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DUI Wins

Our Recent Victories

Jan 12, 2010 Case: CT-002284-GKF Judge Dominguez
The defendant was stopped for weaving and speeding which was captured on tape. The officer observed an odor of alcohol, bloodshot eyes, and he admitted having a few drinks. He then performed the field sobriety tests on video tape. For example, on the walk and turn, he failed to maintain his balance and lost his balance on the turn. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI.
The State Dismissed the DUI.
Jan 10, 2010 Case: 08-019710MM10A Judge Murphy
The defendant was stopped for speeding as he was traveling over 100 miles per hour. The officer noticed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. For example, on the walk and turn, he lost his balance and did not touch heel to toe. After his arrest, he blew a .181 and .169 in the breath machine.
The State Dropped the DUI.
Jan 3, 2010 Case: 7828-XEJ Judge Krieger-Martin
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and he admitted to drinking. The defendant stumbled upon exiting the car. Due to "safety" concerns, the roadsides were done at the station to which the defendant performed poorly due to his level of intoxication. The defendant blew a .248 in the breath machine.
The DUI was Dismissed on the morning of trial.
Jan 3, 2010 Case: 2554-XED Judge Seraphin
The defendant was stopped for driving in the wrong direction. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also admitted to drinking wine. On the one leg stand test, he put his foot down more than three times and the test was stopped. On the walk and turn, he stepped off the line, did not touch heel to toe, and lost his balance. He was arrested for DUI and blew a .236 and a .236 in the breath machine.
The DUI was Dismissed on Speedy Trial grounds.
Jan 3, 2010 Case: 5112-XED Judge Krieger-Martin
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted drinking beer. The defendant did not perform the roadside tests to standards and was arrested for DUI. After his arrest, the police also found marijuana on the defendant. He then blew a .176 in the breath machine.
The State Dismissed the DUI.
Jan 2, 2010 Case: 1760-XAC Judge Miranda
The defendant was involved in a rear end collision which he was not at fault. When the officer arrived, he observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant stated he had been drinking that night. The defendant performed the roadside tests at the request of the officer. For example, on the walk and turn test, the defendant used his arms for balance, took the incorrect number of steps, and started to early. The defendant was arrested for DUI.
The DUI was Dismissed.
Dec 16, 2009 Case: 2009-CT-013048AXXX Judge Bosso-Pardo
The defendant was stopped after locking up his brakes and skidding into an intersection at a red light. The officer noticed an odor of alcohol, slurred speech, and a heavy Spanish accent. The defendant performed the roadside tests. For example, on the walk and turn, he took twelve steps instead of nine and turned incorrectly. On the one leg stand, he put his foot down and swayed. The defendant spoke very little English and no Spanish speaking officer was called to the scene. After his arrest for DUI, he refused the breath test.
The State Dropped the DUI.
Dec 10, 2009 Case: CT-000327-XCM Judge Lefler
The defendant was stopped by the police after witnesses called the police that the defendant was driving all over the road and almost crashing into traffic. An officer spotted the defendant and observed the defendant weaving and almost striking a concrete barrier. He then made a traffic stop. The officer, as well as the DUI unit called to the scene, observed an odor of alcohol, slurred speech, and bloodshot eyes. The DUI unit performed the HGN (eye test) and observed an angle of onset prior to 45 degrees and a lack of smooth pursuit in the defendant's eyes. He refused to perform any other exercises and was arrested for DUI. After his arrest, he tried to blow in the breath machine and give breath samples but the machine would not register valid/reliable samples. The police called it a refusal.
The State Dropped the DUI.
Dec 6, 2009 Case: 2008-CT-029970AXX Judge Bonavita
The defendant was stopped for swerving and nearly striking another car. The officer noticed an odor of alcohol, bloodshot eyes, and slow/slurred speech. The defendant stated she could not do the roadside tests due to a foot injury. The officer stated in his reports that he never observed any problems with her. He arrested her for DUI and took her to the hospital to get checked out as a pre-cautionary measure. There, he asked for her a blood test and she refused.
The State Dropped the DUI.
Dec 2, 2009 Case: 08-002892-CTMA Judge Tinlin
The defendant was stopped for having no tag light. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. The defendant performed roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down and swayed. On the walk and turn test, he stepped off he line, did not touch heel to toe, and took the incorrect number of steps. There was no video tape at the scene. After his arrest for DUI, he blew a .084 and .086 in the breath machine.
The State dropped the DUI.
Dec 1, 2009 Case: 04-6164MM10A Judge Diaz
The defendant was involved in a crash. Several officers arrived on scene and observed a strong odor of alcohol on the defendant's breath. The officers the approached the witnesses to the accident who then identified the defendant as the driver in the accident. The officers then spoke with the defendant and noticed slurred speech as well as bloodshot eyes. The defendant was asked to perform several field sobriety tests. On the one leg stand test, the defendant dropped his leg and almost fell over. The officer then conducted the HGN (eye test). The officer observed a jerking of the eyes that would indicate that the defendant had been drinking to excess. The defendant was arrested for DUI and blew a .181 in the breath machine.
On the morning of trial, the State dropped the DUI.
Dec 1, 2009 Case: 9154-XEC Judge Bloom
The defendant was stopped for driving on two flat tires. Once stopped, the officer observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant staggered as he stepped out of the car. Due to the defendant's level of intoxication, only one roadside was attempted which he failed. After being arrested for DUI, the defendant blew a .232 in the breath machine.
Just prior the motion hearing, the State dropped the DUI.
Dec 1, 2009 Case: 6025-XDX Judge Bloom
The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed field sobriety tests at the request of the officer. For example, on the one leg stand test, the officer alleged in his reports that the defendant never raised his foot off the ground for the entire thirty seconds. On the walk and turn exercise, he did not touch heel to toe and walked backwards on the way back. After his arrest for DUI, he blew a .119 in the breath machine.
The DUI was dismissed.
Dec 1, 2009 Case: 2008CT023772AXXMA Judge Shore
The defendant was stopped for speeding and slamming on his brakes for no reason. The officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had few drinks. A glass of rum was found in the car. The defendant performed the field sobriety tests at the request of the officer which were all captured on video tape. For example, on the walk and turn test, he missed heel to toe and stopped walking to regain his balance. On the one leg stand, the defendant swayed and hopped throughout the exercise. After his arrest for DUI, he blew a .093 and .093 in the breath machine. This was the defendant's second DUI.
The State dropped the DUI.
Nov 30, 2009 Case: 2009-CT-003826 Judge Epperson
The defendant was involved in a one car traffic crash. When the police arrived, he was outside of the car. He admitted being involved in the crash. The officers observed the defendant to have an odor of alcohol, stumbling, slurred speech, and bloodshot eyes. The defendant performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .214 and .208 in the breath machine.
The State agreed with the motions and Dropped the DUI.
Nov 30, 2009 Case: 09-CT-000026AXXXMA Judge Tanner
The defendant was involved in a rear end crash. After the crash, he left the scene and was found by police almost two hours later laying in the grass. The officers observed an odor of alcohol, slurred speech, and was unsteady on his feet. He admitted to being involved in the crash, fleeing the scene, being impaired, and drinking a bottle of alcohol. He failed all the roadside tests and was arrested for DUI. After his arrest, he blew a .183 and .187 in the breath machine.
The State Dropped the DUI prior to the motions being heard.
Nov 30, 2009 Case: 4398-FGR Judge Seraphin
The defendant was stopped for driving west bound in the east bound lane. The defendant had bloodshot eyes and a flushed face. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, she put her foot down four times. On the finger to nose, she missed the tip of her nose, used the wrong hand, and did not remove her finger. She was arrested on the belief she was impaired by a chemical or controlled substance.
The State Dropped the DUI.
Nov 18, 2009 Case: CT-003142-FTB Judge Dominguez
The defendant was stopped for failing to maintain a single lane (ie. driving up on a curb) and driving at a high rate of speed. The officer observed an odor of alcohol, confused speech, and watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. The officer concluded the defendant was impaired by a chemical or controlled substance, not alcohol. He was then arrested for DUI.
The DUI was Dismissed.
Nov 13, 2009 Case: CT-006378-XAM Judge Lefler
The defendant was stopped for going 90 miles per hour in a 45 mile per hour zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant admitted to drinking two beers and a shot. He was arrested for DUI and subsequently blew a .126 and .121 in the breath machine.
The State Dropped the DUI.
Nov 9, 2009 Case: 08-014310MM10A Judge Lazarus
The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and the defendant stated he had a few drinks. The defendant performed very poorly on the roadside tests almost falling down. He was then arrested for DUI and subsequently blew a .160 and .149 in the breath machine.
The Judge granted the motion and threw out all of the evidence. The State then Dismissed the DUI.
Nov 6, 2009 Case: 08-012530MM10A Judge Ireland
The defendant was found passed out in her car by police. EMS had to wake her up. The officers observed an odor of alcohol and vomit on her front passenger seat. She also stated she drank two shots of bourbon. She was transported to the hospital for clearance. She performed the field sobriety tests at the hospital which she failed all of them. For example, on the walk and turn, she took 24 steps up the line and 23 back instead of the required 9 steps. She also stepped off the line and lost her balance. She subsequently refused the breath test after being released from the hospital.
On the day of the motion hearing, the State Dropped the DUI.
Nov 6, 2009 Case: 08-7749MM10A Judge Cowart
The defendant was sleeping inside a vehicle in the middle of the road. The light cycled several times and the officers approached the car in an effort to wake up the driver. The officers observed an odor of alcohol, bloodshot eyes and slurred speech. On scene, the defendant performed the field sobriety tests, but they were not on video. After performing the one leg stand and walk and turn test she was arrested for DUI. At the jail, she performed the tests. There was a slight discrepancy between the video and the performance at the roadside scene.
The State dropped the DUI.
Nov 3, 2009 Case: 2008-CT-029025AXX Judge Marx
The defendant was involved in a crash in which he rear ended another car. The officer observed an odor of alcohol, slurred/slow speech, and the defendant had a hard time keeping his balance. The defendant refused the roadside tests and the breath test.
The State dropped the DUI.
Oct 29, 2009 Case: 08-019731MM10A Judge Cowart
The defendant failed to stop at a stop sign and almost collided with a police officer. The officer observed a strong odor of alcohol and the defendant was asked to exit the car. The defendant told the officer that she had a long island ice tea and the officer would be sorry. The defendant performed a series of field sobriety tests. On the walk and turn test she counted improperly and failed to stay on the line during the heel to toe portion of the test. On the one leg stand test she complained that her hip was hurting and it was discontinued. The defendant was arrested for DUI and blew a .131 in the breath machine.
The Judge agreed and threw out the breath test. The State subsequently dropped the DUI.
Oct 23, 2009 Case: 07-027271MM10A Judge Robinson
The defendant was stopped while driving through a multi-jurisdictional DUI checkpoint. The initial officer who made contact with her observed a strong odor of alcohol and glassy bloodshot eyes. The DUI officer also noticed a flushed face as well as slurred speech. She then admitted that she was at a club and had three drinks. She performed three field sobriety tests. On the HGN (eye test), the officer observed jerking in the defendant's eyes. On the one leg stand, the defendant placed her foot down four different times. On the walk and turn test the defendant failed to walk heel to toe in a straight line. The defendant was arrested for DUI and blew a .083 in the breath machine.
The motion was granted and all of the evidence was thrown out. The State took an appeal. The appeal was subsequently dismissed and the DUI was dismissed.
Oct 22, 2009 Case: 09-MM-450 Judge Green
The defendant was involved in a one car traffic crash. The car became airborne and struck several trees. The defendant was ejected from the car and the other two people in the car were outside the car when paramedics arrived. They, as well as the defendant, were transported to the hospital. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He admitted drinking while playing golf. Blood was drawn from the defendant which revealed a blood alcohol level of .21.
The DUI was Dismissed.
Oct 22, 2009 Case: 2009-06705MMAWS Judge Marshall
The defendant was stopped for driving to slow and swerving. The officer observed an odor of alcohol and he fumbled with his paperwork. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, he put his foot down, swayed, and used his arms for balance. On the walk and turn, he paused to regain his balance, took the incorrect number of steps, and stepped off the line. He was then arrested for DUI.
The State Dropped the DUI.
Oct 21, 2009 Case: 2009-CM-003275 Judge Lefler
The defendant was stopped after almost nearly colliding with the center median. The officer observed an odor of alcohol and bloodshot eyes. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .171 in the breath machine.
Prior to the motion hearing, the State dropped the DUI.
Oct 20, 2009 Case: 2008-CT-012759AXX (JURY TRIAL) Judge Bonavita
The defendant was stopped for swerving badly within his lane, drifting across the lane dividers, and making quick lane changes over the course of close to 1 3/4 miles. Once stopped, the officers observed an odor of alcohol, red eyes, and slurred/mumbled/sluggish speech. He admitted to having a wine and one scotch and water. The officers observed the defendant to be off balance as he was swaying from front to back and he almost fell after dropping his cell phone. The defendant refused to do the roadside tests after repeatedly asking for a lawyer. After his arrest for DUI, he refused the breath test at the breath testing facility where he again he asked for an attorney.
The Jury found the defendant NOT GUILTY.
Oct 19, 2009 Case: 08-028554MM10A Judge Ross
The arresting officer responded to a shopping mall in reference to a heavily intoxicated male. Upon arrival, the officer made contact with an individual who advised what the defendant was wearing, the type of vehicle he drove and that he was unable to keep his balance on the way to his vehicle. He also advised the officer that it looked as if the defendant hit a parked car while exiting the mall. The officer was advised by police radio that fire rescue was following the defendant and eventually blocked him from moving. When the officer arrived, he exited his vehicle and confirmed that this was the same vehicle and it had fresh paint damage as a result of an accident. The officer observed a strong odor of alcohol, bloodshot eyes, flushed face, slurred speech and extreme unsteadiness. The defendant performed poorly on the walk and turn, finger to nose and rhomberg balance test. He was arrested for DUI. This was his 2nd DUI.
The Judge Granted the motion. The DUI was dismissed.
Oct 15, 2009 Case: 09-505491-CT Judge Gagliardi
The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. The defendant was "unsure" of her footing when she exited the car. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she used her arms, did not count aloud, and missed heel to toe. On the one leg stand, she placed her foot down and used her arms for balance. There was no video of the incident. She was then arrested for DUI.
The State Dropped the DUI.
Oct 14, 2009 Case: CT-002135-XDY Judge Mcneil
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant stated he had two beers. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant put his foot down and used his arms for balance. On the walk and turn, he did not touch heel to toe and lost his balance on the turn. According to the officer, he also did not perform up to standards on the alphabet and finger to nose tests. After his arrest for DUI, he refused the breath test.
The State Dropped the DUI.
Oct 14, 2009 Case: CT-002125-XDY Judge Mcneil
The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having three beers. According to the officer, he performed very poorly on the roadside tests which were video taped. He was then arrested for DUI.
The State dropped the DUI.
Oct 13, 2009 Case: CT-000614-XCM Judge Conrad
The defendant was stopped because of an alleged disturbance in a bar/restaurant. The police stopped the defendant and observed an odor of alcohol, slurred speech, and water/glassy eyes. The defendant told police he drank three whiskey type drinks. According to police, he performed poorly on the roadside tests which were taped. He was then arrested for DUI.
The State Dropped the DUI.
Oct 3, 2009 Case: 2008-CT-017338AXXXMA Judge Drake
The defendant was involved in a traffic crash in which he hit two cars then slammed into a metal guard rail. When the police arrived, they observed an odor of alcohol, bloodshot eyes, and slight swaying. The defendant appeared confused and admitted to having two beers. The defendant performed field sobriety tests at the request of the officer. According to the officer's reports, he failed the HGN (eye test), walk and turn, one leg stand, alphabet, and finger to nose tests. There was no video tape at the scene. After his arrest for DUI, he refused the breath test.
The State dropped the DUI.
Oct 3, 2009 Case: 08-CT-008752-XAM Judge Conrad
The defendant hit a mailbox then left the scene of the accident. Officers located her car and conducted a traffic stop based on a call from a person who witnessed the crash. The officers noticed an odor of alcohol, slurred speech, and she swayed as she stood. According to the officers, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .115 in the breath machine. This was the defendant's second DUI and she was also charged with leaving the scene of an accident (LSA).
The State dropped the DUI and dismissed the LSA.
Sep 30, 2009 Case: 08-019477MM10A Judge Robinson
The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the roadside tests. For example, on the walk and turn, the defendant stepped off the line and used her arms for balance. On the one leg stand, the defendant put her foot down and used her arms for balance. After her arrest for DUI, she refused the breath test.
On the morning of jury trial, the State Dropped the DUI.
Sep 25, 2009 Case: 08-019731MM10A Judge Cowart
The defendant was stopped for running a stop sign and failing to yield right of way to a police car. The officer observed an odor of alcohol and requested the defendant to perform field sobriety tests. She performed the one leg stand and was unsteady throughout the exercise. On the walk and turn, she stepped off of the line and counted her steps incorrectly. She was arrested for DUI and blew a .131 in the breath machine.
The Court Granted the motion. The breath test was excluded from evidence.
Sep 25, 2009 Case: 08-019226CF10A Judge Levenson
The defendant was involved in a front end crash with a tree. An off duty officer ran outside and noticed the defendant behind the wheel with the engine running. He observed signs of intoxication and advised the defendant to remain in his vehicle while the officer retrieved his police radio from his house. The defendant (who lived 5 houses from the officer) left the scene and went home. After getting permission from the defendant's wife to enter the residence, the officers found the defendant buried under his clothing in his closet refusing to get out. Eventually, the defendant was taken outside of the house and he refused all testing. This was a 4TH DUI (felony).
The State dropped the DUI.
Sep 23, 2009 Case: CT-1093-XCM Judge Courtney
The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He had slow movements and had to be asked things over and over. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he refused the breath test.
The State dropped the DUI.
Sep 23, 2009 Case: CT-6801-XAM Judge Courtney
The defendant was stopped for crossing over the center line four times and stopping past the stop bar. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She stumbled backwards as she stood outside the car. The defendant refused the roadside tests and was arrested for DUI. The entire incident was video taped.
Prior to filing a motion to dismiss for destruction of evidence (ie. the video tape), the State Dropped the DUI.
Sep 15, 2009 Case: CT-2259-XDY Judge Conrad
The defendant was stopped or speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were video taped. On the walk and turn, the defendant lost his balance during the instructions, stepped off the line, and did not touch heel to toe. On the one leg stand, he put his foot down and swayed. He also did not perform to standards the finger to nose and balance tests according to the officer. He was arrested for DUI and then refused the breath test.
The State Dropped the DUI.
Sep 14, 2009 Case: 7794-XEJ (JURY TRIAL) Judge Bloom
The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot eyes. He then called for a DUI officer. That officer made similar observations and then asked the defendant to perform the roadside tasks to which the defendant complied. For example, on the walk and turn, he did not touch heel to toe, paused to regain his balance, and started to early. On the one leg stand, he swayed, hopped, and raised his arms for balance. On the estimation of time, he estimated 45 seconds for 30 seconds. After his arrest for DUI, he blew a .091 and .105 in the breath machine.
The Jury found the defendant NOT GUILTY.
Sep 12, 2009 Case: 2009-CT-19218 Judge Drake
The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. Due to the defendant's speed (117 mph), he was ordered at gun point off his motorcycle. The defendant stated he had three drinks. He was arrested for DUI without any roadsides being conducted. He then blew a .102 in the breath machine.
The State Dropped the DUI.
Sep 9, 2009 Case: CT-0531-XCM Judge Courtney
The defendant was stopped for running a red light. This was captured on video tape as was the entire incident. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests for the officer as requested. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn, he lost his balance on the turn, took the incorrect number of steps, and failed to maintain his balance during the instructions. He was then arrested for DUI.
The State Dropped the DUI.
Sep 7, 2009 Case: 09-CT-391 Judge Burgess
The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and unsteadiness. While exiting the car, the defendant stated he had two rum drinks. The defendant performed the roadside tasks at the request of the officer. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .178 in the breath machine.
The State Dropped the DUI.
Sep 6, 2009 Case: 08-14310MM10A Judge Lazarus
The defendant was stopped for making an illegal u-turn as well as fishtailing for 5 seconds. The officer observed an odor of alcohol, bloodshot glassy eyes and slurred speech. The defendant stated he had a few drinks and agreed to perform field sobriety tests. He subsequently failed the finger to nose, walk and turn test and the HGN (eye test). He allegedly failed all three and was arrested for DUI. He then blew a .160 in the breathalyzer.
The motion was granted. All of the evidence was thrown out.
Sep 6, 2009 Case: 48-2007-CT-1332A Judge Clark
The defendant was stopped for weaving and driving up on a curb. The officer noticed an odor of alcohol, the defendant had trouble locating his license, and glassy eyes. The defendant performed the roadside tests. For example, on the walk and turn, he could not hold the instructional stance, stepped off the line, and used his car to regain his balance. After all the roadsides were performed, he was arrested for DUI and then blew .135 in the breath machine.
On the morning of trial, the DUI was Dismissed.
Sep 3, 2009 Case: 1588-XED Judge Seraphin
The defendant was involved in a crash in which the person that hit her left the scene. When the police arrived, they noticed the defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .190 and a .168 in the breath machine.
The State dropped the DUI.
Sep 2, 2009 Case: 8662-XCM Judge Newman
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. On the walk and turn, she did not touch heel to toe and turned incorrectly. On the one leg stand test, she put her foot down four times. On the balance exercise, she estimated 10 seconds for 30 seconds. She was then arrested for DUI.
On the morning of trial, the DUI was dismissed.
Sep 1, 2009 Case: 2008CT026134AXX Judge Keyser
The defendant was stopped by the police as he was driving slowly through a residential neighborhood stopping at different houses. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having 4-5 drinks. When he exited the car, he was off balance. The defendant refused all further DUI testing. This was his second DUI.
After the State read the deposition of the officer and the motion, the DUI was dismissed.
Sep 1, 2009 Case: 07-019193MM10A Judge Lerner-Wren
The defendant was stopped for speeding and making a wide right turn. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. A can and bottle of beer were found in the defendant's car. The defendant further admitted to taking the pain medication Percocet. The defendant submitted to field sobriety tests at the request of the officer. For example, on the walk and turn test, she lost her balance during the instructions, raised her arms for balance, and did not touch heel to toe. On the finger to nose, she missed the tip of her nose, did not keep her eyes closed, and swayed.She was arrested for DUI.
The DUI was dismissed.
Aug 24, 2009 Case: 2009-CT-006143AXXX Judge Derke
The officer stopped the defendant after receiving a call about a disturbance in a lounge. The officer previously observed the defendant staggering to his car. After the stop, the officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused the roadsides and was arrested for DUI. This was the defendant's Third DUI offense.
Prior to trial, the State Dropped the DUI.
Aug 19, 2009 Case: CT-3325-XCO Judge McNeil
The defendant was stopped for speeding and drifting in and out of his lane of travel. The officer observed an odor of alcohol, watery eyes, and he fumbled with his driver's license. Upon exiting the car, he was unsteady on his feet. He performed the roadside tests at the request of the officer. For example, on the walk and turn, he did not touch heel to toe, stepped off the line, and turned incorrectly. On the one leg stand, he swayed and used his arms for balance. The entire incident at the scene was video taped. The defendant was subsequently arrested for DUI and this was his second DUI.
The State Dropped the DUI.
Aug 17, 2009 Case: 9374-XEC Judge Fernandez
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. An open beer can was found in the car. The defendant performed the field sobriety tests as requested. For example, on the walk and turn, he stepped off the line and failed to touch heel to toe. On the one leg stand, he put his foot down, raised his arms, and swayed. After his arrest for DUI, he refused the breath test.
The State Dropped the DUI on the morning of trial.
Aug 6, 2009 Case: CT-8314-XAM Judge Lefler
The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, glassy eyes, and she appeared disoriented. She performed the field sobriety tests at the request of the officer which were video taped. According to the officer, she failed and was arrested for DUI. After her arrest, she blew a .087 in the breath machine.
The State Dropped the DUI.
Aug 6, 2009 Case: 6997-XDG Judge Fernandez
The defendant was involved in a crash in which she failed to yield. The officers observed an odor of alcohol, slurred speech, and watery eyes. Every roadside test was stopped for her safety because she was so off balance and almost falling down. After her arrest for DUI, she blew a .212 in the breath machine.
The State dropped the DUI.
Aug 6, 2009 Case: 341771-W Judge Fernandez
The defendant was stopped for speeding. The officers observed an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance getting out of the car. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. For example, on the one leg stand, he put his foot down, swayed, and raised his arms. On the finger to nose, he never touched his nose. After his arrest, he refused the breath test.
The DUI was Dismissed.
Aug 5, 2009 Case: 08-003093MM10A Judge Murphy
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and the defendant stated he had two beers. The defendant performed the field sobriety tests. For example, on the walk and turn, he missed heel to toe, stepped off the line, and did not touch heel to toe. On the one leg stand, he swayed and used his arms for balance. He was arrested for DUI and then blew a .089 in the breath machine.
The State dropped the DUI.
Aug 4, 2009 Case: 2008-CT-025584AXX (JURY TRIAL) Judge Bosso-Pardo
The defendant was stopped for running a red light and proceeding over railroad tracks as the gate was going up. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to having two red wines. A patrol car with a video camera was called to the scene to tape the defendant's performance on the roadside tasks. On the walk and turn exercise, he could not hold the instructional stance, stepped off the line numerous times, and did not keep his hands by his side. On the one leg stand, the defendant could not perform this task without losing his balance, raising his arms, and putting his foot down several times. He then went on to perform the finger to nose and alphabet tests well. After his arrest for DUI, he refused the breath test. At the station, the officer who was going to administer the breath test, testified he noticed slurred speech, swaying, and a loss of concentration (all of which allegedly occurred prior to the video tape turning on at the station).
The Jury found the defendant Not Guilty.
Aug 4, 2009 Case: 2008-MM-0199554AXX Judge Keyser
The defendant was stopped for making a jerky U-turn and allegedly crossing over the white lane markers two times over a short distance. The alleged weaving was captured on video tape along with the rest of the incident. The officer noticed an odor of alcohol, mumbled speech, glassy eyes, and disorientation. Numerous bottles of wine were found in the car. The officer attempted to conduct the field sobriety tasks. The defendant began the walk and turn but could not maintain her balance and said "I am Done." She was then arrested for DUI. This was the defendant's second DUI.
The State Dismissed the DUI.
Jul 30, 2009 Case: 2009-MM-589-A-K Judge Fowler
The defendant was stopped for speeding. The officer observed the defendant to be disoriented, have slurred speech, and an odor of alcohol. The defendant stated he drank 5-6 beers and should not be driving. The defendant was off balance and performed very poorly on the roadside tests. The entire incident was video taped. After his arrest, he refused the breath test.
Prior to ever filing the motion to dismiss, the State Dropped the DUI.
Jul 22, 2009 Case: 48-09-CT-0000470-0 (JURY TRIAL) Judge Ansbro
The defendant was found passed out in his car by police. Fire rescue arrived to assess the defendant's condition. The officers noticed an odor of alcohol, speech incomprehensible, and glassy eyes. He stumbled when he finally was awoken and got out of the car. The defendant performed the roadside tasks. For example, on the walk and turn, he lost his balance, raised his arms, and almost fell. On the one leg stand, he used his arms, counted wrong, and put his foot down. After his arrest for DUI, he blew a .149 in the breath machine.
After Jury deliberations, the State Dropped the DUI.
Jul 17, 2009 Case: 2008-CT-031277AXX Judge Bonavita
The defendant was stopped after a call alerted police that a fight had allegedly occurred between the defendant and a female. The officers noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant stated he had two drinks. He then performed the roadside tasks as requested. For example on the one leg stand, he almost fell over, hopped, and used his arms for balance. On the walk and turn, he stepped off the line, failed to touch heel to toe, and used his arms for balance. After failing all of them, he was arrested for DUI and then refused the breath test.
The State dropped the DUI.
Jul 14, 2009 Case: 08-009919CF10A Judge Levenson
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and the defendant swaying. The defendant refused the roadside tests and the breath test. This was the defendant's third offense and he was charged with Felony DUI.
On the morning of trial, the State Dropped the Felony DUI.
Jul 12, 2009 Case: 2939-XAV Judge Miranda
The defendant was stopped for driving illegally through a construction zone. The trooper who conducted the stop observed an odor of alcohol. He conducted roadside tests on the defendant and then called for another DUI officer. That officer also conducted roadside tests on the defendant. He observed bloodshot eyes, an odor of alcohol, and slurred speech. The defendant performed poorly on the additional roadside tests was arrested for DUI and then blew a .142 in the breath machine.
On the morning of trial and due to the above problem with the stopping officer's lack of recollection, the State Dropped the DUI.
Jul 12, 2009 Case: CT-3997-ELT Judge Lefler
The defendant was stopped for weaving all over the road and driving off the roadway. The defendant fumbled with his paperwork, had slow movements, and had mumbled speech. He performed poorly on the roadside tasks and was arrested for DUI. The officer believed he was impaired by either a chemical or controlled substance. After his arrest, he gave urine which tested positive for Xanax, numerous other prescription medicines, and Oxycodone.
The State Dropped the DUI.
Jul 5, 2009 Case: 2008-CT-1273TTMA Judge Ritenour
The defendant was stopped for speeding, weaving, and almost hitting a truck. The officer noticed an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant was staggering and unsteady. She refused the field sobriety tests and then refused the breath test.
Prior to the motion, the State Dropped the DUI.
Jun 29, 2009 Case: 1062-XED Judge Fernandez
The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadsides according to the officer. For example, on the one leg stand, he put his foot down and swayed. On the walk and turn, he stepped off the line, failed to touch heel to toe, and did not turn correctly. After his arrest for DUI, he blew a .146 in the breath machine.
The DUI was Dismissed due to the Statute of Limitations.
Jun 24, 2009 Case: 05-018177MM10A (JURY TRIAL) Judge Berman
The defendant was stopped for cutting off two cars and weaving. The officer noticed an odor of alcohol, bloodshot eyes, a flushed face, and slurred speech. The defendant stumbled exiting his car. The defendant performed the field sobriety tests. For example, on the walk and turn, he took 13 steps in one direction and 20 in the other after being instructed to take nine steps. On the finger to nose, the defendant was completely confused how to perform the test. He was arrested for DUI and then refused the breath test.
After jury selection, the State Dropped the DUI.
Jun 24, 2009 Case: 98-004259MM10A Judge Lerner-Wren
The defendant was stopped based on a call about a domestic dispute. The officer observed an odor of alcohol, unsteadiness, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant used his arms for balance, put his foot down, and swayed. On the walk and turn, the defendant did not touch heel to toe and counted improperly. He was arrested for DUI and refused the breath test.
The DUI was Dismissed.
Jun 23, 2009 Case: 359635-X (JURY TRIAL) Judge Ortiz
The defendant was stopped for sleeping in a drive through at a McDonalds. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she was swaying as she stood. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew .083 and .082 in the breath machine.
In the middle of jury selection, the State Dropped the DUI.
Jun 22, 2009 Case: 08-012914MM10A (JURY TRIAL) Judge Lerner-Wren
The defendant was stopped for speeding and stopping in the middle of an intersection. The officer observed an odor of alcohol and bloodshot eyes. He performed the roadside tests at the request of the officer which were video taped. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
The Jury found the defendant Not Guilty in less than fifteen minutes.
Jun 22, 2009 Case: 3338-FLB Judge Ortiz
The defendant was involved in a crash in which he hit a tree after cutting off another car. When officers arrived, they observed an odor of alcohol mumbled/slurred speech, and bloodshot eyes. The defendant failed the field sobriety tests according to the officer and was arrested for DUI. For example, he could only reach the number eight on the one leg stand and lost his balance. On the walk and turn, he stepped off the line and did not touch heel to toe. After his arrest, he blew a .155 and .147 in the breath machine.
Prior to the motion hearing, the State Dropped the DUI.
Jun 22, 2009 Case: 8050-XEJ Judge Bloom
The defendant was stopped for speeding and weaving. The officer observed and odor of alcohol, bloodshot eyes, and he was unsteady exiting the car. He performed poorly on the roadside tests. For example, on the one leg stand, it was stopped for his safety and on the walk an turn, he stepped off the line, took an incorrect number of steps, and could not hold the instructional stance. After his arrest for DUI, he blew .141 in the breath machine.
The State Dropped the DUI on the morning of trial.
Jun 17, 2009 Case: CT-OO144-XCG Judge McNeil
The defendant was found passed out in her car in a parking lot. She had vomit all over herself. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She was swaying when outside the car, had difficulty exiting the car, and was slow to respond to the officer's commands. She refused the roadside tests and the breath test.
The State Dropped the DUI.
Jun 15, 2009 Case: 07-022808MM10A Judge Diaz
The defendant was involved in a crash in which she hit a mail box. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. She failed the walk and turn and one leg stand and was arrested for DUI. The defendant also admitted to taking Xanax and Lexapro on the day in question. After her arrest, she refused the breath test.
The State dropped the DUI.
Jun 15, 2009 Case: 9069-XEJ Judge Arzola
The defendant was stopped for running a stop sign, weaving, and almost hitting a parked car. The officer noticed an odor of alcohol, slurred speech, and she held onto the door for balance. She could not perform any of the roadside tests without losing her balance. After her arrest for DUI, she blew a .173 in the breath machine.
The State Dropped the DUI.
Jun 15, 2009 Case: 0695-XAZ Judge Seraphin
The defendant was stopped for driving through a crash scene which was being investigated by police and she almost hit someone. Upon contact, the officers noticed an odor of alcohol, bloodshot eyes, and slow speech. She failed all the field sobriety tests according to the officer. After her arrest for DUI, she blew a .098 in the breath machine.
The State Dropped the DUI.
Jun 11, 2009 Case: 2008-CT-008021 Judge Miller
The defendant was stopped for striking a curb, swerving, and driving to slow. The officer observed an odor of alcohol, bloodshot eyes, and she stumbled as she walked. She performed poorly on the roadsides tests and was arrested for DUI. After her arrest, she blew a .148 in the breath machine.
The DUI was Dismissed.
Jun 11, 2009 Case: 2009-CT-035931AXXX Judge Murphy
The defendant was stopped for failing to maintain a single lane and speeding. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant performed the roadside tests at the request of the officer which were video taped. According to the officer the defendant performed poorly and was arrested for DUI. After his arrest, he blew a .108 and .105 in the breath machine.
The State dropped the DUI.
Jun 10, 2009 Case: 09-2918CFAES (JURY TRIAL) Judge Siracusa
The defendant was stopped for speeding and running a stop sign. The officer who made the stop observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer made similar observations in addition to slurred speech. The defendant allegedly swayed, had balance problems, and staggered when he walked. He could not keep his balance during the instructional phase of the walk and turn test and the exercise was discontinued. The defendant refused the rest of the tests and was arrested for DUI. He then refused the breath test. This was the defendant's Fourth DUI and he was charged with Felony DUI.
The Jury found the defendant Not Guilty.
Jun 5, 2009 Case: 07-024407MM10A Judge Lazarus
The defendant was allegedly driving the wrong way and nearly struck another vehicle that was believed to be driven by an off duty police officer. She then pulled into a parking lot and the car she nearly struck followed her. The off duty police officer blocked her car in and when she tried to leave, she struck his car. He then called the police. The police arrived and noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, very slurred speech, and she was extremely unsteady on her feet. She refused to perform roadside exercises and a breath test.
The State dropped the DUI due to the lack of credibility of the alleged "off duty officer."
Jun 2, 2009 Case: 2008-CT-027612AXX Judge Keyser
The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking 2-3 glasses of whiskey. He performed field sobriety tests at the request of the officer which were video taped. According to the officer, he performed poorly and was arrested for DUI. At the breath testing facility, he blew a .201 in the breath machine.
Prior to the motion, the State dropped the DUI.
May 20, 2009 Case: 09-01761-MMA Judge Herr
The defendant was found passed out in her car by the police in parking lot. They observed the defendant to have an odor of alcohol, glassy eyes, and thick tongued speech. The defendant was confused where she was located, stumbled upon getting out of the car, and swayed while outside the vehicle. She refused the roadside tasks and after her arrest for DUI she blew a .154 in the breath machine.
The State dropped the DUI.
May 20, 2009 Case: 07-CT-018881AXX (JURY TRIAL) Judge Bosso-Pardo
The defendant was found by the police passed out in his truck parked at a Publix shopping center. When the defendant finally opened the door after a minute of banging by the officer, he had the keys in his hand. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit. The DUI officer made similar observations, along with the observation of the defendant staggering out of the truck. The defendant performed the field sobriety tests at the request of the officer. According to the officer, he failed and was arrested for DUI. The defendant then agreed to give a breath sample. After trying to blow in the breath machine numerous times, but no reading registered, the police called it a refusal. This was the defendant's second DUI.
The Jury found the defendant Not Guilty in less than ten minutes.
May 18, 2009 Case: 317654-X Judge Fernandez
The defendant was stopped for having no brake lights and alleged improper lane changes. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant refused to perform the roadside tasks and was arrested for DUI. He then blew a .215 in the breath machine.
The State Dropped the DUI.
May 18, 2009 Case: 0053-XDK Judge Newman
The defendant was stopped for driving slowly and weaving. The officer noticed an odor of alcohol, glassy eyes, and slow/slurred speech. The defendant performed the field sobriety tests at the request of the officer. For example, on the finger to nose, she did not touch the tip of her nose one time. On the estimation of time test, she only estimated 22 seconds for 30 seconds, used her arms for balance, and swayed. After her arrest for DUI, she refused the breath test.
Pursuant to the Statute of Limitations, the DUI was Dismissed.
May 13, 2009 Case: 48-2007-CT-015567-0 Judge Allen
The defendant was stopped for weaving. The officer noticed the defendant had an odor alcohol, fumbled with his paper work, and admitted to having four beers. He performed poorly on the roadside tests according to the officer which were taped. He then blew a .106 in the breath machine.
The DUI was Dismissed.
May 10, 2009 Case: 5078-XED Judge Newman
The defendant was involved in a crash whereby he backed into another car. The officers noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He performed poorly on the roadside tests, admitted to drinking beer, and was arrested for DUI. After his arrest, he blew a .202 and .192 in the breath machine.
The State Dropped the DUI.
May 6, 2009 Case: 2009-MM-3488 Judge Herr
The defendant was stopped for striking a curb and speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and slow movements. She also held onto the car for support. She performed the roadside tests at the request of the officer. According to the officer, she failed and was arrested for DUI. She then refused the breath test.
The State Dropped the DUI.
May 2, 2009 Case: 2008-CT-6446 (JURY TRIAL) Judge Jancewicz
The defendant was stopped for weaving over the lane markers at least ten times over a two mile period. The officer noticed an odor of alcohol and slurred/mumbled/incoherent speech. Furthermore, the officer observed the defendant swaying as he stood, using his truck for support, and walking slowly. The defendant refused the roadside tests and the breath test.
The Jury found the defendant Not Guilty in Five Minutes.
May 1, 2009 Case: 2008MM021691AXXX Judge Martz
The defendant was found in a ditch off of the roadway. The officer made contact with the defendant and observed an odor of alcohol and bloodshot eyes. He informed the defendant that he was conducting a DUI investigation. He was subsequently arrested for DUI and refused a breath test.
The DUI was dismissed.
May 1, 2009 Case: 08-010263MM10A Judge Ross
The police were dispatched in reference to a black truck parked improperly on the highway with someone sleeping inside. When the police arrived, they made contact with the defendant who was eating "taco bell". The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated that he had four beers and was coming home from a concert. He performed the following field sobriety tests. On the one leg stand the defendant placed his foot down 3 times. On the walk and turn test he failed to touch heel to toe 16 out of 18 times. The defendant was arrested for DUI and blew a .105 in the breath machine.
The State dropped the DUI.
Apr 29, 2009 Case: 2008-CT-006673AXX (JURY TRIAL) Judge Moyle
The defendant was stopped for allegedly weaving three times into the bike lane during a DUI saturation patrol. The officer observed an odor of alcohol and glassy eyes. A DUI officer was called who conducted a DUI investigation. He observed balance problems, an odor of alcohol, and slurred speech. The defendant performed the walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew .10 (over the legal limit) into the breath machine.
The Jury found the defendant Not Guilty.
Apr 27, 2009 Case: 6446-XDX Judge Ortiz
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, slurred/slow speech, and bloodshot/watery eyes. The defendant refused both the field sobriety tests and the breath test.
The State Dropped the DUI on the morning of trial.
Apr 24, 2009 Case: 08-025744MM10A Judge Ross
The defendant was stopped for speeding and drifting within her lane. The officer observed an odor of alcohol, mumbled speech, glassy eyes, and a flushed face. The defendant performed the roadside tasks. For example, on the one leg stand, she lost her balance on number three. On the walk and turn, she started early and did not touch heel to toe. Finally, on the finger to nose, she did not keep her head tilted back and did not keep her feet together. After her arrest for DUI, she refused the breath test.
The DUI was Dismissed prior to trial as the video contradicted everything the officer wrote.
Apr 24, 2009 Case: 07-025830MM10A Judge Diaz
The defendant was found passed out in his car by the police. The officer observed an odor of alcohol, flushed face, and red eyes. When asked for his drivers license, the defendant gave the officer money. The defendant failed every roadside test and was arrested for DUI. After his arrest, he blew a .221 in the breath machine.
The DUI was Dismissed.
Apr 23, 2009 Case: 98-033226MM10A Judge Diaz
The defendant was found asleep in his car by the police. The officer noticed an odor of alcohol, mumbled speech, and he was unsteady and staggering on his feet. He failed all the roadside tests. For example, on the walk and turn, he was off balance during the entire exercise. On the one leg stand, he put his foot down and swayed. After his arrest for DUI, he blew a .113 in the breath machine.
The State dropped the DUI.
Apr 22, 2009 Case: 08-007523MM10A Judge Gehl
The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant refused to conduct roadside tasks at the request of the officer. He then refused the breath test.
The State Dismissed the DUI since they would not be able to prove beyond a reasonable doubt that the defendant's "normal faculties were impaired."
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