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DUI Wins

Our Recent Victories

Aug 3, 2006 Case: CT-002395-XAM Judge Fernandez
The defendant was stopped for continuously swerving and driving over the lane markers several times. The officer noticed an odor of alcohol, slurred speech, and unsteadiness.
The State dropped the DUI.
Jul 31, 2006 Case: 06-CT-501508 Judge Volz
The defendant was stopped by police at a sobriety checkpoint. The officers noticed an odor of alcohol, slurred speech, blood-shot eyes, and the defendant fumbled when trying to locate his driver's license. Furthermore, the defendant stumbled upon being asked to exit his vehicle. He performed poorly on roadside tests according to the officers. The defendant refused the breath test.
The State conceded the motion prior to the motion hearing and DROPPED THE DUI.
Jul 26, 2006 Case: 06-00170MM10A Judge Ross
The defendant was stopped for speeding over a six block period. The stopping officer smelled a strong odor of alcohol and called a DUI task force deputy. The investigating officer also smelled an odor of alcohol as well as bloodshot eyes. The defendant admitted to drinking wine. On the walk and turn test he failed to touch heel to toe and stepped off the line. On the finger to nose test he failed to touch the tip of his nose with the tip of his finger. He was subsequently arrested for DUI.
Motion granted, all evidence was thrown out.
Jul 24, 2006 Case: 05-022086MM10A Judge Cowart
The defendant was stopped for driving 76mph in a 45mph zone. The trooper observed an odor of alcohol, bloodshot eyes and slurred speech. After exiting the car the defendant was swaying and unsteady on his feet. On the walk and turn test he failed to touch heel to toe on any step. He also fell off the line several times. On the one leg stand he dropped his foot and used his arms to balance himself. The defendant was arrested for DUI. This was his 2nd offense for DUI.
The State dropped the DUI on the morning of trial.
Jul 24, 2006 Case: 0378-EGW Judge Lindsey
The defendant was stopped for running a red light and speeding. When the officer made contact with the defendant he noticed an open Heineken in the front seat. He also observed an odor of alcohol and bloodshot eyes. On the one leg stand the defendant stepped off the line while failing to touch heel to toe. On the one leg stand the defendant put his foot down at 10 and simply didn't continue. On the balance test he estimated 60 seconds for 30 seconds. He was subsequently arrested for DUI.
The DUI was dismissed.
Jul 24, 2006 Case: 04-023717MM10A Judge Lazarus
The defendant was stopped for driving 112mph weaving in and out of traffic. The DUI deputy observed an odor of alcohol, bloodshot eyes, and a flushed face. On the walk and turn the defendant failed to walk heel to toe 6 times. On the one leg stand he dropped his foot 2 times. The defendant was arrested for DUI and he blew a .096.
On the morning of trial the State dropped the DUI.
Jul 24, 2006 Case: 0233-XAZ Judge Arzola
The defendant was observed sleeping in a vehicle. When the officers arrived, he woke up and vomited on himself. He told the officers that he had been drinking and was not aware he was involved in an accident. The officers observed a strong odor of alcohol, bloodshot eyes, and slurred speech. He was unable to perform any of the tests and almost fell several times. He told the officers that he was impaired. He was arrested for DUI and blew a .146 in the breath machine.
The State dropped the DUI.
Jul 19, 2006 Case: 05-026175MM10A Judge Murphy
The defendant was involved in a traffic crash. The crash investigator spoke with the parking valet who stated that he witnessed the defendant back his car into another vehicle at a high rate of speed. He also stated that the defendant clearly had too much to drink. The arresting officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking 5-6 vodkas. On the one leg stand, the defendant dropped his foot five times and nearly fell backwards. On the walk and turn he was unable to perform the test. He was arrested for DUI and blew a .216 in the breath machine.
The State dropped the DUI on the morning of trial.
Jul 17, 2006 Case: CT-729029-X Judge Courtney
The defendant was stopped for an illegal u-turn, speeding, and abruptly changing lanes without using a signal. The officer observed an odor of alcohol, slurred speech, and balance problems. According to the officer, the defendant performed poorly on field sobriety tests such as the one leg stand, walk and turn and finger to nose. The defendant refused the breath test subsequent to his arrest for DUI.
The State dropped the DUI.
Jul 17, 2006 Case: 508419-X Judge Newman
The defendant was stopped by the police for obstructing traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests according to the officer. The defendant blew a .194 in the breath machine after his arrest for DUI.
On the morning of trial, the State DROPPED the DUI.
Jul 17, 2006 Case: CT-002081-XAM Judge Ober
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests according to the officer. Everything was captured on video at the scene. The defendant refused the breath test.
On the morning of jury trial, the State DROPPED the DUI.
Jul 17, 2006 Case: 468466-W Judge McWhorter
The defendant was stopped for speeding and weaving in and out of traffic. The officer noticed an odor of alcohol, flushed face, and blood-shot eyes. The defendant was asked to perform roadside tests. According to the officer, on the walk and turn test, the defendant stepped off the line, didn't touch heel to toe, and took the incorrect number of steps up the line. On the one leg stand, the defendant put his foot down and raised his arms for balance. He was arrested for DUI and subsequently refused the breath test.
The State dropped the DUI.
Jul 14, 2006 Case: 06-009685TCA08 Judge Moyle
The defendant was stopped for weaving on the roadway. Once stopped, the officer noticed an odor of alcohol, slightly slurred speech, and unsteadiness. The defendant admitted to drinking two glasses of wine and one vodka drink. The defendant performed poorly on field sobriety tests on video tape. For example, on the walk and turn, the defendant could not keep her balance and stepped off the line. On the one leg stand, she used her arms for balance, put her foot down, and did not count as instructed. After her arrest for DUI, the defendant blew a .117 in the breath machine.
The Judge GRANTED the motion to suppress and threw out all of the evidence.
Jul 14, 2006 Case: 05-020015 Judge Gehl
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness. The officer also discovered marijuana on the defendant. She also admitted to taking anti-anxiety medication. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She subsequently blew a .084 in the breath machine and refused to give a urine sample.
The State dropped the DUI.
Jul 12, 2006 Case: 2005-CF-59168 (JURY TRIAL) Judge Holcomb
The defendant was stopped for driving off the roadway and weaving within his lane. The officer observed an odor of alcohol, mumbled speech, and balance problems. The defendant had to lean against his vehicle to prevent himself from falling. He performed poorly on roadside tests. For example, on the one leg stand he put his foot down three times, counted improperly, and swayed. After his arrest for DUI, the defendant refused the breath test. The defendant was charged with FELONY DUI as this was his FOURTH OFFENSE.
The Jury found the defendant NOT GUILTY.
Jul 12, 2006 Case: 06-009690MM10A Judge Cohen
The defendant was stopped for speeding and failing to use a turn signal. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A bottle of rum was found in the car and the defendant was very argumentative. The defendant refused the roadsides tests and the breath test.
On the morning of Jury trial, the State DISMISSED THE DUI.
Jul 11, 2006 Case: 04-026293MM10A (JURY TRIAL) Judge Zack
The defendant was stopped for speeding. When the officer turned on his police lights, the defendant did not stop immediately. The officer observed an odor of alcohol, blood-shot eyes, and a flushed face. A DUI task officer was called to the scene to conduct a DUI investigation. The defendant performed the walk and turn and finger to nose test. All of the exercises were captured on video at the scene. The defendant was arrested for DUI and refused the breath test.
The jury found the defendant NOT GUILTY IN ELEVEN MINUTES.
Jul 8, 2006 Case: 266809-X Judge Arzola
The defendant was stopped for weaving five times. Once the officer stopped him, he noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn exercise, the defendant took the incorrect number of steps and did not walk heel to toe. After the defendant's arrest for DUI, he blew a .149 in the breath machine.
Based on Florida case law, the Judge GRANTED the motion to suppress and the State DROPPED THE DUI.
Jul 3, 2006 Case: 05-20324MM10A Judge Ross
The defendant was stopped for driving erratically and making a wide right turn. The stopping officer noticed an odor of alcohol, bloodshot eyes, slurred speech and slow movements. The defendant was unsteady when she exited the vehicle, and stumbled onto the grass. On the walk and turn test she couldn't walk more than three steps without stumbling. On the one leg stand test she put her foot down 3 times within the first 4 seconds. The defendant was subsequently arrested for DUI. At the breath facility she picked up a garbage can attempted to pee in it.
Motion granted, case dismissed.
Jul 3, 2006 Case: 05-002241MM10A (JURY TRIAL) Judge Cowart
The defendant was observed sitting at a green light while it cycled several times. The officer approached the vehicle and noticed that the defendant had bloodshot eyes and a flushed face. After rolling down the window the officer noticed a strong odor of alcohol. The defendant admitted to drinking 5 vodka tonics and being under the influence of alcohol. The arresting deputy stated that the defendant performed and failed the field sobriety tests. He was subsequently arrested for DUI. The defendant blew a .161 in the breath machine.
After the second witness testified at trial, the state dropped the DUI.
Jul 2, 2006 Case: 503623-X Judge McWhorter
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The officer asked the defendant to perform field sobriety exercises. On the one leg stand, the defendant put his foot down and raised his arms nine times for balance. On the finger to nose test, he never touched the tip of his nose. On the balance exercise, he swayed five to six inches and estimated seventeen for thirty seconds. The defendant refused the breath test.
On the afternoon of trial and just before jury selection, the State dropped the DUI.
Jun 26, 2006 Case: 289859-X Judge Bloom
The defendant was involved in a rear-end accident. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. Upon exiting the car he was swaying back and forth holding onto the door for balance. Because of the obvious and extreme intoxication, field sobriety tests were not conducted. The defendant was arrested for DUI and blew a .219 in the breath machine.
The State dropped the DUI on the morning of trial.
Jun 26, 2006 Case: 2006-CT-3158-0 Judge Wixtrom
The defendant was stopped for making a left turn from the center lane cutting off another car. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to taking Lexipro as well as another drug consistent with anxiety. The defendant performed the walk and turn test as well as the one leg stand. On the walk and turn test the defendant failed to walk in a straight line, failed to walk heel to toe, and took the wrong number of tests. On the one leg stand test the he dropped his foot and counted incorrectly. The defendant was arrested for DUI and provided a urine sample for the drugs.
The DUI was Dismissed.
Jun 23, 2006 Case: 05-035786TCA99 Judge Marx
The defendant was stopped for driving northbound across the front lawn of the Greenacres Police Department. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted he was coming from a bar and he had 3 grey goose and sours. The officer took the defendant inside the police station to conduct the investigation. As he walked down the hall staggering and swaying. After performing three field sobriety tests the defendant was arrested for DUI. He blew a .095 in the breath machine.
The State conceded the motion and dropped the DUI.
Jun 22, 2006 Case: 05-009168MM10A Judge Murphy
The defendant was involved in a rollover crash. She was wobbly exiting the vehicle. During a conversation with the investigating officer her speech was extremely slurred and she had mood swings. The Trooper noticed a strong odor of alcohol and bloodshot eyes. The defendant was arrested for DUI and blew a .131 in the breath machine.
The motion was granted and the case was DISMISSED.
Jun 21, 2006 Case: 05-001709CF10A Judge M. Kaplan
The defendant lost control of his vehicle, drove across 3 lanes of traffic and crashed into a construction truck. The officer noticed a "very" strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. After exiting the vehicle the defendant was stumbling all over the roadway. Because this was a 4th offense the defendant was charged with felony DUI and DUI property damage.
The state conceded the motions and dropped both the felony DUI as well as the DUI with property damage.
Jun 20, 2006 Case: 05-018784TCA02 (JURY TRIAL) Judge Corlew
The defendant was passed out behind the wheel of his car with the engine running. The officer observed an odor of alcohol, bloodshot eyes and he was drooling all over his face. After exiting the car the officer stated that the defendant was stumbling all over the place. The defendant refused to perform all sobriety tests and was arrested for DUI. This was the defendant's 3rd DUI.
The Jury found the defendant NOT GUILTY.
Jun 18, 2006 Case: 05-010429MM10A Judge Ross
The defendant was stopped for hitting the curb several times and driving onto the sidewalk. The officer noticed a flushed face and a strong odor of alcohol. The defendant admitted to drinking scotch. The officer stated that the defendant failed all of the roadside tests and was arrested for DUI. The defendant blew a .111 in the breath machine.
The motion was granted and the breath test was thrown out.
Jun 15, 2006 Case: 05-012730MM10A Judge Murphy
The defendant was stopped for driving in and out of traffic going 115mph in a 65mph zone. The DUI task force officer observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant was asked to exit the vehicle and was completely unsteady. After the eye test he was arrested for both DUI and Reckless Driving. The defendant blew a .148 in the breath machine after his arrest for DUI. This was his 2nd DUI.
After the motion the state conceded and dropped the DUI.
Jun 14, 2006 Case: 2005CT023142SC Judge Denkin
The investigating officer first noticed the defendant cut off another car while attempting to make a u-turn. The defendant then proceeded to make the u-turn, this time cutting off the officer. He then activated his lights and conducted a traffic stop. The officer noticed an odor of alcohol, bloodshot eyes and extremely slurred speech. While exiting the car he was noticeably unsteady on his feet. During a conversation with the officer, the defendant admitted to taking medication as well as drinking. The officer had him perform field sobriety tests. The video clearly showed that the defendant was unable to perform any of the exercises and was subsequently arrested for DUI. This was his 2nd DUI. It should be noted that our firm took over the case after the defendant's first lawyer told him to plead guilty.
The Court agreed, the motion was granted and the field sobriety tests were thrown out.
Jun 13, 2006 Case: 05-14438MM10A (JURY TRIAL) Judge Feiner
The defendant was stopped for driving out of his lane and on the grass on three separate occasions. The initial officer noticed an odor of alcohol and blood-shot eyes. Based on those observations, a DUI task force officer was called. The DUI task force officer also made similar observations which were consistent with driving under the influence. The deputy believed that the defendant performed poorly on the roadside tests and arrested the defendant for DUI. The deputy asked the defendant if he would take a breath test and the defendant responded that "it is was not in his best interest."
The Jury found the defendant NOT GUILTY.
Jun 11, 2006 Case: 04-014978MM10A (JURY TRIAL) Judge Zack
The defendant was stopped for speeding. The officer observed an odor of alcohol and red eyes. The defendant performed the one leg stand and finger to nose tests. The defendant was arrested for DUI and refused the breath test. This was his second arrest for DUI as the firm previously got his first dui dropped.
The jury found the defendant NOT GUILTY IN TWO MINUTES.
Jun 11, 2006 Case: 381772-W Judge Lindsey
The defendant was observed weaving all over the roadway before side swiping another vehicle. When the officers arrived, they observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant stumbled when he exited the car and almost fall backwards. The defendant could not perform any field sobriety exercises to his level of impairment. After his arrest for DUI, the defendant blew a .266 in the breath machine. This was the defendant's second DUI.
THE STATE DROPPED THE DUI.
Jun 11, 2006 Case: 317112-X Judge Arzola
The defendant was stopped for driving too slow and impeding traffic. The officer observed and odor of alcohol, slurred speech, and blood-shot eyes. The defendant staggered and nearly fell when he got out of the car. The defendant performed the eye test and could not do any others due to his intoxication level. He blew a .224 in the breath machine. This was the defendant's second DUI.
On the morning of trial, the case was DISMISSED on statute of limitation's grounds.
Jun 11, 2006 Case: 489023-X Judge McWhorter
The defendant was found hiding in a bush by police after a BOLO (be on the lookout) was issued after he had been involved in a crash where he struck a sign post. The officer noticed an odor of alcohol, slurred speech, and red eyes. The defendant stated he had too much to drink and was involved in a crash. The defendant performed the roadside tests and was arrested for DUI. On the walk and turn test, he stumbled and nearly fell. On the one leg stand, he put his foot down numerous times. After his arrest for DUI , he blew a .178 in the breath machine.
On the morning of trial, THE STATE DROPPED THE DUI.
Jun 11, 2006 Case: 489145-X Judge Mills-Francis
The defendant was found in her vehicle by police in the middle of the road. No one saw her actually driving the car. The car had severe front end damage to the tires and rim. The initial officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called to have the defendant performed roadside tests. The defendant failed the tests and was arrested for DUI. She refused the breath test subsequent to her arrest for DUI.
THE STATE DISMISSED THE DUI.
Jun 9, 2006 Case: 386353-W (JURY TRIAL) Judge Bloom
The defendant was stopped for driving 80 miles per hour, weaving all over the road, and going air-born over the train tracks. The officer observed an odor of alcohol, blood shot-eyes, and slurred, confused and mush mouthed speech. The defendant's movements were slow once outside the vehicle and he swayed. He allegedly performed poorly on all five roadside tests and then refused the breath test. The defendant admitted to having three beers.
The JURY found the Defendant NOT GUILTY of both DUI AND RECKLESS DRIVING.
Jun 9, 2006 Case: 06-MM-576-K Judge Miller
The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant was also swaying while standing and admitted drinking. The defendant performed poorly on roadside tests. For example, on the walk and turn, he used his arms for balance, took the incorrect number of steps, and stopped walking to regain his balance. On the one leg stand, the defendant put his foot down, used his arms for balance, and swayed. He was arrested for DUI.
The State dropped the DUI.
Jun 2, 2006 Case: 317103-X Judge Ortiz
The defendant was stopped for weaving and speeding for approximately 1/2 of a mile. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol. The defendant was asked to perform field sobriety tests. On the one leg stand the defendant allegedly put his foot down five times. On the walk and turn the defendant lost his balance and stepped off the line. He was subsequently arrested for DUI. After being arrested the defendant told the officer that he had a lot to drink and knows the system because he's a bartender.
The State dropped the DUI on the morning of trial.
Jun 1, 2006 Case: 05-001218CFA Judge Martin
The defendant was involved in an accident in which he collided with a concrete barrier. The crash was witnessed by a construction worker. When the officer's arrived, the defendant stated he was the driver and he was not injured. The officer observed an odor of alcohol, red/bloodshot eyes, slurred speech, and he was swaying back and forth. The defendant performed poorly on roadside tests. On the walk and turn, he ran into the officer and on the one leg stand, he almost fell over. The tests were stopped for his safety. After his arrest for DUI, the defendant blew a .129 in the breath machine. The defendant was charged with felony DUI because of his prior record.
The State dropped the DUI.
May 31, 2006 Case: 2006-CT-815-0 (JURY TRIAL) Judge Cheek
The defendant was involved in a crash whereby he swerved out of his lane and hit another vehicle. The officer observed that the defendant was unsteady on his feet, he had an odor of alcohol on his breath as well as slurred speech. The defendant was asked to perform field sobriety tests. On the walk and turn the defendant nearly fell over on his second step. On the Rhomberg balance test, the defendant swayed and estimated 46 seconds for 30 seconds. The defendant was arrested and blew a .120 in the breath machine.
After the jury was selected the State dropped the DUI.
May 30, 2006 Case: 286248-X Judge Ortiz
The defendant was stopped for speeding and running a red light. The initial officer observed the defendant stagger out of the car, have an odor of alcohol, and blood-shot eyes. A DUI officer was called to conduct roadside tests. On the one leg stand, the defendant put her foot down several times and lost her balance throughout the exercise. On the finger to nose, the defendant failed to touch her nose several times and did not maintain her eyes closed. The defendant was arrested for DUI and later refused the breath test.
On the morning of trial, the State DROPPED the DUI.
May 23, 2006 Case: 06-03193-MMA Judge Eriksson
The defendant was observed by independent witnesses driving all over the roadway and driving up on the curb almost five times. Police were dispatched and the first officer came in contact with the defendant at a gas station. He was identified by the witnesses as the driver and the defendant admitted driving. The officer observed mumbled speech, an odor of alcohol, and watery eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line several times and took the wrong number of steps. On the one leg stand, he put his foot down and started to do the walk an turn again. He was arrested for DUI.
The DUI was dismissed.
May 22, 2006 Case: 03-016346MM10A Judge Zack
The defendant was involved in a rollover crash. When the trooper arrived on scene, the defendant was being air-lifted to the hospital. Independent witnesses identified the defendant as the driver of the vehicle involved in the crash. At the hospital, the trooper observed the defendant to have an odor of alcohol, slurred speech, blood shot eyes, and a flushed face. The defendant gave a blood test in which the resutls were a .102. This was the defendant's second DUI.
The State dropped the DUI on the morning of trial.
May 22, 2006 Case: 05-276919-WTWS (JURY TRIAL) Judge Salton
The defendant was involved in a crash in which the car ended up in a ditch. When the first officer arrived, he observed both the defendant and his alleged passenger standing outside the vehicle. The defendant was covered in mud. The defendant told the police during the accident investigation that a fox ran out in front of the car which caused the vehicle to crash into the ditch. The officer observed the defendant to have an odor of alcohol, slurred speech, blood shot eyes, and unsteadiness. He performed poorly on field sobriety tests and was arrested for DUI. The defendant refused the breath test.
After picking a Jury, the State dropped the DUI and the defendant received no conviction on his record.
May 15, 2006 Case: 575481-X Judge Mills-Francis
The defendant was stopped for running through an intersection with a broken red light without stopping or slowing. The officer observed an odor of alcohol and slurred speech. He called for a DUI officer to conduct field sobriety exercises. According to the DUI officer, the defendant failed all the tests. For example, on the walk and turn, the officer wrote the defendant did not touch heel to toe, stepped off the line, and lost his balance during the instructions. On the one leg stand, the officer wrote the defendant put his foot down three or more times and stopped the test at some point. Further, on the finger to nose, the officer alleged he stopped the test on the third arm movement. The defendant was then arrested for DUI. Two glasses of alcohol were found in the car upon his arrest.
Upon showing the State the deposition just prior to trial, the State DROPPED THE DUI.
May 15, 2006 Case: 014065-W Judge Ortiz
The defendant was involved in a crash in which he rear ended another car. He then left he scene of the accident and was later stopped by police. The police observed the defendant to have an odor of alcohol, appear unsteady, and have slurred speech. The defendant was arrested for Leaving the Scene of an Accident and DUI. The defendant refused roadside tests and the breath test.
On the morning of trial, the State DROPPED THE DUI.
May 15, 2006 Case: 6229-XAE Judge Arzola
The defendant was approached by a Sunny Isles officer who was pumping gas in North Miami Beach when he spotted the defendant slumped over the wheel of his vehicle in the middle of the road. The officer opened the door and had to rub the defendant's shoulders to awake him to see if he was alive. The officer noticed an odor alcohol, raspy speech, bloodshot eyes and the defendant appeared incoherent. The Sunny Isles officer conducted roadside tests and the defendant failed all of the five performed. He was then arrested for DUI. He subsequently refused the breath test. This was the defendant's second DUI.
The Judge GRANTED the motion to exclude the roadsides pursuant to Florida case law and excluded the field sobriety tests from evidence. Florida case law states when an officer is acting outside his jurisdiction, he is considered a civilian and has no right to gain access to evidence that a normal person would not be able to gather, such as field sobriety tests. In other words, the only reason the defendant submitted to the tests is because the officer was in uniform and driving in a marked patrol unit. When the motion was granted, the State DROPPED THE DUI.
May 12, 2006 Case: 06-13933TCA02 Judge Eissey
The defendant was first observed to be slumped over the wheel. The owner of the store called police, however, fire rescue arrived prior to the officer. When the officer arrived, he observed an odor of alcohol, slurred speech, and balance problems. The defendant performed poorly on field sobriety tests and was arrested for DUI. Subsequently, he blew a .132 in the breath machine.
The State conceded the motion and DISMISSED THE DUI.
May 12, 2006 Case: 06-6791MM10A Judge Gehl
The defendant was stopped for speeding and running a red light. Upon contact, the officer stated that the defendant seemed disoriented. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He later admitted to drinking three scotch and waters. The defendant did state that he was taking several medications for an illness. After performing poorly on the one leg stand and walk and turn test he was arrested for DUI. He blew a .083 in the breath machine.
The State dropped the DUI on the morning of Jury trial.
May 12, 2006 Case: CTC-6438MMAES Judge Schuman
The defendant was stopped for weaving on the roadway. The driving pattern was captured on video. The officer observed an odor of alcohol, bloodshot eyes and slow speech. On the one leg stand the defendant put his foot down 3 times. On the finger to nose he missed his nose 2 separate times. On the walk and turn the defendant failed to touch heel to toe. The defendant was arrested for DUI and blew a .139 in the breath machine.
The State dropped the DUI.
May 9, 2006 Case: 052029-W Judge Newman
The defendant was involved in a rear-end crash. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant appeared to be confused in responding to the officer's questions, although he did state he had two beers. The defendant refused the roadside tests and the breath test.
On the morning of trial, the State DROPPED THE DUI.
May 9, 2006 Case: 586721-X Judge Bloom
The defendant was involved in a rear end collision. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking and taking medication. The defendant refused all roadside tests and the breath test.
On the morning of trial, the State DROPPED THE DUI.
May 9, 2006 Case: 290000-X Judge Ortiz
The defendant was involved in a traffic crash. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused roadside tests, but blew a .143 in the breath machine after his arrest for DUI. This was the defendant's third offense.
On the morning of trial , the State DROPPED THE DUI.
May 7, 2006 Case: CT-007394-XAF Judge Ober
The defendant was involved in a crash. Upon arrival the officer noticed a distinct odor of alcohol, flushed face and bloodshot eyes. The defendant was then told that they would be conducting field sobriety tests. The defendant allegedly performed poorly on all tests and was arrested for DUI. The defendant blew a .160 in the breath machine. This was his 2nd DUI.
After the motion to suppress the State dropped the DUI.
May 7, 2006 Case: CT-001561-XAM Judge Courtney
The defendant was stopped for driving the wrong way without headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. The officer found a bar receipt in a pocket for $138.23. The defendant failed to keep his foot up on the one leg stand and stepped off the line on the walk and turn test. He was subsequently arrested for DUI.
The State dropped the DUI.
May 7, 2006 Case: CT-006493-XAF Judge Ober
The defendant was stopped for weaving all over the road and failing to stop at a stop sign. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. On the one leg stand she was swaying and put her foot down several times. On the walk and turn test she stepped off the line and failed to walk heel to toe. She was arrested for DUI and blew a .154 in the breath machine.
The State dropped the DUI.
May 6, 2006 Case: 05-009168MM10A Judge Murphy
The defendant was involved in a rollover crash. The first Trooper observed the defendant behind the wheel of the vehicle. The investigating Trooper observed a strong odor of alcohol, bloodshot eyes and slurred speech. He also observed that when she stood up she was completely off balance. The defendant was arrested for DUI and blew a .131 in the breath machine.
All motions were granted. All of the evidence was thrown out.
May 6, 2006 Case: 06-CT-1440-XAM Judge Ober
The defendant was stopped for running a red light. The officer observed an odor of alcohol, blood-shot eyes, and slurred speech. The defendant failed the walk and turn, one leg stand, and HGN (eye test) according to the DUI officer. The defendant was subsequently arrested for DUI. This was the defendant's second DUI in less than two years.
The State dropped the DUI.
May 4, 2006 Case: 575297-X Judge McWhorter
The defendant was stopped for speeding. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed all field sobriety tests and was arrested for DUI. He subsequently blew a .129 in the breath machine.
The State dropped the DUI.
Apr 19, 2006 Case: 03-024369MM10A Judge Robinson
The defendant was stopped for cutting off other vehicles and running into the curb. The officers noticed an odor of alcohol and that the defendant was off balance swaying from side to side. Inside the car was a six pack of Bacardi silver, an empty pint of vodka and an open container of vodka and orange juice. The defendant attempted the finger to nose test but could not stand without leaning against the car. The defendant was arrested for DUI. A urine sample revealed the presence of cocaine, hydrocodone and oxycodone.
The motion was granted and the case was DISMISSED.
Apr 17, 2006 Case: 508468-X Judge Krieger-Martin
The defendant was stopped by police for driving without her headlights. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. She was asked to perform field sobriety tests. For example, on the walk and turn, she missed heel to toe ten times and raised her arms for balance. On the one leg stand, she put her foot down four times and raised her arms for balance. The defendant refused the breath test.
Based on the deposition transcript, the State dropped the DUI.
Apr 13, 2006 Case: 05-015472TCA08 Judge Moyle
The defendant was stopped at road block checkpoint. A caller had called 911 stating the defendant was driving all over the road. She identified the defendant at the checkpoint. The defendant appeared dazed, confused, and her speech was slurred. When the defendant exited the vehicle, she nearly fell. The defendant could not perform one roadside test to standards on video and appeared completely impaired. The defendant was arrested for DUI. She refused both a breath and urine test. This was the defendant's third offense for DUI.
The DUI was dismissed.
Apr 12, 2006 Case: 086817-J Judge Newman
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and balance problems. The defendant performed poorly on roadside tests and refused the breath test.
The State dropped the DUI.
Apr 12, 2006 Case: 503772-W Judge McWhorter
The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadsides tests. For example, on the walk and turn, the defendant stepped off the line seven times. On the one leg stand, the defendant put her foot down seven times. After her arrest for DUI, the defendant blew a .151 in the breath machine.
The State dropped the DUI.
Apr 12, 2006 Case: 286741-X Judge Lindsey
The defendant was involved in a rear end traffic crash. The officer observed an odor of alcohol, slurred speech, and the defendant had urinated on himself. The defendant performed poorly on roadside tests and then refused the breath test.
On the morning of trial, the State DROPPED THE DUI.
Apr 4, 2006 Case: 05-017168MM10A Judge Murphy
The defendant was observed to be passed out in the middle of the intersection. The deputy noticed bloodshot eyes and a strong odor of alcohol. The defendant later admitted to driving. A DUI task force deputy was called to conduct field sobriety tests. On the walk and turn test the defendant missed heel to toe several times. On the finger to nose test the defendant failed to touch the tip of his nose and performed the wrong arm movement. The defendant was arrested for DUI.
The State dropped the DUI on the morning of trial.
Apr 4, 2006 Case: 1316-EIV Judge Bloom
The defendant was stopped while entering a roadblock. The officers observed an odor of alcohol and slow speech. The defendant almost fell while walking to the staging area to perform field sobriety tests. The defendant was asked to perform field sobriety tests. On the walk and turn exercise, he lost his balance during the instructions, raised his arms for balance, and did not take the correct number of steps. On the one leg stand, the defendant swayed, raised his arms, and hopped. The defendant tested positive for marijuana in a urine screen. Prior to the urine test, an exam was conducted by a DRE officer who was specifically trained in the recognition of detecting whether someone is impaired by drugs. The officer concluded the defendant was impaired by a controlled substance.
On the morning of trial, the State dropped the DUI.
Apr 1, 2006 Case: 04-016150MM10A Judge Robinson
The defendant was stopped at a DUI checkpoint. The task force deputy observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. After exiting the car the subject was swaying from side to side. The defendant failed all field sobriety tests and was arrested for DUI.
The motion was granted and all of the evidence was thrown out. The State dropped the DUI.
Mar 29, 2006 Case: 05-002365MM10A Judge Robinson
The defendant was stopped for making an illegal u-turn almost striking the deputy. Upon contact, the deputy noticed an odor of alcohol, bloodshot eyes, and a flushed face. A DUI officer was then called to the scene. On the walk and turn test she failed to walk heel to toe and made an improper turn. On the finger to nose test, the defendant left her finger on her nose contrary to instructions. She was arrested for DUI and blew a .101 in the breath machine.
The State dropped the DUI on the morning of trial.
Mar 29, 2006 Case: 05-018449MM10A Judge Feiner
The defendant was stopped for almost colliding with the center median two times. The deputy observed a strong odor of alcohol. bloodshot watery eyes and slurred speech. The defendant was unsteady exiting the car and was unsure where she was coming from. A DUI officer arrived and conducted a criminal investigation. He stated that the defendant appeared extremely unsteady on her feet and performed poorly on the field sobriety tests. He also stated that the defendant admitted to taking prescription medication for anxiety.
The motion was granted and all evidence was thrown out.
Mar 27, 2006 Case: 2006-CT-872-0 Judge Shoemaker
The defendant was stopped for weaving, speeding, and running a red light. The State Trooper observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant staggered and swayed once he was outside of his vehicle. The defendant refused both the roadside tests and the breath test. This was the defendant's second offense.
On the morning of jury trial, the State Dropped the DUI.
Mar 23, 2006 Case: 05-002270MM10A Judge Cowart
The defendant was stopped for driving 55 miles per hour in a posted 30 miles per hour zone. The officer noticed an odor of alcohol, slurred speech, and glassy bloodshot eyes. Additionally, the officer noticed an alcoholic beverage next to the defendant in the vehicle. The defendant was unsteady as he exited the vehicle. A DUI task force member was called to conduct a criminal investigation. After failing the field sobriety tests, he was arrested for DUI. The defendant blew a .121 in the breath machine after his arrest for DUI.
The State dropped the DUI and Open Container charges.
Mar 17, 2006 Case: 412774-X Judge Mills-Francis
The defendant was stopped by police after striking the sidewalk with his vehicle and swerving. Other motorists had to move out of his way. The officers observed an odor of alcohol, slurred and mumbled speech, and unsteadiness. The defendant performed the roadside tests after being asked by the officers. The defendant could not perform any of the exercises since he almost fell over each time. After his arrest for DUI, the defendant blew a .209 in the breath machine.
The DUI was dismissed.
Mar 17, 2006 Case: 05-11672MM10A Judge Gehl
The defendant was observed to be sleeping in a parked vehicle behind a closed business. Two officers approached the car. One officer testified that he witnessed a strong odor of alcohol, slurred speech and bloodshot eyes. The other officer noticed that he was unsteady on his feet when exiting the car. A DUI task force officer was called to conduct an investigation. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI.
The Motion was granted, the DUI was DISMISSED.
Mar 10, 2006 Case: 06-CT-001228-XCA Judge Ober
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped at the scene. The defendant refused the breath test.
The State dropped the DUI.
Mar 10, 2006 Case: 550675-X Judge Ortiz
The defendant was stopped by an off duty officer for driving all over the roadway and into oncoming traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called who made the same observations. The defendant refused all roadside tests and the breath test. This was the defendant's THIRD offense.
The DUI was dismissed.
Mar 8, 2006 Case: 06-3504-MMA Judge Marblestone
The defendant was involved in a traffic crash which he hit a tree. Witnesses identified the defendant as the driver involved in the crash. When the officers arrived, they found the defendant inside a restaurant and noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on all roadside tests and blew a .190 in the breath machine after his arrest for DUI.
The State conceded the motion and DROPPED THE DUI.
Mar 4, 2006 Case: 04-11131MM10A Judge Gehl
The defendant was stopped for weaving all over the road. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI officer to conduct the criminal investigation. Prior to performing the sobriety tests the defendant informed the officer that he was in the hospital that day because a nail went into his eye. He also explained on video that the injury causes a problem with his equilibrium. The DUI officer disregarded the information and conducted the full battery of field sobriety tests. The officer stated that he failed the tests and arrested him for DUI.
After striking a number of jurors, the first jury panel was struck. The State subsequently dropped the DUI.
Mar 2, 2006 Case: 05-025643TCA04 Judge Marx
The defendant was stopped for driving his vehicle on the yellow line for 4 blocks straight. The defendant had bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all field sobriety tests and was arrested for DUI. He blew a .189 in the breath machine.
The State dropped the DUI.
Feb 28, 2006 Case: CT-002328-XAM (JURY TRIAL) Judge Barber
An unknown caller reported that the defendant's vehicle was driving on the wrong side of the road. The officer observed a vehicle matching the description, saw the vehicle run a red light, and drive over the curb. The officer observed an odor of alcohol, bloodshot eyes and a sway to her stance. The defendant performed field sobriety tests which allegedly indicated signs of impairment. The defendant was arrested for DUI and blew a .166 in the breath machine. This was the defendant's second DUI within five years.
On the second day of trial, the State dropped the DUI.
Feb 21, 2006 Case: 05-009515MM10A (JURY TRIAL) Judge Feiner
The defendant was involved in a high speed rear-end collision whereby he struck a vehicle directly in front of him. The defendant's vehicle flipped over several times and the victim sustained injuries. An off duty officer witnessed the accident. Upon arrival, the investigating trooper noticed an extremely strong odor of alcohol on the defendant's breath, bloodshot eyes, and a flushed face. The victim testified in a pre-trial deposition that the defendant's car was riddled with beer cans. The trooper had the defendant perform field sobriety tests and subsequently arrested the defendant for DUI causing property damage and injuries to another. The defendant was also charged with refusal to submit to a breath test since this was his second arrest for DUI involving a refusal.
After the cross examination of the arresting trooper in the middle of jury trial, the State dropped the DUI charge and the charge for refusing to submit to a breath test.
Feb 13, 2006 Case: 04-025307MM10A Judge Feiner
The defendant was stopped for swerving from lane to lane. The officer noticed bloodshot eyes and an odor of alcohol on his breath. The officer then contacted a deputy with a camera to conduct the criminal investigation for DUI. The DUI deputy made additional observations including unsteadiness and slurred speech. The defendant refused to perform any tests and was arrested for DUI.
The State dropped the DUI on the morning of trial. This was the defendant's 2nd offense.
Feb 5, 2006 Case: 05-018449MM10A Judge Feiner
The defendant was stopped for weaving on the road. She had an odor of alcohol, bloodshot eyes, slurred speech and was extremely unsteady on her feet. The defendant admitted to taking anxiety medication and appeared confused. The defendant failed field sobriety tests and was arrested for DUI. This was the defendant's 2nd offense for DUI.
The motion was granted the case was DISMISSED.
Feb 2, 2006 Case: 01-9748MM10A (JURY TRIAL) Judge Gehl
The deputy testified at trial that he stopped the defendant because he exhibited signs of impairment when he saw him 30 minutes prior in a parking lot. After stopping the defendant the deputy testified that he noticed bloodshot eyes, flushed face and an odor of alcohol on his breath. He also testified in trial that the defendant appeared to be unsteady as he walked. On the walk and turn the deputy stated the defendant failed to walk heel to toe throughout the test. On the one leg stand he testified that the defendant kept tapping his foot on the ground and repeating numbers. The defendant was arrested for DUI and blew a .098 in the breath machine. He also refused a urine test.
The motion was granted. The State appealed, and the judge affirmed the opinion. All charges were DISMISSED.
Jan 31, 2006 Case: 508695-X (JURY TRIAL) Judge Krieger-Martin
The defendant was stopped for running a red light. The officer who stopped the defendant, observed an odor of alcohol, bloodshot eyes, slightly slurred speech, and a sway to his stance.
The jury found the defendant NOT GUILTY in TEN MINUTES on his THIRD OFFENSE.
Jan 31, 2006 Case: 04-003872MM10A (JURY TRIAL) Judge Lazarus
The defendant was stopped for driving 90 mph. The officer noticed an odor of alcohol, slurred speech, flushed face and bloodshot eyes. The DUI task force requested the defendant to perform field sobriety tests. On the finger to nose test the defendant failed to touch the tip of his nose and never took his finger off of his face. On the walk and turn the defendant failed to maintain his balance in the heel to toe position. He was unsteady on the turn and used his arms for balance. He was arrested for DUI and blew over the legal limit in the breath machine.
The Jury found the defendant NOT GUILTY in less than 1 minute.
Jan 30, 2006 Case: 550517-X Judge Bloom
The defendant was stopped for turning into an intersection and almost colliding with other traffic. The officers, observed slurred speech, an odor of alcohol, and the defendant stumbled as he exited the car. On the field sobriety exercises, such as the walk and turn, the defendant never touched heel to toe and stepped off the line at least six times. On the one leg stand, the defendant put his foot down four times. After performing the rest of the tests poorly, he was arrested for DUI. The defendant refused the breath test and this was his Second DUI.
After announcing ready for trial, the State dropped the DUI. The State dropped the DUI.
Jan 30, 2006 Case: 04-012837MM10A Judge Gehl
The defendant was stopped for running a red light. The initial officer noticed an odor of alcohol, bloodshot eyes and a flushed face. He then requested a DUI task force member to conduct the investigation. The defendant performed 3 field sobriety tests. On the walk and turn test the defendant repeatedly stumbled off the line. He was subsequently arrested for DUI.
The State approached the defense and dropped the DUI on the day of trial.
Jan 30, 2006 Case: 575287-X Judge Bloom
The defendant was stopped for driving on a blown out shredded flat tire. Once stopped by police, the officers observed an odor of alcohol, slurred speech, bloodshot eyes, and the defendant had to hold on to the car for balance. He performed poorly on roadside tests. Specifically, he failed to touch the tip of his nose on all attempts on the finger to nose exercise. On the walk and turn, he took the incorrect number of steps and stepped off the line throughout the exercise. The defendant was subsequently arrested for DUI.
On the morning of trial, the State conceded the motion. The State dropped the DUI.
Jan 27, 2006 Case: 04-20009MM10A Judge Berman
The defendant was stopped for driving at a high rate of speed while squealing his tires. In addition, the defendant made two quick u-turns. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant stated that he had a few beers. Believing that the defendant might be DUI she asked him to perform field sobriety tests. After conducting the finger to nose, walk and turn as well as the one leg stand test, the defendant was arrested for DUI.
The state conceded the motion and dropped the DUI.
Jan 23, 2006 Case: CT-5666-XAM Judge Ober
The defendant was first seen in the center lane driving through a red light. Next, the defendant swerved to his left side almost colliding with the concrete medium. The defendant was allegedly swerving his vehicle over the next mile. The officer stated that the defendant ran through another light blocking the entire intersection. Upon contact with the driver, the officer stated that he was staggering and swaying as he walked. He also stated that the defendant almost fell over when his keys dropped to the ground. His speech was supposedly slurred and thick. He noticed an odor of alcohol and bloodshot eyes. The officer called for a member of the DUI task force. The task force officer placed the defendant on video and conducted field sobriety tests. The defendant was arrested for DUI and blew a .085 in the breath machine. He also admitted on video to taking Vicodin.
The State dropped the DUI on the morning of trial.
Jan 13, 2006 Case: 05-2378MMA Judge Hershey
The defendant was involved in a traffic crash in which she pulled out in front of a truck. When the trooper arrived, he observed an odor of alcohol, mumbled speech, and dilated eyes. The defendant was arrested without being given the opportunity to perform field sobriety tasks. The defendant blew a .152 in the breath machine after her arrest for DUI causing property damage.
The State dropped the DUI.
Jan 12, 2006 Case: 46-2006-CT-011176-0 Judge Ansbro
The defendant was parked on the side of an open business with her lights off in the middle of the night. An undercover officer pulled up to the store to see if anything was happening. When the officer pulled up in his undercover truck and got out of the vehicle, the defendant drove off. The officer then initiated a traffic stop believing a crime had been committed or may be committed according to his testimony. The officer felt the defendant's car appeared "suspicious." Once stopped, the officer noticed an odor of alcohol, slurred speech, and unsteadiness. A DUI officer was called and made similar observations. The defendant refused all roadside tests and refused the breath test. This was the defendant's SECOND DUI.
The defense provided case law and the Judge GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE. THE STATE DISMISSED THE DUI.
Jan 11, 2006 Case: 05-21544MM10A Judge Robinson
The defendant was involved in a crash in which he ran over dirt, bushes, and landed in a canal. A police diver got him out of the vehicle as it was submerged in swampland. Once on land, the officers noticed an odor of alcohol and unsteadiness. The defendant admitted to drinking five to six beers. He performed poorly on roadside tests and refused the breath test after his arrest for DUI.
On the morning of Jury Trial, the STATE DROPPED THE DUI.
Jan 5, 2006 Case: 05-0029252-XAD-ANC Judge Horrox
The defendant was stopped for failing to maintain a single lane. Once stopped, the officer observed an odor of alcohol, a sway and unsteadiness, to his stance, and slurred speech. According to the officer, he performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line and used his arms for balance. On the one leg stand, he swayed and used his arms for balance. Subsequent to his arrest for DUI, he refused the breath test.
The State dropped the DUI.
Jan 3, 2006 Case: 05-012327MM10A (JURY TRIAL) Judge Ross
The defendant was stopped for driving 90 miles per hour. The trooper observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The trooper asked the defendant to exit the vehicle and noticed she was unsteady. The trooper then asked if she would perform field sobriety tests and she complied. On the walk and turn test, she stepped off the line and missed heel to toe several times. On the one leg stand, she swayed and was off balance. On the finger to nose test, the trooper stated she was unable to touch her finger to her nose on every attempt. The defendant was arrested for DUI and blew a .111 in the breath machine. After being read her Miranda rights, the defendant told the officer that she was in Tamarac when in fact she was not in Tamarac. She also admitted to drinking wine.
The Jury found the defendant NOT GUILTY.
Jan 2, 2006 Case: 04-026756MM10A Judge Lazarus
The defendant was stopped for speeding. The officer observed bloodshot eyes, slurred speech, sluggish movements and a strong odor of alcohol on his breath. The defendant performed several field sobriety tests. On the finger to nose test he failed to touch his nose 5 out of six times. On the walk and turn test the defendant failed to stay on the line. On the one leg stand he put his foot down 5 times and stated he cannot do this. The defendant stated that he would have gotten away with this if he wasn't speeding.
The State dropped the DUI the morning of trial.
Jan 2, 2006 Case: 04-016510MM10A Judge Robinson
The defendant was stopped for driving across the double yellow lines while driving 62 mph in a 40 mph zone. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was so belligerent that he had to be physically removed from the car. He refused the exercises but later consented to a breath test. His result was a .153.
The State dropped the DUI. This was the defendant's 2nd DUI within 5 years.
Dec 13, 2005 Case: 05-003407TCA04 Judge Evans
The defendant was stopped for running a red light and squealing his tires. The two officers observed an odor of alcohol, slurred speech, and the defendant was fumbling looking for his license. He was unstable on his feet and admitted to drinking beers. He refused the roadside tests and the breath test.
The State dropped the DUI.
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