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The defendant was found by police after his car had crashed into an embankment and got stuck in a ditch. The officers noticed an odor of alcohol, urine on his pants, bloodshot eyes, and he stated that he had consumed three beers. Due to his age and physical limitations, the defendant performed various nonphysical roadside tasks, such as the HGN (eye test), palm pat, finger to nose, and hand coordination task. After performing them, he was arrested for DUI.
The defendant was stopped for running a stop sign, swerving, and speeding. Officers noticed an odor of alcohol, slurred speech, slow/lethargic movements, and she fumbled with her wallet. The defendant performed the HGN (eye test), walk and turn and one leg stand exercises. She was arrested for DUI and later refused a breath test.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
The defendant was stopped for driving eastbound in the westbound lane. Officers noticed an odor of alcohol, a dazed/blank expression, and slurred speech. The defendant performed poorly on the HGN (eye test), walk and turn and one leg stand exercises. He was subsequently arrested for DUI.
After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the Second DUI.
The defendant was stopped for swerving. Officers observed an odor of alcohol, bloodshot eyes, slurred speech. The defendant admitted she shouldn't have driven. She performed the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later refused a breath test. This was her Second DUI.
The State dropped the DUI.
The defendant was stopped for weaving and fluctuating his speed. Officers noticed an odor of alcohol, slurred speech, and alcohol was seen in the center console. He was unable to maintain his balance and had to lean on the vehicle. The defendant performed very poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .247 and .237 in the breath machine.
The defendant was having a diabetic episode. EMS came out and his blood sugar was almost three times the normal limit. In discussions with the prosecutor, we put forth that the bodily chemical actions taking place during this diabetic episode can cause an elevated breath alcohol reading. After negotiations, the State Dropped the Second DUI.
In pretrial negotiations with the prosecutor, it was apparent on tape that the officers were pissed at him for not moving over. All the reports over exaggerated his level of impairment as compared to the videos.
The defendant was stopped for having an inoperable front light. The defendant had an odor of alcohol, glassy/watery eyes, and he used abusive language towards the officers. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI arrest.
The defendant was stopped for driving westbound in the eastbound lane of travel. Officers noticed an odor of alcohol, watery eyes, unsteadiness, nearly falling over, and slurred speech. He performed the field sobriety tests which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. The defendant was arrested for DUI and later refused a breath test.
The defendant was stopped for driving with no lights. Officers noticed an odor of alcohol, incoherent/mumbled speech, glassy eyes, and he was unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .137 and .123 in the breath machine.
Although officers had a dash camera on scene, the defendant was never placed in front of it until he was arrested. We couldn't see him standing, walking around, or the HGN test. When he was finally brought to the camera upon being arrested, he did not appear off balance or unsteady and his speech sounded normal. In fact, he was totally responsive and coherent. After pointing this out, the State Dropped the DUI.
The defendant was stopped for weaving all over the road. He was deviating from his lane from left to right and crossing over the double yellow line. He also drove in the opposite lane of travel. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and he fumbled with his paperwork. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
The defendant was stopped for swerving and almost colliding with other cars. Officers noticed an odor of alcohol, a flushed/red face, slurred speech, and bloodshot eyes. She stumbled, was unable to maintain her balance, and wine was found in the car. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
The defendant was stopped for being stopped and passed out in his car in the middle of the road. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
The defendant was stopped for weaving. Officers noticed an odor of alcohol, glossy eyes, and an open alcoholic beverage in the center console. He performed roadside tests which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
The defendant was stopped for speeding and swerving (crossing over the dotted lines). Officers noticed an odor of alcohol, a dazed/blank stare, unsteadiness, and watery eyes. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. After being arrested for DUI, he blew a .131 and .128 in the breath machine.
The defendant was stopped for weaving all over the road. Officers observed an odor of alcohol, bloodshot eyes, slurred speech, and he stated that he had consumed two drinks. The defendant also stumbled and swayed. The defendant performed the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .128 and .114 in the breath machine.
The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and she denied drinking any alcohol. The defendant performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. The defendant later blew a. 140 and .137 in the breath machine.
The defendant was stopped for weaving erratically between lanes, narrowly avoiding other cars, and running a red light. Officers noticed an odor of alcohol, constricted pupils, a sway, and he stumbled while exiting the car. The defendant performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later attempted to blow in the breath machine but could only provide one invalid sample of a .243 (also called a volume not met (VNM). Since he was not blowing properly, it was deemed a refusal.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
After conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
On tape, the defendant wasn't even asked to do any other field sobriety tests. It was unknown why not as the officers kept turning their body worn cameras off and on. After negotiations with the State, short of the trial date, the State Dropped his Second DUI.
The firm had discussions with the State. We pointed out to the prosecutor that the only reason the cops put a DUI on him was because there was no kidnapping. They already had taken him down at gunpoint and did not even offer him field sobriety tests.
The defendant was stopped for weaving. Officers noticed an odor of alcohol, slow speech, and lethargic movements. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI.
Parks and Braxton pointed out to the State that the defendant only weaved one time and that this was an unlawful traffic stop. Weaving one time does not rise to the level of reasonable suspicion to believe someone is impaired justifying a traffic stop. The State Dropped the DUI to a Civil Careless Infraction.
The defendant was stopped for speeding. Officers observed an odor of alcohol, slow/slurred speech, and watery eyes. The defendant admitted to having consumed several shots of tequila. A bottle of tequila was also found in the car. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .178 and .159 in the breath machine.
The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and he had slurred speech. The defendant appeared lethargic and unsteady. After performing poorly on the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused a breath test.
Many observations in the police reports were contradicted by the video tapes. After conversations with the State regarding the conflicts, they Dropped the DUI.
The defendant was stopped for speeding and driving with no lights after dark. Officers observed an odor of burnt marijuana from the vehicle, a slight odor of alcohol, bloodshot/glassy eyes, and he had severe body tremors. The defendant denied drinking and also denied smoking pot. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused a urine test.
On tape, the defendant's speech was normal and there were no balance issues. In fact, her field sobriety tests were practically perfect on tape versus what was written in the police reports. Just prior to the trial date, the State Dropped the DUI and she got no conviction and no penalties other than a fine and courts costs.
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