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DUI Wins

Our Recent Victories

Oct 15, 2002 Case: 388103-W Judge Hernandez
The defendant was involved in an accident. Defendant failed the roadside tests and blew a .086.
Based on the lack of officer credibility, the DUI was dropped to a reckless driving.
Oct 14, 2002 Case: 01-121AC10A Judge Murphy / Cohn
The defendant was seen by civilians driving all over the road. Upon arrival, the police observed the defendant's car stopped in the entrance to a construction site. The defendant was passed out behind the wheel with the engine running. The defendant failed roadside tests. (3rd Offense for DUI)
Judge Murphy dismissed the charges.
Oct 12, 2002 Case: 061507-J Judge Pando
The defendant was involved in an accident on I-95 and fled the scene after hitting another vehicle. He was later found by the police on the side of the interstate about 300 yards away from the accident site standing outside his vehicle which had a flat tire and exterior damage. He was arrested for Leaving the Scene of and accident and DUI as the officers observed alcohol on his breath and slurred speech. There were four officers involved in the investigation. Depositions were taken of each officer and they all gave different version of the events of that evening. For example, one officer stated the defendant had balance problems while another officer stated he did not. One officer stated the defendant had slurred speech and another officer stated his speech was good.
The State dropped the DUI and the Leaving the Scene charge and the defendant received no convictions on his record.
Sep 29, 2002 Case: 02-4529MM10A Judge Zack
The Defendant was arrested for DUI and blew a .163/.158.
Judge Zack granted the motion to suppress the breath test.
Sep 23, 2002 Case: 318523-X Judge Figarola
The defendant was driving at a high rate of speed almost causing an accident. The officer observed mumbled speech, an odor of alcohol and balance problems.
The State dropped the DUI charge. The defendant has no conviction on his record.
Sep 19, 2002 Case: 252155-W Judge Reyes
The defendant was stopped for running a red light. Odor of alcohol, bloodshot eyes, swaying side to side, bottle of beer in the car. (3rd offense for DUI). The defendant refused to perform roadsides and refused to take a breath test.
The State dropped the DUI.
Sep 13, 2002 Case: 02-003280MM10A Judge Lazarus
The defendant was stopped for weaving. Odor of alcohol, slow speech, stumbled out of car, bloodshot watery eyes.
The State dropped the DUI. The defendant has no conviction on his record.
Sep 9, 2002 Case: 01-029462MM10A Judge Lazarus
The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and his speech was slurred. The defendant failed all sobriety tests. A beer can was found inside the car.
The State conceded the motion and dropped the DUI charge. The defendant has no conviction on his record.
Sep 9, 2002 Case: 7635-BNX Judge Pando
The defendant was pulled over for running a red light and making an illegal U-turn. He had an odor of alcohol on his breath and bloodshot eyes. He took a breath test and blew under the legal limit. However, he tested positive for cocaine and marijuana from a urine test.
The State dropped the DUI.
Sep 9, 2002 Case: 085545-J Judge Bloom
The defendant was involved in an accident and left the scene. He was subsequently stopped by police. The officers smelled alcohol on the defendant's breath and observed slurred speech. He was arrested for DUI and Leaving the Scene of an Accident. He took a breath test after his arrest and blew over the legal limit. This was the defendant's second offense.
The State dropped the DUI.
Sep 9, 2002 Case: 02-001940MM10A Judge Lazarus
The defendant was failing to maintain a single lane. Officer observed odor, bloodshot eyes, slurred speech and poor balance at the scene. The defendant blew a .147/.141. (4th offense for DUI)
The State dropped the DUI charge to a reckless driving.
Sep 9, 2002 Case: 02-003367MM10A Judge Lazarus
The defendant was driving without headlights and failing to maintain a single lane. Odor of alcohol, bloodshot eyes, slurred speech, and admitted to 6 drinks.
The State dropped the DUI to a reckless driving.
Aug 28, 2002 Case: 01-023514MM10A Judge Gehl
The defendant was stopped for driving without headlights and running through a stop light. The defendant staggered out of her vehicle and was crying periodically. Odor, bloodshot eyes, slurred speech. The defendant admitted to drinking "a lot".
The State dropped the DUI to a reckless driving.
Aug 27, 2002 Case: 01-027781MM10A Judge Gehl
The defendant was stopped for weaving. Odor, bloodshot eyes, flushed face, slurred speech. The defendant failed sobriety tests and blew a .161.
The state dropped the DUI to reckless driving.
Aug 23, 2002 Case: 381097-W Judge Hernandez
The defendant was stopped for almost running a pedestrian off the roadway. The officer noticed alcohol on the defendant's breath, slurred speech, and bloodshot eyes. He performed several roadside tasks poorly according to the officer and took a breath test which he blew over the legal limit.
The State conceded the motion and dropped the DUI.
Aug 19, 2002 Case: 297054-X Judge Krieger-Martin
The defendant was stopped for almost backing into another vehicle. The officer observed alcohol on her breath, slurred speech, and bloodshot eyes. She admitted coming form south beach. She performed several roadsides and blew a .146 in the breath machine.
The State dropped the DUI and she received no conviction on her record.
Aug 7, 2002 Case: 409914-X Judge Mills-Francis
The defendant was involved in an accident. He performed roadsides and blew a just above the legal limit.
The defendant received no DUI conviction on his record.
Jul 29, 2002 Case: 318506-X Judge Pando
The defendant was stopped for speeding and crossing over the double yellow lines. The defendant stated “there was no way he could pass a breath test.” He performed poorly on the walk and run. one leg stand, and finger to nose. He refused a breath test.
The State dropped the DUI.
Jul 25, 2002 Case: 01-17563MM10A Judge Diaz
The defendant nearly collided with a barricade and was weaving all over the road. The defendant staggered out of the vehicle and failed all sobriety tests. The defendant provided a urine sample which tested positive for tranquilizers.
The State dropped the DUI to a reckless driving.
Jul 23, 2002 Case: 02-004971MMA99 Judge Ciklin
The defendant stopped for drifting into the northbound lane on several occasions. Odor, bloodshot eyes, slurred speech. The defendant failed all sobriety tests and refused a breath test. The defendant also had a pipe with him and was charged with paraphernalia.
Judge Ciklin granted the motion and all of the charges were dropped.
Jul 19, 2002 Case: 01-026696MM10A Judge Lazarus
The defendant was stopped for speeding. Odor, bloodshot eyes, slurred speech. The officer wrote in his report that the defendant failed the sobriety tests.
The State dropped the DUI to a reckless driving.
Jul 8, 2002 Case: 136436-J Judge Bloom
The defendant was parked on the shoulder of the road. The trooper pulled up behind her vehicle with her overhead police lights on. The defendant performed poorly on roadsides and was arrested for DUI. The defendant did not take a breath test.
State conceded the motion and the defendant received no conviction on her record.
Jun 26, 2002 Case: 01-026263TCA08 Judge Moyle
The State dropped the DUI to a reckless driving.
Jun 26, 2002 Case: 01-028334TCA99 Judge Damico
The State dropped the DUI to a reckless driving.
Jun 17, 2002 Case: 260450-W Judge Krieger-Martin
The case was dismissed.
May 28, 2002 Case: 061432-BDY Judge Mills-Francis
The State dropped the DUI to a reckless driving.
May 22, 2002 Case: 01-026265TCA99 Judge Ciklin
The State dropped the DUI to a reckless driving.
Apr 10, 2002 Case: 02-013051TCA99 Judge Moyle
The defendant was stopped for running a stop sign. Police observed odor, bloodshot eyes, and a statement "Yea I'm drunk again". The defendant refused all testing. (3rd offense for DUI).
Motion to dismiss granted for destruction of evidence. All charges dismissed.
Jan 11, 2002 Case: 01-022818MM10A Judge Cowart
The Defendant was observed weaving on Oakland Park Blvd. Defendant stumbled out of car. Defendant admits to drinking "shots".
The State dropped the DUI. The defendant has no conviction on her record.
Case: STATE V. J.J. Judge

The defendant was charged with three counts of battery by strangulation. He was facing Florida State prison time if convicted.

The defense got all charges dismissed prior to the case even entering the justice system.

Case: STATE V. P.V. Judge

The defendant was charged with domestic aggravated assault and aggravated stalking. He was alleged to have went to the victim's house, violated a restraining order, and chased her with a knife in front of three witnesses.

The defendant received no jail, no prison, and no felony conviction on his record.

Case: STATE V. A.R. Judge

The defendant was stopped by the police as he was walking down the road to watch a meteor shower on the beach. The police found him to appear suspicious and patted him down. In doing so, they found a glass pipe commonly used for smoking marijuana. The defendant was charged with possession of drug paraphernalia.

Prior to trial, the defense argued there was no reason to have patted him down under Florida law as he did not appear to be armed and dangerous. Thus, there was unreasonable search and seizure. The charge was Dismissed. Read the paraphernalia was not being used for the purpose of "illicit drug usage."

Case: STATE V. M.M. Judge

The defendant was charged with felony possession of cocaine. It was found in her purse after being arrested for DUI.

The defendant received no felony conviction, no jail, no probation and no two year driver's license suspension.

Case: STATE V. W.H. Judge

The defendant was stopped for driving through a restricted area in a park. The officer smelled marijuana in the car. A subsequent search revealed marijuana cigarettes in the car. He was arrested for possession of marijuana.

The defendant received no conviction, no probation, no jail, and no two year driver's license suspension for a drug conviction.

Case: STATE V. N.M. Judge

The defendant was charged with possession of cocaine. The drugs were found in her purse after her arrest for DUI.

The defendant received no felony conviction, probation, license suspension or jail.

Case: STATE V. C.B. Judge

The defendant was charged with possession of marijuana.

The defendant received no conviction, no probation, and no jail. Also, since he was NOT convicted, he did not receive a two year driver's license suspension. On a drug charge, if a person is convicted, they can lose their D/L for two years.

Case: STATE V. V.R. Judge

The defendant was charged with burglary of a vehicle. He was seen jogging and then identified as entering a vehicle. He was arrested for burglary and faced up to five years in prison.

The defense took pre-trial depositions of all witnesses. The eye witness could not positively identify the defendant at the depo as the person entering the car and there were no fingerprints taken off the car. The State dismissed the case due to a lack of evidence based on the depositions.

Case: STATE V. E.C. Judge

The defendant was charged with two counts of sale of marijuana. He was alleged to have been selling the drugs out of his college dormitory room. He faced up to 10 years in State prison if convicted.

The defendant received no felony convictions and no jail time.

Case: STATE V. P.H. Judge

The defendant was charged with felony driving on a suspended license because his license was permanently revoked for numerous DUI's. He faced up to five years in prison if convicted.

The defendant received no felony conviction, no probation, and no jail time.

Case: STATE V. R.N. Judge

The defendant was charged with possession of marijuana. After a lawful traffic stop, the officer observed the pot in the car. There were two individuals in the car, including the defendant. No one admitted to ownership of the drugs.

On the day of trial, the defense showed the State the case law supporting our position that the defendant could not have been in constructive possession of the of the drugs. The State dismissed all the charges.

Case: STATE V. S.M. Judge

The defendant was stopped for running a stop sign. The officer smelled burning marijuana from the car. The defendant admitted smoking the pot and also swallowed some of it. The officer also found more pot and cocaine in the car. The defendant was arrested for possession of marijuana, possession of cocaine, and destruction of evidence.

The defendant received no felony convictions on his record and no jail time.

Case: STATE V. C.O. Judge

The defendant was charged with possession of cocaine. He allegdly threw down a baggie of cocaine after being stopped for driving recklessly. He faced up to 5 years in prison for the third degree felony.

The defendant received NO felony conviction and only had to pay court costs.

Case: STATE V. A.G. Judge

The defendant was charged with grand theft for allegedly stealing money from his employer. If convicted, the defendant faced up to five years in prison.

The defendant only received one day of probation and no felony conviction on his record.

Case: STATE V. G.M. Judge

The defendant was arrested on charges of child abuse, aggravated battery and domestic violence.

The defendant was alleged to have struck his spouse. His children were supposedly present when the aggravated battery took place. The defense was successful in having all charges dismissed.

Case: STATE V. D.G. Judge

The defendant was charged with Carrying A Concealed Firearm & Obstruction Of Justice.

The defendant approached the officers while they were investigating a possible drug transaction. The defendant began to question why the officers were "messing" with the subject. After requesting the defendant to leave the area he was eventually taken into custody for obstruction of justice. A pat down search later revealed a fully loaded 9mm firearm. After conducting an independent investigation and deposing each of the witnesses, the defendant was not convicted of any charges. The gun was returned to the defendant.

Case: STATE V. A.F. Judge

Armed Robbery

The defendant was charged with armed robbery facing 30 years Florida state prison. The defense had the charges reduced to battery, and the defendant received no jail.

Case: STATE V. J.L. Judge

Loitering, Prowling

The defendant and his passenger were parked at 3:22 a.m. behind a series of closed businesses. As an officer approached, the defendant drove away. The officer followed the defendant and eventually stopped him driving in reverse down an alley. A hammer, gloves and a chisel were found in the vehicle. The defense filed a motion to suppress based on an unlawful stop. The motion was granted and the evidence was thrown out.

Case: STATE V. R.R. Judge

Sexual Battery, Burglary with an Assault and Battery

The defendant was charged with Sexual Battery and Burglary with an Assault and Battery. He faced Life in prison. At trial, the alleged victim testified that her underwear was ripped, that she scratched the defendant’s back causing severe marks, and that he broke in without permission. The two did know each other. The defendant testified she let him in the house after calling him to come over that night and the sex was consensual. Upon cross examination of the lead detective, he testified he found no ripped underwear and no scratches on the defendant’s back corroborating the victim’s story. The defendant was found not guilty on all counts.

Case: STATE V. H.M. (NOT JURY TRIAL) Judge

Felony Fleeing, Eluding the Police

The defendant was charged with felony fleeing and eluding the police and faced up to five years in prison. The defendant received no felony conviction on his record, no probation, and not one day in jail.

Case: STATE V. C.S. Judge

Aggravated Battery with a Deadly Weapon

The defendant was charged with aggravated battery with a deadly weapon (a knife). He faced up to 15 years in State prison. The defendant was cab driver who picked up some drunken men. They got very rowdy in the cab and he asked them to get out. The men refused ton leaved the taxi and they all jumped him. He then pulled a knife in self defense cutting one of the men. At trial on cross examination, all the men in cab gave different versions of what happened outside the taxi prior to and during the stabbing. The jury found him not guilty.

Case: STATE V. J.M. Judge

Felony Leaving the Scene of an Accident

The defendant was charged with felony leaving the scene of an accident. He faced up to five years in prison. At trial, the defense argued the defendant did not leave the scene and simply went down the road to call for help. The jury found him not guilty.

Case: STATE V. M.H. Judge

Lewd and Lascivious Act on a Child Under 16 Years Old

The defendant was charged with Lewd and Lascivious Act on a Child under 16 years old. The defendant faced up to 15 years in prison. At trial, the defendant testified the alleged act never took place and that his teenage daughter hated him for always trying to discipline her. The defense was able to impeach her with her pre-trial testimony numerous times to attack her credibility. The jury believed the defendant and found him not guilty.

Case: STATE V. E.W. Judge

Robbery in the Second Degree

The defendant was charged with robbery in the second degree and faced up to 15 years in State prison. He was alleged to have robbed a jewelry store. An FBI agent became involved in the case and showed only one picture of a suspect to the victim in the store. That picture just so happened to be the defendant so she said it was him who robbed her. At trial, the defense argued the agent should have showed a photo pack with more than one picture and only showing one photo was very suggestive. The jury agreed and found the defendant not guilty.

Case: STATE V. E.S. Judge

Felony Animal Cruelty

The defendant was charged with felony animal cruelty for allegedly throwing cats out his car window on a busy highway. He faced five years in prison. The defendant testified at the trial that the stray cats were actually hiding under the truck as they always hid under his truck at his trailer park as they did under other cars in the park. The defense also argued it was ridiculous to believe a defendant was throwing cats out his window as the two witnesses testified during rush hour on the busiest street in the county with hundreds of people to see the alleged crime taking place. The jury did not believe the witnesses and the defendant was found not guilty.

Case: STATE V. J.G. Judge

Second Degree Murder, Being a Convicted Felon in Possession of a Firearm

The defendant was charged with second degree murder and being a convicted felon in possession of a firearm. The defendant faced life in prison. The two counts were severed and the State tried the defendant on the felon in possession charge first. At trial, the defense was able to impeach witness after witness as their stories contradicted each others on major points. The primary defense in the case was that the defendant only grabbed the gun and shot the victim out of “necessity” to protect his relative who was getting beat up in the street. The jury found the defendant acted out of “necessity” under the law and found him not guilty. He later received probation and not one day in jail on the murder charge as none of the witnesses were credible after the first trial.

Case: STATE V. C.M. Judge

Lewd and Lascivious Sex Acts with a Child Under 16 Years Old

The defendant was charged with Lewd and Lascivious Sex Acts with a Child Under 16 years old. He faced 30 years in prison. At trial, the defendant testified that he did not commit the acts alleged and that the child was lying due him being a strict step parent. The defense argued that was her motive to lie and fabricate the story. He was found not guilty by the jury.

Case: STATE V. C.T. Judge

Aggravated Battery

The defendant was charged with aggravated battery which she faced up to 15 years in prison. The defendant testified she and the alleged victim had numerous problems in the past and that the entire story was a lie. Also, the defense pointed out to the jury that the victim had no visible injuries to corroborate her story to the police. The defendant was found not guilty.

Case: STATE V. J.C. Judge

Aggravated Assault with a Firearm

The defendant was charged with aggravated assault with a firearm facing a three year minimum mandatory prison sentence. At trial, the victim, who was the ex-girlfriend of the defendant, stated the defendant pulled a gun on her. She told police the gun was positively black, yet the gun found by police was bright silver. The defendant also testified about their rocky relationship prior the allegation. The defendant was found not guilty.

Case: STATE V. M.F. Judge

Attempted First Degree Murder with a Gun

The defendant was charged with attempted first degree murder with a gun and facing life in prison. The defendant was alleged to have gone over to someone’s trailer to collect money. The defense alleged at trial, the victim pulled a weapon first in a scuffle and the defendant acted in self defense by shooting the individual to protect his life. He was found not guilty.

Case: STATE V. L.H. Judge

Robbery with a Deadly Weapon

The defendant was charged with robbery with a deadly weapon (to wit: a stick). If convicted, he faced life in prison. The defendant had a lengthy felony record. At trial, a photo pack was shown to the victim who picked the defendant out of the pictures. When the photo pack was shown at trial, the defendant’s head was the smallest and looked nothing like the other five men in the pack. The defense argued misidentification due to the suggestive nature of the pictures. The defendant was found not guilty.

Case: STATE V. R.S. Judge

Five Counts of Aggravated Assault with a Deadly Weapon, Aggravated Battery on a Police Officer with a Deadly Weapon

The defendant was charged with five counts of aggravated assault with a deadly weapon (a car) and aggravated battery on a police officer with a deadly weapon (a car). He faced up to 105 years in prison. At trial on all charges, the defense argued the defendant’s “intent” was to get away from police during the chase, not to cause them fear. The jury found no “intent’ and found him not guilty on all counts.

Case: STATE V. V.B. Judge

Possession of Cocaine

The defendant was charged with possession of cocaine. He faced five years in prison on this third degree felony. All the officers contradicted each other’s testimony when cross examined and the defendant was found not guilty.

Case: STATE V. V.F. Judge

Armed Burglary of a Dwelling

The defendant was charged with armed burglary of a dwelling which was punishable by life in prison. The victim in the case was the defendant‘s estranged relative. On the witness stand, she made one inconsistent statement after another upon repeated questioning by the defense. The jury found her testimony to be not credible and he was found not guilty.

Case: STATE V. J.O. Judge

Sexual Battery

The defendant was charged with Sexual Battery. He faced up to 15 years in State prison if convicted. At trial, the victim elaborated her story in that she stated the defendant hit her and ripped her clothes. The detectives did not corroborate her story when they testified. Further, the day after the alleged rape, the victim went to the defendant’s house to confront him. At trial, the defense argued that it was absolutely ridiculous an alleged rape victim would go to the alleged rapist’s house. Along with the contradictions in her story versus the physical evidence brought out on cross examination, the jury found him not guilty.

Case: STATE V. D.R. Judge

Attempted First Degree Murder and Aggravated Battery

The defendant was charged with attempted first degree murder and aggravated battery. The defendant stabbed the alleged victim in a bar fight. The accuser made several allegations at trial which were not consistent with his pre-trial deposition testimony. Also, the defense argued self defense since the accuser attacked the defendant first according to eye witness statements. The jury found the defendant not guilty on both counts. If convicted, the defendant would have been sent to prison for the rest of his life.

Case: STATE V. L.R. Judge

Two Counts of Battery on Law Enforcement Officers

The defendant was charged with two counts of battery on law enforcement officers and facing ten years in prison. The defense was able to establish that the defendant acted in self defense as he was being beaten by the cops and pepper sprayed. The jury found the defendant not guilty on both counts.

Case: STATE V. M.W. Judge

Robbery with a Firearm

The defendant was charged with robbery with a firearm. The crime was punishable by life in prison. The defense argued the defendant was misidentified by the victim. The jury found the defendant not guilty.

Case: STATE.V. R.P. Judge

Four Counts of Aggravated Assault with a Firearm and Shooting into a Dwelling

The defendant was charged with four counts of aggravated assault with a firearm and shooting into a dwelling. She faced up to 35 years in prison, including 3 year minimum mandatory prison sentences on each aggravated assault count. At trial, numerous witnesses gave different accounts about the incident as each witness was questioned by the defense. Due to their contradictory stories and conflicts in the evidence, such as no shell casings being found by police, the jury found the defendant not guilty on all counts.

Case: STATE V. M.A. Judge

Attempted First Degree Murder, Aggravated Battery on a Law Enforcement Officer, Grand Theft of a Motor Vehicle, Resisting an Officer with Violence

The defendant was charged with attempted first degree murder, aggravated battery on a law enforcement officer, grand theft of a motor vehicle, and resisting an officer with violence. The defendant was facing life in prison. At jury trial, the defense argued the defendant acted in self defense. The defense put the defendant on the witness stand to tell his side of the story that he was just protecting himself and the jury found him not guilty on all charges.

Case: STATE V. J.T. Judge

Lewd and Lascivious Act on a Child Under 16 Years Old

The defendant was charged with lewd and lascivious act on a child under 16 years old. The defendant was facing up to 15 years in the State Prison. At trial, the defense was able to impeach the alleged victim with inconsistencies in her statements on cross examination. The jury found the defendant guilty of a lesser charge, misdemeanor battery, and he received probation and not one day in jail.

Case: STATE V. R.F. Judge

Grand Theft, Burglary of a Structure

The defendant was charged with grand theft and burglary of a structure. The defendant was facing ten years in prison. The State could not prove its case beyond a reasonable doubt based on inconsistencies the defense was able to point out to the jury and the jury found the defendant not guilty on both counts.

Case: STATE V. K.S. Judge

The police conducted a traffic stop on the defendant's car for a seat belt violation. When the officer approached the car, he smelled an odor of marijuana coming from inside the vehicle. The officer had the defendant step out of the car and then noticed marijuana in plain view on the rear left rear floor board in a zip locked bag. The defendant admitted the marijuana was his for personal use. The defendant was charged with possession of marijuana.

The defendant received No criminal conviction for a drug charge and the firm also saved the defendant from losing his driver's license for two years by not being convicted of said drug charge.

Case: 2015-CT-003529 Judge Obrien
The defendant was stopped by police for blocking traffic. Upon contact with the defendant, the officer observed her to have slurred speech, bloodshot eyes, and a wet stain on the pants. Once out of her car, the defendant appeared uneasy, unsteady, and very carefree. Believing the defendant was impaired by a chemical and/or controlled substance, the defendant was asked to perform roadside tasks. The defendant stated she takes various controlled substances for medical issues. According to the officer, she exhibited numerous clues of impairment and was arrested for DUI. After her arrest, she was asked to provide a urine sample. She complied, and once the results from the toxicology lab came back, it showed three different controlled substances in her system.
Parks & Braxton had pretrial talks with the State. We discussed with them that the defendant did not state when she when she had last taken the drugs. Thus, without any time frames, there was no way for the State to prove she was under the influence of the drugs at the "time of driving" as required by law as they could have been in her system for a few days.
The State dropped the DUI.
Case: 2015-CT-003529 Judge Obrien
The defendant was stopped by police for blocking traffic. Upon contact with the defendant, the officer observed her to have slurred speech, bloodshot eyes, and a wet stain on the pants. Once out of her car, the defendant appeared uneasy, unsteady, and very carefree. Believing the defendant was impaired by a chemical and/or controlled substance, the defendant was asked to perform roadside tasks. The defendant stated she takes various controlled substances for medical issues. According to the officer, she exhibited numerous clues of impairment and was arrested for DUI. After her arrest, she was asked to provide a urine sample. She complied, and once the results from the toxicology lab came back, it showed three different controlled substances in her system.
Parks & Braxton had pretrial talks with the State. We discussed with them that the defendant did not state when she when she had last taken the drugs. Thus, without any time frames, there was no way for the State to prove she was under the influence of the drugs at the "time of driving" as required by law as they could have been in her system for a few days.
The State dropped the DUI.
Case: 2017-CT-006068 Judge Valkenburg
The defendant was involved in a two car crash whereby by his car flipped over. When police and fire rescue arrived, they observed the defendant crawling out of the car. They observed him to have an odor of alcohol, bloodshot eyes, and slurred speech. He appeared confused and off balance. The defendant performed very poorly the roadside tests and was arrested for DUI. He subsequently refused a blood draw. This was the defendant's Second DUi.
Fire rescue had placed a neck brace on the defendant. The investigating DUI officer asked him to take it off prior to conducting field sobriety tests, shortly after he had been a rollover crash. The officer then had the defendant perform walk and turn and one leg stand exercises. It was obvious from the videotape that the defendant had been injured in the crash and that any impairment was due to the injuries from the crash (ie. neck brace) and not alcohol.
The State dropped the DUI.
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