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The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving.
Parks & Braxton took a deposition of the arresting trooper. The deposition revealed several inconsistencies between his testimony and his reports. In addition, the State could not prove that the defendant was above the legal limit at the time she was driving since the test was approximately one hour later.
The State dropped the DUI on the morning of trial.
The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit).
Parks & Braxton filed a motion to suppress. In our motion, we alleged that the defendant was illegally ordered out of the car. On the day of the hearing, the State conceded the motion.
The State Dropped the DUI.
The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.
Parks & Braxton filed a motion to suppress on several grounds including an unlawful arrest. At the motion, the officer agreed to the facts above including the improper statement. In addition, the officer agreed that he told the defendant that if he refused that he would jerk him out of the car through the window.
The motion to suppress was granted. The DUI was Dismissed.
The defendant was stopped for driving his motorcycle without eye protection. The officer observed an odor of alcohol, slurred speech, and red eyes. According to the officer, he did not perform the roadside tests up to standards which were video taped. He was arrested for DUI and then refused the breath test.
Parks & Braxton did a pre-trial investigation and discovered evidence that resulted in the State dropping the DUI charges.
The Defendant received No DUI conviction on his record.
The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest.
At jury trial, Parks & Braxton pointed out to the jury that the State presented a lack of evidence by not bringing in any fire rescue workers who initially found the defendant and saw his condition. Also they did not bring in any fire rescue reports, whether the defendant was initially sleeping, and no evidence of how the keys even got on the dashboard. Our other argument to the jury was that the defendant was not in actual physical control of the vehicle because when the officer approached the car the defendant had no "capability" of operating a car without keys in his hands nor in the ignition.
The Jury found the defendant Not Guilty.
The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine.
On the morning of trial, the State could not place the defendant in actual physical control of her car and/or under the influence at the time of the crash.
The DUI was Dismissed.
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