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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 State dropped the DUI.
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.
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.
On tape, the defendant had no understanding of the instructions on the field sobriety tests. His first language is Vietnamese and speaks very little English. In addition, he did not appear off balance or unsteady on tape, versus what was written in the police reports. After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
On tape, the defendant's speech was not slurred and he did not appear unsteady. After negotiations with the prosecutor, the State Dropped his Second DUI.
The defendant was stopped for careless driving. He was alleged to have rapidly accelerated spinning his tires, crossing over three lanes to enter a turn lane, and speeding. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. The defendant later blew .179 and .178 in the breath machine.
The defendant crashed her car into a ditch. Officers arrived and noticed an odor of alcohol, slurred speech, watery/glassy eyes, and stuttering/slurred speech. The defendant stated that she had consumed three vodka tonics and three shots. She performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was arrested for DUI and later refused a breath test.
The defendant was stopped for driving too slowly and drifting back and forth. Officers stopped the defendant and noticed an odor of alcohol, slurred speech, a sway, and watery eyes. The defendant performed the HGN (eye test), one leg stand, and walk and turn exercises. He was subsequently arrested for DUI and later blew a .143 and .142 in the breath machine.
The defendant was stopped for speeding. Officers observed an odor of alcohol, fumbling fingers, a blank/dazed stare, droopy eyelids, a sway to his stance, and slow/lethargic movements. 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's performance on the field sobriety tests was much better on video tape than as described in the reports. Additionally, on tape, his speech was not slurred and he was not lethargic. The State Dropped the DUI after negotiations.
The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, watery eyes, and slurred speech. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .120 and .114 in the breath machine.
The defendant was stopped for running a red light. Officers noticed an odor of alcohol, a flushed face, slurred speech, and he was unsteady. He also staggered and swayed. The defendant only performed the HGN (eye test) and then refused to perform all other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
On tape, the defendant was not unsteady, his speech was not slurred, and he never staggered or swayed. Also, the officer never gave any adverse consequences when the defendant refused roadside tests as required by law. Also, when a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. The State Dropped the defendant's Second DUI.
The defendant was stopped for speeding. Officers observed an odor of alcohol, unsteady balance, and red/watery eyes. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .164 and .156 in the breath machine.
When officers arrived, the defendant was standing outside his car. He denied being the driver. Other officers from a different agency were on scene as well and the State could not provide their names. The State could not prove that the defendant was the driver based on a lack of evidence and Dropped the DUI.
The defendant was found by police passed out in his running vehicle in the middle of an intersection. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was arrested for DUI after performing the HGN (eye test), walk and turn, and one leg stand exercises. He later blew a .132 and .130 in the breath machine.
After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
After conversations with the State and providing mitigation evidence to them regarding the defendant, the State Dropped the DUI.
After several conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
After negotiations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
After several conversations with the prosecutor, the State Dropped the DUI.
The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and she had a sway to her stance. She performed the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was subsequently arrested for DUI and later refused a breath test.
The defendant crashed his car into a concrete drain on a front lawn. Officers arrived and noticed an odor of alcohol, watery/bloodshot eyes, and slow speech. The defendant was combative and very sweaty. The defendant then performed the HGN (eye test), walk and turn, one leg stand, finger to nose, alphabet, estimation of 30 seconds, and count backwards exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
The defendant was stopped for swerving, improper lane changes, and changing speeds up and down. Officers noticed an odor of alcohol, a flushed face, watery eyes, and she swayed and staggered. Her speech was thick tongued as well. She performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
The defendant was stopped for weaving as he crossed over the lines several times, almost hit a curb, and almost struck another car. Officers observed an odor of alcohol, bloodshot eyes, and he admitted to having consumed three beers. He then performed various field sobriety tests, such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test.
After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
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