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The State dropped the DUI.
The defendant was stopped for weaving and nearly striking a vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had consumed several drinks prior to driving. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that she had consumed five drinks while working in the yard earlier in the day. The defendant refused to perform roadside tests and was arrested for DUI. She later refused a breath test. This was her Second DUI.
After conversations with the State regarding the evidence and the Defendant, the State Dropped the DUI.
Police dispatch was notified regarding a sick person passed out in a lane of travel. EMS found the defendant passed out in the car with it still in drive. Upon trying to awake the defendant, he tried to drive off with an EMS worker hanging on for almost 300 feet. Police arrived and noticed an odor of alcohol, glassy eyes, and slurred speech. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
After conversations about the case just prior to trial, the State Dropped the DUI.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was involved in a traffic crash where she was found to not be at fault. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. She performed poorly on field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand, and was arrested for DUI. She later blew a .125 and .119 in the breath machine.
On tape, the defendant's speech was not slurred and he was not unsteady. Many observations written in the police reports were contradicted by the video tape. In addition, due the .02 margin of error in the breath machine, we are able to place one of his breath results under the legal limit. The State Dropped his Second DUI.
Facts:
A call was made that the defendant appeared intoxicated at a convenience store. Officers found the defendant and observed an odor of alcohol, very slurred speech, and he was disoriented. He had bloodshot eyes and appeared unsteady. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was stopped for swerving all over. Officers observed an odor of alcohol, mumbled speech, and bloodshot eyes. He also appeared unsteady on his feet. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .091 and .088 in the breath machine.
On tape, the defendant's speech was normal, he was not unstable, and did not appear lethargic at all. Everything that the officer wrote was contradicted by the video tape. After negotiations, the State Dropped the DUI.
The police reports were contradicted by the video tape. The defendant performed much better on the field sobriety tests on tape than as described in the police reports. In addition, his speech was not slurred on tape.
The defendant was found by police slumped over the wheel of her car and unconscious. Officers noticed an odor of alcohol, watery eyes, and her movements were slow. The defendant started to walk away and refused to listen. She was continually yelling and was uncooperative. She was handcuffed and charged with DUI and resisting an officer without violence. She later refused a breath test.
The defendant was involved in a traffic crash. Officers observed an odor of alcohol, mumbled/slurred/stuttered speech, a visible sway, and bloodshot/glassy eyes. He also had a stagger to his walk. The defendant agreed to perform the HGN (eye test) but refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, and a sway to his stance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
A concerned citizen called 911 stating that the defendant was sitting in his car drinking alcohol. Officers arrived and made contact with the defendant who was sitting in his car. Officers noticed alcohol (beer and whiskey) on the front passenger seat and as well as the front seat cup holder. They observed the defendant to have an odor of alcohol, bloodshot eyes, and he stated that he had drank 4-5 beers. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .133 and .138 in the breath machine.
After negotiations with the State regarding the evidence and the DUI, the State Dropped the DUI.
The defendant was stopped for weaving and having an inoperable taillight. Officers noticed an odor of alcohol, slurred speech, and sluggish movements. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .192 and .187 in the breath machine.
The firm provided the State with the defendant's medical records revealing he had numerous prior injuries which would have caused him to not perform well on the roadside tests. Thus, there was doubt as to whether any impairment was due to his injuries versus alcohol. The State Dropped his Second DUI.
The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy/bloodshot eyes, and the defendant stated that he had consumed three beers. The defendant also swayed while he stood and was slow while he walked. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
The defendant was stopped for driving with no lights after dark. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had a wristband on from a bar. The defendant performed poorly on field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. While being arrested for DUI, he pulled way, defied orders to stop moving his arms and would not allow the officers to place him in the back of patrol car. He was also charged with resisting an officer without violence. He later refused a breath test.
On tape, the defendant was covered in blood on his face and clothes. We pointed out to the State that any impairment such as slurred speech, unsteadiness, and lethargic movements could have just as easily been attributed to the crash versus alcohol. Also, the fact the officer did not administer any nonphysical tests was ridiculous as the defendant was covered in blood. The State agreed and Dropped the DUI.
On tape, the officer had no clue how to position his dash camera so we could fully see all the roadside tests. On the walk and turn and one leg stand, we could not see the defendant's knee down. In addition, on tape, his speech was normal and he was not off balance. The State Dropped the DUI and Dismissed the racing charge.
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