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After negotiations with the State regarding the evidence and the defendant, 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.
The State dropped the DUI.
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.
The firm provided medical documentation to the State that the defendant had medical issues preventing him from performing the walk and turn and one leg stand exercises. After negotiations, the State Dropped his Second DUI.
A police officer, in his marked car, almost crashed into the defendant because the defendant was stopped and passed out in his car in the middle of a highway. The officer woke the defendant up and moved his car off to the shoulder. The officer was yelling at the defendant to get out of the car and the defendant did not listen. Officers observed an odor of alcohol and bloodshot eyes. 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. He was also charged with resisting an officer without violence for refusing to get out of the car.
The defendant was stopped by police as he was facing northbound in the southbound direction of travel. Many vehicles had to avoid him in order to avoid a collision. Officers observed an odor of alcohol, glassy eyes, and thick tongued speech. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. The defendant later refused a breath test.
The defendant was stopped on his boat for weaving back and forth and having no emitting lights. Officers noticed an odor of alcohol, slurred speech, empty champagne bottles, a dazed look, and he had to brace himself against fixed objects for balance. He then performed the exercises designed for boating under the influence cases, which consisted of the HGN, finger to nose, palm pat, and hand coordination exercises. He was arrested for Boating Under the Influence and later refused a breath test.
The defendant was stopped for failing to come to a complete stop while exiting a parking lot. Officers noticed an odor of alcohol, slurred/thick tongued speech, bloodshot eyes, and fumbling fingers. 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.
On tape, the defendant's speech was not slurred, she was not off balance or unsteady, and she was totally responsive and coherent. After discussions with the State about the video tape evidence, they Dropped her Second DUI.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant crashed his car into a guardrail. When officers arrived, they noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test.
The defendant was stopped for swerving over the painted lane dividers several times. Officers noticed an odor of alcohol, mumbled speech, watery eyes, a dazed/blank expression, and she was unsteady on her feet. She performed poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later blew a .092 and .091 in the breath machine.
The defendant was stopped for speeding and weaving. Officers noticed and odor of alcohol, slow/slurred speech, and lethargic movements. His eyes were also bloodshot and watery, and he was slow to exit the car. He performed poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .128 and .124 in the breath machine.
The defendant was stopped for speeding and swerving all over the road. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, and he stated that he had consumed one beer. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .111 and .108 in the breath machine.
The defendant was found sleeping in his car on the grass next to a fence at a boys and girls club. Once the officer got the defendant to wake up, they noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He also gave inconsistent answers to questions and made unusual statements. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
After negotiations with the State regarding the videotape evidence and the defendant, the State Dropped the DUI.
After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
The defendant hit the side of the curb causing damage to her tires. Road patrol came on scene, made observations of the defendant and called 911. Road patrol told dispatch that the defendant did not look right and was possibly impaired. The officers arrived on scene and made observations consistent with impairment. Specifically, the defendant was extremely unsteady on video, almost falling over several times. In addition, the defendant admitted to taking a controlled substance prior to driving. She was arrested for DUI. She subsequently provided a urine sample which revealed the presence of Lorazepam.
Parks and Braxton announced ready for trial. While the defendant did not perform perfectly on the field sobriety exercises, it was clear that the officer both exaggerated and mischaracterized the defendant's performance. As far as the refusal to submit to a breath test, the defendant was already under arrest. He wasn't going to be let go if he provided a breath test regardless of the results. In addition, it seemed obvious from the video that the defendant was refusing a breath test not because he was trying to conceal the results, but rather because he did not trust the police. The state dropped the DUI just as the jury was coming in on the morning of trial.
The defendant was stopped for having an expired registration. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. He was lethargic, swayed, had poor balance, staggered, and stumbled around. 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 running a stop sign and nearly causing a crash. Officers noticed an odor of alcohol, unsteady balance, and he had a wristband on from a bar. He also had slurred speech and glassy eyes. After performing the HGN (eye test), walk and turn, and one leg stand exorcises, he was arrested for DUI and later refused a breath test.
After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI and the felony possession charge was Dismissed.
The defendant was stopped for driving the wrong way down a one-way street. Officers noticed an odor of alcohol, a dazed/blank expression, mumbled speech, bloodshot eyes, and he stumbled and almost fell. His movements were quick and clumsy, and he appeared unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
After negotiations with State regarding the evidence and the defendant, the State Dropped her Second DUI.
The defendant was stopped for weaving into the bicycle lane multiple times. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having consumed two drinks, staggered as he walked, and swayed while he stood. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .155 and .142 in the breath machine.
The defendant drove his motorcycle into oncoming traffic then crashed into a ditch. Officers noticed an odor of alcohol, bloodshot/watery eyes, and he had a bracelet on from a bar. He refused to do any field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
When the officer arrived, he put cuffs on the defendant because the defendant tried to accelerate on his bike. The defendant was simply doing that to try to get the bike out of the ditch and didn't even see or hear the cop. We put forth that there was unlawful "arrest" prior to any DUI investigation, based on the unlawful handcuffing and placing the defendant into custody.
The officer wrote in his report that as he approached the defendant, the drivers' door opened, he almost fell out, and the defendant began vomiting. However, on tape, when the officer pulled up and got out of car, you can see the defendant passed out. No door opened and he was not vomiting in front of the officer. The officers credibility was called into question. After conversations with the State regarding the contradictions between the reports and the video, the State Dropped the DUI.
The defendant was stopped for driving in the bicycle lane and speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, slow dexterity, unsteadiness, and slurred speech. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .153 and .140 in the breath machine.
After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
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