and was subsequently arrested for DUI. He blew a .129 in the breath machine.
The State dropped the DUI.
Mar 24, 2008 Case: 07-CT-003721-XAM Judge Barber
The defendant was stopped for driving with only parking lights and stopping at a green light and not moving for several seconds. The officer observed slurred speech, an odor of alcohol, and she fumbled for her driver's license. The defendant allegedly performed poorly on roadside tasks according to the officer which were video taped. She was arrested for DUI and refused the breath test.
THE JUDGE GRANTED THE MOTION AND THREW OUT ALL THE ROADSIDE TASKS. THE STATE SUBSEQUENTLY DISMISSED THE DUI.
Mar 24, 2008 Case: 07-CT-8654-XDK Judge Barber
The defendant was stopped for speeding and drifting into the bicycle lane 4 different times. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant was allegedly unsteady as she exited the car. Prior to the sobriety tests the officer stated that the defendant was slow to respond to questions. On the one leg stand she was swaying, used her arms for balance, and put her foot down three times. On the walk and turn, she failed to stay on the line or walk heel to toe. She then missed her nose 5 times on the finger to nose. She was arrested for DUI and blew a .126 in the breath machine.
The State dropped the DUI.
Mar 24, 2008 Case: 07-CT-8563-XCF Judge Barber
The defendant was pulled over for weaving 3 different times. The officer observed an odor of alcohol and bloodshot watery eyes. The defendant then performed the walk and turn test. The officer stated that he failed to touch heel to toe on steps 7 and 8. On the one leg stand, he placed his foot down 2 times. He was arrested for DUI and blew a .101 in the breath machine.
The State dropped the DUI.
Mar 19, 2008 Case: 06-013841MM10A Judge Gehl
The defendant drove off the highway ramp at a high rate of speed and crashed into the median. The officer made contact with the defendant and observed an odor of alcohol and bloodshot watery eyes. The defendant refused to perform any tests and was arrested for DUI.
The State dropped the DUI.
Mar 19, 2008 Case: 48-2008-CT-000727-0 Judge Miller
The defendant was stopped for drifting and almost striking another vehicle and a curb. The officer noticed an odor of alcohol, bloodshot eyes, and had to take several side steps to catch her balance. The defendant performed poorly on the roadside tests according to the officer which were not video taped. For example, on the walk and turn test, she used her arms for balance, could not keep her balance during the instructions, and did not touch heel to toe. On the one leg stand, the defendant put her foot down four times and swayed. She was arrested for DUI and then refused the breath test.
The State dropped the DUI on the morning of trial.
Mar 12, 2008 Case: 2007-CT-026193ASB Judge Keyser
The defendant was found by the police passed out in his car in an apartment parking lot. He was lying on the front seat with the engine running. Several attempts were made to awaken the defendant. Once awoken, the officers observed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests very poorly on video. For example, he could not recite the alphabet correctly and on the walk an turn test was very off balance as he could not stay on the line and also took an incorrect number of steps. He was arrested for DUI and then blew a .158 in the breath machine.
THE STATE DROPPED THE DUI THE DAY BEFORE JURY TRIAL.
Mar 11, 2008 Case: 3345-XCK Judge Arzola
The defendant was stopped by the police after a security guard noticed her stumbling around a parking lot appearing intoxicated. The defendant then backed her car up almost striking the officer's car. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. She stated she had a few drinks and refused to perform the roadside tasks. After her arrest for DUI, she refused the breath test.
THE STATE DISMISSED THE DUI.
Mar 11, 2008 Case: 511911-W Judge Arzola
The defendant was involved in a traffic crash after running a red light. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking rum and a shot of tequila. She performed poorly on the roadside tasks. For example, on the walk and turn exercise, she missed heel to toe, stepped off the line, and raised her arms for balance. On the one leg stand test, she put her foot down, swayed, and raised her arms for balance. The defendant was arrested for DUI.
ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI.
Mar 11, 2008 Case: 573794-X Judge Fernandez
The defendant was stopped for weaving and failing to stop at a stop sign. Upon stopping, the defendant jumped out of his car and ran. He was found hiding in the back of vacant house. The defendant was arrested for burglary and resisting an officer without violence (ie. running from the police). After securing the defendant, the officer's noticed an odor of alcohol, bloodshot eyes and then charged him with DUI. No field sobriety exercises were conducted. This was the defendant's second DUI.
ON THE MORNING OF TRIAL, ALL CHARGES WERE DISMISSED. As to the burglary, the State could not prove the defendant did not have permission to be on the property. Also, since there was no DUI investigation conducted, the State could not prove beyond a reasonable doubt that the defendant was impaired.
Mar 9, 2008 Case: 2008-CT-006677ASB (JURY TRIAL) Judge Eissey
The defendant was stopped for driving 100 miles per hour in a 45 miles per hour zone. According to the officer, the defendant did not immediately stop. Once the defendant did stop, two officers pulled their guns thinking the car may have been stolen or involved in a crime even though there was no evidence of a crime. One of the officers who made the stop, observed an odor of alcohol, slurred speech, and blood shot eyes. He also testified she almost fell and had to catch herself. He then called for DUI task force officer. When the task force officer arrived, he made similar observations. The entire incident was videotaped. She performed the walk and turn, one leg stand, finger to nose, and alphabet tests. According to the officer she performed poorly and was arrested for DUI. She then refused the breath test.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Mar 9, 2008 Case: 2007-CT-062661AXXX Judge Garagozla
The defendant was stopped for driving east bound in the west bound lane of travel. The officer noticed an odor of alcohol and glassy/watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. For example, on the walk and turn, he stepped off the line and did not touch heel to toe. On the one leg stand, he put his foot down numerous times and the exercise was stopped by the officer. After his arrest for DUI, he blew a .153 in the breath machine.
THE STATE DROPPED THE DUI.
Mar 9, 2008 Case: CT-008923-XCF Judge Courtney
The defendant was involved in a traffic crash in which he hit an electrical pole as he was trying to avoid hitting a dog. The first officer on scene noticed an odor of alcohol and red/watery eyes. The defendant was taken to the hospital for his injuries where the police ordered the defendant's blood be drawn. When the results came back from the lab over the legal limit, he was then arrested for DUI. The defendant's test results revealed a blood alcohol level of .122 and .121.
THE STATE DROPPED THE DUI.
Mar 9, 2008 Case: CT-008980-XCL Judge Courtney
The defendant was stopped for weaving multiple times. The officer observed an odor of alcohol, slow/slurred speech, and bloodshot eyes. The defendant fumbled with his items while handing them over to the officer. He performed poorly on the roadside tests according to the officer which were video taped. For example, on the walk and turn test, he lost his balance on the turn, did not touch heel to toe, and failed to maintain his balance during the instructions. On the one leg stand, he swayed and used his arms for balance. After being arrested for DUI, he refused the breath test. This was the defendant's fourth arrest for DUI.
THE STATE DROPPED THE DUI.
Mar 6, 2008 Case: CT-003149-XAM Judge Conrad
The defendant was stopped for drifting from lane to lane several times. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the walk and turn, one leg, stand, and HGN tests on video tape. According to the officer, he failed all the tasks. The defendant was arrested for DUI and subsequently refused the breath test.
THE STATE DROPPED THE DUI.
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