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DUI Wins

Our Recent Victories

Jul 4, 2008 Case: 6287-XAE Judge Arzola
The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant stumbled and had to lean against the rear of the car for balance. According to the arresting officer, the defendant failed the field sobriety tests. After his arrest for DUI, the defendant blew a .152 in the breath machine.
On the morning of trial, THE STATE DROPPED THE DUI.
Jul 3, 2008 Case: 07-MM-12592-A Judge Herr
The defendant was stopped for driving on the wrong side of the road. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and slow movements. At the scene, the defendant admitted he was impaired. The incident at the scene was not video taped and the defendant was arrested for DUI. At the jail, the defendant performed roadside tasks on videotape. He then blew a .216 in the breath machine.
THE STATE DROPPED THE DUI.
Jun 30, 2008 Case: 2007-CT-00643-A-M Judge Becker
The defendant was stopped for speeding and weaving. The officer observed unsteadiness, an odor of alcohol, and the defendant appeared confused and disoriented. She performed poorly on the roadside tests and was arrested for DUI. The defendant admitted to drinking vodka and cranberry beverages. After her arrest for DUI, the defendant blew a .194 in the breath machine.
THE STATE DROPPED THE DUI.
Jun 27, 2008 Case: 48-2006-CT-5443-0 Judge Wixtrom
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, red/glassy eyes, and unsteadiness. The defendant performed poorly on the road side tests. For example, on the walk and turn test, he did not touch heel to toe, stepped off the line, and did not turn correctly. The defendant was subsequently arrested for DUI.
THE STATE DISMISSED THE DUI.
Jun 23, 2008 Case: 3204-XDK Judge Fernandez
The defendant was stopped for driving at a high rate of speed and hitting a guard rail. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the road side tests. For example, he stepped off the line numerous times on the walk and turn test and could not even due the one leg stand due to safety concerns. After his arrest for DUI, he blew a .155 in the breath machine and admitted to drinking at least five long island ice teas.
THE STATE DROPPED THE DUI.
Jun 23, 2008 Case: 2008-MM-212-A Judge Eriksson
The defendant was stopped after leaving the scene of an accident after he backed into another car. The officer noticed an odor of alcohol, glassy eyes, and slow/slurred speech. He was arrested for Leaving the Scene of an Accident and DUI. At the station, the defendant was asked to perform field sobriety tests on video tape. He then blew a .125 in the breath machine.
THE STATE DROPPED THE DUI and the defendant received NO conviction on the leaving the scene of the accident charge.
Jun 23, 2008 Case: CT-002251-FMP Judge Barber
The defendant was stopped for continuously weaving within her lane. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tasks which were video taped. The defendant was subsequently arrested for DUI.
THE STATE DISMISSED THE DUI.
Jun 19, 2008 Case: 48-2007CT008979-0 Judge Shoemaker
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed a distinct odor of alcohol, bloodshot eyes and slow-slurred speech. The defendant first performed the walk and turn test. He failed to touch heel to toe on 10 of the 18 steps. On the one leg stand the defendant placed his foot down 3 times. The defendant was arrested for DUI and blew a .150 in the breath machine.
The DUI was dismissed.
Jun 16, 2008 Case: 317624-X Judge Fernandez
The defendant was stopped for continuously failing to maintain a single lane, nearly striking another car, and driving at a slow speed. The officer observed an odor of alcohol, mumbled speech, and bloodshot/watery eyes. The defendant refused the roadside tests and the breath test.
THE DUI WAS DISMISSED BASED ON THE STATUTE OF LIMITATIONS.
Jun 10, 2008 Case: 3919-XDK Judge Newman
The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was then asked to perform the field sobriety tests. According to the officer, the defendant failed the tests. For example, on the walk and turn, he stepped off the line five times and on the finger to nose, he missed the tip of his nose each time. After his arrest for DUI, he refused the breath test. This was the defendant's second DUI.
THE STATE DROPPED THE DUI.
Jun 10, 2008 Case: CT-003674-XCO Judge Lefler
The defendant was stopped at a sobriety checkpoint. Once stopped, the officer noticed an odor of alcohol, slurred speech, and balance problems. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .145 in the breath machine.
THE STATE DROPPED THE DUI.
Jun 6, 2008 Case: 2007-CT-031198AXX Judge Marx
The defendant was stopped for running two red lights. The officer who made the traffic stop, observed an odor of alcohol. He then detained the defendant and called for a DUI unit. The DUI unit arrived and he observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also admitted to drinking four beers. He performed poorly on the field sobriety tests. For example, he stated the alphabet wrong on that test and on the finger to nose task used the wrong hand on two occasions. After his arrest for DUI, the defendant blew a .136 in the breath machine.
THE STATE DISMISSED THE DUI.
Jun 5, 2008 Case: 8377-XCM Judge Newman
The defendant was found by the police passed out in his car in a public parking lot. The keys were in the ignition and the engine was running. It took the officers about a minute just to wake the defendant and they had to bang on the window. Once he awoke, the officers observed an odor of alcohol, slurred speech and bloodshot eyes. The defendant told the officers he was in Fort Lauderdale even though he was parked in South Beach. He failed every roadside test and then blew a .201 in the breath machine after his arrest for DUI.
On the morning of Jury Trial, the STATE DROPPED THE DUI.
Jun 5, 2008 Case: CT-007371-XCF Judge Conrad
The defendant was involved in a traffic crash where she sideswiped another car. When the officer arrived, he observed an odor of alcohol, slurred speech, and balance problems. According to the officer, the defendant failed the roadside tests which were video taped. After her arrest for DUI, the defendant blew a .094 in the breath machine.
Prior to filing a motion to dismiss for the destruction of material evidence, the STATE DROPPED THE DUI.
Jun 3, 2008 Case: 07-1796-CT Judge Collins
The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were not video taped and she was arrested for DUI.
THE STATE DROPPED THE DUI A FEW DAYS BEFORE JURY TRIAL.
May 28, 2008 Case: 07-MM-1564 (JURY TRIAL) Judge Green
The defendant was stopped for weaving in and out of her lane of travel on nine separate occasions. The officer observed and odor of alcohol, slurred/mumbled speech, and bloodshot eyes. When the defendant exited her car, she was unsteady and used the door for support. While standing outside of the car, the defendant had to put her hand on the car for balance. The defendant refused the roadside tests and the breath test. This was the defendant's second DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
May 22, 2008 Case: 07-25342MM10A Judge Cowart
The defendant was stopped for making an illegal right turn at a red light. The officer noticed an odor of alcohol, red eyes, slurred speech, and he had trouble locating his driver's license. When he exited his car, he was very unsteady and then performed very poorly on all the roadside tasks. After his arrest for DUI, he blew a .162 in the breath machine. This was the defendant's second DUI within three years.
The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case. THE STATE DISMSSED THE DUI.
May 19, 2008 Case: 8854-XCM Judge Krieger-Martin
The defendant was stopped for speeding and did not pull over immediately. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the field sobriety tests and then blew a .170 in the breath machine after his arrest for DUI.
ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI.
May 16, 2008 Case: 06-CT-021665AXX Judge Corlew
The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant was unsteady while exiting the vehicle. She performed poorly on roadside tests and was arrested for DUI. After her arrest, the defendant admitted to drinking six beers and blew a .165 in the breath machine.
THE STATE DROPPED THE DUI.
May 11, 2008 Case: 377152-W Judge Arzola
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and low speech. He admitted to having a couple of drinks. The defendant was asked to perform field sobriety tests. For example, on the walk and turn test, the defendant raised his arms for balance, lost his balance during the instructions, and paused to regain his balance. On the finger to nose, the defendant missed the tip of his nose and used the wrong hand. The defendant also performed the one leg stand and rhomberg balance exercises. He was subsequently arrested for DUI. This was the defendant's second DUI.
THE STATE DROPPED THE DUI ON THE DAY OF JURY TRIAL.
May 11, 2008 Case: CT-008657-XAM Judge Courtney
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking five beers. He was asked to perform the roadside tests which were all video taped. According to the officer, he performed poorly and was arrested for DUI. He subsequently refused the breath test.
THE STATE DROPPED THE DUI.
May 9, 2008 Case: 08-CT0007745-0 Judge Miller
The defendant was allegedly involved in a single car accident. Upon arrival the officer observed two men sitting on the curb. The officer asked who was the driver of the vehicle. The defendant responded that he was the driver. The officer observed an obvious odor of alcohol, bloodshot watery eyes and a sway to his stance. In addition, the officer stated that his dexterity was very poor. He then performed four field sobriety exercises. On the walk and turn, the defendant failed to touch heel to toe seven times. He stumbled on steps three and six and he failed to turn correctly. On the one leg stand, he dropped his foot several times and began to hop. On the rhomberg balance test he swayed from side to side. On the finger to nose he failed to touch the tip of his nose on each attempt. He was arrested for DUI and blew a .122 in the breath machine.
The motion was granted and all of the evidence was thrown out.
May 9, 2008 Case: 07-16892MM10A Judge Murphy
The defendant was involved in an accident. The investigating deputy smelled an odor of alcohol and bloodshot eyes. He also admitted to drinking two Bacardi and cokes. The defendant then submitted to field sobriety tests. On the walk and turn test he missed heel to toe and stepped off the line. On the one leg stand he dropped his foot four times. He was subsequently arrested for DUI. This was his 3rd DUI.
The State conceded the motion and dropped the DUI.
May 5, 2008 Case: CT-001677-FMP Judge Lefler
The defendant was stopped for weaving a striking a curb. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. According to the officer, the defendant failed the walk and turn, one leg stand, and finger to nose tests. All the tests were video taped. After his arrest for DUI, the defendant blew a .085 in the breath machine.
THE STATE DROPPED THE DUI.
May 5, 2008 Case: 07-8733MM10A Judge Ireland
The defendant was accused of crossing the median into oncoming traffic causing an accident with possible injuries. The DUI officer observed an odor of alcohol, red and watery eyes, slurred and mumbled speech and unsteadiness. When asked questions, the officer stated that he was disoriented. He refused to perform any testing and was arrested for DUI.
The State dropped the DUI.
Apr 30, 2008 Case: 07-CT-030469AXX Judge Corlew
The defendant was stopped for fishtailing, driving over a curb, and driving on the fog line. The officer observed thick/slurred speech and glassy eyes. The defendant performed very poorly on roadside tests which were video taped. The defendant denied drinking and denied taking any medication. The arresting officer was also a Drug Recognition Expert with specialized training. The arresting officer could not smell any odor of alcohol on the defendant due to a sinus infection. However, there were other officers on the video tape as back ups. The defendant was arrested for DUI and subsequenlty refused the breath test. This was the defendant's second DUI and he was also charged with refusing the breath test for the second time.
The State conceded the motion to suppress and DISMISSED THE DUI AND REFUSAL CHARGE.
Apr 29, 2008 Case: 06-12896MM10A Judge Lerner-Wren
The defendant was the driver in a "roll over" accident. The officer observed an odor of alcohol, bloodshot eyes and droopy eyelids. Despite the accident, the officer still administered field sobriety tests. Based on his performance he was arrested for DUI. He blew a .159 in the breath machine.
The State dropped the DUI.
Apr 28, 2008 Case: 07-CF21727 Judge Reese
The defendant was stopped for speeding. When the officer spoke with the defendant he observed a strong odor of alcohol, bloodshot eyes, dilated pupils and slurred speech. In addition, the officer noticed a clear cup in the center console containing an alcoholic beverage. The defendant performed the one leg stand, walk and turn test as well as the finger to nose. Based on his performance he was arrested for DUI. Also in the center console was a plastic bag with cocaine. He was arrested for DUI and possession of cocaine.
The State dropped the DUI. In addition, the defendant was not convicted of the cocaine charge.
Apr 28, 2008 Case: 89-031278MM10A Judge Ireland
The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, and bloodshot eyes. He also had an open container of beer in the car. The defendant allegedly failed the walk and turn test and was arrested for DUI. He subsequently blew a .160 in the breath machine.
On the morning of trial the State dismissed the DUI.
Apr 28, 2008 Case: 05-016456MM10A Judge Lerner-Wren
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes and that he was unsteady on his feet. He stated he had three beers at "Chili's". On the one leg stand he placed his foot down 4 different times. On the walk and turn test he lost his balance and had gaps on each step. On the finger to nose test he missed the tip of his nose with his finger. He was arrested for DUI and blew a .113 in the breath machine.
The State dropped the DUI.
Apr 23, 2008 Case: 06-022389MM10A Judge Gehl
The defendant was stopped for driving with an obscured tag. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The stopping officer then called for a DUI task force officer. The Task Force officer observed unsteadiness as well. The defendant performed the HGN test (eye test), and refused to perform any further testing. He was subsequently arrested for DUI. This was the defendant's 4th DUI.
The State dropped the DUI.
Apr 15, 2008 Case: 386338-W (JURY TRIAL) Judge Fernandez
The defendant was stopped for improper lane change and weaving. The officer noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all five roadside tasks according to the officer. He then refused the breath test after his arrest for DUI.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Apr 15, 2008 Case: 07-CT-7907 Judge Epperson
The defendant hit a parked car and then left the scene of the accident. A civilian witness saw the crash, however, he could not identify who was driving the car. When the officer arrived, the defendant and his passenger were changing a tire on the car. The officer spoke with the defendant and he admitted to being the driver. The officer then noticed the defendant had an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .110 in the breath machine. The defendant was also charged with leaving the scene of an accident.
On the day of the motion hearing, THE STATE DROPPED THE DUI and he also received NO conviction on the leaving the scene of an accident charge.
Apr 14, 2008 Case: 5398-XDI Judge Arzola
The defendant was involved in a traffic crash where she hit a concrete wall. The officer who arrived on the scene first, observed an odor of alcohol, swaying, and slurred speech. The defendant performed poorly on the roadside tests and then blew a .224 in the breath machine after her arrest for DUI.
THE DUI WAS DISMISSED.
Apr 9, 2008 Case: 2008-CT-001848 Judge Scaglione
The defendant was involved in a rear end collision. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had difficulty following instructions. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew .226 in the breath machine.
PRIOR TO THE MOTION TO SUPPRESS, THE STATE DROPPED THE DUI.
Apr 6, 2008 Case: 06-002941MM10A Judge Lazarus
The defendant was stopped for driving with an obscured tag. The deputy observed an odor of alcohol, flushed face and bloodshot eyes. The defendant admitted to drinking citron vodka and soda. As the defendant exited his vehicle, he grabbed the door for balance. He then performed 3 field sobriety tests. On the HGN test (eye test), the defendant exhibited the onset of nystagmus prior to 45 degrees. On the finger to nose, the defendant missed the tip of his nose on every attempt. On the walk and turn test he was unable to walk a straight line heel touching toe. The defendant was arrested for DUI.
The State dropped the DUI.
Apr 2, 2008 Case: 359805-X Judge Newman
The defendant was observed by the officer weaving on the roadway. The officer put his lights and siren on but the defendant still didn't pull over. After cutting across 3 lanes, the defendant finally stopped. The officer approached the car and smelled a strong odor of alcohol. He then noticed watery eyes and a flushed face. His speech was mumbled as he spoke. He performed the walk and turn test, finger to nose and one leg stand test. He was subsequently arrested for DUI.
The State dropped the DUI on the morning of trial.
Apr 2, 2008 Case: 07-016156MM10A Judge Seidman
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and mumbled speech. He refused both the field sobriety tests and the breath test.
Prior to the motion ever being heard by the Court, THE STATE DROPPED THE DUI.
Mar 31, 2008 Case: 2710-XDP Judge Lindsey
The defendant was stopped for speeding and weaving. It took more than one officer to get the defendant stopped as he was not responding to lights, sirens and a P.A. system. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to coming from a party and drinking. He could not do any roadside tasks due to his highly intoxicated condition.
On the morning of jury trial, the STATE DROPPED THE DUI.
Mar 27, 2008 Case: 06-008818MM10A (JURY TRIAL) Judge Cowart
The defendant was passed out in a motor vehicle with the keys in the ignition and the engine running. The officer observed vomit all over the defendant's shirt and throughout the interior of the car. After speaking with the defendant, the officer noticed a strong odor of alcohol and bloodshot eyes. On video, the defendant's speech was incoherent and he failed each field sobriety test. The defendant was subsequently arrested for DUI. THIS WAS THE DEFENDANT'S SECOND DUI WITHIN SIX MONTHS.
THE JURY FOUND THE DEFENDANT NOT GUILTY IN FOURTEEN MINUTES.
Mar 26, 2008 Case: 06-020679MM10A Judge Robinson
The defendant was stopped for driving 95mph in a 65mph zone. The trooper detected a very strong odor of alcohol, watery eyes, and slurred speech. She was wearing 2 wristbands indicating the clubs she had attended. The trooper asked her to perform field sobriety tests. She responded by saying she did not want to do them because she could not pass them. She was arrested for DUI.
The motion was granted and the case was Dismissed.
Mar 25, 2008 Case: 411325-X Judge Miranda
The officer came into contact with the defendant as he was sitting behind the wheel of his car after crashing into a pole. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and balance problems. According to the officer's reports, he performed poorly on roadside tasks. After his arrest for DUI, he refused the breath test.
THE STATE DROPPED THE DUI.
Mar 25, 2008 Case: 07-4329MM10A Judge Gehl
The defendant was stopped for swerving and causing other vehicles to take evasive action. He then failed to stop for several blocks while the lights and siren were on. The officer contacted the defendant and observed a strong odor of alcohol, bloodshot eyes and swaying as he stood. The defendant performed the walk and turn and one leg stand test and was subsequently arrested for DUI. He blew a .129 in the breath machine.
The State dropped the DUI.
Mar 24, 2008 Case: 07-CT-003721-XAM Judge Barber
The defendant was stopped for driving with only parking lights and stopping at a green light and not moving for several seconds. The officer observed slurred speech, an odor of alcohol, and she fumbled for her driver's license. The defendant allegedly performed poorly on roadside tasks according to the officer which were video taped. She was arrested for DUI and refused the breath test.
THE JUDGE GRANTED THE MOTION AND THREW OUT ALL THE ROADSIDE TASKS. THE STATE SUBSEQUENTLY DISMISSED THE DUI.
Mar 24, 2008 Case: 07-CT-8654-XDK Judge Barber
The defendant was stopped for speeding and drifting into the bicycle lane 4 different times. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant was allegedly unsteady as she exited the car. Prior to the sobriety tests the officer stated that the defendant was slow to respond to questions. On the one leg stand she was swaying, used her arms for balance, and put her foot down three times. On the walk and turn, she failed to stay on the line or walk heel to toe. She then missed her nose 5 times on the finger to nose. She was arrested for DUI and blew a .126 in the breath machine.
The State dropped the DUI.
Mar 24, 2008 Case: 07-CT-8563-XCF Judge Barber
The defendant was pulled over for weaving 3 different times. The officer observed an odor of alcohol and bloodshot watery eyes. The defendant then performed the walk and turn test. The officer stated that he failed to touch heel to toe on steps 7 and 8. On the one leg stand, he placed his foot down 2 times. He was arrested for DUI and blew a .101 in the breath machine.
The State dropped the DUI.
Mar 19, 2008 Case: 06-013841MM10A Judge Gehl
The defendant drove off the highway ramp at a high rate of speed and crashed into the median. The officer made contact with the defendant and observed an odor of alcohol and bloodshot watery eyes. The defendant refused to perform any tests and was arrested for DUI.
The State dropped the DUI.
Mar 19, 2008 Case: 48-2008-CT-000727-0 Judge Miller
The defendant was stopped for drifting and almost striking another vehicle and a curb. The officer noticed an odor of alcohol, bloodshot eyes, and had to take several side steps to catch her balance. The defendant performed poorly on the roadside tests according to the officer which were not video taped. For example, on the walk and turn test, she used her arms for balance, could not keep her balance during the instructions, and did not touch heel to toe. On the one leg stand, the defendant put her foot down four times and swayed. She was arrested for DUI and then refused the breath test.
The State dropped the DUI on the morning of trial.
Mar 12, 2008 Case: 2007-CT-026193ASB Judge Keyser
The defendant was found by the police passed out in his car in an apartment parking lot. He was lying on the front seat with the engine running. Several attempts were made to awaken the defendant. Once awoken, the officers observed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests very poorly on video. For example, he could not recite the alphabet correctly and on the walk an turn test was very off balance as he could not stay on the line and also took an incorrect number of steps. He was arrested for DUI and then blew a .158 in the breath machine.
THE STATE DROPPED THE DUI THE DAY BEFORE JURY TRIAL.
Mar 11, 2008 Case: 3345-XCK Judge Arzola
The defendant was stopped by the police after a security guard noticed her stumbling around a parking lot appearing intoxicated. The defendant then backed her car up almost striking the officer's car. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. She stated she had a few drinks and refused to perform the roadside tasks. After her arrest for DUI, she refused the breath test.
THE STATE DISMISSED THE DUI.
Mar 11, 2008 Case: 511911-W Judge Arzola
The defendant was involved in a traffic crash after running a red light. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking rum and a shot of tequila. She performed poorly on the roadside tasks. For example, on the walk and turn exercise, she missed heel to toe, stepped off the line, and raised her arms for balance. On the one leg stand test, she put her foot down, swayed, and raised her arms for balance. The defendant was arrested for DUI.
ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI.
Mar 11, 2008 Case: 573794-X Judge Fernandez
The defendant was stopped for weaving and failing to stop at a stop sign. Upon stopping, the defendant jumped out of his car and ran. He was found hiding in the back of vacant house. The defendant was arrested for burglary and resisting an officer without violence (ie. running from the police). After securing the defendant, the officer's noticed an odor of alcohol, bloodshot eyes and then charged him with DUI. No field sobriety exercises were conducted. This was the defendant's second DUI.
ON THE MORNING OF TRIAL, ALL CHARGES WERE DISMISSED. As to the burglary, the State could not prove the defendant did not have permission to be on the property. Also, since there was no DUI investigation conducted, the State could not prove beyond a reasonable doubt that the defendant was impaired.
Mar 9, 2008 Case: 2008-CT-006677ASB (JURY TRIAL) Judge Eissey
The defendant was stopped for driving 100 miles per hour in a 45 miles per hour zone. According to the officer, the defendant did not immediately stop. Once the defendant did stop, two officers pulled their guns thinking the car may have been stolen or involved in a crime even though there was no evidence of a crime. One of the officers who made the stop, observed an odor of alcohol, slurred speech, and blood shot eyes. He also testified she almost fell and had to catch herself. He then called for DUI task force officer. When the task force officer arrived, he made similar observations. The entire incident was videotaped. She performed the walk and turn, one leg stand, finger to nose, and alphabet tests. According to the officer she performed poorly and was arrested for DUI. She then refused the breath test.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Mar 9, 2008 Case: 2007-CT-062661AXXX Judge Garagozla
The defendant was stopped for driving east bound in the west bound lane of travel. The officer noticed an odor of alcohol and glassy/watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. For example, on the walk and turn, he stepped off the line and did not touch heel to toe. On the one leg stand, he put his foot down numerous times and the exercise was stopped by the officer. After his arrest for DUI, he blew a .153 in the breath machine.
THE STATE DROPPED THE DUI.
Mar 9, 2008 Case: CT-008923-XCF Judge Courtney
The defendant was involved in a traffic crash in which he hit an electrical pole as he was trying to avoid hitting a dog. The first officer on scene noticed an odor of alcohol and red/watery eyes. The defendant was taken to the hospital for his injuries where the police ordered the defendant's blood be drawn. When the results came back from the lab over the legal limit, he was then arrested for DUI. The defendant's test results revealed a blood alcohol level of .122 and .121.
THE STATE DROPPED THE DUI.
Mar 9, 2008 Case: CT-008980-XCL Judge Courtney
The defendant was stopped for weaving multiple times. The officer observed an odor of alcohol, slow/slurred speech, and bloodshot eyes. The defendant fumbled with his items while handing them over to the officer. He performed poorly on the roadside tests according to the officer which were video taped. For example, on the walk and turn test, he lost his balance on the turn, did not touch heel to toe, and failed to maintain his balance during the instructions. On the one leg stand, he swayed and used his arms for balance. After being arrested for DUI, he refused the breath test. This was the defendant's fourth arrest for DUI.
THE STATE DROPPED THE DUI.
Mar 6, 2008 Case: CT-003149-XAM Judge Conrad
The defendant was stopped for drifting from lane to lane several times. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the walk and turn, one leg, stand, and HGN tests on video tape. According to the officer, he failed all the tasks. The defendant was arrested for DUI and subsequently refused the breath test.
THE STATE DROPPED THE DUI.
Mar 4, 2008 Case: 07-26524MM10A Judge Seidman
The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant submitted to the field sobriety tasks at the request of the officer. On the walk and turn test, the defendant stepped out of the instructional stance and turned incorrectly. On the one leg stand exercise, he put his foot down eight times. He was then arrested for DUI.
JUST PRIOR TO THE TRIAL DATE, THE STATE DROPPED THE DUI.
Mar 3, 2008 Case: 9552-XDJ Judge Krieger-Martin
The defendant was stopped for speeding. The officer noticed an odor of alcohol, thick tongued speech, and bloodshot eyes. The defendant almost fell getting out of the car. He refused all the roadside tasks except the HGN test. After his arrest he refused the breath test. This was the defendant's second DUI within five years.
THE DUI WAS DISMISSED.
Feb 28, 2008 Case: 07-CF-00920 Judge Lopez
The defendant was stopped by the police at a gas station after a BOLO (be on the lookout) went out over dispatch about two men pushing a car and vomiting. The initial officer, who found the defendant behind the wheel, noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. A DUI officer was called who made similar observations. The defendant refused the roadside tasks other than HGN, he became combative, and was arrested for DUI. Subsequently to his arrest, he refused the breath test. The State charged him with FELONY DUI since this was his THIRD DUI within ten years.
PRIOR TO THE MOTION HEARING, THE STATE DROPPED THE DEFENDANT'S THIRD DUI.
Feb 26, 2008 Case: 05-21932MM10A Judge Ireland
The defendant was involved in a traffic crash. The officer observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant refused to perform any tests stating that "it's a joke". He was arrested for DUI.
Motion granted, all evidence was thrown out. The State Appealed, but the defense won the appeal. The State dropped the DUI.
Feb 26, 2008 Case: 07-017359MM10A Judge Ireland
The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. He fumbled while looking for his driver's license and stated he had two wine coolers. He performed poorly on the roadside tests and then refused the breath test. This was the defendant's second DUI.
ON THE MORNING OF JURY TRIAL, THE STATE DROPPED THE DUI.
Feb 25, 2008 Case: 07-CT-9772-XAN Judge Rice
The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and watery eyes. On video tape at the scene, the defendant performed poorly on all the roadside tasks. After his arrest for DUI, he blew a .177 in the breath machine.
THE DUI WAS DISMISSED.
Feb 25, 2008 Case: 07-CT-0668-XCO Judge Rice
The defendant was stopped for speeding. The officer noticed an odor of alcohol, red eyes, and slurred speech. The defendant performed poorly on roadside tests according to the officer which were video taped. The defendant admitted to being "buzzed" and after his arrest refused the breath test.
THE STATE DROPPED THE DUI.
Feb 22, 2008 Case: 07-10530MM10A Judge Ross
A deputy from the sheriff's office heard the sound of a horn consistently honking. The deputy then witnessed the defendant continuously stopping in the roadway for no apparent reason. He then stopped the car and approached the driver's side window. He then observed an odor of alcohol and bloodshot eyes. As a result, he called for a DUI task force officer to conduct an investigation. The officer then conducted field sobriety tests and arrested the defendant for DUI. He subsequently blew a .110 in the breath machine.
The State dropped the DUI.
Feb 19, 2008 Case: 8211-XCM Judge Newman
The defendant was stopped by an officer for playing his radio at an excessive volume. The officer observed bloodshot eyes, an odor of alcohol and a flushed face. He performed the one leg stand, finger to nose, walk and turn, rhomberg balance test as well as HGN (eye test). The officer stated that the defendant did not perform to standards and he was arrested for DUI.
The State dropped the DUI on the morning of trial.
Feb 15, 2008 Case: 06-000376TCA04 Judge Corlew
The defendant was stopped for speeding and running a red light. The defendant stated he was coming from a bar and had two vodka/cranberry drinks and two beers. The officer observed an odor of alcohol, slurred speech, and poor comprehension. The officer also observed the defendant stumble over his words as he talked and an unstable appearance. According to the officer, the defendant performed poorly on the roadside tasks. The entire incident was video taped. After his arrest for DUI, the defendant blew a .123 in the breath machine.
THE DUI WAS DISMISSED.
Feb 12, 2008 Case: 43-2008-CT- 003039-A Judge Roberts
The defendant was stopped for speeding. Upon approaching the vehicle, the officer observed an odor of alcohol, slurred/mumbled speech, and red eyes. The defendant stated he had a couple of beers a few hours before being stopped. He was asked to perform the walk and turn and one leg stand tasks which he agreed to do. On the walk and turn test, he did not touch heel to toe, used his arms for balance, and stepped off the line. On the one leg stand, he swayed and kept his foot on the ground while using his arms for balance. He was subsequently arrested for DUI. This was the defendant's second DUI.
THE STATE DROPPED THE DUI.
Feb 7, 2008 Case: 06-020345MM10A Judge Gehl
The defendant was passed out behind the wheel of his car in the roadway. Fire rescue and the police were called to the scene. The officer observed an odor of alcohol, glassy eyes, and the defendant appeared to be disoriented. The defendant performed roadside tests at the scene and then later at the station. The tasks at the station were video taped. After his arrest for DUI, the defendant blew a .09 in the breath machine.
On the morning of jury trial, THE STATE DROPPED THE DUI.
Feb 6, 2008 Case: 8252-XCM Judge Fernandez
The defendant was stopped for blocking traffic. The officer observed an odor of alcohol, thick tongued speech, and bloodshot eyes. The defendant stated he drank a few vodkas. A bottle of vodka was also found in the car. The defendant performed poorly the roadside tests and then blew a .106 in the breath machine after his arrest for DUI.
THE STATE DROPPED THE DUI.
Feb 6, 2008 Case: 5378-XDL Judge Krieger-Martin
The defendant was stopped at a roadblock sobriety checkpoint in the City of Miami. A South Miami officer working the check point noticed an odor of alcohol and bloodshot watery eyes. The defendant was asked to perform the field sobriety tasks and he complied. On the one leg stand, he put his foot down three times and on the walk and turn test, he took fifteen steps up the line instead of the nine as instructed and ten back. He also stepped off the line two times. After his arrest for DUI by the South Miami officer, he refused the breath test.
On the morning of trial, the STATE DROPPED THE DUI.
Jan 31, 2008 Case: 05-006867TCA04 (JURY TRIAL) Judge Corlew
The defendant was stopped for heavily accelerating from a stopped position in a highly concentrated pedestrian area, speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, slow/mumbled/slurred speech, and poor comprehension. Furthermore, the defendant admitted to drinking two beers, appeared unstable, and had to use the trunk for balance. The defendant refused to do the roadside tasks. Prior to being placed under arrest, he stated he was going home and started to walk away from the officer until he was grabbed and cuffed. After his arrest for DUI, he refused the breath test. This was the defendant's THIRD OFFENSE within a ten year period.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Jan 29, 2008 Case: 07-CT-025493AXX (JURY TRIAL) Judge Johnson
The defendant was stopped for weaving and driving on the lane markers. The officer noticed slurred speech, bloodshot eyes, and large pupils. Believing the defendant was impaired by something, the officer called for a DUI unit. When the DUI unit arrived, she observed an odor of alcohol, slurred speech, a dazed look, and he was unsteady exiting the truck. The defendant also seemed confused by very simple questions according to the officer. The defendant then refused to perform the roadside tasks and subsequently refused the breath test after his arrest for DUI.
After the State rested their case, the defense moved for a judgment of acquittal. (i.e. moved to dismiss the case). The defense argued that the State had not proven the first element of DUI. (i.e. that the defendant was driving or in actual physical control). We argued that since the stopping officer could not ID the defendant as the driver, no one could testify where the keys were located, and the arresting officer never testified that the defendant was in the driver's seat, the State had not met its preliminary burden. THE CASE WAS DISMISSED IN THE MIDDLE OF JURY TRIAL.
Jan 28, 2008 Case: 07-006084MM10A Judge Ireland
The defendant was stopped for weaving on the roadway almost striking a police car. The officer approached the window and observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, she had to be held up by the officer. She couldn't maintain her balance on the walk and turn test. She refused to complete the one leg stand and was arrested for DUI.
The state dropped the DUI on the morning of trial.
Jan 17, 2008 Case: CT-004104-XAM (JURY TRIAL) Judge Barber
The defendant was stopped by the police when the officer observed the defendant's truck to have front end damage, the hood up, and no lights. The defendant had just been involved in a crash just prior to the stop. The crash was never investigated. The officer smelled an odor of alcohol and called for a DUI task force officer. The DUI officer smelled alcohol, observed the defendant swaying and having bloodshot eyes. He also admitted drinking three beers. The defendant refused the roadside tasks and was arrested for DUI. After his arrest, the defendant agreed to submit to a breath test. He blew several times into the breath machine with breath alcohol levels ranging from a .149 to as high a .174.
AFTER SELECTING A JURY FOR THE CASE, THE STATE DROPPED THE DUI.
Jan 12, 2008 Case: 9412-XEC Judge Arzola
The defendant was stopped for weaving and driving without headlights. Upon approaching the car the officer noticed bloodshot eyes, slurred speech and a strong odor of alcohol on her breath. The defendant was asked to step out of the vehicle and was she was unsteady on her feet. The defendant was asked to perform several field sobriety tests. On the walk and turn test she failed to walk on the line and never touched heel to toe. On the one leg stand test she placed her foot down two times. On the finger to nose test she failed to touch her nose 5 out of 6 times. She was arrested for DUI.
THE STATE DROPPED THE DUI ON THE MORNING OF TRIAL.
Jan 12, 2008 Case: CT-009097-XAM Judge Thomas
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred/thick tongued speech, and glassy eyes. According to the officer, the defendant fumbled while looking for his license and was unsteady while standing outside of the car. He then performed the walk and turn and one leg stand tests. For example, on the walk and turn, the defendant did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down and swayed. An open bottle of Coors light was found in the car. The whole incident was captured on video. After his arrest for DUI, he refused the breath test.
THE STATE DROPPED THE DUI PRIOR TO TRIAL.
Jan 4, 2008 Case: 2007-CT-020780AXX (JURY TRIAL) Judge Eissey
The defendant was stopped for speeding and weaving. The officer who made the traffic stop, observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then called for a DUI task force officer to conduct a DUI investigation. When the DUI officer arrived, he made similar observations. Further, he also noticed the defendant swaying while standing and walking with balance problems. The defendant agreed to perform the HGN (eye test) then refused any further field sobriety testing and the breath test. He also admitted to drinking four beers. This was the defendant's SECOND DUI and his prior DUI was a Felony DUI with Serious Bodily Injury.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Jan 4, 2008 Case: 07-CT-1828-XCM Judge Conrad
The defendant was stopped for fleeing the police. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant refused to perform any sobriety tests and was arrested for DUI.
The State dropped the DUI.
Jan 4, 2008 Case: 07-CT-1702-XCM Judge Conrad
The defendant was stopped for backing up against traffic and almost striking another vehicle. The officer observed an odor of alcohol and bloodshot watery eyes. On the walk and turn test she failed to touch heel to toe. On the one leg stand she hopped during the test. On the finger to nose, she failed to touch the tip of her finger to the tip of her nose. She was arrested for DUI and blew a .125 in the breath machine.
The State dropped the DUI.
Jan 2, 2008 Case: 2005CT016686 (JURY TRIAL) Judge Boyleston
The defendant was stopped for driving eastbound in the westbound lanes and driving onto the grass. The officer observed an odor of alcohol, and the defendant admitted to drinking 4 drinks. His eyes were also glassy and dilated. The defendant performed the one leg stand, walk and turn and finger to nose test. He was subsequently arrested for DUI and blew a .096 in the breath machine.
The State subsequently dropped the DUI.
Dec 20, 2007 Case: 2007-CT-031099AXX Judge Johnson
The defendant was involved in a traffic crash. The officer who arrived first, observed the defendant to be passed out behind the wheel. When the defendant awoke, the officer observed red eyes, slurred/slow speech and confusion. The officer attempted roadside tasks, but the defendant kept falling asleep. For safety reasons, no tests were conducted. The defendant was arrested based on the officer's belief he was impaired by a chemical and/or controlled substance.
THE DUI WAS DISMISSED.
Dec 13, 2007 Case: 07-CT-003861-XAM Judge Conrad
The defendant was stopped for weaving and braking for no reason. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking four beers. On video, the defendant performed the walk and turn and one leg stand tests. According to the officer, he performed poorly and was arrested for DUI. After his arrest, he blew a .110 in the breath machine.
THE STATE DROPPED THE DUI PRIOR TO TRIAL.
Dec 13, 2007 Case: 07-007313MM10A Judge Seidman
The defendant was stopped for speeding and drifting between two lanes. After the officer activated his overhead lights, the defendant continued driving for another 6 blocks. The officer observed an odor of alcohol, bloodshot eyes and mumbled speech. He performed the HGN (eye test), walk and turn test and the one leg stand. Based on his performance on the field sobriety tests he was arrested for DUI.
The State dropped the DUI.
Dec 11, 2007 Case: 3043-XDH Judge Krieger-Martin
The defendant was stopped for weaving and almost striking 2 different vehicles. The officer noticed a strong odor of alcohol, bloodshot/watery eyes and slurred speech. The defendant allegedly held onto the door for balance as he exited the car. He then performed the walk and turn test, and the one leg stand. He was subsequently arrested for DUI and blew a .168 in the breath machine.
The State dropped the DUI on the morning of trial.
Dec 3, 2007 Case: 489176-X (JURY TRIAL) Judge Lindsey
The defendant was stopped for driving on the center lane marker and constantly hitting his brakes for no reason. Once stopped, the officer observed an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. The defendant failed the field sobriety tests at the scene. For example, on the walk and turn, he stepped off the line, turned incorrectly, and did not touch heel to toe. On the one-leg stand, he swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .082 in the breath machine.
The Jury found the defendant NOT GUILTY.
Dec 3, 2007 Case: CT-001385-XCG Judge Conrad
The defendant was stopped for being involved in an accident. Prior to stopping the defendant, the officer noticed a heavily damaged vehicle. The officer observed an odor of alcohol, bloodshot eyes and extremely slurred speech. Also, he was very unstable on his feet. All of the observations were captured on video. The defendant refused all testing and was arrested for DUI. In the police car he continuously banged his head against the cage. He was eventually hogtied for his safety.
At the motion to dismiss, the State dropped the DUI.
Dec 2, 2007 Case: 06-CT-1319-XCG Judge Lefler
The defendant was stopped for speeding and drifting from lane to lane. The officer observed an odor of alcohol and bloodshot, glassy eyes. A DUI unit was called to the scene and that officer made similar observations. The defendant performed field sobriety exercises on video tape at the scene. In the officer's reports, he wrote that she failed all the tests including the walk and turn, one leg stand, finger to nose, and rhomberg balance exercise. The defendant refused the breath test after her arrest for DUI.
The State dropped the DUI.
Nov 30, 2007 Case: 2006-CT-003913AXX Judge Bosso-Pardo
The defendant was stopped for driving off the roadway and speeding. The initial officer observed an odor of alcohol and then called for a DUI unit. The DUI officer observed an odor of alcohol, thick tongued speech, and unsteadiness exiting the car. The defendant refused to perform the field sobriety tests, however, blew a .113 in the breath machine after the arrest for DUI.
THE STATE DROPPED THE DUI.
Nov 19, 2007 Case: 384638-W Judge Newman
The defendant was involved in a car accident whereby he sideswiped another car. Upon arrival, the officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having four beers and had difficulty standing. The defendant was unable to perform any roadside tasks due to his condition. After his arrest for DUI, he blew a .164 in the breath machine.
THE STATE DROPPED THE DUI.
Nov 19, 2007 Case: 3068-XDH Judge Newman
The defendant was observed by the police nearly striking a pedestrian crossing the street after running a red light. The officer noticed an odor of alcohol, slurred speech and a flushed face. The defendant admitted to drinking two cups of wine. He performed poorly on the field sobriety tasks and then refused the breath test. The defendant was very insulting towards the arresting officer during the entire investigation.
ON THE MORNING OF TRIAL, THE DUI WAS DISMISSED.
Nov 19, 2007 Case: 2749-XDP Judge Krieger-Martin
The defendant backed her car into an un-marked police truck outside a bar which caused damage to both vehicles. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She refused the roadside tests as well as the breath test.
THE STATE DROPPED THE DUI ON THE MORNING OF TRIAL.
Nov 16, 2007 Case: 07-001276MM10A Judge Pollack
The defendant was involved in a hit and run accident. The officer who stopped the defendant observed an odor of alcohol, slurred speech, and she was swaying from side to side. The DUI task force officer conducted the following field sobriety tests. On the walk and turn test, she lost her balance during the instructional stance and stepped off the line. On the finger to nose exercise, she failed to keep her eyes closed and was swaying. She refused to perform the one leg stand. The defendant was arrested and blew a .124 in the breath machine.
The State dropped the DUI.
Nov 15, 2007 Case: TT07-4697-BA Judge Green
The defendant was involved in a crash in which he was ejected from the vehicle and landed seventy feet away from car. When the officer arrived, the defendant was being treated by medical personnel. The officer observed an odor of alcohol, mood swings, and the defendant was combative. At the scene, the defendant stated his friend was driving. At the hospital, he then admitted to being the driver involved in the crash. Medical blood was drawn from the defendant at the hospital.
Prior to the motion hearing, the State stipulated to the motion to exclude the statements. Thus, the State could not prove the defendant was the driver of the car without the statements. THE STATE THEN DROPPED THE DUI.
Nov 15, 2007 Case: 06-009480CF10A Judge Kaplan
The defendant was stopped for swerving all over the road almost causing several accidents. The officer observed a strong odor of alcohol, bloodshot eyes and flushed face. When he exited the car, the officer noticed that he was swaying from side to side. The DUI officer arrived and asked the defendant to perform field sobriety tests. On the walk and turn test, the defendant failed to walk heel to toe, and was off the line on every step. On the one leg stand the defendant placed his foot down several times. On the finger to nose test, he used the wrong hand and never touched his nose. The defendant was charged with 4th offense felony DUI.
Motion Granted. Case Dismissed.
Nov 14, 2007 Case: 07-CT-000600ASB Judge Damico
The defendant was stopped for running a red light. The officer observed slightly slurred speech, an odor of alcohol, bloodshot eyes, and a dazed look upon his face. The defendant stated he drank two Jack Daniels cocktails. The defendant performed poorly on field sobriety tasks according to the officer. After his arrest for DUI, he blew a .101 in the breath machine.
THE STATE DROPPED THE DUI.
Nov 12, 2007 Case: 05-036889TCA08 (JURY TRIAL) Judge Cohen
The defendant was stopped for weaving and changing speeds for almost three miles. The officer observed an odor of alcohol, slurred speech, and a sway to his stance when he was out of the car. The defendant refused roadsides and appeared to be disoriented. During the officer's time with the defendant, he appeared to be paranoid and delusional. He was talking about conspiracy theories, cops stealing his identity and car, and buried weapons. The defendant admitted coming from a bar and after his arrest for DUI refused the breath test.
THE JURY FOUND THE DEFENDANT NOT GUILTY.
Nov 10, 2007 Case: 07-000245MM10A Judge Diaz
The defendant was stopped for allegedly drifting and failing to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI task force officer to conduct the criminal investigation. After field sobriety tests, the officer arrested the defendant for DUI. He blew a .204 in the breath machine. This was his 2nd offense for DUI.
The State dropped the DUI.
Nov 10, 2007 Case: 07-000349MM10A Judge Ireland
The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer completed field sobriety tests and arrested the defendant for DUI. A urine test revealed cocaine, cannabis, xanax and benzodiazepam.
The State dropped the DUI just prior to the motions being argued.
Nov 9, 2007 Case: 07-CT-003435-XAM Judge Conrad
The defendant was stopped for weaving and following vehicles too closely. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant performed the roadside tasks which were captured on video. On the walk and turn test, he took an incorrect number of steps and appeared wobbly. On the one leg stand, he hopped numerous times. After his arrest for DUI, he refused the breath test.
The State dropped the DUI.
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