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DUI Wins

Our Recent Victories

Dec 12, 2005 Case: 05-016119MM10A Judge Zack
The defendant lost control of his vehicle and crashed into another car. The officer noticed that the defendant had an odor of alcohol and bloodshot watery eyes. The defendant stated that the passengers in his vehicle were even more trashed than he was. He also stated that he had a few beers at hooters. It should be noted that the defendant was also on felony probation for burglary, grand theft and drugs.
The Judge threw out the statements and the State dropped the DUI. He was also reinstated on probation.
Dec 12, 2005 Case: 05-004267TCA02 Judge Evans
The defendant was stopped for tailgating and driving in a careless manner. The officers who stopped the defendant were undercover officers and not DUI officers. They observed an odor of alcohol, bloodshot eyes, and slurred speech. They stated the defendant performed poorly on roadside tests (no video at the scene) and he blew a .181 in the breath machine after his arrest for DUI. The breath test was video taped at the breath testing facility.
The State read the depositions, watched the video, and conceded the motions. The State dropped the DUI.
Dec 12, 2005 Case: 05-004972MMA04 Judge Damico
The defendant was parked while asleep in a church parking lot. The officers arrived on scene with their overhead lights because a BOLO (be on the lookout) had gone out about a disturbance on the road and possibly impaired driver (ie. the defendant). No other specifics were given in the BOLO. When the officers arrived, they never spoke to the other deputies on the scene and never spoke to the alleged victim about what allegedly happened. They went straight up to the defendant's car and ordered the defendant to roll down his window. They then observed drug paraphernalia (a pipe) and an odor of alcohol. The defendant admitted to having 5-6 beers and was very off balance, staggering, and had slurred speech. He refused the roadside tests and refused the breath test.
Nov 30, 2005 Case: 04-026609MM10A Judge Berman
The defendant was stopped for crossing three lanes of traffic without putting on her signal and then running a red light. A DUI task force deputy was subsequently asked to perform a criminal investigation for DUI. He observed a strong odor of alcohol, bloodshot eyes and a flushed face. On video, the defendant stated she had come from a club and had a couple of drinks. The defendant refused to perform any sobriety testing and was arrested for DUI.
On the morning of trial, the State Attorney's Office dropped the DUI.
Nov 28, 2005 Case: 297124-X Judge Gayles
The defendant was stopped for careless driving and speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and wrote the defendant was completely off balance and used the car to maintain his balance. A DUI officer was called to conduct roadside tests and the defendant was arrested for DUI. He refused the breath test and this was the defendant's second offense.
The State dropped the DUI.
Nov 21, 2005 Case: 061297-J Judge Ortiz
The defendant was involved in a crash in which she hit a barrier wall on the highway. When the trooper arrived on scene, he observed an odor of alcohol, slightly slurred speech, and a sway. The roadside exercises were video taped by the trooper which is very rarely done in Dade County. She was arrested for DUI and blew a .108 in the breath machine after her arrest.
The State dropped the DUI.
Nov 15, 2005 Case: 05-002010MM10A Judge Cowart
The defendant was stopped for driving 105mph. The Trooper observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was allegedly unsteady on his feet as he walked to the rear of his car. The defendant was asked to perform a series of field sobriety tests and was subsequently arrested for DUI.
The State dropped the DUI.
Nov 14, 2005 Case: 286034-X Judge Newman
The defendant was stopped for driving at a high rate of speed and almost colliding with another vehicle. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he looked disoriented. He refused the roadside tests and breath test. This was the defendant's second offense.
The State dropped the DUI.
Nov 14, 2005 Case: 05-016303TCAO4 Judge Damico
The defendant was involved in a traffic crash after driving at a high rate of speed. The defendant ended up smashing into a median and then a tree. The air bags deployed and the vehicle was mangled. Paramedics and the police arrived on scene. The officer on scene noticed an odor of alcohol on the defendant, slurred speech, and he was completely unsteady. The paramedics put him on a stretcher due to his head injuries. In the ambulance, the officer asked the defendant for a blood sample since a breath test would have been impossible as the defendant was going to be transported to the hospital. The blood tests revealed a blood alcohol level of .26 which is over three times the legal limit. The defendant was not arrested until after the blood results came back from the lab.
The Judge agreed after reading the Statute and case law provided, granted the motion, and threw out the blood result.
Nov 8, 2005 Case: 05-1140MM10A Judge Zack
The defendant was stopped for failing to maintain a single lane, not signaling, and making wide turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .157 in the breath machine after his arrest for DUI.
The Judge GRANTED the motion and threw out all the evidence in the case.
Nov 7, 2005 Case: 574171-X Judge Ortiz
The defendant was stopped for weaving. Once stopped , the officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant did not perform roadside tests stating he had too much to drink and then he refused the breath test.
The State dropped the DUI.
Nov 4, 2005 Case: 129409-J Judge Gayles
The defendant was stopped for speeding and weaving by FHP. Once stopped, the officer observed an odor of alcohol and staggering. The defendant allegedly performed poorly on roadside tests and blew a .159 in the breath machine.
The State dropped the DUI.
Oct 18, 2005 Case: 05-009285MMA Judge Herr
The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, he fumbled getting his driver's license paperwork, and had bloodshot eyes. Further, the defendant had urine on his crotch area and he admitted having a few drinks. He refused roadside testing and he also refused the breath test.
The State dropped the DUI.
Sep 27, 2005 Case: 2005-CT-003163 Judge Spoto
The defendant was stopped for accelerating out of a parking lot at a high rate of speed. The officer observed an odor of alcohol, glassy eyes, slurred speech, and a dazed look on his face. The defendant was unsteady upon exiting his vehicle and then performed poorly on roadside tests. The defendant blew a .094 (above the legal limit of .08) after his arrest for DUI.
The Judge granted the motion and threw out all the evidence in the case.
Sep 23, 2005 Case: 04-22314MM10A Judge Lerner-Wren
The defendant was stopped by police due to a dispatch about a "drunk driver" who was driving erratically and slow on I-75. The officer located the vehicle driven by the defendant which matched the description given by the anonymous caller. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also saw two plastic cups with alcohol under the driver's seat and a bottle of wine in back seat area. The defendant could not perform roadside tasks and she was arrested for DUI. The defendant blew a .160, twice the legal limit, in the breath machine after her arrest for DUI.
The DUI was dismissed.
Sep 23, 2005 Case: 03-031656TCA04 Judge Cohen
The defendant was stopped by police for making an alleged improper u-turn at an intersection. The officer observed and odor of alcohol, slurred speech, and glassy eyes. The defendant admitted drinking two beers along with stating she took Vicodin and Zoloft. She performed poorly on roadside tasks and refused the breath test after her arrest for DUI.
The State dropped the DUI.
Sep 19, 2005 Case: 285935-X Judge Ortiz
The defendant was involved in an accident whereby he ran a red light and struck another car. The officer's observed an odor of alcohol and slurred speech. He allegedly performed poorly on roadside tests and blew a .210 in the breath machine.
The State dropped the DUI.
Sep 19, 2005 Case: 082808-J Judge Gayles
The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and watery eyes. The defendant initially refused roadsides tests and then while being hand cuffed agreed to perform them. According to the officer, he performed poorly. After his arrest for DUI, he blew a .179 in the breath machine.
The State dropped the DUI.
Sep 19, 2005 Case: 306659-X Judge McWhorter
The defendant was stopped for running a red light. The initial officer observed an odor of alcohol, slurred speech, and unsteadiness on his feet. The DUI officer observed the same characteristics. The defendant refused the field sobriety tests and was arrested for DUI. This was the defendant's 3rd offense for DUI.
The State dropped the DUI.
Sep 19, 2005 Case: 2005-CT-001807A Judge Yacucci
The defendant was stopped for swerving into another lane almost colliding with a police officer. The officer smelled an odor of alcohol, bloodshot eyes as well as slurred speech. The defendant admitted to having a couple of beers. After conducting the first field sobriety test, the defendant refused to continue. He was subsequently arrested for DUI. This was the defendant's 2nd offense.
The State dropped the DUI.
Sep 6, 2005 Case: 03-28579MM10A Judge Gehl
The defendant was involved in a hit and run accident. The victim followed the defendant and eventually forced him to pull over. The investigating officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. When he was outside the vehicle the officer stated that he almost fell over. Witnesses who were with the defendant stated he had several rum and cokes. The defendant was arrested for DUI.
The State conceded the motions to suppress and dropped the DUI.
Sep 5, 2005 Case: 508354-X Judge Ortiz
The defendant was stopped after the officer observed him parked in a handicapped spot. The officer observed him walk into the store then come out to the street. The officer had taken the keys out of the car prior to the defendant coming out of the store according to the girl in the car. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on roadside tests and blew a .147 in the breath machine.
The State dropped the DUI.
Sep 5, 2005 Case: CT-726775-X Judge Dominguez
The defendant was stopped for weaving. The officer observed slurred speech, an odor of alcohol, and unsteadiness. The defendant performed poorly on roadside tests and blew a .124 in the breath machine.
The State dropped the DUI.
Aug 31, 2005 Case: CT-5289-XAM Judge Dominguez
The defendant was stopped for drifting and speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted drinking. She allegedly performed poorly on roadside tests and subsequently refused the breath test. This was the defendant's second DUI.
The State dropped the DUI.
Aug 30, 2005 Case: 04-007727MM10A Judge Lazarus
The defendant was stopped for driving on the wrong side of the road almost hitting a marked police car. The officers observed an odor of alcohol, bloodshot eyes, and he performed poorly on roadside tests according to the officer's report. There was no video at the scene. The defendant was arrested for DUI and blew a .088 in the breath machine. The defendant admitted drinking five vodkas on video at the station.
The State dropped the DUI.
Aug 29, 2005 Case: 412912-X Judge Ortiz
The defendant was stopped by police when he was found slumped over the wheel at a red light unconscious. The officer observed an odor of alcohol, and slurred speech. The defendant performed poorly on roadside tests and blew a .127 in the breath machine.
The State dropped the DUI.
Aug 29, 2005 Case: 286182-X Judge Bloom
The defendant was involved in an accident in which he crashed head on with a sign and then a fire hydrant. The officer who saw the accident observed the airbags deployed and smelled an odor of alcohol, and slurred speech. A DUI officer was called, however, no roadside tests were conducted due to the defendant's condition. He was completely off balance. The defendant refused the breath test.
The State dropped the DUI.
Aug 29, 2005 Case: 286145-X Judge Gayles
The defendant was stopped for driving on the wrong side of the road. The officers observed an odor of alcohol, slurred speech, and unsteadiness. He performed poorly on roadside tests and blew a .11 in the breath machine.
The State dropped the DUI.
Aug 25, 2005 Case: 05-008268TCA02 Judge Burton
The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, and that the defendant was very unsteady. He performed poorly on the roadside tests according to the officer. The defendant blew a .199 in the breath machine.
The DUI was dismissed.
Aug 17, 2005 Case: CT-005806-XAM Judge Fernandez
The defendant was stopped for illegally driving through a safety zone on the roadway. Once stopped, the officer noticed an odor of alcohol and watery eyes. He performed poorly on roadside tests according the the officer and then he refused the breath test. He admitted to having four beers on video.
The State dropped the DUI.
Aug 15, 2005 Case: CT-731360-X Judge Barber
The defendant was stopped by police as he was parked half on a curb and half on the road. He was passed out behind the wheel sitting on his keys. The officer noticed he could not stand, had an odor of alcohol, and very slurred speech. He performed poorly on roadside tests and blew a .149 in the breath machine. Everything was on video tape.
The State dropped the DUI.
Aug 15, 2005 Case: 508426-X Judge Mills-Francis
The defendant was involved in a head on collision in which she left the scene of the accident. She was subsequently stopped by police based on a BOLO (Be on the lookout) for her car. Once stopped, the officer noticed an odor of alcohol and called for a DUI officer. The DUI cop observed slurred speech, an odor of alcohol, and she performed poorly on roadside tests. She refused the breath test. The defendant was arrested for both DUI and Leaving the Scene of an Accident.
The State dropped the DUI.
Aug 15, 2005 Case: 05-007552A02 Judge Evans
The defendant was stopped by police for driving over 100 miles per hour and he slid into the intersection at a red light. A DUI officer was called out and noticed an odor of alcohol, slightly slurred speech, and the defendant admitted to having a crown royal and coke and one long island iced tea. He performed poorly on roadside tests on video tape and subsequently refused the breath test.
The State dropped the DUI.
Aug 9, 2005 Case: 508542-X Judge Krieger-Martin
The defendant was stopped for running a red light and driving at a high rate of speed. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The DUI officer alleged the defendant performed poorly on roadside tests in his reports. The defendant refused the breath test.
The State dropped the DUI.
Aug 8, 2005 Case: 062669-J Judge Mills-Francis
The defendant was stopped for driving on the wrong side of the road. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. No roadside tests were conducted for safety reasons on the road. The defendant blew a .183 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Aug 7, 2005 Case: 04-034342TCA08 Judge Damico
The defendant was stopped for weaving. The officer noticed an odor of alcohol and she admitted to drinking wine. She allegedly performed poorly on field sobriety tests on video and blew a .17 in the breath machine after her arrest for DUI.
The DUI was dismissed.
Aug 3, 2005 Case: 2004-CT-001365-A Judge Blechman
The defendant was stopped for weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and unsteadiness. He performed poorly on roadside tests and blew a .193 in the breath machine after his arrest for DUI. This was the defendant's third offense.
The State dropped the DUI.
Jul 27, 2005 Case: 04-019541MM10A (JURY TRIAL) Judge Lazarus
The defendant was stopped for driving 93mph in a 65mph zone. The defendant was seen placing a beer can in the back seat of the truck. The Trooper later searched the vehicle and found beer cans in the back seat. The Trooper pulled out the beer cans on video. The defendant first denied drinking, and later admitted to drinking. The Trooper testified in trial that the defendant failed the sobriety tests including the one leg stand which he discontinued for no reason. The Trooper also testified that the defendant fell back on the walk and turn test. The defendant was subsequently arrested for DUI, and open container.
The defendant was found NOT GUILTY.
Jul 26, 2005 Case: 05-006538TCA04 (JURY TRIAL) Judge Moyle
The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol, bloodshot eyes, a flushed face and slow speech. He testified the defendant was swaying and walking "gingerly." The defendant performed the walk and turn and one leg stand exercises at the scene. He could not do the one leg stand and put his foot down several times. He was video taped at the scene and at the station after his arrest. He refused the breath test and this was the defendant's second offense.
The Jury found the defendant NOT GUILTY in twenty minutes.
Jul 25, 2005 Case: CT-728275-X Judge Thomas
The defendant was involved in an accident in which he crashed into an apartment complex gate. The officer at the scene noticed an odor of alcohol, slurred speech, and he was unsteady. He admitted to consuming a couple of beers and was transported to the hospital for his injuries. At the hospital, a DUI officer arrived and asked to him to volunteer to give a blood test to determine his alcohol level and the defendant agreed. The DUI officer noticed the same observations as the first officer. He was not arrested at that time because the officer was going to wait for the blood results to see if they were over the legal limit of .08. After the blood was analyzed, the results were a .139 (over the legal limit) and the defendant was subsequently arrested by the same DUI officer.
The State dropped the DUI.
Jul 25, 2005 Case: 086441-J Judge Mills-Francis
The defendant was stopped for speeding. Once stopped, the officer noticed an odor of alcohol, slurred speech and bloodshot eyes. He noticed the defendant to stagger and perform poorly on roadside tests. The defendant refused the breath test.
The State dropped the DUI.
Jul 15, 2005 Case: 05-010227TCA04 Judge Moyle
The defendant was stopped for failing to move over for a police vehicle. Once stopped, the officer observed an odor of alcohol and she performed poorly on roadside tests according to the officer. She then blew a .153 in the breath machine.
The DUI was dismissed.
Jul 11, 2005 Case: CT-2732-XAM Judge Fernandez
The defendant was stopped for weaving all over the road. The officer noticed and odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated she had several drinks. She performed poorly on roadside tests according to the officer on video and then blew a .098 (above the legal limit) in the breath machine after her arrest for DUI.
The State dropped the DUI.
Jul 6, 2005 Case: 2005-CT-141-A Judge Todd
The defendant was stopped for running a red light, hitting a curb, and weaving several times. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and be very off balance and unsteady. He performed the walk and turn exercise poorly and refused to continue with the rest of the tests. He then refused the breath test. The officer noticed twelve Heineken beer caps in his car.
The State dropped the DUI.
Jul 4, 2005 Case: 04-6164MM10A Judge Diaz
The defendant was allegedly involved in an accident when his car jumped the median striking another vehicle. The officer noticed an extremely strong odor of alcohol on the defendant's breath and his speech was slurred. He was unable to perform any sobriety tests and blew a .181 in the breath machine.
The Judge granted the motion and all of the evidence was thrown out.
Jun 20, 2005 Case: 04-534418WTWS-16 Judge Salton
The defendant was involved in an accident in the middle of an intersection. The DUI officer observed an odor of alcohol, slow and slurred speech, and a sway to the defendant's stance.
Immediately prior to jury selection the State dropped the DUI.
Jun 15, 2005 Case: 04-017618MM10A Judge Robinson
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, the defendant admitted to having 3-4 beers, and he stumbled while getting out of the car. He refused the roadside tests and breath test.
The State dropped the DUI.
Jun 14, 2005 Case: 04-023383TCA04 Judge Damico
The defendant was stopped for driving all over the roadway. The officers smelled an odor of alcohol, slurred speech, bloodshot eyes, and the defendant stated she had a couple of drinks. Acccording to the DUI officer, she performed poorly on field sobriety tests and then blew a .144 in the breath machine.
The DUI was dismissed.
Jun 14, 2005 Case: 04-005538TCA04 (JURY TRIAL) Judge Damico
The defendant was found slumped over the wheel in the driver's seat of his car with the engine running by an officer in a public parking lot. The vehicle was in the park position and parked crooked. The officer found the defendant based on a call about a suspicious person in the public parking lot. The officer testified the defendant was out cold and it took about a minute just to wake him. He had to bang on the window, open the door, shake the defendant, and call out to him several times before the defendant responded. The defendant reeked of alcohol according to the officer. A DUI officer was called to the scene and the defendant could hardly speak or stand on video. He admitted being drunk and refused all roadside testing and breath testing.
The Jury took only FIVE MINUTES to find the defendant NOT GUILTY.
Jun 14, 2005 Case: CT-006317-XAF Judge Barber
The defendant was stopped for weaving. The officer noticed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped. She admitted drinking to the officer and blew a .094 in the breath machine.
The State dropped the DUI.
Jun 13, 2005 Case: CT-627191-X Judge Thomas
The defendant was stopped for speeding. Once stopped, the officer noticed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests and refused the breath test.
The State dropped the DUI.
Jun 13, 2005 Case: 2004-MM-02167-A-K Judge Miller
The defendant was stopped for cutting off another vehicle. The officers observed an odor of alcohol, slurred speech and bloodshot eyes. He refused roadside tests and the breath test. This was the defendant's second offense.
The State dropped the DUI.
Jun 13, 2005 Case: 05-000855TCA04 Judge Evans
The defendant was stopped for driving the wrong way on a one way street. Once stopped, the officer observed an odor of alcohol, slurred speech and he admitted to having three drinks. He performed poorly on roadside tests according to the officer which was video taped and he blew a .130 in the breath machine.
The DUI was dismissed.
Jun 12, 2005 Case: 05-MM-9769 Judge Shoemaker
The defendant was stopped for speeding and cutting through lanes of traffic. The officer observed an odor of alcohol, slurred speech, staggering, and bloodshot eyes. The officer also found beers in the car. The defendant refused the roadside tests and the breath test. Everything was on video tape.
The DUI was dismissed.
Jun 1, 2005 Case: 04-006455MM10A Judge Gehl
The defendant was stopped for driving 88mph in a 55mph zone. The trooper noticed bloodshot eyes, flushed face and a strong odor of alcohol. The defendant said he was coming from a bar and had 3 Molson Goldens. The defendant allegedly failed the sobriety tests and blew a .141.
The Judge threw out the breath test. The State dropped the DUI.
Jun 1, 2005 Case: 04-013244MM10A Judge Diaz
The defendant was allegedly the driver of a van that hit a sign on the highway. When the trooper arrived on scene he observed two flat tires and a cracked windshield. The defendant's speech was barely understandable and he failed all field sobriety tests.
The DUI was dismissed.
Jun 1, 2005 Case: 04-004497MM10A Judge Berman
The defendant was stopped by FHP for straddling the lane divider for one quarter mile. The trooper observed bloodshot eyes, flushed face and an odor of alcohol. The defendant failed every exercise and was arrested for DUI. He subsequently blew a .158 in the breath machine.
The Judge granted the motion and excluded all of the evidence.
May 24, 2005 Case: 03-19640MM10A (JURY TRIAL) Judge Lazarus
The defendant was seen by a deputy crashing into a motor scooter. The deputy said the defendant stumbled out of the vehicle and had a strong odor of alcohol on his breath. He also noticed bloodshot eyes slurred speech and a flushed face. The DUI deputy arrived and asked him to perform sobriety tests. On the walk and turn test the defendant stumbled and said he didn't feel comfortable continuing. He was arrested for DUI and refused a breath test. This was the defendant's second offense.
The defendant was found NOT GUILTY.
May 23, 2005 Case: 086772-J Judge Bloom
The defendant was stopped for speeding. The officers observed and odor of alcohol, a flushed face, and bloodshot eyes. They also smelled the odor of marijuana coming from the car. They found 13 grams of marijuana in the car. The defendant was arrested for being under the influence of alcohol and marijuana.
The DUI was dismissed.
May 19, 2005 Case: 05-000636TCAO4 Judge Moyle
The defendant was stopped by police for driving at a "high rate" of speed and his tires touched the yellow line markers one time. The officers observed an odor of alcohol, slurred speech, and poor balance. He allegedly performed poorly on roadside tests and blew a .171 in the breath machine.
The State dropped the DUI.
May 18, 2005 Case: 04-19284MM10A Judge Berman
The defendant was stopped for speeding and weaving all over the road. The first officer smelled a minty odor as well as glassy eyes. The DUI officer smelled an odor of alcohol and noticed bloodshot eyes. The defendant failed all sobriety tests and was arrested for DUI. He told the officers he wanted to kill them.
The motion was granted and all evidence was thrown out.
May 17, 2005 Case: 04-2232MM10A Judge Lerner-Wren
The defendant was stopped for drifting across the lane markers almost side swiping the police car. The deputy noticed an odor of alcohol and watery eyes. The defendant refused to speak and was arrested for DUI. The defendant blew a .207 in the breath machine.
The State conceded the motion and dropped the DUI.
May 16, 2005 Case: 04-017954TCAO8 (JURY TRIAL) Judge Kolin
The defendant was stopped at a roadblock checkpoint. When the officer told him to pull into the parking lot after observing a dazed look and odor of alcohol on his breath, he drove over the curb, on the grass, and into to the bushes according to the officer. The officer stated his speech was very slurred, he was very unsteady, and had bloodshot eyes. He refused to do roadside tests on video at the scene of the checkpoint and was arrested for DUI. At the breath testing facility, he stumbled while walking into the video room and refused the breath test. This was the defendant's second offense within five years.
The jury found the defendant NOT GUILTY in nine minutes.
May 7, 2005 Case: 04-010024MM10A Judge Diaz
The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol, glassy eyes, and the defendant admitted to having three beers. He performed poorly on roadside tests according to the officer and blew a .164 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Apr 25, 2005 Case: 267188-X Judge Tunis
The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. The defendant performed poorly on roadside tests and blew a .133 in the breath machine.
The State dropped the DUI.
Apr 18, 2005 Case: 508541-X Judge Bloom
The defendant was stopped for speeding and running a red light. Once stopped, the officers noticed slurred speech, an odor of alcohol, and unsteadiness. He performed poorly on roadside tests and blew a .225 in the breath machine.
The State dropped the DUI.
Apr 5, 2005 Case: 386283-W Judge Gayles
The defendant was stopped for speeding and swerving all over the road. The officer observed slurred speech, and the defendant performed poorly on roadside tests. The officer also suspected the defendant was under the influence of cocaine. The defendant refused the breath test.
The State dropped the DUI.
Apr 4, 2005 Case: 508256-X Judge Tunis
The defendant was involved in a rear end collision. The officers who arrived on scene observed an odor of alcohol, bloodshot eyes and slurred speech. He performed poorly on roadside tests and refused the breath test. The defendant was outside the car when the officers arrived on scene.
The DUI was dismissed.
Apr 3, 2005 Case: 04-002860TCA08 Judge Evans
The defendant was found by police passed out behind the wheel of his vehicle at a red light. The officer noticed an odor of alcohol, slurred speech and blood shot eyes. He performed poorly on roadside tests according to the officer and blew a .102 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Mar 29, 2005 Case: 05-000259MMA Judge Eriksson
The defendant was involved in an accident in which he hit a utility pole. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on roadside tests. He tested positive in a urine test for amphetamines.
The DUI was dismissed.
Mar 28, 2005 Case: 508309-X Judge Tunis
The defendant was stopped by police because she almost ran over a Public Service Aid who was setting up cones in the road. The officer who stopped her observed her speeding and failing to maintain a single lane. Once stopped, he observed an odor of alcohol, bloodshot eyes, and she refused roadside tests. She also refused the breath test.
The State dropped the DUI.
Mar 21, 2005 Case: 550457-X Judge Ortiz
The defendant was involved in a crash in which she struck a pole after driving at a high rate of speed and losing control of her car. When the officers arrived, she was off balance, had an odor of alcohol, and slurred speech. She performed poorly on roadside tests and she refused the breath test. The defendant had admitted to having "quite a few drinks."
The State dropped the DUI.
Mar 21, 2005 Case: 03-029877MM10A (JURY TRIAL) Judge Zack
The defendant was driving 80mph in a 65mph zone. The deputy stated that the defendant drove off the highway 15 different times. The trooper investigating the DUI came on scene. He noticed an odor of alcohol, flushed face and bloodshot eyes. He also noticed that the defendant was swaying and staggering all over the place. Because of a language barrier roadside tests were not conducted.
After the Jury was selected the State dropped the DUI.
Mar 18, 2005 Case: 04-026272TCA04 (JURY TRIAL) Judge Moyle
The defendant was first seen exiting the porterhouse bar and grill. He entered his vehicle which was illegally parked in a handicap spot. The officer asked the defendant to exit the vehicle and issued him a citation for parking in a handicap spot. The defendant began to scream and at one point threw his shoe at the police. The officer smelled a strong odor of alcohol and noticed red glassy eyes. The defendant continued to scream at the police for the next 50 minutes stumbling throughout the parking lot. The officer told him to take a cab. The defendant responded "I'm not stupid, I know I'm too drunk to drive." Soon after, the defendant jumped in his vehicle and attempted to back out. The officers immediately pulled the defendant out of the vehicle and placed him under arrest for DUI. This was the defendant's second DUI.
The Jury found the defendant NOT GUILTY in ten minutes.
Mar 17, 2005 Case: 04-23096MM10A Judge Feiner
The defendant was stopped while driving through a sobriety checkpoint. The deputy noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was unable to walk heel to toe on the first test. On the second test the defendant could not touch his finger to his nose. He was arrested for DUI and provided a urine test for the detection of drugs.
The DUI was dismissed.
Mar 15, 2005 Case: 04-026989TCA04 Judge Damico
The defendant was stopped for cutting off traffic and repeatedly honking her horn. Once stopped, the officers observed an odor of alcohol, slurred speech and balance problems. She failed roadside tests and refused the breath test. She had been previously been told by another officer at the bar not to drive and take a cab home.
The State dropped the DUI.
Mar 14, 2005 Case: CT-721754-X Judge Dominguez
The defendant was stopped for weaving all over the road. Once stopped, the officers observed an odor of alcohol, slurred speech, unsteadiness, and she fumbled for her wallet. She performed poorly on roadside tests and refused the breath test. This was the defendant's second offense.
The State dropped the DUI.
Mar 14, 2005 Case: 04-3732MM10A Judge Lerner-Wren
The defendant was sleeping behind the wheel of the vehicle with the engine running. The officer had to shake the defendant to wake him up. He noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was described as a falling down drunk. He refused to complete any tests because he said "I would fail." He blew a .196 and a .200 in the breath machine.
The motion was granted and all evidence was thrown out.
Mar 10, 2005 Case: 05-3176MM10A Judge Murphy
The defendant was involved in a hit and run accident which was witnessed by two other individuals. He was subsequently stopped by a Florida highway patrolman. The Trooper noticed that the defendant was off balance, smelled like alcohol and had bloodshot eyes and slurred speech. The Trooper stated the defendant failed each field sobriety test and he was subsequently arrested for DUI and leaving the scene of an accident. During the investigation, the defendant admitted to being the driver involved in the crash. At the breath alcohol testing facility the defendant blew a .156 in the breath machine.
At the conclusion of the motion to suppress, the State dropped the DUI.
Mar 10, 2005 Case: 508960-X Judge Newman
Police dispatch advised that the defendant was fighting with other occupants in a vehicle. One of the occupants allegedly pulled out a gun. The officer who stopped the defendant noticed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, the officer stated that the defendant was extremely unsteady on his feet. The defendant failed roadside sobriety tests and was arrested for DUI.
The State dropped the DUI.
Mar 10, 2005 Case: 501146-W Judge Newman
The defendant was stopped for following too closely and weaving through traffic. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant failed all field sobriety tests and was arrested for DUI.
The State dropped the DUI. This is the 2nd DUI that the firm won for this defendant.
Mar 5, 2005 Case: 04-021014MM10A Judge Feiner
The defendant was involved in a rollover accident. An off duty officer witnessed the accident and identified the defendant as the driver of the vehicle. Both the off duty officer as well as the investigating trooper observed that the defendant was unsteady on his feet. They smelled a strong odor of alcohol and bloodshot eyes. The off duty officer noticed beer inside the vehicle. According to the trooper, the defendant failed the roadside tests. He was subsequently arrested for DUI and refused a breath test. He was also charged with refusal to submit to a breath test.
The State dismissed all charges on the morning of trial.
Mar 2, 2005 Case: 2004-CT-02441-A-K Judge Fowler
The defendant was stopped by the Monroe County Sheriff's Office in Key West for driving all over the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech and the defendant admitted having 3-4 beers and some Jaeger. He performed poorly on roadside tests and subsequent to his arrest for DUI refused the breath test.
The State dropped the DUI.
Mar 1, 2005 Case: 250935-W Judge Newman
The defendant was involved in an accident in which he rear ended another vehicle. The officer who arrived on scene observed balance problems, an odor of alcohol, and slurred speech. The defendant was outside the vehicle when the officers arrived. He performed poorly on roadside tests and blew a .201 in the breath machine.
The State dropped the DUI.
Feb 24, 2005 Case: 04-012670MM10A Judge Levenson
The defendant was stopped for squealing his tires and making a wide turn. The defendant failed to pull his car over for several blocks after the officer placed his lights on. The DUI task force was called to the scene. The deputy smelled a strong odor of alcohol, bloodshot eyes and slurred speech. He failed all roadside sobriety exercises and blew a .183 in the breath machine.
The State dropped the DUI.
Feb 23, 2005 Case: 2004-CT015407-O Judge Fleming
The defendant was stopped for speeding and weaving in and out of traffic by the Orange County Sheriff's Office in Orlando. The officer observed and odor of alcohol, bloodshot eyes, and balance problems. The defendant admitted to having a couple of beers. According to the officer, he performed poorly on roadside tests. He then blew a .083 in the breath machine after his arrest for DUI.
The DUI was dismissed.
Feb 22, 2005 Case: 488676-X Judge Newman
The defendant was stopped for running a red light. Once stopped, the defendant was observed to have an odor of alcohol, slurred speech, and balance problems. She performed poorly on roadside tests and then refused the breath test.
The State dropped the DUI.
Feb 17, 2005 Case: 04-011108MM10A Judge Levenson
The defendant was stopped for driving at a high rate of speed and squealing his tires. Once stopped, the officers observed an odor of alcohol, slurred speech and blood hot eyes. he performed poorly on roadside tests and blew a .17 in the breath machine.
The State dropped the DUI.
Feb 17, 2005 Case: 04-016150MM10A Judge Robinson
The defendant was stopped at a roadblock checkpoint. Once stopped, the officers noticed an odor of alcohol, unsteadiness, and slurred speech. He performed poorly on roadside tests and then refused the breath test.
Feb 14, 2005 Case: 04-4256MM10A Judge Feiner
The defendant was stopped for driving on the grass, speeding and running a red light. The defendant exited his car and allegedly fell to the ground. Both officers describe the defendant as a falling down drunk who could not complete any tests.
The State dropped the DUI.
Feb 14, 2005 Case: 04-8738MM10A Judge Feiner
The defendant was stopped for running a red light almost crashing into a DUI deputy. The deputy noticed an odor of alcohol, flushed face and bloodshot eyes. The defendant performed poorly on the roadside exercises and refused a breath test.
Just prior to the jury entering the courtroom the State dropped the DUI.
Feb 12, 2005 Case: 05-004919TCA02 Judge Damico
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, sluggish speech, and bloodshot eyes. The defendant allegedly performed poorly on roadside tests which were video taped. The defendant admitted drinking bud light and rum shots. He blew a .124 in the breath machine after his arrest for DUI.
The State dropped the DUI.
Feb 8, 2005 Case: 04-022314MM10A Judge Lerner-Wren
The defendant was stopped because a caller stated that a woman was driving 10 MPH on the highway and appeared intoxicated. The officer saw the defendant exiting the highway at a slow rate of speed and failing to maintain a single lane. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. The defendant was arrested for DUI and a bottle of wine was recovered from the car. She later blew a .160 in the breath machine. This was the defendant's 2nd offense.
The motion was granted. All evidence was thrown out.
Feb 6, 2005 Case: 05-001675-CT-A-1 Judge Barnes
The defendant was stopped for driving over 100 miles per hour. Once stopped, the officer smelled an odor of alcohol, a sway to his stance, and the defendant was arguing with the police. He also had slurred and mumbled speech and bloodshot eyes. The defendant refused roadside tests and refused the breath test.
The DUI was dismissed.
Feb 5, 2005 Case: 05-4549MM10A Judge Cowart
The defendant was stopped for driving recklessly on the roadway. The deputy noticed bloodshot eyes, flushed face and and slurred speech. The defendant failed all roadside sobriety tests and was arrested for DUI.
The DUI was dismissed.
Jan 31, 2005 Case: 508322-X Judge Bloom
The defendant was stopped by police based on a BOLO (be on the lookout) that a black hummer had been involved in a hit and run crash. An officer saw a black hummer about 29 blocks from the crash scene and stopped the vehicle. The officer noticed an odor of alcohol, slurred speech and that the defendant was off balance. The defendant performed poorly on roadside tests and he refused the breath test. He was also charged with leaving the scene of an accident.
The State dropped the DUI.
Jan 31, 2005 Case: 04-013493MM10A Judge Feiner
The defendant was stopped for driving 95mph. The Trooper noticed bloodshot eyes, flushed face and an odor of alcohol. The defendant told the Trooper that he had 5 beers at a local bar. He was unable to perform any sobriety test and refused a breath test.
The State dropped the DUI just prior to the jury entering the courtroom.
Jan 28, 2005 Case: 04-CF2305 Judge Barron
The defendant was stopped by Okaloosa County Sheriff's Officers for weaving and driving too slowly. Once stopped, the officers noticed slurred speech and that the defendant seemed to be impaired. Once out of the vehicle, the defendant was off balance and unsteady. She performed poorly on roadside tests and was arrested for Driving Under the Influence of a a chemical or controlled substance. The officers found numerous prescription drugs in the car to which the defendant did not have a prescription. They also found marijuana in the car. The defendant refused to provide a urine sample. The defendant was also charged with possession of marijuana and a felony for being in possession of a drug without a prescription.
The State dropped the DUI.
Jan 27, 2005 Case: 03-026878MM10A Judge Cowart
The defendant was stopped for parking at an improper angle in a closed gas station. The defendant was passed out behind the wheel with the engine running. When the deputy approached the vehicle the defendant passed out in the drivers seat. The defendant motioned for the deputy to get out of the way so he could leave. While the defendant attempted to place the car in drive, the deputy grabbed the key from the ignition. The car smelled from alcohol and the defendant was completely unsteady on his feet. The defendant failed all roadside tests. In addition, the defendant was charged with refusing to submit to a breath test.
All evidence was thrown out. The DUI was dismissed.
Jan 19, 2005 Case: M04-045776 Judge Ortiz
The defendant was charged with Boating Under the Influence. The officer stated he observed the defendant drinking on his boat while at the wheel of the boat. When the officer boarded the boat, he observed an odor of alcohol and slurred speech. The defendant performed some roadside exercises on the boat which the officer stated he performed poorly. He was then transported to the Coast Guard Station to do more field sobriety tests. He was then arrested for BUI and he refused the breath test.
The DUI was dismissed.
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