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DUI Wins

Our Recent Victories

Sep 25, 2006 Case: 403782-X Judge Lindsey
The defendant was stopped while driving through a checkpoint. The officer noticed a strong odor of alcohol. The defendant failed 3 different roadside tests and blew a .119 in the breath machine.
The State dropped the DUI.
Sep 25, 2006 Case: 489281-X Judge Mills-Francis
The defendant was stopped for speeding and squealing his tires. The Sgt. observed a flushed face, bloodshot eyes and an odor of alcohol. On the one leg stand the defendant dropped his foot on number 5 and raised his arm throughout the test. On the walk and turn the defendant stepped off the line and failed to touch heel to toe.
The DUI was dismissed.
Sep 25, 2006 Case: 317020-X Judge Newman
The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. According to the officer, the defendant failed each of the field sobriety tests. She was subsequently arrested for DUI and blew a .195 in the breath machine.
The State dropped the DUI.
Sep 22, 2006 Case: 06-791-T Judge Bell
The defendant was involved in a rear end collision. The officer noticed an odor of alcohol, staggering, slurred speech, and blood-shot eyes. The defendant had blood all over his face and clothing. The defendant performed poorly on roadside tests and was arrested for DUI. He subsequently refused the breath test.
The State dropped the DUI.
Sep 20, 2006 Case: 06-021631TCA99 Judge Cohen
The defendant was stopped at a roadblock checkpoint. The officer noticed an odor of alcohol and blood-shot eyes. The defendant was unsteady and refused all roadside tests. The defendant also refused the breath test.
The DUI was dismissed.
Sep 19, 2006 Case: CT-OO1596-XAM Judge Barber
The defendant was seen pulling into a gas station by a police officer. He walked up to the officer to ask for directions. The officer noticed and odor of alcohol, unsteadiness, and blood-shot eyes. A DUI unit was called and the defendant performed roadside tests. According to the DUI officer, the defendant failed the tests. The defendant was arrested for DUI and subsequently refused the breath test.
The State dropped the DUI.
Sep 18, 2006 Case: 086831-J Judge Bloom
The defendant was stopped for speeding through a construction zone. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant was completely unsteady and failed all roadside tests. He was arrested for DUI and blew a .171 in the breath machine.
The DUI was dismissed.
Sep 18, 2006 Case: 503667-W Judge Krieger-Martin
The defendant was stopped for driving the wrong way on a one-way street. The Sgt. observed a strong odor of alcohol, red watery eyes and slurred speech. On the walk and turn test the defendant lost his balance during the instructional phase and failed to walk heel to toe. On the one leg stand the defendant hopped throughout the test. The defendant was arrested for DUI and blew a .109 in the breath machine.
The State dropped the DUI.
Sep 18, 2006 Case: 297071-X Judge Lindsey
The defendant was stopped for speeding. The officer noticed bloodshot eyes and an odor of alcohol. The defendant fumbled while looking for his insurance and registration. He was completely unsteady on his feet and failed each field sobriety test. He was arrested for DUI and blew a .110 in the breath machine.
The State dropped the DUI on the morning of trial.
Sep 18, 2006 Case: 386013-W Judge Bloom
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. A DUI officer arrived and offered field sobriety tests. On the one leg stand the defendant put his foot down 3 times. On the walk and turn test he failed to stay on the line. He was subsequently arrested for DUI and blew a .111.
The State dropped the DUI.
Sep 18, 2006 Case: 306671-X Judge Lindsey
The officer received a call from dispatch about a possible drunk driver on the highway. The officer located the vehicle and noticed that the defendant was unable to maintain a single lane. Even after activating his lights, the defendant failed to pull over immediately. After stopping, the defendant told the officer "I have only been drinking a little bit". The officer then called for a DUI officer to conduct the investigation. He observed a strong odor of alcohol and bloodshot eyes. He failed all field sobriety tests and was arrested for DUI. He blew a .126 in the breath machine.
The State dropped the DUI.
Sep 13, 2006 Case: 06-010476TCA04 Judge Damico
The defendant was stopped for almost striking a police car. The officer who made the traffic stop, observed an odor of alcohol, slurred speech, and poor coordination. The defendant told the stopping officer he drank several alcoholic beverages and appeared confused. A DUI officer was called to the scene and made similar observations. The defendant performed poorly on the roadside tests. He was arrested for DUI and refused the breath test.
After reviewing the two depositions, the State DROPPED THE DUI.
Sep 11, 2006 Case: 05-035774TCA02 (JURY TRIAL) Judge Damico
The defendant was stopped for speeding. The officer observed an odor of alcohol, "somewhat" slurred speech, blood-shot eyes, and unsteadiness. The defendant performed the walk and turn and one leg stand tests. On the walk and turn, the officer testified the defendant used his arms for balance, took an incorrect number of steps, and started the test too soon. On the one leg stand, the officer testified the defendant put his foot down three times and used his arms for balance. The defendant was arrested for DUI and BLEW A .123 IN THE BREATH MACHINE at the breath testing facility.
The Jury found the defendant NOT GUILTY IN TEN MINUTES.
Sep 11, 2006 Case: 06-CT-7948-XAM Judge Ober
The defendant was stopped by an officer when he observed her driving off the roadway. A citizen had also called the police that they saw the defendant driving erratically. The officer observed an odor of alcohol, watery-glassy eyes, and unsteadiness. The defendant performed poorly on roadside tests and was arrested for DUI. She refused the breath test after her arrest for DUI.
The State dropped the DUI.
Sep 10, 2006 Case: 05-10429MM10A Judge Ross
The defendant was stopped for cutting off a police officer and driving onto the sidewalk. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. On the one leg stand the defendant dropped his foot 4 times. On the walk and turn he failed to walk on the line. He was arrested for DUI and blew a .111 in the breath machine.
Based on the exclusion of the breath and the lack of credibility of the officer, the State dropped the DUI.
Sep 5, 2006 Case: 05-002523MM10A Judge Robinson
The defendant was stopped for running a red light and drifting from side to side within his lane. According to the reports, the defendant did not stop and the officer had to activate his siren to get the defendant's attention. Once the defendant finally stopped, the officer noticed an odor of alcohol, a flushed face, and slurred speech. A DUI task force officer was called to conduct a DUI investigation. He made similar DUI observations in addition to observing blood-shot eyes on the defendant and that he appeared to be very slow in his movements. The defendant refused to perform the roadside tasks and he refused the breath test.
Just minutes before picking a jury on the case, the State dropped the DUI.
Sep 1, 2006 Case: 500639-W Judge Mills-Francis
The defendant was stopped for running a red light but continued to drive for four blocks after the officer put his lights on. When the officer approached the car, the defendant tightened his fists and took a defensive fighting stance. The officer observed an odor of alcohol and bloodshot eyes. The defendant's speech was slurred and his clothing was soiled. He was arrested for DUI and resisting without violence.
On the day of trial the state dropped both the DUI as well as the resisting without violence.
Sep 1, 2006 Case: 377455-W Judge McWhorter
The officer observed the defendant passed out in a vehicle with the engine running. He attempted to wake up the defendant but there was no response. After banging on the window he eventually woke up. When the door opened, the officers noticed an overwhelming odor of alcohol. The defendant lost his balance when he exited the car. As he spoke with the officers he was barely understandable. The officers also found marijuana in the car. After placing the defendant under arrest for DUI and possession of marijuana he told the officers that when he got out of jail he would hunt them down.
The state conceded the motion to suppress and dropped both the DUI and marijuana charges.
Sep 1, 2006 Case: 297129-X Judge Krieger-Martin
The defendant was stopped for drifting from lane to lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant was unsteady when he exited the vehicle. The officer asked the defendant to perform field sobriety tests. His response was "just take me to jail." He was arrested for DUI.
Rather than put the officer on the stand, the state dropped the DUI.
Sep 1, 2006 Case: 4605-CT-002924-A Judge Grinsted
The defendant was stopped for speeding. Once stopped, the officer observed slurred speech, an odor of alcohol, and a flushed face. He was unsteady as he exited the truck and he was swaying. The defendant refused the roadside tests and the breath test.
The State dropped the DUI.
Aug 31, 2006 Case: 468481-W Judge Lindsey
The defendant was involved in a crash in which he side-swiped another vehicle. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. While speaking with the officers, the defendant fell over into the grass area and needed support to stand. He performed poorly on all roadside tests and refused the breath test. He admitted to drinking vodka drinks. This was the defendant's second offense.
The State DROPPED THE DUI.
Aug 31, 2006 Case: 06-CT-005990 NC Judge Galen
The defendant was located by paramedics unconcious in his vehicle with the engine running blocking the roadway. The paramedics took the keys to the car prior the police arriving on scene. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed all roadside tests poorly. For example, on the one leg stand, he was so unsteady, the test had to be stopped for his safety. On the alphabet test, he could not state the alphabet in a correct manner. The defendant blew a .212 in the breath machine after his arrest for DUI.
The Judge granted the motion and threw out all the evidence. The DUI was dismissed.
Aug 22, 2006 Case: 06-CT-501645 Judge Dommerich
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred, and blood-shot eyes. The defendant had an open beer in his car. He performed poorly of roadside tests and staggered as he walked. The defendant blew a .153 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Aug 21, 2006 Case: 05-025450MM10A Judge Murphy
The defendant was stopped for driving over 100 miles per hour in a 35 mile per hour zone. The officers detected a "strange" odor from the defendant's breath, a dazed look, and slow motor movements. A DUI officer was called to the scene and the defendant agreed to perform field sobriety tests. On the walk and turn exercise, the defendant stepped off the line, paused to regain balance, and did not turn properly as instructed. On the finger to nose, the defendant hardly ever touched the tip of her nose and did not use the tip of her finger. The defendant refused both a breath and urine test.
On the morning of trial, the State DROPPED THE DUI.
Aug 14, 2006 Case: 05-014210MM10A Judge Zack
The defendant was stopped for driving 70-mph in a 45-mph zone. The officer noticed a strong odor of alcohol, bloodshot eyes and extremely slurred speech. The officer called for a DUI task force member. The DUI officer responded and made the same observations. He had the defendant perform field sobriety tests. On video the defendant was unable to perform any of the tests because he was clearly impaired. He was arrested for DUI and blew a .151 in the breath machine.
The motion was granted and the State dropped the DUI.
Aug 9, 2006 Case: 04-025288MM10A Judge Lazarus
The defendant was stopped for driving without headlights, weaving, and running a red light. The officer observed an odor of alcohol and a bottle of whiskey in the car. The defendant stumbled when he exited the car and leaned against the rear of the vehicle for support. He performed poorly on roadside tests. For example, on the one leg stand, he raised his arms for balance and could not keep his leg up past the number six. The defendant was arrested for DUI and blew a .107 in the breath machine after his arrest for DUI.
The State dropped the DUI.
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.
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