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DUI Wins

Our Recent Victories

Feb 6, 2008 Case: 5378-XDL Judge Krieger-Martin
The defendant was stopped at a roadblock sobriety checkpoint in the City of Miami. A South Miami officer working the check point noticed an odor of alcohol and bloodshot watery eyes. The defendant was asked to perform the field sobriety tasks and he complied. On the one leg stand, he put his foot down three times and on the walk and turn test, he took fifteen steps up the line instead of the nine as instructed and ten back. He also stepped off the line two times. After his arrest for DUI by the South Miami officer, he refused the breath test.
On the morning of trial, the STATE DROPPED THE DUI.
Jan 31, 2008 Case: 05-006867TCA04 (JURY TRIAL) Judge Corlew
The defendant was stopped for heavily accelerating from a stopped position in a highly concentrated pedestrian area, speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, slow/mumbled/slurred speech, and poor comprehension. Furthermore, the defendant admitted to drinking two beers, appeared unstable, and had to use the trunk for balance. The defendant refused to do the roadside tasks. Prior to being placed under arrest, he stated he was going home and started to walk away from the officer until he was grabbed and cuffed. After his arrest for DUI, he refused the breath test. This was the defendant's THIRD OFFENSE within a ten year period.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Jan 29, 2008 Case: 07-CT-025493AXX (JURY TRIAL) Judge Johnson
The defendant was stopped for weaving and driving on the lane markers. The officer noticed slurred speech, bloodshot eyes, and large pupils. Believing the defendant was impaired by something, the officer called for a DUI unit. When the DUI unit arrived, she observed an odor of alcohol, slurred speech, a dazed look, and he was unsteady exiting the truck. The defendant also seemed confused by very simple questions according to the officer. The defendant then refused to perform the roadside tasks and subsequently refused the breath test after his arrest for DUI.
After the State rested their case, the defense moved for a judgment of acquittal. (i.e. moved to dismiss the case). The defense argued that the State had not proven the first element of DUI. (i.e. that the defendant was driving or in actual physical control). We argued that since the stopping officer could not ID the defendant as the driver, no one could testify where the keys were located, and the arresting officer never testified that the defendant was in the driver's seat, the State had not met its preliminary burden. THE CASE WAS DISMISSED IN THE MIDDLE OF JURY TRIAL.
Jan 28, 2008 Case: 07-006084MM10A Judge Ireland
The defendant was stopped for weaving on the roadway almost striking a police car. The officer approached the window and observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, she had to be held up by the officer. She couldn't maintain her balance on the walk and turn test. She refused to complete the one leg stand and was arrested for DUI.
The state dropped the DUI on the morning of trial.
Jan 17, 2008 Case: CT-004104-XAM (JURY TRIAL) Judge Barber
The defendant was stopped by the police when the officer observed the defendant's truck to have front end damage, the hood up, and no lights. The defendant had just been involved in a crash just prior to the stop. The crash was never investigated. The officer smelled an odor of alcohol and called for a DUI task force officer. The DUI officer smelled alcohol, observed the defendant swaying and having bloodshot eyes. He also admitted drinking three beers. The defendant refused the roadside tasks and was arrested for DUI. After his arrest, the defendant agreed to submit to a breath test. He blew several times into the breath machine with breath alcohol levels ranging from a .149 to as high a .174.
AFTER SELECTING A JURY FOR THE CASE, THE STATE DROPPED THE DUI.
Jan 12, 2008 Case: 9412-XEC Judge Arzola
The defendant was stopped for weaving and driving without headlights. Upon approaching the car the officer noticed bloodshot eyes, slurred speech and a strong odor of alcohol on her breath. The defendant was asked to step out of the vehicle and was she was unsteady on her feet. The defendant was asked to perform several field sobriety tests. On the walk and turn test she failed to walk on the line and never touched heel to toe. On the one leg stand test she placed her foot down two times. On the finger to nose test she failed to touch her nose 5 out of 6 times. She was arrested for DUI.
THE STATE DROPPED THE DUI ON THE MORNING OF TRIAL.
Jan 12, 2008 Case: CT-009097-XAM Judge Thomas
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred/thick tongued speech, and glassy eyes. According to the officer, the defendant fumbled while looking for his license and was unsteady while standing outside of the car. He then performed the walk and turn and one leg stand tests. For example, on the walk and turn, the defendant did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down and swayed. An open bottle of Coors light was found in the car. The whole incident was captured on video. After his arrest for DUI, he refused the breath test.
THE STATE DROPPED THE DUI PRIOR TO TRIAL.
Jan 4, 2008 Case: 2007-CT-020780AXX (JURY TRIAL) Judge Eissey
The defendant was stopped for speeding and weaving. The officer who made the traffic stop, observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then called for a DUI task force officer to conduct a DUI investigation. When the DUI officer arrived, he made similar observations. Further, he also noticed the defendant swaying while standing and walking with balance problems. The defendant agreed to perform the HGN (eye test) then refused any further field sobriety testing and the breath test. He also admitted to drinking four beers. This was the defendant's SECOND DUI and his prior DUI was a Felony DUI with Serious Bodily Injury.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Jan 4, 2008 Case: 07-CT-1828-XCM Judge Conrad
The defendant was stopped for fleeing the police. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused to perform any sobriety tests and was arrested for DUI.
The State dropped the DUI.
Jan 4, 2008 Case: 07-CT-1702-XCM Judge Conrad
The defendant was stopped for backing up against traffic and almost striking another vehicle. The officer observed an odor of alcohol and bloodshot watery eyes. On the walk and turn test she failed to touch heel to toe. On the one leg stand she hopped during the test. On the finger to nose, she failed to touch the tip of her finger to the tip of her nose. She was arrested for DUI and blew a .125 in the breath machine.
The State dropped the DUI.
Jan 2, 2008 Case: 2005CT016686 (JURY TRIAL) Judge Boyleston
The defendant was stopped for driving eastbound in the westbound lanes and driving onto the grass. The officer observed an odor of alcohol, and the defendant admitted to drinking 4 drinks. His eyes were also glassy and dilated. The defendant performed the one leg stand, walk and turn and finger to nose test. He was subsequently arrested for DUI and blew a .096 in the breath machine.
The State subsequently dropped the DUI.
Dec 20, 2007 Case: 2007-CT-031099AXX Judge Johnson
The defendant was involved in a traffic crash. The officer who arrived first, observed the defendant to be passed out behind the wheel. When the defendant awoke, the officer observed red eyes, slurred/slow speech and confusion. The officer attempted roadside tasks, but the defendant kept falling asleep. For safety reasons, no tests were conducted. The defendant was arrested based on the officer's belief he was impaired by a chemical and/or controlled substance.
THE DUI WAS DISMISSED.
Dec 13, 2007 Case: 07-CT-003861-XAM Judge Conrad
The defendant was stopped for weaving and braking for no reason. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking four beers. On video, the defendant performed the walk and turn and one leg stand tests. According to the officer, he performed poorly and was arrested for DUI. After his arrest, he blew a .110 in the breath machine.
THE STATE DROPPED THE DUI PRIOR TO TRIAL.
Dec 13, 2007 Case: 07-007313MM10A Judge Seidman
The defendant was stopped for speeding and drifting between two lanes. After the officer activated his overhead lights, the defendant continued driving for another 6 blocks. The officer observed an odor of alcohol, bloodshot eyes and mumbled speech. He performed the HGN (eye test), walk and turn test and the one leg stand. Based on his performance on the field sobriety tests he was arrested for DUI.
The State dropped the DUI.
Dec 11, 2007 Case: 3043-XDH Judge Krieger-Martin
The defendant was stopped for weaving and almost striking 2 different vehicles. The officer noticed a strong odor of alcohol, bloodshot/watery eyes and slurred speech. The defendant allegedly held onto the door for balance as he exited the car. He then performed the walk and turn test, and the one leg stand. He was subsequently arrested for DUI and blew a .168 in the breath machine.
The State dropped the DUI on the morning of trial.
Dec 3, 2007 Case: 489176-X (JURY TRIAL) Judge Lindsey
The defendant was stopped for driving on the center lane marker and constantly hitting his brakes for no reason. Once stopped, the officer observed an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. The defendant failed the field sobriety tests at the scene. For example, on the walk and turn, he stepped off the line, turned incorrectly, and did not touch heel to toe. On the one-leg stand, he swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .082 in the breath machine.
The Jury found the defendant NOT GUILTY.
Dec 3, 2007 Case: CT-001385-XCG Judge Conrad
The defendant was stopped for being involved in an accident. Prior to stopping the defendant, the officer noticed a heavily damaged vehicle. The officer observed an odor of alcohol, bloodshot eyes and extremely slurred speech. Also, he was very unstable on his feet. All of the observations were captured on video. The defendant refused all testing and was arrested for DUI. In the police car he continuously banged his head against the cage. He was eventually hogtied for his safety.
At the motion to dismiss, the State dropped the DUI.
Dec 2, 2007 Case: 06-CT-1319-XCG Judge Lefler
The defendant was stopped for speeding and drifting from lane to lane. The officer observed an odor of alcohol and bloodshot, glassy eyes. A DUI unit was called to the scene and that officer made similar observations. The defendant performed field sobriety exercises on video tape at the scene. In the officer's reports, he wrote that she failed all the tests including the walk and turn, one leg stand, finger to nose, and rhomberg balance exercise. The defendant refused the breath test after her arrest for DUI.
The State dropped the DUI.
Nov 30, 2007 Case: 2006-CT-003913AXX Judge Bosso-Pardo
The defendant was stopped for driving off the roadway and speeding. The initial officer observed an odor of alcohol and then called for a DUI unit. The DUI officer observed an odor of alcohol, thick tongued speech, and unsteadiness exiting the car. The defendant refused to perform the field sobriety tests, however, blew a .113 in the breath machine after the arrest for DUI.
THE STATE DROPPED THE DUI.
Nov 19, 2007 Case: 384638-W Judge Newman
The defendant was involved in a car accident whereby he sideswiped another car. Upon arrival, the officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having four beers and had difficulty standing. The defendant was unable to perform any roadside tasks due to his condition. After his arrest for DUI, he blew a .164 in the breath machine.
THE STATE DROPPED THE DUI.
Nov 19, 2007 Case: 3068-XDH Judge Newman
The defendant was observed by the police nearly striking a pedestrian crossing the street after running a red light. The officer noticed an odor of alcohol, slurred speech and a flushed face. The defendant admitted to drinking two cups of wine. He performed poorly on the field sobriety tasks and then refused the breath test. The defendant was very insulting towards the arresting officer during the entire investigation.
ON THE MORNING OF TRIAL, THE DUI WAS DISMISSED.
Nov 19, 2007 Case: 2749-XDP Judge Krieger-Martin
The defendant backed her car into an un-marked police truck outside a bar which caused damage to both vehicles. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She refused the roadside tests as well as the breath test.
THE STATE DROPPED THE DUI ON THE MORNING OF TRIAL.
Nov 16, 2007 Case: 07-001276MM10A Judge Pollack
The defendant was involved in a hit and run accident. The officer who stopped the defendant observed an odor of alcohol, slurred speech, and she was swaying from side to side. The DUI task force officer conducted the following field sobriety tests. On the walk and turn test, she lost her balance during the instructional stance and stepped off the line. On the finger to nose exercise, she failed to keep her eyes closed and was swaying. She refused to perform the one leg stand. The defendant was arrested and blew a .124 in the breath machine.
The State dropped the DUI.
Nov 15, 2007 Case: TT07-4697-BA Judge Green
The defendant was involved in a crash in which he was ejected from the vehicle and landed seventy feet away from car. When the officer arrived, the defendant was being treated by medical personnel. The officer observed an odor of alcohol, mood swings, and the defendant was combative. At the scene, the defendant stated his friend was driving. At the hospital, he then admitted to being the driver involved in the crash. Medical blood was drawn from the defendant at the hospital.
Prior to the motion hearing, the State stipulated to the motion to exclude the statements. Thus, the State could not prove the defendant was the driver of the car without the statements. THE STATE THEN DROPPED THE DUI.
Nov 15, 2007 Case: 06-009480CF10A Judge Kaplan
The defendant was stopped for swerving all over the road almost causing several accidents. The officer observed a strong odor of alcohol, bloodshot eyes and flushed face. When he exited the car, the officer noticed that he was swaying from side to side. The DUI officer arrived and asked the defendant to perform field sobriety tests. On the walk and turn test, the defendant failed to walk heel to toe, and was off the line on every step. On the one leg stand the defendant placed his foot down several times. On the finger to nose test, he used the wrong hand and never touched his nose. The defendant was charged with 4th offense felony DUI.
Motion Granted. Case Dismissed.
Nov 14, 2007 Case: 07-CT-000600ASB Judge Damico
The defendant was stopped for running a red light. The officer observed slightly slurred speech, an odor of alcohol, bloodshot eyes, and a dazed look upon his face. The defendant stated he drank two Jack Daniels cocktails. The defendant performed poorly on field sobriety tasks according to the officer. After his arrest for DUI, he blew a .101 in the breath machine.
THE STATE DROPPED THE DUI.
Nov 12, 2007 Case: 05-036889TCA08 (JURY TRIAL) Judge Cohen
The defendant was stopped for weaving and changing speeds for almost three miles. The officer observed an odor of alcohol, slurred speech, and a sway to his stance when he was out of the car. The defendant refused roadsides and appeared to be disoriented. During the officer's time with the defendant, he appeared to be paranoid and delusional. He was talking about conspiracy theories, cops stealing his identity and car, and buried weapons. The defendant admitted coming from a bar and after his arrest for DUI refused the breath test.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Nov 10, 2007 Case: 07-000245MM10A Judge Diaz
The defendant was stopped for allegedly drifting and failing to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI task force officer to conduct the criminal investigation. After field sobriety tests, the officer arrested the defendant for DUI. He blew a .204 in the breath machine. This was his 2nd offense for DUI.
The State dropped the DUI.
Nov 10, 2007 Case: 07-000349MM10A Judge Ireland
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer completed field sobriety tests and arrested the defendant for DUI. A urine test revealed cocaine, cannabis, xanax and benzodiazepam.
The State dropped the DUI just prior to the motions being argued.
Nov 9, 2007 Case: 07-CT-003435-XAM Judge Conrad
The defendant was stopped for weaving and following vehicles too closely. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant performed the roadside tasks which were captured on video. On the walk and turn test, he took an incorrect number of steps and appeared wobbly. On the one leg stand, he hopped numerous times. After his arrest for DUI, he refused the breath test.
The State dropped the DUI.
Nov 9, 2007 Case: 07-CT-005667-XDN Judge Conrad
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on field sobriety exercises according to the officer which were video taped. This was the defendant's second DUI and he refused the breath test.
Prior to trial, the STATE DROPPED THE DUI.
Nov 7, 2007 Case: 05-16960MM10A (JURY TRIAL) Judge Diaz
The defendant was sleeping in the middle of the road. A car slammed into the defendant from behind. Two independent witnesses identified the defendant as the driver of the car. The Trooper observed an odor of alcohol and a flushed face. The defendant was unconscious and the Trooper took his blood. The defendant had a blood alcohol level of .218 (almost 3 times the legal limit). He was charged with DUI causing property damage.
The case was DISMISSED in the middle of jury trial.
Nov 5, 2007 Case: 06CT029008ASB Judge Eissey
The defendant was stopped for swerving on the road almost hitting the investigating officer. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to having a few drinks. The defendant refused all testing and was arrested for DUI.
The DUI was dismissed.
Nov 4, 2007 Case: TT-06-007204 (JURY TRIAL) Judge Harlan
The defendant was stopped for speeding, swerving, and making wide turns. The initial officer observed an odor of alcohol, extremely slurred speech, and blood-shot eyes. A DUI officer was called to conduct an investigation. He made similar observations in addition to seeing the defendant being unsteady exiting the car. The defendant performed poorly on the roadside tasks, admitted to having 4-5 beers, and feeling under the influence of alcohol. He refused the breath test after the DUI arrest.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Oct 23, 2007 Case: 07-CT-002699AXX Judge Corlew
The defendant was stopped for driving at a high rate of speed and squealing his tires. The officer detected an odor of alcohol, slurred speech and bloodshot eyes. The defendant agreed to perform the field sobriety tests. On the walk and turn test he was unable to walk a straight line and failed to walk heel to toe. On the one leg stand he dropped his foot several times. He was arrested for DUI and blew a .149 in the breath machine.
The motion was granted. The DUI was Dismissed.
Oct 23, 2007 Case: 05-023919MM10A Judge Diaz
The defendant was parked on the sidewalk, with the keys in the ignition and the engine running. The officer stated that when he approached the car the defendant was eating. The officer observed an odor of alcohol and bloodshot eyes. Additionally, he was unsteady as he exited the car. He then told the officer that he was coming home from "hooters" and consumed a pitcher of beer. The defendant advised that he had a back injury and would try his best on the sobriety tests. He performed the eye test (HGN), and was arrested for DUI. This was his 3rd DUI. It would have been his 4th DUI, but the firm had his previous DUI dismissed.
The State dropped the DUI on the morning of trial.
Oct 22, 2007 Case: 6645-XDL Judge Krieger-Martin
The defendant was observed asleep in a vehicle with the keys in the ignition and the engine running. He was unsteady as he exited the car. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He also allegedly stated "I screwed up. I know I'm tipsy." He performed the field sobriety tests and was arrested for DUI.
The State dropped the DUI.
Oct 22, 2007 Case: 8825-XCM Judge Bloom
The defendant was the "at fault" driver in a car crash. The officer observed poor balance, bloodshot eyes, and a strong odor of alcohol. The defendant allegedly failed the sobriety tests and was arrested for DUI.
The State dropped the DUI on the morning of trial.
Oct 22, 2007 Case: 07-2659MM10A Judge Robinson
The defendant was stopped for driving through a construction barricade with workers present. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed the field sobriety tests and was arrested for DUI. While waiting for the tow truck the defendant vomited on himself.
The State dropped the DUI.
Oct 22, 2007 Case: 2744-XDP Judge Arzola
The defendant was stopped for various traffic infractions. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly failed the walk and turn and one leg stand tests. He was arrested for DUI. This was his 2nd DUI.
The State dropped the DUI on the morning of trial.
Oct 18, 2007 Case: 06-002650MM10A Judge Lazarus
The defendant was stopped for driving 104 mph in a 65 mph zone. The deputy observed a 12 pack of bud light in the car. He then observed an odor of alcohol, bloodshot eyes and a flushed face. Because of his age he provided a portable breath test at the scene which resulted in a .228 breath alcohol level. He was subsequently arrested for DUI.
The State dropped the DUI.
Oct 18, 2007 Case: 06-020771MM10A Judge Robinson
The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, swaying, bloodshot eyes as well as slurred speech. On the one leg stand, she failed to keep her foot off the ground several times. She was arrested for DUI and blew a .158 in the breath machine.
The State dropped the DUI.
Oct 18, 2007 Case: 2006CT2441A1 Judge Aikens
The defendant was stopped for failure to yield, almost causing an accident. The officer observed a strong odor of alcohol on her breath, bloodshot eyes, slurred speech and she fumbled for her license. In addition, she almost fell as she exited the car. On the walk and turn test, she was unable to stand heel to toe. She also failed to walk in a straight line. On the one leg stand she could not keep her foot off the ground. She was arrested for DUI and blew a .247 in the breath machine.
Both motions were granted and the DUI was dropped.
Oct 15, 2007 Case: 6364-XDL Judge Krieger-Martin
The defendant was stopped for driving the wrong way towards oncoming traffic. The Officer observed an odor of alcohol, bloodshot eyes and slurred speech. On the walk and turn test the defendant stepped off the line 5 times. On the one leg stand he dropped his foot 3 times. He was arrested for DUI and blew a .111 in the breath machine.
The State dropped the DUI.
Oct 15, 2007 Case: 07-CT-1291-XDR Judge Rice
The defendant was stopped for failing to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. She refused field sobriety tests and was arrested for DUI. She then vomited in the police car.
The State dropped the DUI.
Oct 15, 2007 Case: 8623-XCM Judge Ortiz
The defendant was stopped for reckless driving and fleeing and eluding a police officer. The officer observed a strong odor of alcohol, flushed face, bloodshot eyes and slurred speech. On the finger to nose test, he failed to touch the tip of his nose 5 times. On the walk and turn test he failed to maintain a straight line. On the one leg stand he dropped his foot several times. He was arrested for DUI and blew a .191 in the breath machine.
The State dropped the DUI.
Oct 12, 2007 Case: 377596-W Judge Mills-Francis
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed glassy red eyes, an odor of alcohol and slurred speech. He also admitted to consuming 3-4 drinks. The defendant performed poorly on the one leg stand, walk and turn as well as the finger to nose test. He was subsequently arrested for DUI. This was his second arrest for DUI. However, the firm had both cases dismissed.
The DUI was Dismissed.
Oct 10, 2007 Case: 06-012891MM10A (JURY TRIAL) Judge Ireland
The defendant was stopped for speeding and running a red light. The officer observed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant also fumbled for his driver's license when asked to produce it by the officer. The defendant performed the one leg stand, walk and turn, and HGN tests (eye test) on video. After his arrest for DUI, he blew a .13 in the breath machine.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Oct 9, 2007 Case: 06-019749MM10A Judge Ireland
The defendant was stopped for driving with an unlawful tint. The officer observed an odor of marijuana, bloodshot eyes and a flushed face. In the ashtray of the car the officer found a burnt "roach". During a conversation with the defendant the deputy observed slow speech and lethargic movements. The defendant performed the one leg stand and walk and turn test and was subsequently arrested for DUI. His urine tested positive for marijuana.
The State dropped the DUI.
Oct 9, 2007 Case: 3095-XDH Judge Newman
The defendant was stopped for weaving 9 separate times on the roadway while speeding. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant allegedly performed poorly on all roadsides and was arrested for DUI. The defendant blew a .139 in the breath machine.
The State dropped the DUI on the morning of trial.
Oct 9, 2007 Case: 8656-XCM Judge Ortiz
The defendant was allegedly involved in a crash. The officer observed an odor of alcohol, unsteady balance and raspy speech. The defendant admitted to having a few drinks. After the one leg stand, walk and turn, and finger to nose test, the defendant was arrested for DUI.
The State dropped the DUI.
Oct 7, 2007 Case: 06-013244MM10A Judge Diaz
The defendant was stopped for leaving the scene of an accident. An off-duty officer saw the defendant exit the car and flee on foot. After the defendant was stopped, the officer observed an odor of alcohol, bloodshot and dilated eyes, flushed face and slurred speech. When the officer asked him to perform the field sobriety tests he noticed that the defendant was completely unsteady on his feet. The defendant was arrested for DUI and charged with leaving the scene of an accident as well. This was his 3rd DUI.
The State dropped the DUI.
Oct 5, 2007 Case: 2006-CT-4663 Judge Yerman
The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, unsteadiness, and blood-shot eyes. The defendant admitted to drinking two draft beers. The defendant performed roadside tasks at the scene on video. For example, he did the walk and turn where he did not touch heel to toe, incorrectly turned, and walked back on the grass stepping off the line away from the gravel. On the one leg stand, the defendant lost his balance by putting his foot down and using his arms for balance. On the finger to nose, he did not touch the tip of his nose and on almost every attempt. The defendant was arrested for DUI and blew a .125 in the breath machine. At the station, the walk and turn and finger to nose were conducted again by the breath tech officer on video tape.
The State dropped the DUI.
Oct 5, 2007 Case: 07-CT-005604-XDN Judge Rice
The defendant was stopped after traveling through a grass ditch and hitting a wood fence. He then began to drive on a flat tire prior to being stopped. The defendant had an odor of alcohol, blood-shot eyes, and admitted drinking two beers and two shots of tequila. He also admitted taking vicadin that night for pain. On video, the defendant performed the walk and turn and one leg stand tests. The defendant could not perform the one leg stand as he put his foot down several times, swayed, and used his arms for balance. After his arrest for DUI, the defendant refused the breath test. The defendant was also charged with leaving the scene of an accident.
Due to the conflicts in the evidence pointed out by the defense, the State DROPPED THE DUI. Further, the defendant received NO CONVICTION for the Leaving the Scene of the Accident Charge.
Oct 4, 2007 Case: 06-1343MM10A Judge Ireland
The defendant was stopped for driving 104 mph and swerving on the road. The officer observed a strong odor of alcohol, glassy bloodshot eyes, slurred speech and a flushed face. The officer also observed a case of Coors light on the floor of the vehicle. The defendant agreed to perform the eye test, and then refused to continue. He was subsequently arrested for DUI.
The State dropped the DUI.
Sep 27, 2007 Case: 48-2007CT003590-O Judge Shoemaker
The defendant was stopped for causing an accident in a parking lot. The officer observed an odor of alcohol, bloodshot eyes and thick speech. The defendant was noticeably swaying from side to side. On the finger to nose test he touched above the tip of his nose several times. On the balance test he was swaying side to side. He was subsequently arrested for DUI.
The State dropped the DUI on the morning of trial.
Sep 25, 2007 Case: 07-CT-502372 Judge Hayes
The defendant was stopped by the police for driving in the wrong direction of travel on I-75. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tasks according to the officer's reports. She refused the breath test after her arrest for DUI.
The State dropped the DUI.
Sep 24, 2007 Case: 266886-X Judge Bloom
The defendant was involved in a traffic crash. During the crash investigation the officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant performed the one leg stand, walk and turn test and HGN (eye test), and was subsequently arrested for DUI. He blew a .215 in the breath machine.
The State dropped the DUI.
Sep 18, 2007 Case: 2007CT701 Judge Skidmore
The defendant was involved in a hit and run accident. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. He also observed unsteadiness throughout the investigation. He was arrested for DUI and blew a .196 in the breath machine.
The State dropped the DUI.
Sep 17, 2007 Case: 489508-X Judge Bloom
The defendant was stopped for driving through a red light. The officer observed a strong odor of alcohol, bloodshot eyes, and slurred speech. On the walk and turn test the defendant allegedly stepped off the line and failed to walk heel to toe. On the one leg stand he allegedly placed his foot down several times. He was arrested for DUI. This was his second offense for DUI.
The State dropped the DUI on the morning of trial.
Sep 14, 2007 Case: 312007MM2081A Judge Morgan
The defendant was stopped for allegedly soliciting women for prostitution. Upon contact with the defendant, the officer observed an odor of alcohol, bloodshot eyes and unsteadiness. The defendant agreed to perform field sobriety tests and was subsequently arrested for DUI. He blew a .227 (nearly 3 times the legal limit) in the breath machine. A search of the vehicle revealed marijuana.
The State conceded the motion and Dismissed the case.
Sep 13, 2007 Case: 2007CT1868 Judge Singer
The defendant was stopped for driving on the wrong side of the road almost striking another vehicle. The officer stopped the defendant and observed a case of beer in the car. He then observed a strong odor of alcohol, bloodshot eyes, flushed face and a low raspy voice. The defendant was unsteady exiting the car and staggered when he walked. He performed the eye test (HGN), walk and turn test and one leg stand and was arrested for DUI. He blew a .155 in the breath machine.
The motion was granted and the case was Dismissed.
Sep 10, 2007 Case: 489816-X Judge Krieger-Martin
The defendant was stopped for weaving and striking the curb. The defendant allegedly stated that he had been drinking and threw up on himself. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. He allegedly failed the field sobriety tests and was arrested for DUI. He then blew a .171 in the breath machine.
The State dropped the DUI on the morning of trial.
Sep 7, 2007 Case: 291603-X Judge Bloom
The defendant was stopped for making an illegal left turn. The officers noticed an odor of alcohol, slurred speech, and the defendant leaned on his car for balance. On the walk and turn test, the defendant stepped off the line and raised his arms for balance. On the one leg stand test, the defendant put his foot down four times. The defendant refused the breath test after his arrest for DUI.
On the morning of jury trial, the State DROPPED the DUI.
Sep 7, 2007 Case: 9958-EGB Judge Mills-Francis
The defendant was stopped for running a red light. The officer's noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. The officer's concluded the defendant was impaired by some type of drug, not alcohol, after the investigation was completed. A DRE exam was conducted by a Drug Recognition Expert (DRE) who concluded that the defendant was impaired by a Central Nervous System (CNS) Stimulant and/or Depressant.
The DUI was dismissed.
Sep 5, 2007 Case: 05-024116MM10A Judge Pollack
The defendant was stopped for weaving on the roadway and following too closely. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. The defendant performed and failed the field sobriety tests on video. He was subsequently arrested for DUI. At the breath testing facility he blew a .095.
The motion to exclude the field sobriety tests was granted. It should be noted that the officer in this case transferred to a different department outside of the county. He traveled to this jurisdiction for three of the firms cases. The firm successfully defended all three cases.
Sep 5, 2007 Case: 06-CT-035100ASB Judge Damico
The defendant was involved in a rear-end crash. The officers observed an odor of alcohol, very slurred speech, slow dexterity, and poor balance. The defendant could not even answer basic questions. The defendant performed poorly on roadside tests as she could not even follow any instructions that were given by the officer. After her arrest for DUI, she blew a .265 in the breath machine.
Due to the officer's lack of credibility stemming from this investigation, the State DISMISSED THE DUI CHARGES.
Sep 4, 2007 Case: 489198-X Judge Miranda
The defendant was stopped by police after she fled the scene of a traffic crash. Once the officer's stopped her car, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted drinking vodka and red bull. She performed poorly on roadside tests. For example, on the one leg stand, she put her foot down numerous times and on the walk and turn, she stepped off the line, missed heel to toe every time, and took an incorrect number of steps. After the arrest for DUI, she refused the breath test. The defendant was also charged with leaving the scene of an accident.
On the morning of trial, the DUI was DISMISSED.
Sep 3, 2007 Case: 48-1993-CT-097155-0 Judge Ansbro
The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech and swaying. He failed all roadside tests. For example, on the walk and turn, he stepped off the line numerous times and could not even do the one leg stand without almost falling over. The defendant refused the breath test.
THE STATE DISMISSED THE DUI.
Aug 30, 2007 Case: 03-4306CTMA Judge Hauversburk
The defendant was stopped for continuously weaving. The defendant did not stop for over a mile when the officer turned on his lights. The officer observed an odor of alcohol, bloodshot eyes, and he was slow getting out of the car. The defendant performed poorly on roadside tasks which were not video taped. For example, on the one leg stand, he put his foot down and stated he could not do it. On the walk and turn, he used his arms for balance and stepped off the line numerous times. The defendant also stated he had a few beers. Furthermore, he could not say the alphabet properly during that test. After his arrest for DUI, he refused the breath test.
The State dropped the DUI.
Aug 29, 2007 Case: 07-005710MM10A Judge Cowart
The defendant was stopped for speeding. The officers observed a strong odor of alcohol and bloodshot eyes. The defendant performed the eye test (HGN), one leg stand, walk and turn, finger to nose and rhomberg balance test. On video he failed each of the sobriety tests and was arrested for DUI. He blew a .147 in the breath machine.
Motion granted. All field sobriety tests are excluded.
Aug 27, 2007 Case: 286568-X Judge Miranda
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn test, he stepped off the line five times, did not touch heel to toe, and paused to regain his balance. On the one leg stand exercise, he put his foot down five times and swayed. After his arrest for DUI, he refused the breath test.
The DUI was DISMISSED on Statute of Limitations Grounds.
Aug 27, 2007 Case: 6367-XDL Judge Newman
The defendant was stopped for running a red light. The officers observed an odor of alcohol, slurred sepeech, and the defendant layed back in his car and fell asleep while talking to the officer. The defendant performed poorly on roadside tests and then refused the breath test.
THE DUI WAS DISMISSED due to the discovery violations by the State.
Aug 27, 2007 Case: 07-CT-004065-XAM Judge Lefler
The defendant was stopped for speeding. The officer observed an odor of alcohol and blood shot eyes. Also, there were empty beer cans in the defendant's car. The defendant refused all roadside tests and the breath test.
The State dropped the DUI.
Aug 27, 2007 Case: 07-CT-3082-XCM Judge Rice
The defendant was stopped for touching the lane markers two times which was captured on video over a lengthy time period. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She performed very poorly on roadside tests which were also captured on tape. The defendant blew a .142 in the breath machine after her arrest for DUI.
THE JUDGE GRANTED THE MOTION AND THE DUI WAS DISMISSED.
Aug 20, 2007 Case: 07-CT-008578ASB Judge Eissey
The defendant was found in his car with a broken bumper and a torn off tire. The officer observed an odor of alcohol, slurred speech, and he appeared to be confused. The defendant stated he hit a curb while making a U-turn. He then performed poorly on roadside tests at the scene which were NOT video taped. He refused the breath test after his arrest for DUI.
Based on the specific facts presented at the hearing, the JUDGE GRANTED THE MOTION TO DISMISS THE DUI.
Aug 14, 2007 Case: CT-008726-XDK Judge Conrad
The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol and swaying. The defendant performed the roadside tests on video. On the walk an turn test, he lost his balance during the instructions, did not touch heel to toe, and turned improperly. On the one leg stand test, the defendant swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .138 in the breath machine.
The State dropped the DUI.
Aug 13, 2007 Case: 06-018256MM10A Judge Murphy
The defendant was stopped for running a red light. The deputy stated that the defendant failed to pull over for several blocks. The deputy observed a strong odor of alcohol, bloodshot eyes and a flushed face. A DUI task force officer arrived to conduct the investigation. On the eye test (HGN), the defendant exhibited signs of impairment indicating that he was above the legal limit. After performing the one leg stand as well as the walk and turn test he was arrested for DUI. He blew a .107 in the breath machine.
The State dropped the DUI on the morning of trial.
Aug 13, 2007 Case: 06-CT-5861-XDN Judge Courtney
The defendant was stopped for making a wide left turn, weaving, and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, the defendant didn't touch heel to toe, stepped off the line, and made an improper turn. After his arrest for DUI, he refused the breath test. The entire incident was captured on video on tape.
On the morning of trial, the State DROPPED THE DUI.
Aug 10, 2007 Case: 03-029662MM10A Judge Ireland
The defendant was stopped for weaving and driving off the road onto the grass. The officer observed dried vomit on the outside of the vehicle. In addition, the officer noticed an odor of alcohol, bloodshot eyes, as well as a beer on the center console. The defendant performed the field sobriety tests and was arrested for DUI. He later blew a .113 in the breath machine.
The motion was granted and the DUI was dropped.
Aug 10, 2007 Case: 07-CT-002612-XCM Judge Lefler
The defendant was stopped for speeding and slightly drifting over to the center lane marker. The officer observed an odor of alcohol and bloodshot/watery eyes. The defendant performed the walk and turn, one leg stand, and finger to nose tests on video tape at the scene. The officer concluded she was impaired and arrested her for DUI. She then refused the breath test.
On the morning of Jury Trial, the STATE DROPPED THE DUI.
Aug 5, 2007 Case: 2006CT2441A1 Judge Aikens
The defendant was stopped for almost crashing into the side of a vehicle and drifting all over the road. The officer observed a strong odor of alcohol, bloodshot eyes, and extremely slurred speech. In addition, the defendant was fumbling through her purse while looking for her license. During the field sobriety tests she actually fell down. She was subsequently arrested for DUI, and blew a .247 in the breath machine.
The Court granted the motion to suppress the field sobriety tests and has yet to rule on the breath motion.
Aug 1, 2007 Case: 038142-J Judge Krieger-Martin
The defendant was stopped for failing to maintain a single lane. The officer who made the stop, observed an odor of alcohol, slurred speech, and saw the defendant grab the door for support upon exiting the car. A DUI officer was called who gave the defendant field sobriety exercises. The defendant performed poorly and was arrested for DUI. Subsequent to the DUI arrest, the defendant blew a .110 in the breath machine.
The State dropped the DUI.
Jul 30, 2007 Case: 06-015523MM10A (JURY TRIAL) Judge Berman
The defendant was stopped for driving without headlights, going 90-100 miles per hour, and cutting off two cars. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. Upon exiting the car, the defendant used the car for support. The defendant allegedly stated he "was drunk" to the cop. The defendant refused to do the roadside tests and subsequently refused the breath test after his arrest for DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Jul 30, 2007 Case: 1554-XDK Judge Ortiz
The defendant was stopped for failing to maintain a single lane. The officer alleged in his report that the defendant was swerving several times. Once stopped, the initial officer observed an odor of alcohol and red eyes. He then called for a DUI investigator who made the similar observations plus slurred speech, a flushed face, and unsteadiness. The defendant stated he drank a few beers. He performed poorly on field sobriety tests and after his arrest for DUI blew a .120 in the breath machine.
ON THE MORNING OF JURY TRIAL, THE STATE DROPPED THE DUI.
Jul 27, 2007 Case: 06-002184MM10A Judge Diaz
The defendant was stopped for driving too fast for in a rain storm. When the officer attempted to stop the defendant, he continued driving for several blocks. The officer observed a strong odor of alcohol, bloodshot eyes, and a flushed face. He also testified in court that the defendant admitted to drinking. He then called for a DUI task force deputy. The deputy made the same observations and attempted to perform field sobriety tests. The deputy stated that the defendant could not follow a pen with his eyes. He was subsequently arrested for DUI and refusal to submit to a breath test. This was his third arrest for DUI, however, the firm represented him on his last DUI and had the charges dismissed.
The motion was granted and all of the evidence was thrown out.
Jul 23, 2007 Case: 05-1396MM10A Judge Gehl
The defendant was stopped for speeding. The officer stated that the defendant fell out of the car and onto the ground. The officer observed a strong odor of alcohol and bloodshot eyes. He offered the defendant field sobriety tests but he couldn't even stand up. He was arrested for DUI and taken to the police station for a breath test. At the police station he fell again and was taken to the hospital.
The State dropped the DUI on the morning of trial.
Jul 18, 2007 Case: 2007-MM-234-AP Judge Ptomey
The defendant was stopped for driving in the wrong lane of travel causing vehicles to run off the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech, red eyes, and slow comprehension. He admitted to drinking an unknown a amount of Vodka. Furthermore, the defendant refused the field sobriety tests and the breath test. Everything at the scene was captured on video.
The defendant was cited for DUI and another charge of reckless driving. The reckless charge was dismissed and the STATE DROPPED THE DUI.
Jul 11, 2007 Case: 04-017877MM10A Judge Gehl
The defendant was found to be the driver who was at fault in a traffic crash. The officer observed a strong odor of alcohol, blood shot eyes, and slurred speech. He performed poorly on roadside tasks. After his arrest for DUI, he blew a .16 in the breath machine. This was the defendant's second offense.
THE MOTION WAS GRANTED AND THE DUI WAS DISMISSED.
Jul 8, 2007 Case: 06-018472MM10A Judge Ross
The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant failed both the one leg stand and walk and turn test and was arrested for DUI. At the police station she provided a urine sample which tested positive for amphetamines.
The State dropped the DUI.
Jul 5, 2007 Case: 489707-X (JURY TRIAL) Judge Bloom
The defendant was initially seen by the arresting officer staggering down the street as she walked to her car with her boyfriend at the time. The officer then testified she started the car, leaned outside the vehicle, and began throwing up. The officer approached the defendant as she was finishing vomiting. He noticed an odor of alcohol, slurred speech, and blood-shot eyes. She performed poorly on roadside tests as she could not do anything correctly. After her arrest for DUI, she blew a .151 in the breath machine.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Jul 5, 2007 Case: 5499-XDL Judge Lindsey
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol and blood-shot eyes. A DUI officer was called out to conduct field sobriety exercises. The defendant performed the walk and turn test. In the officer's roadside report on the walk and turn, she did not touch heel to toe, raised her arms for balance, and did not turn correctly. On the one leg stand, she raised her arms for balance. The defendant was arrested for DUI and refused the breath test.
Due to the lack of credibility of the officer, the DUI was dismissed.
Jul 2, 2007 Case: 06-016191MM10A (JURY TRIAL) Judge Lazarus
The defendant was stopped for speeding. The officer observed an odor of alcohol, blood-shot eyes, slurred speech, and balance problems exiting the car. The defendant performed poorly on roadside tests and he refused the breath test.
The Jury found the defendant NOT GUILTY in seven minutes.
Jun 27, 2007 Case: 07-3951XDTWS-15 Judge Vandercar
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and a sway to his stance. The defendant admitted to drinking two beers. The defendant refused the roadside tests and the breath test.
THE STATE DROPPED THE DUI.
Jun 25, 2007 Case: 05-013006MM10A (JURY TRIAL) Judge Diaz
The defendant was observed passed out behind the wheel with the engine running. The officer observed a strong odor of alcohol and bloodshot eyes. The defendant also had a bottle of beer in his arms. The defendant failed both the one leg stand as well as the walk and turn test and was arrested for DUI. He blew a .183 in the breath machine. This was his 2nd DUI.
The State dropped the DUI after the jury was selected.
Jun 25, 2007 Case: 3726-FAB Judge Arzola
The defendant was involved in a traffic crash in which he hit three other vehicles. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank three beers. He failed the field sobriety tests and then refused the breath test. This was the defendant's third DUI.
THE DUI WAS DISMISSED ON SPEEDY TRIAL GROUNDS.
Jun 25, 2007 Case: 5373-XDL Judge Arzola
The defendant was stopped at a roadblock checkpoint. The officers at the roadblock, noticed an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on roadside tests. For example, on the walk and turn test, he stepped off the line numerous times and on the one leg stand, he put his foot down and raised his arms for balance. The defendant blew a .126 in the breath machine.
The State dropped the DUI.
Jun 20, 2007 Case: 07-TC-001988 (JURY TRIAL) Judge Draper
The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. The defendant also swayed while standing outside his vehicle. He performed poorly on the field sobriety tests. For example, on the one leg stand test, he put his foot down numerous times. On the walk and turn test, the defendant used his arms for balance, stepped off the line, and stopped to balance himself. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape.
THE DEFENDANT WAS FOUND NOT GUILTY.
Jun 18, 2007 Case: 489940-X Judge Bloom
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood-shot-eyes. The defendant performed field sobriety tests at the scene. He could not do the one leg stand since it was terminated for safety reasons. On the walk and turn test, the defendant stepped off the line, did not touch heel to toe, and lost his balance during the instructions. He then refused the breath test after the arrest for DUI.
The State dropped the DUI.
Jun 18, 2007 Case: 468414-W Judge Newman
The defendant was involved in a traffic crash in which she rear-ended another car. When the officers arrived, they observed an odor of alcohol, slurred speech, and blood-shot eyes. A cooler was found in the car containing vomit. The defendant could not perform any roadside tests due her inability to stand. She blew a .271 in the breath machine.
The State dropped the DUI.
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